Aliah Home Care

On August 16, 2021, the State of New York announced that all healthcare workers in New York State are required to be vaccinated against COVID-19 with limited exceptions for those with religious or medical reasons.

The U.S. Food and Drug Administration (FDA) has fully approved a Covid-19 vaccine on August 23, 2021.

I have read and understand this “Statement and Acknowledgement of Mandatory COVID-19 Vaccine for All Healthcare Workers in New York State” and acknowledge that as a home health healthcare worker in New York State, I am required to be fully vaccinated against COVID-19, with the first dose administered by Thursday, October 7, 2021.

98-04 Astoria Boulevard East Elmhurst N.Y. 11369

I,

acknowledge that I have received training on the HHA Exchange Clock- in/out system.

I have practiced on the system and have had an opportunity to have any questions regarding the system answered.

I understand that I must use this system to clock in and out.

If there is an Exception, defined as a visit that does not have both an electronic clock-in and out through the HHA Exchange, I must submit a time sheet signed by both myself and the patient, in order to verify the visit.

I. Introduction

KF Office F/B/O Aliah Home Care, Inc., and any and all of their related or affiliated companies (“Company”) believes that most work-related concerns can be addressed with the employees’ direct supervisor or the Administrator. Thus, employees are encouraged but not required to speak with their direct supervisor or Administrator to resolve any work-related problem before initiating the procedures set forth in this Mutual Dispute Resolution Agreement (“Agreement” or “Arbitration Agreement”). Where resolution cannot be achieved through the Company’s internal resources, the undersigned employee, the employee’s heirs, executors, administrators, successors, and assigns (“Employee”) and the Company agree to use the arbitration procedures in this Agreement instead of a trial in court before a judge or jury. Arbitration is the process by which a neutral third party makes a binding decision relating to a dispute. This Agreement is a condition of employment. If Employee accepts or continues employment with the Company, both Employee and the Company will be bound by its terms.

II. Covered Claims

Other than as provided in this Agreement, Employee and the Company agree that any controversy, dispute, or claim that otherwise could be raised in court (“Covered Claim”) that the Company has against Employee or the Employee has against the Company, its current or former officers, directors, members, employees, vendors, clients, customers, agents, parents, subsidiaries, affiliated companies, successors, or assigns, shall be settled exclusively by binding arbitration rather than in court. It is the parties’ intent that all claims between them covered by this Agreement are to be resolved through binding arbitration to the fullest extent permitted by federal law (and state law that is not preempted by federal law), not an administrative proceeding or court. However, if an arbitration award would be rendered ineffectual without provisional relief including, but not limited to, preliminary injunctions or temporary restraining orders, either party may request such relief from a court of competent jurisdiction to preserve the status quo pending arbitration.

Covered Claims include, but are not limited to, claims for wages and other compensation, breach of contract, misappropriation of trade secrets or unfair competition, violation of public policy, wrongful termination; tort claims; claims for unlawful retaliation, discrimination and/or harassment; and claims for violation of any federal, state, or other government law, statute, regulation, or ordinance, such as, for example, claims under the Age Discrimination in Employment Act, the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964; the Equal Pay Act; the Fair Credit Reporting Act; the Fair Labor Standards Act; the Family and Medical Leave Act; the Pregnancy Discrimination Act; the Rehabilitation Act; Section 1981 through 1988 of Title 42 of the United States Code; the Worker Adjustment and Retraining Notification Act; the New York Labor Law; New York State Human Rights Law, the New York City Human Rights Law, and similar laws.

Claims not covered by this Agreement are: claims for workers' compensation or unemployment benefits; petitions or charges that could be brought before the National Labor Relations Board or claims under a collective bargaining agreement; charges filed with the Equal Employment Opportunity Commission or a similar government agency; claims under employee pension, welfare benefit or stock option plans if those plans provide a dispute resolution procedure; claims which are not subject to arbitration or pre-dispute arbitration agreements pursuant to federal law; and any claims asserted by an employee in any lawsuit or administrative proceeding pending against the Company prior to the date the employee signs this Agreement where Employee is a party to the lawsuit or administrative proceeding; or if the pending lawsuit or administrative proceeding asserts a class or collective action, and Employee is a party, member or putative member of the class or collective action against the Company.

