Policy Statement
It is the policy of [PROVIDER] that its employees shall not obtain any improper personal benefit by virtue of his or her employment with [PROVIDER].
Suggested Elements
Providers may wish to include the following suggested elements in their corporate compliance policy. Employees shall not (choose one of the following):
- Solicit, receive, or accept from any person or entity, nor offer or give to any person or entity, anything of material value of that person or entity is in a position to refer business to [PROVIDER] or if [PROVIDER] is in a position to refer business to that person or entity except as permitted by law; or
- Accept any gift, hospitality, or entertainment in any amount from or on behalf of a resident of [PROVIDER]; and shall not accept from any other person any cash or cash equivalents, any gift of more than the nominal value of [CHOOSE DOLLAR AMOUNT] per gift or an aggregate of [CHOOSE DOLLAR AMOUNT] per year from any particular person or entity, or any hospitality or entertainment that because of its source or value might influence the employee’s independent judgment in transactions involving [PROVIDER]. If any gift is received as allowed under the terms of this provision, employee shall notify his or her immediate supervisor promptly.
Employees also shall not:
- Provide any gifts or gratuities to any government or public agency representatives except as permitted by law;
- Make payments for a physician’s travel to or to participation in conferences unless the subject matter of the conference is of direct benefit to [PROVIDER]. Similarly, there shall be no payments of a physician’s continuing education fees, no discounted billing services, no interest-free loans, and no forgiveness of loans as part of any gift to a physician unless such benefits are specially allowed as part of a permissible physician agreement; and
- Pay or receive anything of financial benefit in exchange for Medicare or Medicaid referrals, such as receiving non-covered medical products at no charge in exchange for ordering Medicare-reimbursed products.
Note: Providers should develop specific policies governing the giving, offering, receipt, and acceptance of gifts and entertainment to and from residents, potential referral sources, and other individuals and entities with which the provider has a business relationship. Providers should consult State law when developing policies regarding gifts and entertainment since some States have enacted specific laws governing gifts and entertainment to and from government officials or other individuals and entities in business situations.