Ethics

Running head: ETHICS PROGRAM AND MONITORING SYSTEM Ethics Program and Monitoring System Does it make good business sense to operate in an ethical manner' Most of us would answer that question with a good strong “yes”. However, many people believe that it is ok to bend the rules sometimes to achieve success or to gain control in business. Ethical problems mostly arise due to the fact that what may seem right, and is right, to one person essentially seems wrong to another. Therefore, what one considers right or wrong may be different to the next person. In business ethics, the objective must be to implement a form of behavior that is uniform all the while instilling end user confidence in the corporation taken as a whole. A code of ethics usually proposes detailed principles and conduct rules are included in a code of ethics policy. The main purpose of an ethical code is to offer direction on anticipated behavior in addition to reasoning for that behavior. An ethical code also offers a way of measurement for an organization to assess and supervise the performance of employees in relation to the objectives and values developed by the organization. There are basic elements that must be included in all ethics and compliance policies. The elements include compliance, unethical behavior definition, statement of integrity, gifts and entertainment (bribery), unethical behavior reporting and confidentiality. To further explain those elements: • Compliance with the law- This part of the policy must comply with not only local law, but also industry law. It is important for organizations to defy the norm and go above the suggested minimum standards. An organization can use existing laws and enhance them to take their ethics and compliance program above and beyond the norm. • Definition of unethical behavior- Forms of unethical behavior must be defined such as - harassment, discrimination, theft, fraud, retaliation, etc. These terms must be defined in easy to understand words with relative examples along with the consequences of policy violation. At this point, if a zero tolerance attitude is chosen it must be made clear. • Integrity statement- Honesty must be promoted by every business. This section of the policy could include the organizational mission, vision and goals in regards to employee conduct. • Anti-Bribery, gifts and entertainment- Many customers like to give gifts to business and its employees, however, to evade any association with bribery, it is important to inform employees what stance the company takes on the matter of gifts and entertainment. Many companies set a value limit, meaning that it is ok to accept a gift with a value not exceeding the set limit. However, this may create some grey area therefore it may be best to make it clear that no gifts are to be accepted regardless to value. • Reporting unethical behavior- It is common for the employees to uncover the unethical practices within an organization prior to the discovery by upper level management or executives. The ethics and compliance policy must address how to report this behavior. Within the policy, include a hotline number to call and/or a website to visit and complete a report form. Clear instructions on the process of reporting must also be included. This information is usually included at the beginning of a policy and is often repeated somewhere near the end. • Confidentiality- Confidentiality is not always guaranteed. This fact can depend on the severity of the breach, such as a detection of a criminal act. However, it is of upmost importance that a statement be included within the policy that ensures that confidentiality will be upheld to the best of the ability of the organization for those filing the complaints or those involved in the investigations. In this assignment, this writer is to develop an ethics and compliance policy for a fictitious organization, which will be referred to as Gibbons Medical Center. The type of organization that this writer has chosen to use is an acute care hospital. The general compliance policy that she would design is described below. The Compliance Program Standards would summarize various federal and state laws applicable to the Organization’s business practices and state the Organization’s policy with respect to compliance with these laws. These Compliance Program Standards apply to all organizational employees, volunteers and medical staff members. The organization will provide for the education of its employees, volunteers and medical staff members regarding its Compliance Program and Compliance Program Standards. These individuals will be expected to be familiar with the general policies of the organization and to promptly report actual or potential wrongdoing, including an actual or potential violation of these compliance standards, any organization policy, procedure, regulation or federal or state law to an organizational manager/director, administration, medical staff services or the Compliance/Bioethics Committee. If a question evolves as to whether any action conforms to organizational policies or applicable law, an employee, volunteer or medical staff member will present that question to an organizational manager/director, Administration, Medical Staff Services or directly to the Organization's Compliance/Bioethics Committee (SMTC Manufacturing Corporation [SMTC], 2005). Those individuals should consult the Compliance Program Standards, compliance policies and procedures, or the Director of Compliance, if necessary, to respond to the query. Violation of these Compliance Program Standards, applicable law, or organizational policies and procedures, or conflict with applicable ethical standards, may subject an individual to disciplinary action (SMTC, 2005). This disciplinary action includes, but is not limited to, verbal or written warnings, disciplinary probation, suspension, reduction in salary, demotion, dismissal from employment, or contract termination (Wise Regional Healthcare System [WRHS], 2007). Civil suit, criminal charges, and reporting of an individual to applicable licensing boards may also occur. Disciplinary action may also be warranted for “an employee's manager/director who directs or approves the employee's improper actions, or is aware of those actions but does not act appropriately to correct them, or who otherwise fails to exercise appropriate supervision” (BTU International [BTU], 2007, ¶ 2). In regards to gifts and entertainment, the organization recognizes that giving and receiving gifts and entertainment of modest value are a common business practice. The organization wishes to be clear on its position on both the giving and receiving of such gifts. Tips and gratuities from our patients, clients, residents and other customers are expressly prohibited in all cases. However, we understand that people and organizations provide entertainment and gifts in an effort to benefit their businesses through the development of good relationships and communication. They also provide entertainment, meals, and gifts as an expression of appreciation at a holiday or other time of the year. There is nothing inherently