III. Waiver of Multi-Plaintiff, Class, Collective and Representative Actions

Except where prohibited by federal law, covered claims must be brought on an individual basis only, and arbitration on an individual basis is the exclusive remedy. Neither party may submit a multi-plaintiff, class, collective, or representative action for resolution under this Agreement, and no arbitrator has authority to proceed with arbitration on such a basis. Any disputes concerning the validity of this multi-plaintiff, class, collective, and representative action waiver will be decided by a court of competent jurisdiction, not by the arbitrator. In the event a court determines that this waiver is unenforceable with respect to any claim or portion of a claim, this waiver shall not apply to that claim or portion of the claim, which may then only proceed in court as the exclusive forum.

IV. Authority to Determine Arbitrability

Except as provided in Section III, the arbitrator shall have the exclusive authority to resolve any dispute relating to the enforceability or formation of this Agreement (including all defenses to contract enforcement such as, for example, waiver and unconscionability) or the arbitrability of any claim. Enforcement of this Agreement may not be precluded or delayed on the grounds that (1) a party to this Agreement also is a party to a pending court action or special proceeding with a third party arising out of the same transaction or series of related transactions, or (2) a party to this Agreement asserts arbitrable and non-arbitrable claims.

V. Procedures

The demand for arbitration must be in writing, personally signed by the person or a representative of the entity initiating the claim, and made within the time period required under the applicable statute of limitations. To initiate arbitration, Employee must deliver the written demand to the Company at 98-04 Astoria Boulevard East Elmhurst, New York 11369, Attn: Administrator. For the Company to initiate arbitration, it must deliver the written demand for arbitration to Employee at the last known address recorded in Employee’s personnel records. The party initiating arbitration also must, within the time period required under the applicable statute of limitations, submit the written demand to the arbitration service that will administer the claim (as explained below). The Company shall pay all arbitration fees and costs that would not be incurred in a court proceeding.

The arbitration shall be before a single neutral arbitrator. Unless the parties otherwise agree, the American Arbitration Association (“AAA”) shall administer the arbitration and the hearing shall take place in the county in which the dispute arose. The American Arbitration Association’s Employment Arbitration Rules (“AAA Rules”), or the employment rules of the arbitration service used, shall govern the arbitration proceedings, but to the extent the rules conflict with this Agreement, the provisions of this Agreement shall apply. Employee may obtain a copy of the AAA rules before signing this Agreement at www.adr.org, by contacting the AAA directly (toll-free 800- 778-7879), or by contacting the Company’s Administrator. Each party shall have the right to conduct discovery adequate to fully and fairly present the claims and defenses consistent with the streamlined nature of arbitration.

The arbitrator shall apply the substantive law relating to all claims and defenses to be arbitrated the same as if the matter had been heard in court, including the award of any remedy or relief on an individual basis and any award of costs and attorneys’ fees to the prevailing party. Otherwise, the parties shall each bear their own costs and attorneys’ fees. Unless otherwise permitted by applicable law, the costs unique to arbitration (for example, the arbitrator’s or the arbitration administration fees) will not be shifted to Employee. The arbitrator also may award monetary and non-monetary sanctions or other relief against a party or a party’s attorney(s) for violation of this Agreement, the AAA Employment Rules, an Arbitrator’s Order, the filing of frivolous claims, and/or violation of Federal Rule of Civil Procedure 11. The arbitrator’s award shall be in writing, with factual findings, reasons given, and evidence cited to support the award. Any authorized decision or award of the arbitrator shall be final and binding on the parties. Any court of competent jurisdiction may enter judgment upon the award, either by (i) confirming the award or (ii) vacating, modifying, or correcting the award on any ground permitted by applicable law.

VI. Governing Law, Consideration, Severability, Final Agreement

The Federal Arbitration Act (9 U.S.C. Sections 1, et seq.) shall govern this Agreement. State arbitration statutes shall apply only to the extent they are not preempted by the FAA.

