Compliance

This Code of Conduct applies to all MedTrust employees, including Field Employees, Corporate Employees, Managers, Sr. Management, and the company CEO. No one has the authority to instruct or authorize anyone to violate any law or engage in unethical conduct. This Code of Conduct may also apply to independent third parties hired by or working with MedTrust.

This Code of Conduct represents a commitment by MedTrust to do business with integrity. By working for MedTrust, you are agreeing to uphold this commitment. Understanding this Code of Conduct and the company policies that apply to you is an essential function of your job. Employees who fail to follow these standards put themselves, their co-workers, and MedTrust at risk. Such employees are also subject to disciplinary action up to and including termination of employment.

Supervisors and managers have an affirmative duty under this Code of Conduct to:

• Set an example – showing what it means to act with integrity.
• Ensure that their employees have the knowledge and resources they need to follow the Code of Conduct’s standards.
• Consult with MedTrust ethics and compliance advisers to obtain clarity or support on ethics and compliance issues.
• Monitor compliance of the people they supervise.
• Enforce the standards of the Code of Conduct and all other related company standards.
• Support employees who in good faith raise questions or concerns about compliance and integrity.
• Never retaliate or permit retaliation.
• Report instances of noncompliance to the proper management level

MedTrust has a no tolerance policy on retaliation of ANY kind committed by ANY employee. This includes taking any action with the intent to retaliate. This policy protects any employee who makes a report in good faith of a potential violation of the Code of Conduct. It also includes protection of employees participating in an investigation of any such reports. No employee making reports in good faith will be discriminated against in terms and conditions of employment as a result of having made a report. Retaliation or a threat of retaliation is a serious violation of this Code of Conduct that will result in appropriate disciplinary action, up to and including termination of employment of anyone who retaliated against an employee.

MedTrust has a strict whistle blower protection policy to safeguard employees who report potential wrongdoing. All claims reported in good faith will be covered under this policy. After an investigation is completed, the employee who reported the potential violation is still protected whether the report was correct or incorrect. Employees are encouraged to report wrong-doing when they see or hear of it and will not be penalized for helping to keep all members of our organization doing the right thing.

 For more information on and directions for reporting potential whistleblower act violations, please visit GPO.gov or Acquisition.gov.

MedTrust depends on the continued trust of our clients, subcontractors, and other stakeholders. Conflicts of interest, or the appearance of conflicts, jeopardize the trust in MedTrust’s good name. A conflict of interest may take place in any situation where a MedTrust employee’s personal, social, financial or political activities have the potential of interfering with his or her professional objectivity or position duties at MedTrust. MedTrust employees must avoid any situation that would create a conflict, or even the appearance of conflict, between their private interests and the interests of MedTrust.

 Conflicts of interest can take many forms and the Code of Conduct addresses several of them. It is the responsibility of each employee to prevent conflicts of interest or the appearance of one by seeking advice when there may be a conflict. It is also each employee’s responsibility to disclose all situations that might present a real or perceived conflict of interest. Any employee that becomes aware of any transactions or relationships that may give rise to a conflict of interest must disclose the transaction or relationship. An employee’s direct supervisor or the Compliance Officer is the appropriate resource for assessing potential conflicts of interest.

Disclosure of a conflict may not resolve the conflict. Once a conflict is disclosed, the supervisor or Compliance Officer will work with the employee to address the risks associated with the conflict. This process may include termination of the arrangements that created the conflict.

Employees must disclose any of these circumstances that involve themselves or their family members:

• An employee’s position at MedTrust involves dealing with a family member as a competitor, vendor, or client of MedTrust
• Employment at MedTrust and at any other place at the same time if that employment negatively impacts the time or attention that must be devoted to MedTrust’s affairs
• Employment by MedTrust and by anyone else at the same time that is a present or potential competitor, vendor, or client of MedTrust
• Holding of any substantial financial interest in any competitor, vendor, or client of MedTrust. “Substantial” means an interest valued at more than 50% of your annual MedTrust salary. The term “financial interest” refers to any form of ownership or partial ownership but does not include interests in publicly traded mutual funds, index funds, or similar pooling of securities. NOTE: Ownership of securities acquired as part of a stock purchase plan for employees during prior employment need not be disclosed, but additional purchases of such stock must be disclosed if in excess of 50% of MedTrust salary
• Acceptance of membership on the board of directors of any competitor, vendor, or client of MedTrust, or as a consultant or advisor to any such board of directors or to the management of such firm or person
• Lending money, guaranteeing debts, borrowing money, or accepting gifts or favors in a way that could appear to place an employee under obligations to a competitor, vendor or client of MedTrust

