Policy Name: Charitable Contributions Effective Date: 02-01-2016 Approved By: Executive Compliance Committee Replaces Policy Dated: 01-01-2010 Reviewed By: Compliance Advisory Council **Issuing Department : Compliance Review Dates: APPLICABILITY This policy applies to subsidiaries and affiliated professional entities of Team Health Holdings, Inc. (collectively, the Company ) and all Company affiliated employees and independent contractors (collectively Associates ). PURPOSE The purpose of this Policy is to provide guidance to the Company and its Associates on charitable contributions made by Associates on behalf of the Company or by the Company to actual or potential business partners of the Company. This Policy does not apply to personal charitable contributions made by Associates in their own names utilizing their own personal funds; provided that such personal contributions are not intended to influence any contracts with the Company or no reimbursement is sought from the Company. The Company seeks to ensure that all charitable contributions are made in compliance with applicable State, Federal, or Administrative laws and regulations. DEFINITIONS Key definitions of this Policy include the following: A. Potential/Actual Business Partner - All individuals and/or organizations that the Company does business with currently, or may do business with in the future. Potential/Actual Business Partner includes those individuals and/or organizations that are affiliated with, controlled by, or otherwise support a Potential/Actual Business Partner, such as a hospital foundation. B. Charitable Contributions - A charitable contribution is a donation or gift to or for the use of, or the promise of a future donation or gift to, or for the use of, a Qualified Organization. C. Qualified Organization(s) - Qualified Organizations are not-for-profit organizations that include, but are not limited to, religious, charitable, educational, scientific, or literary organizations organized as a not-for-profit organization pursuant to governing state or federal laws. For example, a 501 (c)(3) entity would be considered a Qualified Page 1 of 6
Organization. D. Designated Compliance Officer a. Scott Remmich is the Designated Compliance Officer for: i. Emergency Medicine ii. Special Operations iii. PhysAssist b. Jennifer Morrison the Designated Compliance Officer for: i. Acute Care Services ii. Anesthesia iii. HRRG iv. Medical Call Center v. Urgent Care vi. Daniel & Yeager vii. Spectrum Health Resources viii. IPC Operations c. Matt Tormey is the Designated Compliance Officer for all other functional areas. POLICY 1. Recipients of Charitable Contributions - Charitable contributions may only be made to Qualified Organizations. 2. Purpose of Charitable Contribution a. Charitable contributions may only be made for bona fide charitable purposes. b. Charitable contributions must be voluntary, without receiving, or expecting to receive, anything of value in return. i. Charitable contributions may be made as part of a fund raising event whereby a portion of the contribution goes towards the cost of participating in the event. For example, common fundraising events include, but are not limited to, golf tournaments and banquets. c. A charitable contribution may not be promised or made in a manner that seeks to influence contract negotiations with a Potential/Actual Business Partner. d. Charitable contributions, or the promise of charitable contributions, may not be used as a marketing device to suggest to Potential/Actual Business Partners that any charitable contribution is likely to be forthcoming as a result of doing business with the Organization. e. The participation of the Company or its Associates in charitable fund raising activities of a Potential/Actual Business Partner shall be incidental to a broad community solicitation, with broad participation in the event by community Page 2 of 6
members who have little or no nexus to the Potential/Actual Business Partner. Any exceptions to this requirement must be pre-approved by a member of the TeamHealth Legal team and the Designated Compliance Officer. 3. Amount of Charitable Contribution a. The amount of the charitable contribution shall be unrelated to the value of any existing or prospective business with a Potential/Actual Business Partner. b. The amount of the proposed charitable contribution and the payment terms of such charitable contribution shall be fixed in advance. i. A charitable contribution may be fixed in advance pursuant to a commitment letter, installment payment letter or agreement, participation brochure, or equivalent writing between the Company and the Qualified Organization. Charitable contributions committed in future installments may not be revoked upon termination of the underlying contractual relationship. 4. Payment of Charitable Contribution a. All checks or other forms of payment for charitable contributions must be made payable to the Qualified Organization. b. No payments may be made payable to an individual or directly to the Potential/Actual Business Partner, with the exception of a Potential/Actual Business Partner which also qualifies as a Qualified Organization. 5. Use of Charitable Contributions a. Neither the Company nor its Associates may seek to, directly or indirectly, influence the Qualified Organization s use of any pledged funds. i. This restriction does not apply to fund raising events whereby, for example, monies are being raised for a variety of projects and the Qualified Organization asks all donors to identify the project that they want their donation applied to. 6. Approval of Charitable Contributions a. At a minimum, all charitable contributions must be approved by the: i. Group President or Executive Vice President of Operations ii. Group CFO b. Group Presidents may establish additional approvals for their Groups. c. In addition to the above approvers, charitable contributions in excess of $5,000.00 must also be approved by the below individuals. Multiple charitable contributions to the same Qualified Organization during a calendar year that Page 3 of 6
