Insight

The Power of Two

More health care companies than ever see the value of robust partnerships in a constantly changing industry.

Health Care and the Private Sector
Dale Van Demark

Dale Van Demark and Kerrin B. Slattery

December 20, 2018 03:28 PM

Seismic new forces—technology, value-based agreements, fresh industry players, and many more—are creating major shifts in health care, prompting companies of all sizes to collaborate in sometimes unexpected ways. Among payers and providers in particular, we’ve seen 22 partnerships emerge in the first half of 2018 alone, according to an analysis from the consulting firm Oliver Wyman Health—only six fewer than occurred throughout all of 2017.

To thrive—even just to survive—in this new environment, those in the health industry are recognizing the need to rethink the strategic norms that have guided them for years, exploring the benefits of both collaboration and conglomeration. Nontraditional health care companies seeking to enter the market, too, are increasingly realizing those benefits as they get more familiar with the fiendishly complex health care landscape. Many see opportunity in health care but lack sufficient knowledge of reimbursement structures and regulations, privacy and security concerns, and patient-safety stipulations to enter the market effectively—which makes working with an experienced partner that much more appealing.

Success in an increasingly collaborative health care environment requires understanding the industry’s drivers for change as well as what its new participants have to offer. It’s critical, too, to understand the potential pitfalls when organizations work to implement a cross-industry collaboration.

A Shifting Conversation

For many years, the United States has struggled to contain the costs of insurance and health care services. Indeed, the United States spends a disproportionate amount on health care relative to its wealth. This generates additional pressure on health care companies to control costs from the public, the media, and the government.

In response, payers increasingly focus on “value”—frequently through expanding the group of parties subject to financial risk for care as well as the quality of care. This has required provider organizations, the financial stability of which has traditionally been determined by volume and rates for services rendered, to refocus on new metrics for success, while simultaneously needing to operate under the still dominant “fee for service” model. Consumer demands for a more responsive health care system, meanwhile, put pressure on both payers and providers to improve its service and engage more meaningfully with its “customers.” Forward-thinking tech companies and management teams are looking to satisfy these demands innovatively through means including enhanced use of consumer-oriented information technology.

Faced with these pressures, health care players recognize that they might not be able to make all changes alone. As such, many of them are looking to partner with others who have the necessary expertise and resources rather than attempting to build them themselves when budgets are already stretched thin.

Collaborations of this sort bring rapid change—and show tremendous promise—for the entire industry. By acting on these new possibilities and working together, companies are proactively bringing about much-needed change in a shifting marketplace.

Pillars of Success

While new collaborative models hold great promise to change the delivery of health care, the collaborations themselves must also work, which goes well beyond simply signing a well-drafted contract. Any company embarking on a new tie-up like this must focus on these three pillars of success:

  1. Scope. Collaborations can suffer from “mission creep” even during initial discussions, as the parties learn more about each other and recognize potential opportunity. Successful partnerships are generally designed around a specific, actionable mission—and while exploration of other potential collaborative benefits is usually a good idea, it shouldn’t come at the expense of the collaboration at hand. Failure to stick to that can lead to unrealistic expectations, unachievable goals, and confusion during negotiations. Staying focused on the goal at hand takes discipline, and it’s critical to success.
  2. Compliance. Organizations outside the health care industry may have limited experience with the unique risks its regulatory structure creates. This experience gap sometimes produces not just confused expectations with respect to deal structure and partnership goals, but also problems in the transaction process itself as the two groups talk past each other. It’s vital that both health care and non-health care companies recognize their differences of experience and approach the negotiations, deal structuring, and business planning with a suitable focus on compliance and their respective levels of risk tolerance.
  3. Culture. Cultural fit is often crucial to partnership success. Within the broader industry, cultural differences among for-profit and nonprofit health systems, payers, physician practice-management firms, and others can be dramatic; the difference between traditional health care and technology firms can be even more so. These differences need not be deal killers—rather, an understanding of them is often all that’s required to avert conflict. That can also lead to recognition of opportunities and benefits the parties might not have considered. In these circumstances, even if problems arise, including “scope creep,” the groups can address them on the basis of mutual understanding and respect. A relationship built on trust is a primary component of the glue that holds any collaboration together.