In the course of performing your duties, you may, from time to time, be placed in a position of trust and confidence in which you receive or contribute to the creation of confidential, proprietary and/or government sensitive information, including classified information, relative to the operations of MedTrust or its clients. This confidential, proprietary and/or government sensitive information may include, but is not limited to: policies, plans, procedures, strategies and techniques; trade secrets (e.g., formulas, methods, processes and specifications) and technical information; trademarks; the names and addresses of MedTrust’s employees, suppliers, vendors, clients and potential clients; client lists; other government sensitive information (i.e., classified material); HIPAA protected materials from the client facilities and any other data or information relating to the business of MedTrust which is not generally known by and readily accessible to the public.

You may not use or disclose this confidential, proprietary and/or government sensitive information during your employment with us or after your employment with us has ended, except as necessary in the course of performing your job responsibilities for MedTrust and in furtherance of the company’s interests. If you have any questions over materials that are protected or situations where information may be released or utilized, please contact the Compliance Officer.

 With regard to classified or unclassified sensitive information, MedTrust employees will strictly abide by the applicable federal/state laws and regulations.

All MedTrust personnel shall conduct themselves in accordance with MedTrust policy and all applicable laws and regulations to comply with the principle of maintaining the confidentiality of protected health information and personally identifiable information to which MedTrust is given access. MedTrust personnel shall comply strictly with all applicable Federal and State laws and regulations regarding the confidentiality of protected health information and personally identifiable information. If questions arise regarding the obligation to maintain the confidentiality or such information, personnel should seek guidance from the Compliance Officer.

To compete in the marketplace, it is necessary to gather competitive information fairly as some forms of information-gathering can violate the law. At MedTrust, we are committed to avoiding illegal and improper information-gathering, so it is important to know what you can and cannot do and what you must be careful about.

Legitimate sources of competitive information include any publicly available information or that which is not subject to contractual or government disclosure restrictions. The following information should never be accepted or used by MedTrust employees:

• A competitor’s confidential or proprietary information, government sensitive information related to the competitor, or something similar belonging to anyone else.
• Confidential or proprietary information or government sensitive information related to a competitor in any form that new hires have from prior employers (including prior employment with the government).
• Non-public information about a competitor’s bid if the company is involved in bidding, especially on government contracts.
• Information on a competitor that someone offers to sell

If an employee comes into possession of any of the above prohibited information, they must contact the Compliance Officer immediately.

MedTrust is fully committed to compliance with antitrust laws, which are designed to promote free and open competition in the marketplace. Not only does the customer benefit by getting the best product at the lowest price, but MedTrust also benefits by being able to compete on a level playing field with competitors.

MedTrust competes for business, but some conduct in the name of competition is not consistent with the law or MedTrust’s commitment to integrity. MedTrust and our employees should never use unfair or illegal practices such as:

• Developing agreements among competitors to fix prices, rig bids, or engage in other anti-competitive activity
• Making disparaging or false statements about competitors, their products, or their services;
• Stealing or misusing competitor’s trade secrets;
• Cutting off a competitor’s sources of supply;
• Inducing employees to break contracts with competitors;
• Paying bribes to help MedTrust or to hurt a competitor.

 If employees have any questions regarding their activities or the activities of another MedTrust employee, contact the Compliance Officer immediately.

The integrity and completeness of recordkeeping is not only MedTrust’s policy, it is also mandated by law. MedTrust is required to keep books, records, and accounts that fairly reflect the transactions and dispositions of its assets. To maintain the integrity of the accounting records, all entries in MedTrust’s books must be prepared carefully and honestly and must be supported by adequate documentation to provide a complete, accurate and auditable record of the transactions they describe. All employees have a responsibility to ensure that their work is complete and accurate, to include time sheet completion and leave requests. No false or misleading entries may be made for any reason, and no employee may assist another person in making such entries. These policies apply to all recordkeeping.

MedTrust employees are responsible for understanding and complying with applicable labor recording policies and procedures. Employees are also responsible for properly accounting for labor, travel, material, and other costs, and ensuring that they are accurately recorded and charged to MedTrust’s records. Knowingly mischarging the time that you work or falsifying your time keeping violates MedTrust policy and the law. No employee shall knowingly charge time or other costs to an incorrect account or cost objective, or knowingly approve such mischarging. Transactions between MedTrust and outside individuals and organizations must be promptly and accurately entered in MedTrust’s books in accordance with generally accepted accounting practices and principles.

