Jackson Health System, Doctor’s Group & ACC/GP Development: Legal Contract or Draft Copy

Where will Jackson Health System will find their answer to the million dollar question, “Did Roldan enter into a legal and binding contract between the “Doctors Group and Aventura’s “ACC/GP Development” on January 31?” or did each she reach beyond the scope of her executives power?

The answer lies in the wording of the by-laws as it refers to former Chief Executive Eneida Roldan position and her power with regards to soliciting, negotiating, reviewing and subsequently getting the nod of approval from the legal department at Jackson.

Without having privy to the actual document that was signed by the parties involved, any comments will be subjective in nature.

“Food For Thought!!!

A legal document can cause its organization millions by a simple play of one or two words, such as: “and /or “, in addition to “i/we.”

The devil is in the details of the bylaws for Jackson.

What exactly did the contract specify?

1. While Eneida Roldan appeared to have “carte blanche” with Jackson’s coffers, was there an amount that she could not exceed without full review from the Board of Directors?

2. Did Roldan have a “fiduciary responsibility” to keep the board members informed and also to work closely with the legal department, especially with a no-bid contract lasting for a period of 10+ years?

3. Did the legal department also have a responsibility to question a document they determined would have adverse affects on the future of Jackson?

4. Did the “Doctors Group” & ACC/GP Development” understand that the contract was a “draft” subject to review by the legal department and other entities, before a final contract would be presented for signatures?

5.Since Roldan co-signed with a group of 12 doctors, [who are affiliated with South Florida Multispecialty Associates] entered into an agreement which was never reached between the two aforementioned partners, because one [Jackson Health System] or the other decided that the deal was not in their best interest, then in principle, you have an “impasse “one party backed away after performing their “due diligence,” then in the spirit of the contract, it could not be worded “Jackson Health System and Doctors Group.” In order for the contract to then be legal, it would have to be worded Jackson Health System “or” Doctors Group.

6.Even though Roldan initiated the contract on behalf of Jackson Health System, Jackson Health System ultimately exercised its “due diligence” and after considering other “mitigating factors,” decided not to proceed.

7.Does the contract state that it must be signed and agreed upon by a specific time?

8.Remember that all parties can enter their “John Hancock” but it must be approved and ratified to be official.

9.Unfortunately, there are “loopholes” in 95% of all contracts!

10.The question remains: “Will the loopholes be used for or against you?”