Skip to content
Formerly Hosted by the Law Professor Blogs Network

Negotiating For Health Care Services Using the DPAP’s Process

Dpapseal Victoria Pynchon, a Forbes reporter, recently posted a blog describing her upcoming negotiations with her ex-husband’s potential nursing home. Though Pynchon and her husband divorced years ago, she still holds his health care power of attorney. According to Phynchon (who went through a similar process when her father’s health declined two years ago) the most powerful step an individual can take prior to negotiating is preparation.

Phynchon turned to the Defense Procurement and Acquisition Policy Department’s Negotiation Preparation materials for negotiation inspiration. Though the DPAP’s materials were designed to help the Department purchase weapons, Phynchon claims the step-by-step negotiation process available on the Department’s website is beneficial for those negating health care services for loved ones. The materials state, “Thorough preparation is the most important prerequisite to effective negotiation. Neither experience, bargaining skill, nor persuasion on the part of the negotiator can compensate for the absence of preparation.” The list below, available on the DPAP website, outlines the Department’s negotiation preparation process:

  • tailor the negotiation team to the situation
  • identify negotiation issues and objects
  • identify your bargaining partners’ history and probable approach
  • assess bargaining strengths and weaknesses
  • identify negotiation priorities and potential tradeoffs
  • determine an overall negotiation approach
  • prepare a negotiation plan
  • present the negotiation plan
  • prepare a negotiation agenda

See Victoria Pynchon, Negotiating Life’s End on Medi-Cal: Second in the Series, Forbes Woman, Jul. 10, 2011.

Special thanks to Jim Hillhouse (WealthCounsel) for bringing this article to my attention.