Policy No 12702 Effective Date 3/27/2017 Revision Date 06/13/2018

policy no: 127.02 effective date: 3/27/2017 revision date: 06/13/2018 area (includes broad impact non-corporate areas):

Policy No: 127.02
Effective Date: 3/27/2017
Revision Date: 06/13/2018

Area (includes broad impact non-corporate areas): ENTERPRISE
Policy Title: Corporate Gift Policy
Functional Owner: Internal Audit
Contributing Departments: Legal, Human Resources, Compliance

PURPOSE
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This policy will provide guidance, in accordance with applicable
federal and state laws, regarding appropriate interactions of Thomas
Jefferson University and Jefferson Health (collectively referred to as
“Jefferson”) employees with vendors and third parties, in order to
minimize undue influence or perceived undue influence and/or conflicts
of interest in Jefferson-related business decisions. The provisions of
this Policy do not supersede other policies governing Conflicts of
Interest and Industry Relationships.
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DEFINITIONS
Gifts: Anything of value given or received for which the recipient has
not paid for or performed services in a manner that is routine in
commercial transactions at fair market value. Gifts include: cash,
gift certificates, loans, trade show/office promotional items (e.g.
pens, mugs), flowers, food/beverage (e.g., candy, wine), entertainment
tickets, tickets for sporting events (e.g. golf tournaments),
invitations to charitable events, and other business courtesies. Gifts
include the receipt of free or discounted items that are given to or
for the benefit of Jefferson employees.
Subject to Jefferson’s Conflict of Interest Policies, honoraria
(outside payments by colleges, universities or other 501(c)(3)
entities to teachers, lecturers and researchers) given to Jefferson
employees are not subject to the provisions of this policy governing
gifts and may be permitted.
Practicing (New Jersey): Any person shall be regarded as practicing
medicine and surgery, within the meaning of NJ Rev Stat § 45:9-18
(2013), which includes any person providing care under a license in
New Jersey.
Prescriber (New Jersey): "Prescriber" means a physician, podiatrist,
physician assistant, advanced practice nurse, dentist, or optometrist
licensed pursuant to Title 45 of the Revised Statutes. "Prescriber"
does not include a licensee who is an employee, as defined in N.J.A.C.
18:35-7.1, of a pharmaceutical manufacturer who does not provide
patient care.
POLICY
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All interactions with vendors and third parties must comply with
applicable law, meet ethical standards, avoid or minimize conflicts of
interest, and promote fair and open dealings. Jefferson employees are
strictly prohibited from giving or receiving any gifts to or from
vendors or third-parties who conduct business or who seek to do
business with Jefferson where such gifts would violate applicable
federal or state law. In addition, the selection and conduct of
business with vendors and third parties should be free from improper
or inappropriate influence or the appearance thereof.
Beyond the foregoing general principles, this Policy provides further
specifications regarding interactions between Jefferson employees, on
the one hand, and vendors and third parties, on the other hand. It is
acknowledged that the following provisions are not exhaustive and may
not cover every possible or potential interaction that occurs with
vendors and third-parties. For interactions that fall outside the
types covered by these provisions, employees should refer to the
guidelines provided in Jefferson’s Code of Conduct and Ethical
Behavior.
A.
Gifts
Prohibited Items
1.
Employees are prohibited from soliciting gifts of any kind from
vendors and third parties.
2.
If the gift is not permitted for an employee to accept, an
employee’s immediate family members are also not permitted to
accept the gift.
3.
Employees are prohibited from giving or accepting cash or cash
equivalents (e.g. gift certificates, stock) to or from vendors or
third parties.
4.
Except as specifically permitted pursuant to other Jefferson
policies, including the Industry Relationships Policy,
departments, units, or physician practices may not accept
unrestricted grants that are specific to the department, unit, or
physician practice.
Permitted Items
1.
Employees are permitted to give and accept tangible gift(s) (i.e.
noncash or noncash equivalents) if the value of the gift(s) does
not exceed $250 aggregated annually for each vendor or third
party. If in the judgment of the employee, the refusal of a
tangible gift exceeding the aggregate annual limit would offend a
third party hosting the employee (e.g. mission abroad, visit to
other institutions), then the employee may accept the gift
provided the employee donates the gift to Jefferson’s Office of
