Restore Fx Code of Ethics

PURPOSE:

Restore Fx is committed to maintaining the highest ethical standards.  It is our responsibility to ensure these standards with our patients, stakeholders, vendors, suppliers, and the communities where we live and work, as well as to each other. Trust is at the heart of these commitments and trust is built on honesty and dependability regarding ethical conduct.

POLICY:

Restore Fx complies with the legal and regulatory requirements, which include rights of the persons served, confidentiality requirements, reporting requirements, contractual agreements, licensing requirements, corporate status, employment practices, mandatory employee testing, privacy of the persons served, debt covenants, and other applicable standards.  Subpoenas, search warrant, investigation, or other legal action will be directed to the Administrator and executive leadership.

The Code of Ethics applies to the Managing Owners, Administration, Directors, and all employees of Restore Fx including contractor employees.  Each person is responsible for his or her own behavior and actions and while performing job responsibilities, all personnel is personally responsible for ensuring that all conduct reflects positively on the company.  This includes corporate citizenship activities in which Restore Fx personnel or owners may be engaged. These responsibilities include:

  • Complying with all laws and regulations applicable to one’s position
  • Complying with all company polices
  • Maintaining appropriate ethical behavior as described by Restore Fx Policies and their own particular discipline code of ethics
  • Not assisting others who are attempting to violate any law, policy, regulation, or committing an unethical act

Restore Fx Ethical codes of Conduct

Restore Fx has a responsibility for stewardship and the protection of its assets from misuse so as to perpetuate its mission. Restore Fx is committed to compliance with the laws and governance to which it is subject as well as with Restore Fx policies and procedures. Employees, contractors and volunteers of Restore Fx have a responsibility to disclose or report any circumstances where Restore Fx’s internal controls, independent review function, auditing function, compliance monitoring function, accounting systems or governance policies have been or may become compromised or threatened. This includes actual knowledge, or a reasonably strong belief, of such an occurrence or possibility. This policy applies to all Restore Fx employees, contractors and volunteers.

No Retaliation Policy

Restore Fx will not tolerate retaliation, whether direct or indirect, against any employee, contractor or volunteer who makes a good faith report or who cooperates with an investigation of a complaint. Under this policy (commonly referred to as a “whistleblower policy”), those who report illegal or improper activity will be protected. Moreover, any employee, contractor or volunteer who engages in such retaliation will be subject to discipline up to and including termination.

Education on Ethical Codes

Restore Fx attempts to educate all stakeholders on its ethical policies and procedures in the following ways:

  • Posting the Ethics Policy on its website in both English and Spanish
  • Providing a written copy of the Ethics Policy in the Patient Orientation Manual
  • Having all employees (to include contract employees) and owners review and sign a copy of the Ethics Policy upon hiring and/or whenever changes are made to the document.
  • Having all owners review the Ethics Policy annually at the Managing Owners meeting.
  • Providing copies of our ethics policy when possible if engaged in corporate citizenship efforts, for example by noting that it is posted on our website and providing the URL for the website.
  • Advising any patient advocates encountered in the treatment of a Restore Fx patient as to our Ethics Policy and providing them with a written or electronic copy at their request. Providing education to such advocates in situations where we feel that their behavior may be in conflict with our Ethics Policy.

Process for Reporting

  • Any personnel or owner who witnesses or suspects an ethical violation, fraud, waste, theft, abuse or other wrong doing promptly reports and provides related information to the Administrator. If an individual is uncomfortable with reporting to the Administrator, s/he reports to the Program Director. The Program Director forwards any such report immediately to the Administrator and/or the Managing Owners.
  • The Administrator treats all reports in confidence and protects the identity of the reporter, unless it is incompatible with a fair investigation. However, information that involves a threat to life and property, illegal activities, or legal action against the company may require action that does not allow for complete anonymity.
  • Violations of the Policy are grounds for discharge or other disciplinary action, adapted to the circumstances of the particular violation and having as a primary objective furtherance of the Restore Fx’s interest in preventing violations and making clear that violations are neither tolerated nor condoned.
  • Disciplinary action will be taken, not only against individuals who authorize or participate directly in a violation of the Policy, but also against:
  • Provided the allegations are made without malice and in the public interest, ensures no retaliation against the reporter (see No Retaliation Policy above).
  • Investigates all reports within 14 days of receipt.
  • Documents all investigations in a confidential report. The report outlines any action(s) to be taken, which may include disciplinary action up to and including dismissal; changes to policy or practice; reporting to the Auditors; or reporting to the Police or other regulatory agencies such as licensing boards and/or accrediting organizations such as CARF.
  • The Administrator undertakes and oversees any actions resulting from an investigation report. It is important that any lessons be learned and shared throughout the agency.