The Parties agree that the mutual promises to arbitrate Covered Claims serve as adequate consideration. To the extent permitted by applicable law, new or continued employment, and the Company’s agreement to pay all fees and costs unique to arbitration serve as additional consideration.

If any part of this Agreement is held to be invalid, void, or unenforceable, it shall be interpreted in a manner or modified to make it enforceable. If that is not possible, it shall be severed and the remaining provisions of this Agreement shall remain in full force and effect.

This Agreement sets forth the final agreement of the parties and supersedes all prior negotiations, representations or agreements, whether written or oral, pertaining to arbitration of claims covered by the Agreement.

THIS CONTRACT IS A BINDING ARBITRATION AGREEMENT WHICH MAY BE ENFORCED BY THE PARTIES.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE RECEIVED AND READ OR HAVE HAD THE OPPORTUNITY TO READ THIS ARBITRATION AGREEMENT. I UNDERSTAND THAT THIS ARBITRATION AGREEMENT REQUIRES THAT DISPUTES THAT INVOLVE THE MATTERS SUBJECT TO THE AGREEMENT BE SUBMITTED TO ARBITRATION PURSUANT TO THE ARBITRATION AGREEMENT RATHER THAN TO A JUDGE AND JURY IN COURT.

1. Program Description

The ALIAH compliance program embodies its commitment to conducting business in the manner proscribed by the applicable laws, rules, regulations, and other directives of the federal, state, and local governments and agencies. An expression of this commitment is the code of conduct (“Code”) described herein which is applicable to all individuals, including ALIAH managers, members, officers, directors, employees, volunteers, and independent contractors working for or providing services to ALIAH (“staff members”).

This Code is intended to provide general guidelines to assist staff members in understanding and appreciating the high standards with which ALIAH conducts its business. Although the Code of Conduct can neither cover every situation in the daily conduct of our many varied activities nor substitute for common sense, individual judgment, or personal integrity, it is the duty of every staff member to adhere, without exception, to the principles set forth herein.

The Code includes information regarding the program and its implementation, and the investigation and resolution process.

The Code identifies the Compliance Officer as the employee responsible for monitoring the program daily and performing periodic audits of its policies and procedures and outlines the additional duties of the position as pertains to the Code. How ALIAH shall respond to and investigate issues brought to its attention, via employee reports or company audits are detailed within. How actual or potential issues will be addressed in the present and what steps shall be taken to mitigate their impact in the future is also contained in the Code. Policies regarding the appropriate methods for reporting issues to the overseeing agencies, and procedures related to overpayments are also included.

Included in the Code are details of the training and education programs offered by ALIAH through which all staff members can ensure they understand their responsibilities and duties under the Code, and the professional standards which ALIAH expects all its employees to conduct themselves. Training curricula will include information regarding compliance issues, expectations, and the compliance program operation. Session will be conducted on a periodic basis, as dictated by necessity, and will be included in employee orientations.

The Code articulates the expectations for reporting compliance issues and assisting in their resolution and the procedures by which employees can fulfill these duties. Specifics of the reporting process – how employees may make reports and to whom – are outlined as well. Further enumerated are the lines of communication via which reports may be made and the protections afforded employees in this process. Information regarding the disciplinary policies of the code is included as well.

The Code of Conduct shall be amended and updated as necessary. At such times ALIAH will notify all staff members that changes have been made, and the policy shall be made available for all employees to review if they wish. A staff member will be made available to assist any employee in accessing and understanding the changes. However, the final responsibility to comply with the standards, policies and procedures contained in this Code falls on everyone. As such all ALIAH staff members must take great care to understand the Code and conduct and the high standards expected of them.

ALIAH encourages members, managers, officers, directors, employees, contractors, and agents to raise questions or concerns, and seek clarification regarding these laws or related policy issues with the Compliance Officer or designated party.

This compliance program is more fully described and can be found in its entirety in the ALIAH Compliance Program Manual (“Compliance Manual”), available for review in the office of the Administrator or Compliance Officer.

