Gabriela Novoa – GC Powerlist
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Chile 2024

Healthcare

Gabriela Novoa

General counsel | Red UC Christus

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Chile 2024

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Gabriela Novoa

General counsel | Red UC Christus

How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure the organisation’s resilience?

One of the most relevant aspects of the legal profession is crisis management. The mechanisms by which crises are managed impact how they are dealt with and resolved. Thus, managing crises through coordinated teamwork is fundamental. In my case, we have a crisis committee made up of different areas of the company, which is activated at the moment the crisis occurs and which functions permanently from the moment the crisis occurs, or the period of instability is present (for example, the pandemic). This committee addresses legal, communicational and operational aspects, so that the services we provide can continue without impact on patients (users) or employees of the institution. As a legal area, it is essential to assume a leadership role in these situations, not only watching over the legal impact of the crisis, but also thinking about the stakeholders that may be affected. It is important that, in situations of crisis or instability, the work is coordinated with the business, so that the legal area is a partner of the business.

What measures has your company taken to embed sustainability practices into its core business operations, and how does the role of the general counsel contribute to driving and ensuring sustainable practices within the company?

Traditionally, the role of legal departments was focused on demanding regulatory compliance, which was considered a problem for the business. Today, that role has changed substantially. In the case of the legal department I lead, we lawyers are part of the business and a partner in executing the company’s purpose and mission. This implies that in the legal area we not only manage the risks associated with the operation of the company, but we also seek the mechanisms, within the legal frameworks, to enable the progress of the business and, in parallel, to comply with sustainability standards, with a focus on the stakeholders. This implies that the legal team is present in the relevant decision making of the company, in its role as essential strategic advisors to senior management (board of directors and management), always having legal and ethical standards as a framework for action. To meet the above objective, it is essential that lawyers understand and know the environment in which the industry in which we work develops, the risks and opportunities that exist, contributing in a better way to develop and implement policies that involve good corporate practices that tend to make the company more sustainable, inclusive, diverse and ethically responsible (which, ultimately, means better results for the company, from every point of view).

The company in which I workensures that our mission, vision and values are a permanent reality in the Institution, and we define social commitment as a strategic pillar contributing to the health of those who need it most. To achieve this, each of our tasks aimed at the collaborator, the patient, his family and the community have three cross-cutting objectives. Promote an organisational culture aligned with our mission, principles and values, strengthen and expand the spiritual care and the seal of humanisation in the care of our patients, their families and employees and promote and make visible the contribution we make to the community, especially to the most vulnerable patients.

I have the privilege of working in a health institution, in which with the practices mentioned above, we can contribute to the health and welfare of people and, as a legal team, we contribute all our work in this mission and essential purpose of our company.

In your opinion, what are the main trends that are salient in your country currently (these can be legal, political, economy or business-based)?

As a country, we have been going through a process of significant changes in several aspects for some years now. After the so-called “social outburst” in 2019, a movement has been generated, driven by social entities and, to a considerable extent, by the current government, which has meant public policies, legal reforms, attempts at legal reforms and even two failed constitutional processes, but which led to generate awareness that some changes were necessary. One of the focal points of change has been the area of health, which is the industry in which I work, so I have had to be present not only in the legislative follow-up but also through an active participation in the discussion of the country and in the implementation of legal and regulatory standards that have meant risks of crisis to which we must be attentive, as well as substantial changes in the way of operating. Another of the areas strongly promoted by the Government has been the labour area, involving major legislative changes, with a high tendency to protect workers, which although in principle is positive, brings as a consequence high monetary cost for the companies. These regulatory changes at the labour level have among their main objectives to advance towards equal opportunities, inclusion and avoid violence and harassment at work and have had an impact on companies, since they mean a relevant cultural change.

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