|Code Of Ethnics|
GREATER HARLEM NURSING HOME & REHABILITATION CENTER INC.
30 West 138th Street
New York, New York 10037
Phone:(212) 690-7400 ext. 235
Fax: (212) 926-1799 or (212) 690-8763
POLICY AND PROCEDURE
SUBJ: CODE OF ETHICS DATE: July 26, 2009
This policy will outline standard of conduct governing relationship between private interests and the proper discharge of official duties of employees of Greater Harlem Nursing Home & Rehabilitation Center. This standard shall be known as the Code of Ethics for employees of Greater Harlem Nursing Home & Rehabilitation Center.
This policy applies to all employees of Greater Harlem Nursing Home & Rehabilitation Center.
All covered personnel are expected to comply with the Code of Ethics/Conflicts of Interest (Plain Language Version attached)/Nepotism..
A. The Administrator is responsible for ensuring compliance with the Code of Ethics
C. Every employee must abide by the Code.
D. The Administrator , Assistant Administrator and Director of Human Resources/Personnel will review matters arising under the Code and render decisions based on the advice of the facility’s legal counsel. These opinions/decisions may be with respect to questions of ethical conduct, conflicts of interest, or action that an employee contemplates taking.
E. Based on the written advisory opinion of the facility’s legal counsel
disciplinary or other action, may be taken as appropriate.
A. Nursing Home Contracts
On the recommendation of legal counsel, any contract willfully entered into by or with the Nursing Home in which there is an interest prohibited by this Code shall be voidable at the option of the Administrator.
B. Disciplinary Action
Where a provision of this Code is clearly shown to have been violated by a covered person, the facility’s legal counsel shall so indicate in its report or advisory opinion.
Depending on evidence of knowledge or willful intent by the covered individual, legal counsel shall give appropriate advice or recommendation of disciplinary action.
Corrective action, based upon the circumstances of each case, shall be taken by the Administrator.
A. No provision under this Code shall be construed to prevent the
referral of any matter for professional sanction, criminal or civil action.
B. The provisions of this Code are intended as guidelines of standards of conduct for persons subject to this Code, and in so far as the provisions of this code are inconsistent with any law (general, special or local) or applicable rules or regulations, the provisions of any such law, rule or regulation shall be controlling.
IMPLEMENTATION AND EFFECTIVE DATE:
A. This Code of Ethics shall take effect on September 3, 2001
It is not limited to Department Heads, Managers and Supervisors.
Copies of the Plain Version of the Code shall be distributed to all employees and shall be included in each new employees’ orientation.
Conflicts of Interest rules—Plain Language Version
Definitions:Persons Subject to this Code include all employees
1. Misuse of Office.
As an employee of Greater Harlem Nursing Home, you may not take an action, or fail to take an action, if doing so might financially benefit you, a family member, or anyone with whom you have a business of financial relationship.
2. Misuse of the Facility’s Resources
You may not use the facility’s letterhead, personnel, telephone system, fax machines, computer, equipment, supplies or resources for a purpose that is not related to the operation of the facility; nor may you pursue personal or private activities during times when you are required to work for the facility.
3. Gifts and Gratuities
You may not accept anything from anyone other than Greater Harlem Nursing Home for doing your job for the company.
You should not accept anything of value from residents, residents families or significant other.
4. Seeking Other Jobs.
Managers and Department heads may not seek or obtain a job with anyone you are dealing with in your job at Greater Harlem Nursing Home.
5. Owning Business.
You may not own any part of a business or firm that you know or should know does business with the Nursing Home, or benefits from the nursing home, nor may your spouse, nor your domestic partner, nor any of your children, if they are under 18.
6. Confidential Information.
You may not disclose confidential Nursing Home information nor use it for any non-nursing home purpose, even after you leave employment at the nursing home.
You may not accept anything from anyone other than the Nursing Home for communicating with any agency or for appearing anywhere on a matter involving the Nursing Home.
8. Buying Office or Promotion.
You may not give or promise to give anything to anyone for receiving a promotion or raise.
11. Business with Subordinates.
You may not enter into any business or financial dealings with a subordinate or superior.
12. Political Solicitation of Subordinates.
You may not directly or indirectly ask a subordinate to make a political contribution or to do any political activity.
13. Coercive Political Activity
You may not force or try to force anyone to do any political activity.
