NEBRASKA HEALTH INFORMATION MANAGEMENT ASSOCIATION
POLICIES AND PROCEDURES

TITLE: Conflicts and Dualities of Interest

NUMBER: 3.62

EFFECTIVE: 07/01/01

REVIEWED: 11/9/2018

REVISED: 11/9/2018

PURPOSE: The Nebraska Health Information Management Association is organized and operated for public, not private, purposes. The Board has determined it is in the best interest of this association, and the public they serve, to have a clearly-stated policy and set of procedures to identify and resolve conflicts and dualities of interest which might occur.

DEFINITIONS:

Conflict of Interest — A personal and/or proprietary interest on the part of a person having a fiduciary relationship to NHIMA in which the natural pursuit of that interest is or may become in conflict with the financial or business interest of NHIMA.

Duality of Interest — The presence of two or more sets of fiduciary duties in one person having a fiduciary relationship to NHIMA which, if pursued conscientiously, will or may cause others to question the ability of the person to
discharge those duties faithfully.

Fiduciary — One who holds something in trust for another.

POLICY:

Coverage — For the purposes of this policy and procedure, covered fiduciaries of NHIMA shall include current board members, committee members, and task force members. This policy does not cover former fiduciaries whose service ended before the effective date hereof or fiduciaries whose service ends and who have already complied with these provisions while in office.

Policy Established — Conflicts and dualities of interest may reflect adversely upon the integrity and legality of NHIMA and upon all persons who are party to an action or transaction, regardless of whether the conflict or duality is actual or only apparent and not actual. Since persons elected and selected to fiduciary positions with NHIMA are usually active in many related endeavors and it is not realistic to prohibit all conflicts and all dualities of interests, it shall be the established policy of NHIMA to protect the association and its fiduciaries by:

(a) avoiding conflicts and dualities of interest whenever reasonably possible;

(b) requiring disclosure of all unavoidable actual or apparent conflicts or dualities of interest; and

(c) proscribing certain conduct by fiduciaries when conflicts or dualities of interest exist.

Endorsement Policy — It is the policy of NHIMA that none of its covered fiduciaries individually may endorse goods, services, or legislative positions on behalf of NHIMA without the consent of its executive board. Giving an unpaid speech for, submitting an unpaid article to, or serving as an unpaid member of an editorial advisory board for any party shall not, in and of itself, constitute an endorsement.

Bid Contracts — Participation by covered fiduciaries in a bidding process by NHIMA for goods or services is only permitted subsequent to disclosure of the conflict.

Violation of Policy/Procedures — Negligent or intentional violation of this policy and these procedures shall constitute grounds for removal or discharge of covered fiduciaries from their positions for cause.

PROCEDURE:

1. Written disclosures of actual, apparent or even potential or possible conflicts or dualities of interest are appropriate and encouraged whenever they occur or are brought to mind. In addition, the President of NHIMA shall distribute disclosure forms and copies of this policy/procedure to all covered fiduciaries within 60 days following the annual meeting and shall further have the duty to educate all those to whom the policy applies of both the need and the procedure for timely and complete disclosures hereunder. All disclosures shall be announced at the June transition meeting, shall be noted summarily in the minutes of the meeting, and
where thought to be only apparent or possible, shall be so identified.

2. All subsequent disclosures shall be noted in the minutes of the board/committee/task force meeting in which the disclosure(s) occurred or in the minutes of thenext meeting immediately following that of the disclosure(s).

3. No person having a conflict or duality of interest shall make or second motions or vote other than “present” (abstention) at board/committee/task force meetings or at the annual meeting of the NHIMA on issues having a direct or indirect relationship to their disclosed conflict or duality of interest. The reason for abstention shall be recorded in the minutes. In addition, any member of the NHIMA may request that the person having a conflict or duality of interest be excused for a portion of the debate.

4. Refer to the Retention Policy for retention period of signed forms.

APPROVED FORM FOR DISCLOSURE OF ACTUAL,
POSSIBLE OR APPARENT CONFLICTS AND DUALITIES OF INTEREST

To the Nebraska Health Information Management Association:

The undersigned, having a fiduciary relationship to the Nebraska Health Information Management Association (NHIMA), hereby acknowledges:

(a) she/he has read the NHIMA policy and procedures on conflicts and dualities of interest,

NHIMA Volunteer Conflict of Interest Form
(b) that she/he has no actual, apparent or possible conflicts or dualities of interest to disclose,
Check here if applicable:
(c) that she/he has the following relationships which should be disclosed under this
policy and procedure:
I acknowledge my ongoing duty to disclose conflicts or dualities of interest which may occur in the future.
Sending

Nebraska Health Information Management Association
Policy and Procedure Manual
3.62 Conflicts and Dualities of Interest