ALIAH expects that the Code of Conduct will be a part of the daily activities of its staff members. The Code of Conduct is in addition to, and does not limit, specific policies and procedures of ALIAH staff members must perform their duties in accordance with all such policies and procedures.

It is the duty of every manager, member, officer, director, employee, independent contractor, volunteer, and agent to uphold the standards set forth in the Code of Conduct and to report violations by following the reporting procedures outlined in the Compliance Manual. Alleged violations of the Code of Conduct or other policies and procedures of ALIAH will be investigated by persons designated by, and pursuant to procedures established by ALIAH. We will make efforts to maintain the confidentiality of the identity of any individual who reports perceived or actual violations. However, confidentiality of identity cannot be guaranteed.

It shall be a violation of the Code of Conduct to take any action in reprisal against anyone who reports suspected violations of the Code of Conduct or other ALIAH policies and procedures, assists in the investigation of a compliance issue or assists with remedial actions in good faith.

Failure to abide by the Code of Conduct or the guidelines for behavior which the Code of Conduct represents may lead to disciplinary action. Disciplinary action, up to and including termination, will be determined on a case-by-case basis. If ALIAH determines that a violation may have included criminal violations of law or regulation, ALIAH will seek the advice of counsel and cooperate with law enforcement authorities about the investigation and prosecution of the offender.

While the duty remains the responsibility of everyone, ALIAH shall implement programs necessary to foster further awareness of applicable laws and regulations and to monitor and promote compliance of such laws and regulations. Any questions about the legality or propriety of any actions undertaken by, or on the behalf of ALIAH should be referred immediately to the Compliance Officer.

2. Application

It is the duty of ALIAH and its staff members to uphold all applicable Federal, State and Local laws, rules, regulations, and standards (“laws and regulations”). Everyone must be aware of the legal requirements and restrictions applicable to his or her respective position and duties. The ALIAH employees who conduct employee orientations have been educated in the specifics of the laws so they can answer any questions new hires may have. The Compliance Officer will be available in the event further assistance is required. Training and educational sessions will be conducted as needed, but no less frequently than annually, to ensure all employees are aware of their responsibilities under the law.

The following policies and procedures govern the application of this code of conduct.

Reporting Procedures:

It is the policy of ALIAH to provide all its members, managers, officers, directors, staff, contractors, and agents with the means to report actual or perceived violations of ALIAH Code of Conduct, Compliance Program, policies and procedures and applicable laws and regulations.

Anyone with knowledge of an event, occurrence or activity that appears to violate applicable laws and regulations, ALIAH Code of Conduct or any of its policies or procedures should promptly communicate the actual or perceived violation to the Compliance Officer. Reports can be made anonymously by calling the compliance hotline at 917-672-9825.

In compliance with law, ALIAH policy prohibits retaliatory action, in any form, against any individual who makes a report, in good faith, to the agency or any governmental official or agency. The Federal False Claims Act, New York False Claims Act, and New York State Labor Law §740 specifically prohibit and provide remedies for such retaliatory action. Improper retaliation includes actual or threatened discharge, demotion, suspension, harassment, discrimination, or other adverse employment action. Activities protected against retaliation by Federal and State law and regulation include disclosing or reporting – or making a threat of such – to a supervisor, the agency or to a governmental official or agency an activity, policy, or practice that is in violation of the law; testifying or providing information for a hearing, investigation, or inquiry; initiating or assisting in any action or investigation; and/or objecting to or refusing to participate in any such illegal activity.

ALIAH has a zero-tolerance policy regarding retaliation and will aggressively investigate such matters and disciplinary action will be take when appropriate. ALIAH expects its staff members, managers, officers, directors, employees, contractors, and agents to promptly report any possible instances of retaliatory action immediately to the Administrator, the Compliance Officer or other designated party.

All members, managers, officers, directors, employees, contractors, and agents are required to promptly report all known or suspected violations of ALIAH billing and claims submission policies to the Administrator, Compliance Officer, immediate supervisor or other designated party, in writing or through the anonymous telephone hotline at 917-672-9825.

If an issue does arise, it is the policy of ALIAH to promptly disclose all relevant information to any and all appropriate agencies.