exceed $5,000.00 in the aggregate must be also approved by the below individuals, even if the individual charitable contributions are less than $5,000.00. i. The Company Chief Operating Officer, ii. A member of the TeamHealth Legal team, and iii. The Designated Compliance Officer d. All requests for approval of charitable contributions must be made using the Request for Approval of Charitable Contribution form found on the Compliance page of TeamShare. e. No commitments for charitable contributions can be made until all required approvals have been received consistent with this policy and as evidenced by all required signatures on the Request for Approval of Charitable Contribution form. f. Within 30 days of receiving all approvals, the completed Request for Approval of Charitable Contribution form must be scanned and emailed to the Compliance team at charitable_contributions@teamhealth.com. g. If a charitable contribution does not meet all of the requirements of this policy, then it must be reviewed and approved by a Designated Compliance Officer and a member of the TeamHealth Legal team. h. Any intended charitable contributions not otherwise covered by the above approval requirements must be reviewed and approved by a Designated Compliance Officer and a member of the TeamHealth Legal team. 7. Submitting a Check Request for Charitable Contributions a. After all approvals have been received consistent with this policy, a check request for the charitable contribution should be prepared and submitted to Accounts Payable along with the fully executed Request for Approval of Charitable Contribution form and any other documents required by Accounts Payable. 8. Accounting for Charitable Contributions A completed and signed W9 form must be obtained from the Qualified Organization and provided to the TeamHealth Accounts Payable Department before payments will be made. 9. Reimbursement - Charitable contributions will not be reimbursed to an Associate as a business expense and may only be submitted for payment on an approved check request form. 10. Advertising Charitable Contributions - After obtaining all of the above approvals, any plans to advertise the Company s charitable contributions must be approved in advance Page 4 of 6
by the Senior Vice President of Strategic Resources, or designee, and the Designated Compliance Officer. Approval of Advertising is not approval of the contribution itself. 11. Questions - Please direct questions about this Policy to a member of the TeamHealth Legal team or your Designated Compliance Officer. PROCEDURE When considering making a charitable contribution, the following procedures should be followed: 1. Review Charitable Contributions Policy. 2. Obtain needed supporting documentation such as an informational sheet or flyer that identifies the intended recipient of the charitable contribution as a Qualified Organization, and the intended use of the charitable contribution. 3. Print and fill out the Request for Approval of Charitable Contribution form. 4. Provide Request for Approval of Charitable Contribution form to required approvers. 5. If required approvals are received, then obtain completed W9 form from the Qualified Charitable Organization. 6. Complete check request and submit the Request for Approval of Charitable Contribution form and other required paperwork to the Company Accounts Payable department. 7. Once the charitable contribution funds have been dispersed, scan and email the completed Request for Approval of Charitable Contribution form to the Compliance Team using the following email: charitable_contributions@teamhealth.com. POLICY EXCEPTIONS 1. All requests for exceptions to a Compliance policy must be provided in writing to the Chief Compliance Officer. 2. The Chief Compliance Officer will present the request for an exception to the Executive Compliance Committee, or other committee authorized by the Executive Compliance Committee to approve Compliance policies, for review and approval of the exception. 3. At the sole discretion of the Executive Compliance Committee, or other committee authorized by the Executive Compliance Committee to approve such policy, the exception may be granted with or without a meeting. 4. All exceptions reviewed by the Executive Compliance Committee, or other committee authorized by the Executive Compliance Committee to approve Compliance policies, will Page 5 of 6
be reflected in either the minutes of the meeting wherein the decision was made or at the next regularly scheduled meeting. SEEKING GUIDANCE AND REPORTING CONCERNS If you have a question about this policy or you are aware of activities that may violate this policy, Speak Up. Contact a member of the Compliance Team or use one of the anonymous reporting mechanisms set forth below. Compliance Hotline: 888-315-2362 ISSUER Report OnLine: @ www.teamhealthcomliance.com * TeamHealth refers to Team Health Holdings, Inc., its subsidiaries and affiliated professional entities. **This policy has been issued by AmeriTeam Services, LLC, the administrative and support services subsidiary of Team Health Holdings, Inc., which employs the officers and other TeamHealth affiliated representatives, including those who are members of the referenced departments, committees and the Compliance Advisory Council. Team Health Holdings, Inc. and its subsidiary Team Health, Inc. are non-operating holding companies without employees. Separate subsidiaries or other affiliates of Team Health Holdings, Inc. carry out all operations, employ all employees, and employ or contract with all physicians and other healthcare providers. All physicians and other healthcare providers exercise their independent professional clinical judgment when providing clinical patient care. Team Health Holdings, Inc. and Team Health, Inc. do not contract with physicians or other healthcare providers to provide medical services nor do they practice medicine in any way. REFERENCES AND RELATED POLICIES 1. TeamHealth Anti-Kickback Policy 2. TeamHealth Political Contributions Policy 3. Office of Inspector General Advisory Opinions relating to Charitable Contributions ATTACHMENTS Attachment A: Request for Approval of Charitable Contribution Page 6 of 6