examining a top-down approach to enterprise risk management

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Examining a Top-Down Approach to Enterprise Risk Management June 25, 2018|12:30 ET Monique Allen Associate General Counsel, Clinical Operations and Privacy Memorial Hermann Health System Houston, Texas Kimarie R. Stratos Senior Vice President, General Counsel, and Chief Privacy Officer Memorial Healthcare System Hollywood, Florida 1 This luncheon is hosted by Business Law & Governance, Hospitals & Health Systems and Health Care Liability & Litigation PGs and Enterprise Risk Management and Behavioral Health TFs

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Examining a Top-Down Approach to Enterprise Risk Management

June 25, 2018|12:30 ET

Monique AllenAssociate General Counsel, Clinical Operations and PrivacyMemorial Hermann Health SystemHouston, Texas

Kimarie R. StratosSenior Vice President, General Counsel, and Chief Privacy OfficerMemorial Healthcare SystemHollywood, Florida

1

This luncheon is hosted by Business Law & Governance, Hospitals & Health Systems and Health Care Liability & Litigation PGs and Enterprise Risk Management and Behavioral Health TFs

Making the Case to the C-Suite

• Unprecedented external scrutiny• Competitive advantage

– Can navigate quicker than competitors

Defining ERM for the C-Suite

• Identify, assess, & manage enterprise-wide risk potentially affecting attainment of strategic goals

• Department decisions vs. enterprise decisions• Proactive vs. reactive

Obtaining C-Suite Engagement/Approval

• Demonstrate importance of C-Suite advocate• Align C-Suite perceived risks with stakeholder

perceived risks– Demonstrate disparity

• Focus on strategic goals• Communicate risk transfer in business terms

– Financial impact

MHS Case Study

• Obtaining CEO support• Engaging C-Suite • Laying framework/process in advance• Implementing ERM Program

Why MHS Began the ERM Journey

An effective ERM program allows an organization to:• Agree on risk management goals, objectives and

metrics• Assign roles and responsibilities for managing risk• Effectively communicate risk issues up and down

organization• Develop consistent and continuous approach to

identify/evaluate risk• Provide efficient structure to embed risk awareness,

processes and terminology

MHS ERM Steps

Define Scope of

Assessment

Document Review & Research

SurveyRisk

Assessment Workshop

Risk Improvement Planning

Critical Risks Assessed / Improvement Plans Created

Impact & Likelihood Ratings

Impact Score

Impact Description Financial Impact

5 CatastrophicIf this risk were to materialize, ABC Co. would find it almost impossible to

recover financially. Reputational impact would almost certainly occur.Financial impact greater than

$100M

4 SignificantThe consequences of the risk materializing are severe but could be

managed to some extent.Financial impact of more than

$50M but less than $100M

3 ModerateThe consequences of the risk materializing are less severe and can be

managed to a large extent.Financial impact of more than

$25M but less than $50M

2 LowThe consequences of the risk materializing are considered relatively

unimportant.Financial impact of more than

$10M but less than $25M

1 Negligible There are no meaningful consequences if this risk materializes.Financial impact of less than

$10M

Rating Likelihood Description Frequency

5 Expected Occurs often / is to be expectedAnnual or 2 year to 3 year type

event

4 Probable Known to occur / would not be surprising 5 year to 10 year event

3 Moderate Could occur but infrequently 10 year to 25 year event

2 Unusual Could possibly occur but would be rare 25 year to 50 year event

1 Remote Could conceivably occur but would be extremely remote 50+ year event

Likelihood / Impact Risk Distribution*

With Current ControlsRisk

#Impact

(I)Likelihood

(L) Risk Description Gross Risk Score (GRS)

1 4 4 Unable to Attract Qualified Personnel 164 4 4 Complexity of Data Structure & Environment 16

24 4 4 Inadequate Breadth / Depth of Clinical Services 162 5 3 Cyber Risks 159 4 3 Reduction in Quality of Care (Actual or Perceived) 12