Investigation and Resolution Processes:

It is the policy of ALIAH to make a prompt and thorough inquiry into any report concerning activity which may be contrary to applicable laws or regulations. Upon receipt of a report which suggests that improper conduct has occurred, and investigation either under the direction and control of legal counsel or the Compliance Officer shall be commenced. The investigative techniques used shall be implemented to facilitate the correction of any practices not in compliance with applicable laws or regulations.

Billing and Claims Reimbursement:

It is the policy of ALIAH to comply with all relevant billing and claim reimbursement rules, regulations, and requirements. All personnel involved in coding, billing and claims submissions must maintain high ethical standards and must know and adhere to all requirements for the health care industry, including all rules and regulations pertaining to coding, billing, claims submission and reimbursement, including, among others, Medicare, and Medicaid regulations. All billing personnel are expected to attend training and education sessions. Billing personnel will be regulatory monitored to ensure that they are not engaging in any activity which may be fraudulent or abusive under the Medicare and Medicaid regulations. Billing department personnel and billing consultants will not offer any financial incentive to submit claims regardless of whether they meet applicable coverage criteria for reimbursement or accurately represent the services rendered.

All Staff Members are required to promptly report all known or suspected violations of billing policies to their immediate supervisor, Compliance Officer or Administrator, or other designated party.

ALIAH and its staff members have a duty to create and maintain records and documentation in accordance with legal, professional, and ethical standards. Any individuals whose job duties involve billing procedures, whether it be a part of their specific job description or in an executive role, shall ensure that all filings for reimbursement for care are reasonable, necessary, and appropriate that services are provided by properly qualified persons, and that services are billed correctly and supported by adequate documentation.

All claims for reimbursement to government and to private insurance payers must be true and accurate and conform to all applicable laws and regulations.

Activities That May Violate the Law:

The following is a non-exhaustive list of examples of improper billing and claims activities:

• Billing for services or supplies that were not provided;

• Submitting a claim containing known false information or omitting material information;

• Filing a claim for services not medically necessary, or, if medically necessary, not to the extent rendered;

• Altering claim forms to increase payments;

• Arranging to get paid twice for the same service by billing two payers (i.e. duplicated billing);

• Revising a claim for a service that is not covered so it will be covered;

• Misrepresenting the services performed, the fee for the services, the date of the services, or the identity of the patient;

• Falsifying records to appear to meet conditions of participation or conditions of coverage;

• Omitting material information when making a claim or when submitting a written statement in support of such claim;

• Scheming with another person to manipulate claims and increase payments (e.g. upcoding);

• Using the adjustment payment process to generate fraudulent payments;

• Billing services over a period of days when all treatment occurred over one visit;

• Improperly completing or obtaining certificates of medical necessity (CMN);

• Providing incomplete, false, or misleading information about ownership of an agency;

• Repeatedly charging patients more than the permitted amounts or repeatedly violation a participation agreement or assignment agreement;

• Excessive charges for services or supplies;

• Improper billing practices, including submission of bills to Medicare instead of third-party payers which are primary insurers for Medicare beneficiaries;

• Increasing charges to Medicare beneficiaries but not to other patients;

• False or misleading documentation regarding services provided; and

• Billing for home health services without meeting the program requirements.

Fraud and Abuse:

ALIAH has adopted Policies and Procedures for preventing and detecting fraud, waste, and abuse of the Federal health care programs, including Medicare and Medicaid. All members, managers, officers, directors, employees, contractors, and agents must strictly follow these policies. These policies and procedures are available for review upon request. To review these policies and procedures, contact the Compliance Officer.