14. Coercive Political Solicitation
You may not directly or indirectly threaten anyone or promise anything to anyone in order to obtain a political contribution.
15. Inducement of Others
You may not cause, try to cause, or help another employee of Greater Harlem Nursing Home to do anything that would violate this Code of Ethics.
16. Disclosure and Recusal
As soon as you face a possible conflict of interest under this Code of Ethics, you must disclose the conflict to the Administrator and recuse yourself from dealing with the matter.
17. Volunteer Activities.
You may be an officer or director of a not-for-profit business dealing with the Nursing Home if you do this work on your own time, you are unpaid, the not-for-profit has no dealings with the nursing home.
CONFLICTS OF INTEREST
1. No employee who is subject to this Code shall have an interest in any contract with Greater Harlem Nursing Home& Rehabilitation Center when such person has the power or duty to:
· Negotiate, prepare, authorize, approve, or review performance under the contract or authorize or approve payment there under;
· Audit bills or claims under the contract; or
· Appoint another person subject to the Code, who has any of the powers or duties set forth above; and
B. Certain Acts Prohibited:
1. No person subject to this Code shall:
· Directly, or indirectly solicit any gift, or accept or receive any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing, or promise, or in any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her, or could reasonably be expected to influence him or her in the performance of official duties, or was intended as a reward for any official action, on his or her part;
· Disclose confidential information acquired in the course of his/her official duties or use such information to further his/her personal interests;
· Receive or enter into any agreement, expressed or implied, for compensation for services to be rendered in relation to any matter before the nursing home;
· Receive or enter into any agreement, expressed or implied, for compensation for services to be rendered in relation to any matter before the nursing home whereby his/her compensation is to be dependent or contingent upon any action by the nursing home with respect to such matter.
1. Chief fiscal officer means chief financial officer, controller, or other officer possessing similar powers and duties
2. Contract means any claim, account or demand against or agreement with the Nursing Home, expressed or implied.
3. Interest means a direct or indirect pecuniary or material benefit accruing to persons subject to this Code as a result of a contract with the Nursing Home.
(For the purpose of this section, a person subject to this Code shall be deemed to have an interest in the contract of (a) his spouse, minor children and dependents, except a contract of employment with the nursing home which such person serves; (b) a firm, partnership or association of which such person is a member of employee, (c) a corporation of which such person is an officer, director, or employee, (d) a corporation, any stock of which is owned or controlled directly or indirectly by such person.)
A. For the purpose of this Code:
1. whenever there are two or more relatives working at Greater Harlem Nursing Home, no more than one of them shall be assigned to work in the same department, even if no supervisory relationship exists;
2. no individual employed by Greater Harlem Nursing Home shall be involved in the hiring or employment of a near relative;
3. no individual employed at Greater Harlem Nursing Home shall supervise a near relative;
4. no Administrator, Department Head, or their deputies shall supervise a near relative, directly or indirectly;
6. the President of the Board of Directors (or designee) may waive this policy where s/he believes that such a waiver will serve the best interest of the facility;
B. Effective the date of the issuance of this Code, no assignments to any location in violation of this policy shall be made.
1. Near relatives is defined, for purposes of this Code, as spouse; natural, foster, or stepparent; child; brother or sister; father-in-law; aunt; uncle; nephew; niece; grandparent; or grandchild.
2. Hire or employ is defined, for purposes of this Code, as any substantial participation in the hiring, selection, promotion, or termination process, including requesting or approving employment or compensation, or the selection process involving evaluation of the credentials or experience of another individual
3. Supervise is defined, for the purpose of this Code, as giving, furnishing, or directing work assignments, ratings, approval of ratings, evaluation of performance, recommending completion of probationary service or making decisions regarding working conditions, benefits or privileges of another individual.
IMPROPER USE OF THE FACILITY’S
FUNDS AND ASSETS
A. The funds and assets of the facility shall not directly or indirectly be used for illegal or improper payments of any kind.
The term political contribution is used in its broadest sense and includes but is not limited to local, state, or national fund-raising dinners, banquets, raffles, or any funds or gifts (including the free use or discounted use of property or services) that could be routed directly or indirectly to a political candidate, party, committee, or organization. This section is not intended to limit or otherwise restrict lawful personal political activity of persons subject to this Code or political contributions through authorized payroll deductions.