Resolving Employment Conflict of Interest Issues in the Workplace

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Resolving Employment Conflict of Interest Issues in the Workplace

  1. 1. RESOLVING EMPLOYMENT CONFLICT OF INTEREST ISSUES IN THE WORKPLACE
  2. 2. <ul><li>“ Conflict of interest” means different things: </li></ul><ul><li>- Legal Ethics </li></ul><ul><li>- Medical Ethics & Regulatory Compliance </li></ul><ul><li>- Corporate Compliance </li></ul>
  3. 3. LEGAL ETHICS <ul><li>Ethical conflicts of interest – for instance - representing both sides of the same dispute, being adverse to a client you formally represented, etc. </li></ul>
  4. 4. MEDICAL COMPLIANCE <ul><li>Regulatory compliance and various insurance requirements define certain circumstances where ethically your physicians are not permitted to supply services or if they supply services they will not be reimbursed. </li></ul>
  5. 5. CORPORATE COMPLIANCE <ul><li>Many organizations have “conflict of interest” policies that regulate both the legal, employment and best business practices standards the organization wants all of its employees to observe. </li></ul>
  6. 6. POLICY ISSUES COVERED <ul><ul><li>SEC, Foreign Corrupt Practices, Import/Export Compliance </li></ul></ul><ul><ul><li>Federal, State and local laws and regulations </li></ul></ul><ul><ul><li>Employment Laws </li></ul></ul><ul><ul><li>Moonlighting, other businesses </li></ul></ul><ul><ul><li>Expense Reporting </li></ul></ul><ul><ul><li>Gifts from Suppliers </li></ul></ul>
  7. 7. <ul><li>Today’s discussion will focus on the business conflict of interest issues that several of your members asked us to focus on today. </li></ul>
  8. 8. 1. Directing employees to perform personal tasks. <ul><li>Examples are: </li></ul><ul><li>Picking up dry cleaning; </li></ul><ul><li>Picking up wife or significant other’s jewelry; </li></ul><ul><li>Babysitting children; </li></ul><ul><li>Picking up children from school; </li></ul><ul><li>All of the above </li></ul>
  9. 9. <ul><li>The issues are numerous. The primary issue for the organization is the diversion of the medical practices resources for personal tasks that do not benefit all of the owners equally. </li></ul>
  10. 10. <ul><li>2. Running another or side business from the medical office using the practices resources for one or more owners’ personal gain. </li></ul>
  11. 11. <ul><li>While the issues are numerous and would include all of the issues we discussed above, we need to add consideration of theft of corporate opportunity and claims by “non-participating” and “non-informed” members of the practice for theft of practice services or a “cut of the action.” </li></ul>
  12. 12. <ul><li>3. How to deal with gifts and trips from vendors? </li></ul><ul><li>Problems include the unfair distribution of these items within the practice and practice coverage issues caused by people going on the trips. </li></ul>
  13. 13. The primary issue is anti-kickback statute, Medicare, Medicaid reimbursement. Problem areas include: - Drug Reps - Durable Medical Sales - Home Health Agencies
  14. 14. 4. WHAT ABOUT BACKDOOR DEALS? <ul><li>Arrangements with Hospital and Providers on Medical Services </li></ul><ul><li>- Anti-Kickback </li></ul><ul><li>- Stark Statute </li></ul>
  15. 15. <ul><li>What issues are involved with one physician mandating the use of physicians’ relatives for key personal issues such as key financial planning, legal, etc. within the practice. </li></ul>
  16. 16. <ul><li>Some issues with the use of a physician’s relatives as a medical supply vendor. </li></ul>
  17. 17. <ul><li>Paying that vendor more as a way to “reward” the physician employee. </li></ul><ul><li>- Disclosure </li></ul><ul><li>- Resolving Performance Issues </li></ul><ul><li>- Fees and Bidding out services </li></ul>
  18. 18. <ul><li>Physician/employees having personal relationship. </li></ul><ul><li>- Practice Liability </li></ul><ul><li>- Individual Liability </li></ul><ul><li> - Performance Issues </li></ul><ul><li>- Policy Issues </li></ul>
  19. 19. <ul><li>Physician mandating the use of relatives as employees. </li></ul>
  20. 20. <ul><li>Pressuring employees to purchase items from physicians family and/or children. </li></ul><ul><li>- Girl Scout Cookies </li></ul><ul><li>- New cars or sale or purchase of home </li></ul>
  21. 21. SOLUTIONS <ul><li>Policy issues need to be discussed </li></ul><ul><li>Written policies put in place and signed by </li></ul><ul><li>all key employees </li></ul><ul><li>Training and Roll-Out meetings are key </li></ul><ul><li>Policies need to be enforced </li></ul><ul><li>Everyone needs to stay on-board </li></ul>
  22. 22. LATHROP & GAGE CAN HELP <ul><li>Significant Experience with Medical Practice Groups </li></ul><ul><li>We can do the heavy lifting </li></ul><ul><li>We have done this training with doctors </li></ul><ul><li>HROI is also available for follow-up and help. </li></ul>

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