23 4 3 Regulatory Compliance / Legal Environment 125 3 4 Mismatch Between Planned and Actual Workforce Needs 12

11 3 4 Resource Management / Allocation 1213 3 4 Patient Satisfaction / Patient Complaints 1216 3 4 Brain Drain: Loss / Unexpected Departure of Key Individuals 1221 3 4 Uncertainty in Clinical Enterprise 126 5 2 Significant Negative Media / Publicity Event 10

22 5 2 Catastrophic Natural Disaster 1014 4 2 Mistakes in Financial Processes / Fraud 815 4 2 IT System Crash / Breakdown 817 4 2 Terrorist Event / Violence on Campus 88 3 2 Scientific Misconduct 6

12 5 1 Loss of Tax Exempt Status 5

Top 10 RisksAssessment Output Summary

Improvement Plan

Top 10 RisksImmediate Improvement Recommendations

Likelihood / Impact Risk Distribution

With Risk Improvements ImplementedRisk

#Impact

(I)Likelihood

(L) Risk Description Gross Risk Score (GRS)

1 4 3 Unable to Attract Qualified Personnel 124 5 2 Complexity of Data Structure & Environment 10

24 5 2 Inadequate Breadth / Depth of Clinical Services 102 5 2 Cyber Risks 109 3 3 Reduction in Quality of Care (Actual or Perceived) 9

23 3 3 Regulatory Compliance / Legal Environment 95 3 3 Mismatch Between Planned and Actual Workforce Needs 9

11 3 3 Resource Management / Allocation 913 4 2 Patient Satisfaction / Patient Complaints 816 4 2 Brain Drain: Loss / Unexpected Departure of Key Individuals 821 4 2 Uncertainty in Clinical Enterprise 86 4 2 Significant Negative Media / Publicity Event 8

22 3 2 Catastrophic Natural Disaster 614 2 3 Mistakes in Financial Processes / Fraud 615 3 2 IT System Crash / Breakdown 617 3 2 Terrorist Event / Violence on Campus 68 2 2 Scientific Misconduct 4

12 2 2 Loss of Tax Exempt Status 4

Risk MatrixBefore Risk Improvements Implemented

Like

lihoo

d

Impact

Risk Matrix - Before Improvement

5

4 7, 8, 9, 10, 11 1, 2, 3

3 5, 6 4

2 17, 18 14, 15, 16 12, 13

2 3 4 5

1 19

1

Source of Risk

0 1 2 3 4 5 6

Operational

Information Technology

Human Capital

Financial

Quality

Products / Services

Legal / Regulatory

Strategic

Analysis by Source of Riskand Stratified by Risk Rank (Before Improvements)

GRS>=15 15>GRS>=10 10>GRS>=7 7>GRS>=3 GRS<3

Risk ProfileWith Current Controls & Improvements Implemented

1

2 3 2

2 1

5 3

0

1

2

3

4

5

6

0 1 2 3 4 5 6

Like

lihoo

d

Impact

Risk Distribution With Current Controls

1

2 3 4 3

1 4 1

0

1

2

3

4

5

6

0 1 2 3 4 5 6Li

kelih

ood

Impact

Risk Distribution After Improvements

Gross Risk Score = 135 Gross Risk Score = 94

Thank You

Monique AllenAssociate General Counsel, Clinical Operations and PrivacyMemorial Hermann Health SystemHouston, [email protected]

Kimarie R. StratosSenior Vice President, General Counsel, and Chief Privacy OfficerMemorial Healthcare SystemHollywood, [email protected]

Title © 2018 is published by the American Health Lawyers Association. All rights reserved. No part of this publication may be reproduced in any form except by prior written permission from the publisher. Printed in the United States of America.

Any views or advice offered in this publication are those of its authors and should not be construed as the position of the American Health Lawyers Association.

“This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the publisher is not engaged in rendering legal or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought”—from a declaration of the American Bar Association.