Under no circumstances should you misrepresent facts or falsify records. You must promptly report such matters to your supervisor or to the Compliance Officer whenever you believe that labor time or other costs may have been recorded or charged improperly.

MedTrust does substantial business with government entities. While integrity is the foundation for all dealings with clients, special rules apply when the government is a client. Violations can result in criminal and civil penalties.

 Employees involved in bidding on or providing service under a government contract should be aware of the following:

•  Never seek or accept confidential bid information or government sensitive information related to a MedTrust competitor.
• Never give or authorize the giving of any cash payment from MedTrust funds to any government official.
• Never give or authorize the giving of payments in goods to any government official.
• Never offer or provide gifts, gratuities, or entertainment to any government official without prior written approval by the Compliance Officer.
• Know and follow anti-kickback rules, including restrictions on gifts by those seeking business from the government and from government contractors, including suppliers in the supply chain to such contracts.
• Conform strictly to the contract’s terms and conditions
• Labor hours and other costs, must always be accurate, complete, and in full compliance with all rules and regulations.
• Be truthful, accurate, and complete in all time sheets, representations, and certifications.
• Know your facility’s specific rules and regulations.
• Do not initiate any discussions about employment with any current or former government employee or agency with which you have had a business relationship without first consulting the Compliance Officer. This includes employment with MedTrust or with a government agency.

The Federal Acquisition Regulation (FAR) mandates that MedTrust timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of a government contract or any subcontract thereunder, MedTrust has credible evidence that a principal, employee, agent, or subcontractor of MedTrust has committed either: 

• A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or
• A violation of the civil False Claims Act.

MedTrust may be suspended and/or debarred for a knowing failure by a principal to timely disclose to the Government, in connection with the award, performance, or closeout of a Government contract performed by MedTrust or a subcontract awarded thereunder, credible evidence of a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code or a violation of the civil False Claims Act.

If you have any questions relating to these requirements, seek the guidance of the Compliance Officer. If you believe one of the various offenses detailed in this subsection has occurred, this Code of Conduct requires you to report the matter to the Compliance Officer and cooperate with any subsequent action taken.

MedTrust’s business depends on creating productive successful relationships with vendors and clients. These relationships must be based on sound, fair business decisions.MedTrust employees, or any member of their families, are not allowed to offer, to solicit from, or accept from a supplier or customer, any gift or money that could be reasonably construed to be given to influence or give the appearance to influence the recipient. You should question any gift offered or given outside of the guidelines listed below and seek written approval from the Compliance Officer before taking action. The following guidelines apply for gifts, entertainment and travel offered by MedTrust employees to suppliers and clients or offered to MedTrust employees from suppliers and clients. These guidelines recognize that modest, sensible gifts can be part of the normal course of doing business with other people.

MedTrust employees may provide to or accept from clients and management, certain promotional “premiums” (such as t-shirts, coffee mugs, pens, or key chains) imprinted with the Company logo or sales information. MedTrust employees may also offer/accept from clients and managers modest items of food, greeting cards or items with little intrinsic value (i.e., coffee, donuts, and small amount gift certificates). No gift outside of these guidelines may be offered, given, or accepted without prior written approval by the Compliance Officer.

There are clear and generally obvious forms of gifts, entertainment and travel that are NEVER acceptable gifts to give or receive and constitute a clear violation of the Code of Conduct. These include:

•  Cash (including chips for gambling), loans, stock, or stock options
• Any item which is provided in direct exchange (i.e., quid pro quo) for a reciprocal action
• Any item that is illegal, sexually explicit, or would violate MedTrust’s commitment of respect towards all those the company deals with
• Any item offered during the process of a competitive bid or contract negotiation with a vendor or client
• Any entertainment or travel or lavish gifts (e.g., airlines tickets, event tickets, club memberships, expensive jewelry, a computer system, etc.)

All employees must respect and obey the local, state, and federal laws, facility requirements, and rules and regulations applicable to MedTrust. It is always important to know you are accountable for applicable rules and regulations for your position. Make sure you seek advice or clarification from supervisors, managers, or the Compliance Officer if you ever have questions on which regulations or policies apply to you.

Contractors are required by law to self-report to the Office of Inspector General when they are aware of or witness violations such as bribery, false claims, theft of government property, computer crimes, and embezzlement.

Please visit StateOIG.gov for more information on reporting mechanisms and additional examples of violations that should be reported.