(1) any employee who may have deliberately failed to report a violation of the Policy;

(2) any employee who may have deliberately withheld relevant and material information concerning a violation of this Policy and

(3) the violator’s managerial superiors, to the extent that the circumstances of the violation reflect inadequate leadership and lack of diligence.

  • In the event that the Police become involved, the Managing Owners represents the agency.
  • The Administrator ensures that the results of the investigation are included in the Annual Report. If they are of a serious nature or may have legal or public implications for the agency, the Administrator reports them promptly to the Managing Owners. Reporting to CARF is also required for serious allegations and investigations.

1. Patients:

Restore Fx believes its first responsibility is to the patients who receive our services.  We will deal with patients with openness and honesty, and they will realize they can not only depend on receiving quality services, but also on our personal word and character as individuals and as an organization.

2. Stakeholders:

Restore Fx will provide quality services at a fair price and ensure that the needs and interests of stakeholders are represented. We will maintain ongoing communications with stakeholders to gain information necessary to make certain needs are met.

3. Vendors and Suppliers:

Restore Fx will ensure fairness in interactions with vendors and suppliers with our interest and needs determining what products and services our purchased.  Our decisions are based on factors such as quality, service, costs, and reliability.

4. Community:

Beyond the day to day quality services that the community expects, Restore Fx will assist in the communities civic and charitable activities as appropriate.

5. Marketing

All employees of Restore Fx will follow the American Marketing Association guidelines to ensure ethical marketing when representing Restore Fx. Marketing personnel must also abide by the Restore Fx Ethics Policy and where one policy is in conflict with another the Restore Fx Ethics Policy shall prevail. Copies of the American Marketing Association Ethics Policy document are available from the Administrator or on the server under Human Resources in the Ethics for Marketing folder.

6. Equal Opportunity:

At Restore Fx, our policies, practices, and procedures are developed to ensure that we are treated fairly and with respect, and that we treat others with the same respect.  Restore Fx does not discriminate on the basis of race, color, religion, sex, sexual orientation, age, origin, disability or veteran status. We value the unique contribution that each person brings to the workforce and consider our different perspectives an important part of our ability to serve our patients.  By listening to each other’s ideas and views, we are more able to make use of individual contributions and more able to understand fully the experiences of our patients.  Subsequently, we are more able to understand the way they see things and can then anticipate their needs and respond to them more effectively.  The richness of talents is reflected in all parts of the organization, including employment practices, marketing strategies and service to patients.

7. Health and Safety:

Restore Fx is responsible for maintaining a safe and healthy work environment.  Chances of patients, staff or visitors being injured is minimized by following that law, site regulations and common-sense practices.

Hazardous situations are immediately reported to the appropriate party and all staff is familiar with emergency procedures, important telephone numbers and office locations.  In addition, staff has the advantage of company sponsored in-services and training concerning hazardous situations, substances, and protective measures.

Restore Fx does not tolerate any abusive language, physical violence, or threat of physical violence.  Firearms and other weapons are strictly forbidden and are not allowed on company property, parking lots, or vehicles.

8. Environment:

Restore Fx works to devote resources and energy to maintaining environmental compliance and concerns – making sure hazardous waste, material, etc. are disposed of safely and according to law.  Staff will report environmental accidents or suspected violations of environmental laws and regulations to the proper Restore Fx staff member or environmental protection division as appropriate.

Harassment Free Workplace:  Harassment may take many forms, from overt advances to demeaning comments, jokes, language, and gestures.  Even if it is not intended in a harassing manner, such behavior may be perceived as harassment and it is important to be sensitive to how others could see such behavior.

Whenever words, behaviors, or actions of the staff create an intimidating, hostile, or offensive environment, it may be considered harassment.  Although it may not be directly involve a direct threat, it can be destructive to a positive working environment.

In the event an unwanted sexual advance is made and reported, your job, evaluation, pay or work assignments are not threatened because a sexual advance was rejected.

9. Conflict of Interest:

Restore Fx and its staff strive to avoid any situation that holds potential to act in a manner that is not in the best interest of the organization.  Selection of vendor or suppliers, as well as purchasing decisions must always be made on the basis of evaluating and comparing price, quality, performance and suitability.  Decisions are not influenced by any other factor, such as personal relationships, gifts, hospitality or anything else of direct or indirect value.

Generally, it is usual to accept unsolicited gifts from suppliers as long as it is customary for our job or position, although it never appropriate to request a gift.  It is never allowable to accept cash or cash equivalent including checks, money orders, or vouchers.  It is especially important to avoid even the appearance of conflict of interests.  As a general rule, it is a good idea not to accept anything beyond an occasional meal or gift of a nominal value.