In accordance with the requirements of relevant false claims laws, and to further ensure the accuracy and appropriateness of claims submitted, ALIAH staff members, managers, officers, directors, employees, contractors, and agents must strictly adhere to the following:

• The filing of claims for services not rendered is strictly prohibited. All documentation must be reviewed and checked for accuracy by clinical staff prior to direct submission to Medicaid and/or Medicare. Furthermore, billing staff must review the completeness and check for inconsistencies in the documentation supporting the bill prior to submitting a claim. Diagnosis and procedure codes reported on claims must be based on the medical record and other documentation and must comply with appropriate coding guidelines. Coding must accurately describe the services ordered by the physician and performed by the agency;

• The filing of claims and services rendered that were not medically necessary. Documentation submitted by the staff must record the activity leading to the record entry, the identity of the individual providing the service, and any information needed to support medical necessity and other reimbursement coverage criteria. All clinical and billing staff shall communicate effectively to ensure that documentation is consistent;

• Detect and prevent the submission of any claim which contains false information;

• Detect and prevent any claim for inadequate or substandard services. Clinicians must review services rendered and supporting documentation to determine that the level of services provided is adequate to support a claim for payment.

All documentation utilized to support claims for reimbursement shall be periodically reviewed by the billing staff in conjunction with clinical personnel, if the claims are submitted directly to Medicare and/or Medicaid, and the Compliance Officer or other designated party, to assess adherence to these standards. The agency will maintain a process for pre- and post-submission review of claims to ensure that claims submitted for reimbursement accurately reflect medically necessary services provided are supported by sufficient documentation and are in conformity with any applicable coverage criteria for reimbursement.

ALIAH expects its staff members to refrain from any conduct which may violate applicable federal and state laws and regulations, with special emphasis on those related to fraud and/or abuse.

These laws generally prohibit:

• The transfer of anything of value to induce the referral of patients or any government program business (i.e., Medicare, Medicaid and other federal or state health care programs); and

• The making of false representations or the submission of false, fraudulent, or misleading claims to any government entity or third-party payer, including claims for services not rendered, claims which characterize the service differently than the service actually rendered, or claims which do not otherwise comply with applicable program or contractual requirements.

More specific guidance with respect to laws and regulations applicable to fraud and abuse can be found in the ALIAH Compliance Manual. A compendium of applicable federal and state laws applicable to the fraud and abuse area will be included in the orientation package and will be available to all staff members by contacting the HR department or the Compliance Officer.

Retention of Records:

It is the policy of ALIAH that all employees, contracted health professionals, agents and others associated with the agency maintain and preserve all documents, including compliance, business, and medical records, and secure them against loss, destruction, unauthorized access, unauthorized reproduction, corruption, or damage. ALIAH will also comply with regulations concerning document retention periods.

The primary components of ALIAH record maintenance, access and retention policies and procedures include, but are not limited to, the following:

• Records will only be accessible by authorized personnel on a need-to-know basis or legally authorized individuals, and in strict conformance with applicable federal, state, and local laws and regulations, including those relating to privacy and confidentiality.

• Patient medical records may only be accessed by authorized individuals and personnel. Questions as to whether medical records should be released and/or distributed should be directed to the agency’s Privacy Officer and/or Compliance Officer as they arise.

• Records will be stored in a systemized manner that preserves confidentiality and takes into consideration environmental elements. Security of electronic records shall be in compliance with HIPAA regulations.

3. Administration

The Compliance Officer shall be accountable for the Compliance Program; its content, implementation and application, the response to – and investigation of – reports, the ongoing monitoring, periodic reviews and updating of the policies contained therein and its lawfulness, are responsibilities attached to that position.

The Compliance Officer is further tasked with the duty to report compliance issues to the appropriate governing bodies and maintaining compliance to the applicable laws.

The monitoring of the compliance policy shall include the following daily tasks:

• Frequent checking of the compliance hotline voicemails;

• Observation of the ALIAH working environment to uncover conditions which may foster or facilitate the occurrence of violations; and

• Assessing the efficiency of agency responses to and investigations and the resolution of, reports;

ALIAH shall conduct periodic reviews designed to address relevant compliance issues; reviews will generally be conducted internally but will be referred to external investigative bodies when deemed necessary. Reviews shall be conducted in four stages:

• Past reviews shall be examined to evaluate the efficiency and timeliness of agency responses. Further assessments shall be conducted to uncover the root causes of occurrences. Self- evaluations shall be conducted to identify future risk areas;

• Procedures and policies shall be amended to address issues uncovered in the prior steps; and

• Upon its completion, the auditing process itself will be evaluated, and augmented as needed. Attention shall be paid to identifying and addressing potential conflicts of interest among the Compliance Staff which may affect their ability to effectively conduct future audits.