Institutional Advancement so that it may be used as an auction
item at a future fundraising event.
2.
Employees may mutually exchange gifts with personal friends,
provided that the cost is paid by the individual and not through
Jefferson or a vendor company.
3.
Employees may accept gifts of nominal value from patients, former
patients, and friends and relatives of patients, provided the gift
is a modest token of appreciation, and refusal of such a gift may
be counterproductive to the employee-patient relationship.
4.
Departments, units, or physician practices may give or accept
modest perishable gifts (e.g. flowers, cookies, candy) provided it
is shared by all staff. Departments, units, or physician practices
should not give or accept more than six (6) such gifts per year,
per vendor or third party.
a.
Physicians practicing in New Jersey may not accept meals valued at
more than $15.
5.
Departments, units, or physician practices may accept gifted items
that serve a clinical, research, or educational function. Examples
include anatomical models, textbooks, and charts.
a.
If items given to departments, unit, or physician practice, are
intended for patient use, the value must be limited to $10 per
item and $50 per year. Federal law prohibits offering or
transferring to a Medicare or Medicaid beneficiary anything of
value that is likely to influence the patient’s selection of a
particular provider or supplier.
6) Physicians practicing in New Jersey may not accept more than
$10,000 per year in total from all pharmaceutical companies (excluding
bona fide educational and research activities, as defined at
N.J.A.C.13:45J-1.6 )
B. Meals and Entertainment
Prohibited Items
1) Departments, units, or physician practices may not accept meals
from vendors or third parties.
Permitted Items
1) Employees may sponsor or accept invitations to attend meals and
entertainment events with vendors or third parties. The total cost of
the event must be reasonable (the value not to exceed $500 per person)
and the location must be reasonable and not extravagant. Expense
reimbursement for travel and/or lodging related to the event is
prohibited. The number of such events should not exceed three (3)
occurrences per year per vendor or third party.
2) Employees may provide or accept modest meals at business meetings
where business is discussed and employees and third party staff are
working together. This includes meals provided as part of a properly
documented and disclosed consulting relationship.
3) Employees may provide or accept meals in conjunction with an
accredited Continuing Education (CE) Program. However, meals held
off-site from conferences sponsored by a third party or vendor are
subject to the limitations in B.1 above (permitted items).
C. Conferences
1.
Employees may accept invitations to attend conferences (unrelated
to a consulting arrangement) sponsored by vendors or third parties
provided the registration fee, if waived for the employee, does
not exceed $500/per person. Reimbursement for travel and/or
lodging related to the conference is prohibited. The number of
such conferences wherein the fee is waived for the employee should
not exceed three (3) per year per vendor or third party.
2.
Subject to the provisions of the Industry Relationships Policies,
this restriction on travel and/or lodging reimbursement as well as
conference fee waiver does not apply if the vendor or third party
requests that the Jefferson employee speak at the conference, and
it is apparent that the conference purpose is not to foster or
establish a business relationship with Jefferson.
3.
Likewise, the restriction outlined above does not apply to a
Jefferson employee who serves on a company’s Board of Directors,
and who, from time to time attends retreats or conferences
sponsored by that Board. Such relationships must be disclosed
pursuant to Jefferson’s Conflict of Interest Policies.
D. Disclosure of Relationships with Third Parties and Vendors
1.
Pursuant to Jefferson’s Conflicts of Interest Policies, to the
extent an employee makes decisions for Jefferson, he/she should
avoid the appearance of a conflict of interest. Any relationships
with vendors and third parties should be disclosed prior to
participation in the selection process of equipment, products,
supplies or services purchased by Jefferson.
2.
Employees should call the Enterprise Risk Management office at
(215) 503-4119 for any questions that may arise concerning the
provisions of this policy.
References:
Industry Relationships Policy (University 107.25)
Industry Relationships Policy (Hospital 111.22)
Conflict of Interest (University 107.03)
Conflict of Interest (Hospital 122.07)
N.J.A.C. 13:45J
Attachments/Appendices:
Original Issue Date:
Revision Date(s):
Review Frequency:
(Signature on File)

Approved by:
Cristina G. Cavalieri
Chief Legal Officer, Thomas Jefferson University & Jefferson Health