Patients:

When seeking business from our customers, Restore Fx will provide quality services at fair prices.  Any business that is won by providing unusual gifts for hospitality is inappropriate.  It is appropriate however, to sponsor events or activities for patients or potential customers that enable the building of relationships.  When planning such events, awareness and sensitivity to our customer’s practices and standards regarding conflict of interest is addressed.

Personal Gains:

Restore Fx staff is also careful to avoid outside conflicts of interest situations outside of our work.  If is inappropriate for staff or their family members to receive improper benefits as a result of his or her position in the company.  In addition, Restore Fx information and resources are not to be used for personal gain, whether financial, or otherwise.  Contacts or positions with the company should never be used to advance personal, private business or financial interest, whether or not is at the company’s expense. This includes using contacts made through work (such as relationships with co-workers) for personal fund raising. Exceptions may be made at the discretion of the Administrator if a particular fund raising activity is associated with the corporate citizenship of Restore Fx.

Fair Competition:

Antitrust laws are those laws and regulations that are meant to ensure that the marketplace remains competitive. Compliance with these laws are important to Restore Fx and all employees have a responsibility to comply.

Customers who are also competitors are treated fairly and not disadvantaged.  We will not discriminate between the level of service provided and the service provided to competition.

Be truthful and accurate when describing the quality, features, or availability of services to our patients.  Be similarly careful in describing a competitor’s products or services.  It is never appropriate to criticize a competitor to a patient or interfere with any contact between a patient and a competitor.

10. Patient Information:

As a result of our interaction with patients, Restore Fx staff knows a lot about them and their situation and the trust they place in us is highly valuable. Any inappropriate use of confidential patient information weakens that level of trust and our relationship with them.  It is a serious violation of our company standards, as well as the law, to use any information for anything other than Restore Fx business.

11. Privacy of Communications

Privacy of communications is basic to our business, both legally and because our patients trust our integrity. They have a right to expect us to abide by these standards and not to otherwise listen to their conversations or monitor their movements. Maintaining this trust is a fundamental part of the way we do business and should guide the decisions we make about the information we have access to.  Any request from anyone, including a law enforcement or governmental agency, that involves privacy of communications should be referred immediately to the Administrator and the Managing Owners.

12. Intellectual Property

Restore Fx’s creativity and innovative ideas make significant contributions to its continued success in the marketplace.  All personnel are encouraged to us their skills and knowledge to develop new and improved services and to discover improved ways to work. The company’s accomplishment depends on protecting our intellectual property.  Therefore, it is important to not leave proprietary information lying visibly on our desks or in other places where it could be easily found by unauthorized individuals. We shouldn’t discuss confidential information in public places, where it could be overheard. We also need to follow required procedures for safeguarding and disposing of proprietary information, rather than throwing it away in an ordinary garbage can. Such documents should be placed in a locked shredding bin to be disposed of by the company’s shredding service.

Participation in Trade Associations and Other Meetings with Competitors

No employee shall attend or remain present:

(1) at any surreptitious meeting of competitors;

(2) at any meeting where there is a discussion by competitors of any subject which a Restore Fx employee is precluded from discussing by the paragraph above on Discussions and Exchange of Information with Competitors; or

(3) at any informal meeting of competitor members of a trade association held for  the purpose of discussing business matters without observing the formal procedural requirements established by such trade association for its business meetings.

13. Waste Fraud, Theft, Abuse Other Wrong Doing

In order to safeguard the ethical, organizational and financial well-being and reputation of Restore Fx the organization has a duty to conduct its affairs in a professional, ethical, responsible and transparent way and to follow applicable laws, regulations, contract requirements and standards. We operate in good faith and take all reasonable steps to prevent, detect, investigate and address any fraud, waste, theft, abuse or other wrongdoing.

In order to ensure the above Restore Fx employees, owners, volunteers and contractors will abide by the following:

  1. Personnel work together to create an organizational culture and environment that is risk-averse and discourages and prevents such actions:
  • Personnel are responsible for knowing the signs of potential fraud, waste, theft, abuse or other wrongdoing. These include prime documents being lost and replaced by photocopies; unexplained sudden change in lifestyles; new personnel resigning quickly; and suppliers/contractors/customers insisting on dealing with a particular staff person.
  • The Administrator is responsible for managing risks through the Risk Management Plan.
  • The Administrator implements, documents, tests, operates and monitors internal controls.
  • The Administrator ensures adequate training in agency policies.
  1. The Administrator is responsible for the following steps to detect waste, fraud, theft,      abuse  or other wrongdoing:
  • Follow audit procedures.
  • Ensure routine checks and monitoring of compliance with policy.
  • Follow-up on any irregularities as soon as identified.

