Sample gift policy for your agency

 

                                                ____________________________________ (HHA)

 

                                                                MARKETING and GIFT POLICY

 

 

PURPOSE

 

To establish parameters on gifts and other items of value that are provided or offered in conjunction with Marketing to persons or entities that have the ability to refer to ____________________(HHA).  This policy is enacted to establish compliant practices and affirm the Agency’s commitment to compliance with applicable laws and rules.

 

LEGAL BACKGROUND

 

The Medicare and Medicaid Anti-Kickback Act provides criminal penalties for anyone that “knowingly and willfully offers, pays, solicits, or receives remuneration” defined as anything of value “in cash or in kind in order to induce a referral of business reimbursable by a Federal or State health care program.  There may also be an imposition of civil monetary penalties and the likelihood of exclusion from federal and state health care programs.    The Agency, the referral source, and the employee who provides or gives the item of value may be held liable for such illegal conduct.

The Stark Self Referral Act (Stark II) and other federal and state laws can also be violated by marketing practices that provide financial incentives to referral sources.  

POLICY

 

No Agency employee may give an item of value to any person or company with the intent to induce a referral of clients/business.  _________  (“Agency”) permits providing gifts and other items of value in the following circumstances:

 

1.  Professional Education.  Agency employees may offer inexpensive meals, refreshments, and educational materials to professionals including physicians, Assisted Living managers, or other professionals in conjunction with educational programs designed to introduce clinical programs, new services, compliance training , or educate such professional on changes to  home health program or related programs.  All expenses for meals and costs of the educational program must be approved in advance. 

 

2.  Charitable Contributions or Services.  Agency employees may participate in organized charitable events that are sponsored by charitable organizations or entities including sponsorship, when approved in advance, of food or other supplies for fund-raising events such as Breast Cancer Research Walks, hospital foundation Golf Outings or similar events.  Agency employees may attend such events and the Agency may, at its sole discretion, pay the cost of employee attendance.

 

3.  Holiday Gifts or Other Gifts.    The Agency may, in its sole discretion, authorize the use of minimal value items by marketing staff as gifts to referral sources.  These items will be purchased by the Agency for advertising purposes.  Marketing staff will be provided such items.  In no case may a marketing employee use his or her own money to purchase gifts to referral sources.  In addition, in NO event, may a referral source be provided a monetary gift or gift card.  The Agency may establish limits on gifts to individuals and in the aggregate.
 

4.  Public Health Clinics or Education Programs .  The Agency may, in its sole discretion, participate in Senior Health Fairs or other public service and educational programs.  Participation in these events, which may include blood pressure and other health services, is subject to management approval. 

 

5.  Clinics or Education Programs to Assisted Living or Senior Living Facilities.  The Agency may, in its sole discretion, permit health clinic services or education programs to be offered at facilities such as Assisted Living or Senior Living facilities subject to an Agreement with the facility which includes a fair market value for all such services.

 

6.  Free or Discounted Services to Referral Sources   It is illegal to provide free or discounted services to referral sources and therefore the Agency will not permit nor authorize the provision of such services.

 

7.  Gifts/Services to Clients.  Pursuant to the OIG Advisory on Gifts to patients, the Agency will permit non-monetary gifts to be given patients as long as each gift complies with the proscribed guidelines, not more than $10 each gift and no more than $50 in gifts to each patient in any 1 year.

 

Agency marketing staff shall report in a sales report any gift, education program with or without lunch, clinic or other item of value provided to a potential referral source or patient.  The report must include the name of the referral source/patient, what was provided and include all expenses.  The sales report must be submitted within 7 days of the event.  Failure to provide documentation / the sales report will result in disciplinary action.

 

ACKNOWLEDGEMENT

 

                I have read and understand ______________________ (HHA) Marketing and Gift Policy and agree to comply with this policy.  I understand that a violation of this policy may lead to disciplinary action up to and including termination. 

 

                                                                                                ______________________________

                                                                                                Employee Signature

 

                                                                                                _____________________________

                                                                                                Date