wrong or inappropriate in an employee accepting gifts or participating in entertainment or meals provided by outside individuals or organizations as long the value of a gift, meal or entertainment is “modest.” All gifts received and offers of meals and/or entertainment that are accepted must be disclosed in writing by employees to a manager/director/supervisor on forms provided for this purpose. All managers/directors/supervisors will convey this disclosure information quarterly to the Compliance/Bioethics Committee. To address reporting and confidentiality, the organization is committed to providing a work environment free from any form of harassment as well as a policy of non-discrimination and equal opportunity for all qualified applicants, employees, agency and contract staff without regard to race, color gender, religion, age national origin, ancestry, genetic information, disability, veteran status, or sexual orientation (WRHS, 2007). This policy of non-discrimination extends to the care of patients and other clients. “If an individual feels he or she or any patient or client has been discriminated against or harassed on the basis” of race, color, gender or other protected category, as well as any other unethical behavior, he or she should immediately contact the appropriate supervisor/department director, Administration, Medical staff Services, and/or the “Human Resources Department so that an investigation may be started in accordance with organizations policies and procedures” (WRHS, p. 36). If, at any time, any employee, volunteer or medical staff member becomes aware of any apparent violation of these organization standards, he or she must report it to the appropriate manager/director, the Compliance Officer, or directly to the Compliance Committee. If an employee, volunteer or medical staff member does not report conduct violating the organizations policies, the individual may be subject to disciplinary action. All persons making such reports are assured that such reports are treated as confidential; and, to the extent permitted by law such reports will be shared only on a need-to-know basis. Employees who report concerns in good faith will not be subjected to retaliation, retribution or harassment, irrespective of whether or not the report is proven to be substantiated (WRHS, 2007). No employee, volunteer or medical staff member is permitted to engage in retaliation, retribution or any form of harassment against another person for reporting a compliance concern. Anyone who is involved in any act of retaliation or retribution against a person that has reported suspected misconduct in good faith will be subject to disciplinary action. This in no way implies protection from disciplinary action related to poor performance of job duties. The Gibbons Medical Center policy regarding the formation and actions of the Compliance/Bioethics committee for this fictitious organization will include the following: • Purpose-The purpose of the committee is to evaluate reports and to provide guidance to the clinical and administrative staffs and patients of Gibbons Medical Center on matters relating to moral and ethical decisions presented while rendering care and treatment; to foster an awareness of ethical issues in the health care environment; and to promote higher ethical principles in the health care milieu. • Meetings-The committee will meet regularly and as deemed necessary by the chair. • Membership -Composition will consist of representatives of the following components: medical, nursing/patient care, and administrative/community representatives. Areas of expertise may include but will not be limited to: Clergy, Pulmonary Medicine, Neurology, Oncology, Critical Care/Emergency Medicine, Cardiology, Family Practice, Pediatrics, Surgery, Nursing, Social Services, legal representation. Resource individuals/consultants may be requested to participate if need be. • An attempt will be made to have the composition of the committee equally divided between medical, nursing/patient care and administrative/community representatives. • Education-will be provided for all members in regards to addressing ethical concerns and how to escalate difficult matters. • Policy and Guideline Development-This committee will serve as an advisory body for administrative, medical, patient care, and nursing staffs and to aid in the formulation of policies and/or guidelines concerned with ethical issues in medical care. • Any member of the medical, patient care, nursing or administrative staffs, patients, or patient families/surrogates may request consultation by the committee. • Record Maintenance-Minutes of the committee in which case discussion is documented are confidential and are will be protected are not to be published. • Documentation shall be in accordance with Bioethics Committee Guidelines. These guidelines of the Bioethics Committee will be reviewed every three years and are subject to approval of the executive committees of the medical staffs. • Consultation Procedure-to contact this committee please call 800-555-5555 please leave detailed message and a call back number if so desired (this way additional needed information can be obtained to evaluate any and all claims). An ethics form can also be completed by going the organizations home page and locating the ethics/compliance form found under the forms tab. When developing a code of ethics, it is important to involve all employees at all levels within the organization. Having involvement from all concerned parties is imperative when making ethical considerations and integrating them into the process of making decisions. By incorporating thoughts from all involved the organization will be better prepared to deal with ethical dilemmas that otherwise might seem impossible. A truly collaborative business ethics program will evaluate all ethical arguments and alternatives in a way that takes into consideration the rights and privileges of all stakeholders that are likely to be affected. Many organizations discuss ethical behavior, but until the organizations leaders take action and become role models by demonstrating the expected behavior and their commitment to the organizations values; the other employees will not demonstrate the expected behavior either. Business ethics is the bedrock of organizations and industries. When a weakness is found in this area, it is often suggestive of more problems elsewhere. The organizations leaders must understand and demonstrate that good ethics equals good business in order for the organization to remain solid. References BTU International (2007). Corporate Code of Conduct. Retrieved October 7, 2010, from http://media.corporate-ir.net/media_files/irol/10/104262/corpgov/code_conduct.pdf SMTC Manufacturing Corporation (2005). Corporate Code of Ethics and Conduct. Retrieved October 7, 2010, from http://www.smtc.com/PDF/Investor%20Relations/Corporate%20Governance/SMTC%20Code%20of%20Ethics%20and%20Conduct.pdf Wise Regional Healthcare System (2007). Legal Compliance Program Policy Manual. Retrieved October 6, 2010, from http://www.wiseregional.com/documents/ComplianceProgramManual.pdf