Trial, Error . . . and Ultimate Success

While it can be thrilling to get caught up in the excitement of new capabilities and opportunities in health care partnerships, it’s important to remember that the increasingly collaborative sensibility we’re witnessing isn’t always elegant. More often, these endeavors are driven by experimentation, and with no established “right” way of doing things.

In this trial-and-error environment, it can be easy to overlook details as simple as due diligence. Given the trajectory of technological and innovative advances in health care, we can expect to see the number of partnerships continue to spike in 2019 and beyond—and with it, most likely, a somewhat lesser spike in failures. As more organizations realize that their work could be amplified with a partner by their side, keeping all of the above in mind will help provide peace of mind to all parties that their collaboration will not end up one of the failures.

---------

Kerrin Slattery represents hospitals and health systems, as well as other health industry providers and investors across the country. She has significant experience in all aspects of health industry transactions, including mergers, acquisitions, affiliations, joint ventures, and system restructurings, and also advises health industry clients on accountable-care strategies and hospital-physician integration initiatives. Additionally, Kerrin regularly advises health industry clients on corporate and regulatory compliance matters, including licensure, fraud and abuse laws, accreditation, and other state and federal regulations.

Dale Van Demark advises health industry clients on strategic transactions and the evolution of health care delivery models. He has extensive experience in health system affiliations and joint venture transactions, as well as on the development of technology in health care delivery—particularly telemedicine. Dale has been at the forefront of advising clients with respect to the globalization of the US health care industry. He also advises both US/non-US enterprises on the formation of cross-border affiliations and international patient programs.

Related Articles

In the News: Texas 2019


by Best Lawyers

A roundup of relevant news from lawyers listed in Texas.

Legal News Roundup Texas

Health Care Prime


by Andrew Kinworthy, Jonathan K. Henderson, Kevin McDonell and Robert A. Guy, Jr.

How will M&A shape the American health industry going forward? By adhering to the Amazon model.

Health Care on Demand

Insurance Coverage to Protect the Health Care Industry from the Increasing Risks Associated with the Internet of Things


by Meghan Magruder and Amy Dehnel

While this connectivity can provide great benefits to patients and physicians, the security issues inherent in these devices are critical.

Insurance for Health Care Industry

The New Era for Health Care Services in the United States


by Bobby Guy & Brook Bailey

The future of Obamacare is unclear, and what U.S. health care will look like when the political fuss is over is an inquiry punctuated by a very large question mark.

Health Care Services

Public Health Reform: What does the future look like for patients?


by Vanessa Mellis

Increased government stewardship and a stronger user orientation are two of the key elements shaping this process.

Public Health Reform

Trending Articles

Presenting The Best Lawyers in Australia™ 2025


by Best Lawyers

Best Lawyers is proud to present The Best Lawyers in Australia for 2025, marking the 17th consecutive year of Best Lawyers awards in Australia.

Australia flag over outline of country

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

Announcing The Best Lawyers in New Zealand™ 2025 Awards


by Best Lawyers

Best Lawyers is announcing the 16th edition of The Best Lawyers in New Zealand for 2025, including individual Best Lawyers and "Lawyer of the Year" awards.

New Zealand flag over image of country outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing The Best Lawyers in Japan™ 2025


by Best Lawyers

For a milestone 15th edition, Best Lawyers is proud to announce The Best Lawyers in Japan.

Japan flag over outline of country

The Best Lawyers in Singapore™ 2025 Edition


by Best Lawyers

For 2025, Best Lawyers presents the most esteemed awards for lawyers and law firms in Singapore.

Singapore flag over outline of country

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

How Much Is a Lawyer Consultation Fee?


by Best Lawyers

Best Lawyers breaks down the key differences between consultation and retainer fees when hiring an attorney, a crucial first step in the legal process.

Client consulting with lawyer wearing a suit

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Presenting the 2024 Best Lawyers Employment and Workers’ Compensation Legal Guide


by Best Lawyers

The 2024 Best Lawyers Employment and Workers' Compensation Legal Guide provides exclusive access to all Best Lawyers awards in related practice areas. Read below and explore the legal guide.

Illustration of several men and women in shades of orange and teal

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Attacked From All Sides: What Is Happening in the World of Restrictive Covenants?


by Christine Bestor Townsend

One employment lawyer explains how companies can navigate challenges of federal and state governmental scrutiny on restrictive covenant agreements.

Illustration of two men pulling on string with blue door between them