3. Any personnel who witnesses or suspects fraud, waste, theft, abuse or other wrong doing promptly reports and provides related information to the Administrator. If an individual is uncomfortable with reporting to the Administrator, s/he reports to the Program Director. The Program Director forwards any such report immediately to the Administrator and/or the Managing Owners.

4. The Administrator and/or Managing Owners respond in accordance with the “Process for Reporting” section outlined earlier in this policy.

14. Witnessing Documents

Staff members are prohibited from witnessing legal documents.  Participants requiring such services will be referred to the appropriate legal services.

14. Setting Appropriate Boundaries

Boundary violations and boundary crossings in patient care refer to any deviation from traditional, strict, ‘only in the office,’ emotionally distant forms of treatment. They mostly refer to issues of self disclosure, length and place of treatment sessions, physical touch, activities outside the treatment facility, gift exchange, social and other non-therapeutic contact and various forms of dual relationships.

Boundary violations in patient care are harmful to patients and include but are not limited to sexual contact with patients or exploitative business arrangements with patients. Restore Fx prohibits the exchange of money or gratuities with patients and also prohibits the exchange of gifts with significant monetary value (more than $20).   Restore Fx WILL NOT tolerate boundary violations of any kind. Boundary violations must be reported if they are witnessed or suspected and are grounds for immediate termination. Boundary violations will also necessitate contacting any professional board or licensing agency if the offending party is a licensed professional

Boundary crossings are different from boundary violations and are not necessarily harmful and can prove to be extremely helpful in the treatment of patients. Boundary crossings may allow for flexibility in the rendering of treatment, provide a sense of genuineness and humanity in patient care and increase trust if appropriate boundaries are maintained. Examples of boundary crossings that may be therapeutic are driving in a car with a patient who has fear of driving due to an accident; going for a vigorous walk with a depressed patient; accompanying a patient to a medical visit that they have severe apprehension about; giving a non-sexual hug to a patient who has requested such; sending cards; exchanging appropriate (not too expensive) gifts; lending a book; attending a wedding or funeral; or going to see a patient performing in a show. Boundary crossings are not unethical. Ethics code of all major psychotherapy professional associations (e.g., APA, ApA, NASW, ACA, NBCC) do not prohibit boundary crossings, only boundary violations.

15. Business Controls.

Restore Fx develops processes that enhance the overall quality of financial reporting and operational effectiveness of the organization.   Good business controls are in place in order to maintain confidence in the integrity of our financial reports, to establish a foundation for the achievement of business objectives and help ensure compliance with laws, regulations and company policies. These practices are designed to prevent, detect and/or correct process problems and continued effectiveness of the controls is a responsibility of the management team.

Management continually reviews existing policies and procedures to enhance our ability to provide patients with the services that they require and business controls are a key element of those processes.  Director and level managers are charged with the design of the internal control processes developed to meet those objectives

Company Funds / Property:

Restore Fx Administrator, Program and Medical Directors, Managing Owners and staff are responsible for safeguarding corporate assets and resources to which they are entrusted. Such resources should not be used for personal benefit or disposed of without appropriate approval.

Company cash, checks, money orders, and credit cards should never be used for personal use. Vouchers, time sheets, invoices, and benefits claims are used to obtain company funds and property. Inaccurate or incomplete documents can result in an improper, and potentially fraudulent, acquisition of company assets.

Reports and Periodic Reviews

Any employee who is requested to engage in any activity which is or may be contrary to this Policy will promptly report such information to the Administrator, or, if the employee was so directed by the Administrator, then to assigned Company legal counsel.

Any employee who acquires information that gives the employee reason to believe that any other employee is engaged in conduct forbidden by the Policy will promptly report such information to the Administrator, if the Administrator is engaged in such conduct, then to the assigned Company legal counsel.

DEFINITIONS:

Fraud is a dishonest and deliberate course of action that results in the obtaining of money, property or an advantage to which the recipient would not normally be entitled. Examples include not completing a shift, or working fewer hours that you are paid for.

Theft is the wrongful taking of someone else’s property without that person’s consent.

It encompasses offences such as robbery, theft by deception, and sometimes criminal exchange. Theft also includes the theft of time, whereby staff are on shift to accomplish the goals of Restore Fx, but they are using Restore Fx time for personal activities without the direct consent of the Administrator.

Waste is the expenditure or allocation of resources significantly in excess of need.

Abuse, as used in this policy, is a kind of waste that entails the exploitation of “loopholes” to the limits of the law, primarily for personal advantage.

Wrongdoing is an illegal or immoral act. Examples include the above, as well as lying, bullying, and intimidation.