Conflict of Interest Policy

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Policy:

All board members, staff (defined as employees, students, volunteers, independent contractors, and agents) are required to adhere to the agencies' policies regarding avoidance of conflict of interest throughout their term, employment, clinical placement, volunteer activities, or contractual agreement.
If any member of the board of directors will derive any profit or gain directly or indirectly by reason of membership on the board of directors, the objectivity or loyalty of that member could be questioned, and a charge of self-dealing could be made because of a possible conflict of interest. Therefore, if a matter arises in which a member of the board has a conflict of interest, this shall be promptly disclosed to the board of directors.
In matters involving a conflict of interest, a board member must disclose any known significant reason why a transaction may not be in the best interest of the agency and a board member shall not participate in discussion (unless requested by the board) nor vote on such transactions nor shall such board member be counted for purposes of establishing a quorum of the board at such meeting. His/her abstention and reason for it shall be recorded in the minutes.
Nothing in this policy will prohibit the services of VNA Care Network Foundation and Subsidiaries being rendered to any board member on the same basis that services are rendered to all other clients.
A staff member, student, or volunteer may also be in a conflict of interest. Any employee, student, or volunteer or contracted staff member who could, or would, derive any profit or gain directly or indirectly by a relationship with another organization, must make the conflict known to their supervisor. If the staff member, student, or volunteer has ties to or ownership in an unrelated company or is on the staff of an unrelated company, he/she will notify the supervisor, so as not to be placed in a compromising position, which could include, for example, a staff member who is also an employee for a hospital that gives referrals to VNA Care Network Foundation and Subsidiaries; a staff member who has ownership in a medical supply company that provides medical supplies to VNA Care Network Foundation and Subsidiaries. The supervisor, in conjunction with the leaders of VNA Care Network Foundation and Subsidiaries, will determine the appropriate actions.

Purpose:

To define a process to maintain ethical business practice and to avoid any potential conflict of interest. Because of the public service mission of the agency, it is important that the community have confidence in the management and administration of the agency. Should a member of the board or staff receive compensation (related to outside relationships) or derive any financial profit or gain directly through compensation, the objectivity or loyalty of that member could be questioned.

Definitions:

Conflict of Interest — a person has a conflict of interest if the person has, directly or indirectly, through business, investment, or family:

An ownership or investment in any entity with which the Corporation has a transaction or arrangement, or
A compensation agreement with the Corporation or with any entity or individual with which the Corporation has a transaction or arrangement, or
A potential ownership or investment interest in or compensation arrangement with any entity or individual with which the Corporation is negotiating a transaction or arrangement, or
A position as a member, stockholder, director, officer, or employee of any entity with which the Corporation has a transaction or arrangement, or
An ownership or investment interest in, or position as a member, stockholder, director, officer, or employee of any entity that is a competitor of the Corporation.

Procedure:

Each board member and staff will adhere to the policies regarding conflict of interest throughout his/her term, employment, clinical practice, volunteer activities, or contractual agreement.
Each board member and staff has a responsibility to disclose to VNA Care Network Foundation and Subsidiaries any potential or actual conflict of interest in their home care activities and responsibilities. This includes (but is not limited to) financial, advisory, and board of directors. Conflicts must be reported immediately.
When it is determined that a potential conflict of interest exists, Article X of the VNA Care Network Foundation, Inc. and Subsidiaries by-laws will be followed for all board members.

References:

JCAHO Standards; By-Laws

Revised: 7/01; 7/02; 12/02; 2/03; 9/03; 6/06; 11/09