10 outsourcing myths that raise your risk: hospitals should be wary of common myths that can cause them to make missteps in developing clinical service outsourcing arrangements

Healthcare Financial Management, June, 2007 by Robert A. Guy, Jr., J. Reginald Hill

Consider this cautionary tale: Persuaded by the promise of both financial and clinical benefits, Community Hospital contracts with an outsourcing company to provide physician staffing for its emergency department. Everything starts well enough, until Community Hospital's outsourcing partner falls into financial difficulties. The outsourcing company files for bankruptcy, and although it continues in business, it is unable to paY its physicians on time.

When the physicians threaten to walk out, Community Hospital's only option is to pay them directly--and then try to terminate the staffing contract. Unfortunately for Community Hospital, though, the bankruptcy court will not allow termination of the contract. Why? Because the staffing contract does not require that the physicians be paid on time--it requires only that they show up to staff the ED, which they are still doing. Terminating the contract is not possible, says the court, until the staffing company breaches the contract and the physicians actually walk out. For Community Hospital, providing critical services in a rural community, allowing its ED to shut down is unthinkable. As a result, Community Hospital is left at the mercies of a bankrupt staffing company, and has to backstop the payments to the physicians to prevent a walkout.

This is a true story. And why would it happen? There exists in the healthcare industry a myth that many hospitals too readily accept regarding outsourcing agreements with clinical service providers: that such agreements need not be carefully evaluated because they involve only short-term commitments and little risk.

OUTSOURCING OBSERVED

This article was inspired, in part, by results of a survey conducted by Waller Lansden Dortch & Davis, LLP in 2006, which examined the current popularity of outsourcing and addressed multiple structures for outsourcing relationships. To read the survey report Hospital Outsourcing Trends in Clinical Services, go to www.wallerlaw.com/WallerSurvey.pdf.> Outsourcing clinical services can be an excellent strategy for hospitals. It can enable them to expand into new practice areas, save costs, and reduce administrative hassles. But as our opening cautionary tale shows, this strategy also involves significant risks, which can be exacerbated if hospital leaders do not take sufficient time to examine their assumptions about such arrangements. Community Hospital's story is just one example of what can happen when hospital leaders harbor misconceptions about how best to structure an outsoureing arrangement.

Such misconceptions form the basis of the outsourcing myths that many hospital leaders too willingly accept today. This discussion focuses on 10 of the most commonly accepted myths. By recognizing the fallacies in each of these myths, hospital leaders can take advantage of important opportunities to fortify their outsoureing arrangement against risk.

MYTH # 1: The most important factor in selecting an outsourcing provider is cost-efficiency--get the lowest price for the broadest scope of services possible. Obviously, price and scope of services are important. But intangibles such as reputation, quality of service, and depth of experience are also critical. The two most important risks that a hospital faces when it enters an outsoureing relationship are profitability risk and liability risk, and these can dramatically affect the ultimate cost.

Profitability risk includes the financial losses a hospital could suffer as a result of a bad outsoureing relationship. Such losses could derive from delayed and lost collections, tarnished reputation, lost referrals, damaged morale, and personnel turnover. A hospital can lose significant income when outsourcing turns sour, and recovering the financial losses later can be difficult, if not impossible.

Liability risk includes the potential liabilities a hospital can suffer as a result of the actions of its outsourcing provider. In particular, such risk can be of a regulatory nature. Because most healthcare regulation is aimed at the facility level, many outsourcing companies are unregulated, and an outsourcing company's noncompliant activities could become a regulatory problem for the facility. Further, in many situations hospitals can have vicarious liability for the actions of outsourcing providers.

Suggestion: When deciding how to outsouree a service, remember that intangibles are key. Take time when considering the contract price to also identify the potential profitability and liability risks.

MYTH # 2: The best way to select an outsourcing provider is to have the hospital administrator make the decision. The administrator may well be the appropriate person to lead the process, but the issues raised by an outsourcing relationship cross multiple departments. A hospital's risk manager, for example, may end up dealing with the results of the outsourcing relationship long after the relationship has ended. Also, morale issues can develop quickly if physicians are surprised with a significant new outsourcing relationship or are required, without being consulted, to use an outsourcing provider that delivers inconsistent service or that they perceive has a poor reputation.


 

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