Policy
When becoming a member in HFMA, an individual agrees to abide by the HFMA Code of Ethics, and cannot engage in activities that are detrimental to the Objectives of the Association. According to the HFMA Bylaws, final determination of violations of the Code of Ethics or actions that are detrimental to HFMA's objectives (Violations) rests with the National HFMA Board of Directors. The board will endeavor to execute fairly this responsibility with the procedure defined below:
Procedure
1. The Board of Directors will designate the National Secretary as the board member responsible to oversee this policy and procedure. The Secretary and President will maintain ongoing communications regarding new or pending potential violations.
2. Members of the Association will be notified of this policy and procedure at least annually as defined by the board. The notification will include the name and address of the HFMA Secretary as the contact point for issues involving potential Violations.
3. The President, in conjunction with the Secretary, will maintain a system to monitor routinely major hospital and certain other healthcare trade periodicals for issues involving members of HFMA that may constitute Violations. Issues identified through this system will be shared with the Secretary and the Chair¬man. If, in the opinion of the secretary or the Chairman, the issues constitute a potential Violation, the President will become the Charging Party for purposes of this procedure. (If the President is the member in question, the Chairman will appoint another member of the board to serve as the Charging Party.)
4. The President also will monitor correspondence received by the Association for potential Violations. Information concerning potential Violations will be forwarded to the Secretary, and the Chairman. Written correspondence must be signed by the individual making the charges (who will be considered the Charging Party) with appropriate documentation. Anonymous complaints submitted without documentation will not be pursued. Oral complaints must be put into writing with appropriate documentation provided by the Charging Party. Documentation can include, but is not limited to, signed affidavits, court documents, other legal documents or credible newspaper or other periodical accounts that describe the issues in question.
5. Issues identified in either step 3 or 4 will be reviewed with the Secretary and Chairman, and either may determine if and when the issue should be added to the agenda of the Executive Committee. The Executive Committee is defined by the Bylaws as being responsible for the determination of whether an individual should be charged with a Violation (Charged) for an action or actions that occurred while that individual was a member of HFMA. However, only the board can take action to deny membership, or to suspend or expel a member. Issues occurring while an individual was not a member, but involving a potential violation of HFMA’s Code of Ethics, or an action detrimental to HFMA’s Objectives may also constitute grounds for non-reinstatement or denial of membership.
6. The Executive Committee will review the facts concerning the issues brought to the committee. If a member of the Executive Committee is Charged or is a Charging Party, that member may not participate in the committee's deliberations on the issue, or vote. If a simple majority of the committee members eligible to vote who are present for the meeting, determine that there was a Violation, the committee will find that member Charged (Charged Member) and direct the President to so inform the Charged Member and provide the Charged Member an opportunity to resign from the Association. If the Charged Member does not resign, does not respond, or requests a hearing before the board, the issue will be added to the agenda of the next regular or special board meeting provided that at least 30 days notice is provided to the Charged Member prior to the board meeting (Article I, Section 5 of the HFMA Bylaws)
7. Board Hearing Procedure:
a. Presiding Officer - The Chairman or the Chairman's designee shall be the Presiding Officer and shall determine the order of procedure during the Hearing, make all required rulings, and maintain decorum. If the Chairman is the Charged Member or the Charging Party, the Chairman-elect shall be designated as the presiding officer. Only one Charging Party and one Charged Member is allowed at one time for a hearing before the board.
b. Representation - During the hearing, neither the Charged Member, nor the Charging Party shall be repre¬sented by legal counsel or other individu¬als.
c. Rights of Parties - During the hearing, the Charged Member and the Charging Party each shall have the right to:
i. call and examine witnesses
ii. introduce Exhibits
iii. cross-examine any witness on any matter relevant to the issues
iv. challenge any witness
v. otherwise rebut any evidence
d. Procedure and Evidence - The hearing need not be conducted strictly according to the rules of law relating to the examination of witnesses or presentation of evidence. Any relevant material upon which responsible persons customari¬ly rely in the conduct of business activities shall be admitted, regardless of the admissibility of such evidence in a court of law.
e. Written Statements - The Charged Member and Charging Party each may submit a written statement relating to the issues for which the member was Charged. This written statement shall be submitted to the Presiding Officer, at least, fourteen (14) days prior to the scheduled date of the hearing.
f. Record of the Hearing - A record of the hearing by the board shall be kept. The Presiding Officer may select the method to be used for making the record, including but not limited to, a court reporter, electronic record¬ing device, or detailed minutes of the proceedings.
g. Oral Statements - Both the Charged Member and the Charging Party may appear personally and make oral statements, and submit evidence in favor of their positions. The Presiding Officer may set reasonable time limits on the length of any oral statements. Members of the board may direct questions to the Charged Member and the Charging Party during these oral arguments.
h. Quorum - At least two-thirds (2/3) of the current board (12 of 17 members) must be present in person to declare a quorum for the hearing and to take action against the Charged Member. If the chairman, president or any board member is the Charged Member, or Charging Party, their presence is counted in the quorum count.
i. Recesses and Deliberations - The board may recess and reconvene the hearing without additional notice to the Charged Member or Charging Party. Upon the conclusion of oral statements, if any, the hearing will be concluded and the remainder of the meeting will be closed to the charged member, and charging party. If the charging party is the president or a board member designated by the chairman, or presiding officer to serve as the charging party, that individual will be allowed to remain for the deliberations but will not be allowed to vote. The charged member may not remain for the discussion even if the charged member is a board member.
j. Vote and Final Decision - A two-thirds majority of the current board (12 of 17 members) is required to find a Charged Member guilty of a violation or violations of the Code of Ethics or of actions that are detrimental to the objectives of HFMA or both. If the Charging Party or Charged Member is a board member, that individual may not vote. The action of the board is final with no rights of appeal or reversal.
According to the HFMA bylaws, the board may admonish, suspend, or expel the member.
- Admonishment means to warn; to indicate duties or obligations to be met; to express warning or disapproval of actions.
- Suspend means to temporarily remove for a set period of time. Requirements for reinstatement may be defined as part of this action.
- Expel means to remove; to take away permanently rights and privileges. No option for reinstatement is provided.
8. If the board determines that a Violation occurred, and the disciplinary action taken by the board was to suspend or expel the Charged Member, that member's chapter president will be notified in writing, and the issues of the case and the decision will then be published in HFM as soon as possible in a form approved by the Presiding Officer.
Adopted: Board of Directors - November 5, 1992