4. Training and Education

All ALIAH employees will receive comprehensive training and education regarding compliance issues, expectations, and the compliance program operation. The compliance program will be explained in depth to all incoming employees as part of their orientation. Current ALIAH staff including members, managers, officers, directors, employees, contractors, agents, and other health care practitioners shall be required to participate in a minimum of one (1) hour of basic compliance training and education annually. Attendance at all sessions is mandatory and failure to participate will result in disciplinary action, up to and including termination. Individuals involved in specialty fields such as coding, claims development and billing will require additional compliance training and education addressing documentation, claims, billing, and fraud and abuse issues. Additional training attendance may be required as part of an employee performance improvement measure or action plan. In addition to periodic training and in-service programs, ALIAH will notify its staff members whenever compliance standards change, and any relevant documentation will be made available to all.

5. Professional and Ethical Standards

As professionals, all staff members have a duty to support ALIAH goals to provide nursing and other home care services of the highest quality that respond to the needs of our patients. The services provided must be reasonable and necessary for the care of each patient, and such care must be provided by properly qualified individuals. All such care must be properly documented as required by law and regulation, payer requirements, professional standards and the policies and procedures of ALIAH.

6. Confidentiality

ALIAH and its staff members are in possession of, or have access to, a wide variety of confidential and sensitive information. Pursuant to the relevant laws, statutes, rules, and regulations, among them the provisions of HIPAA regulations as mandated by Federal Law, dissemination of any confidential information, patient information especially, to any unauthorized persons is strictly forbidden.

It is the duty of ALIAH and its staff members to protect the privacy rights of the patients. ALIAH and its staff members shall maintain the confidentiality of patient medical records and information, as well as proprietary information, by actively protecting and safeguarding such information in a manner designed to prevent the unauthorized disclosure of such information.

If there are any questions or concerns concerning the disclosure of information, the question or concern should be referred to an individual’s supervisor, the Administrator, the Compliance Officer, or the Privacy Officer.

7. Business Practices

ALIAH business practices must be conducted with honesty and integrity and in a manner, that upholds the reputation with patients, payers, vendors, and competitors. ALIAH expect its staff members to be loyal to the organizations interests. Staff members should not use their position to profit personally or to assist others in profiting in any way at the expense of ALIAH. Staff members must refrain from activities which create conflicts of interest with ALIAH or give the appearance of impropriety.

Staff members involved in business transactions or behalf of ALIAH shall not offer or pay, nor solicit or receive any gifts, favors or other improper inducements in exchange for influence or assistance in a transaction or the referral of business. If there is any doubt or concern about whether specific conduct or activities are ethical or otherwise appropriate, the doubt or concern should be referred immediately to an individual’s supervisor, the Administrator, or the Compliance Officer.

When ALIAH decides to enter into an agreement or arrangement with another healthcare entity or practitioner to provide services, that decision must be free of any improper influence. Thus, if you or any immediate family member is already an employee, consultant, owner, contractor or even a passive investor of an entity that (i) engages in any business or maintains any relationship with ALIAH (ii) provides to, or receives from ALIAH, any patient referrals, or (iii) competes with ALIAH a “Conflict of Interest Disclosure Statement Form” and submit it to the Compliance Officer. If you or your family member intends to become such an employee, consultant, owner, contractor, or an investor, you must first obtain certain permission from the Administrator or Compliance Officer by completing a “Conflict of Interest Disclosure Statement Form.” In this way, ALIAH can be assured that our business relationships are free from improper influences.

8.Conflicts of Interest

It is the policy of ALIAH that all Staff Members avoid all activities that conflict with their responsibilities and obligations to ALIAH and its Patients.

The policies and procedures relating to conflicts of interest include, but are not limited to, the following:

• Staff Members must not have an interest in or serve as director, officer, manager, or member of any entity in competition with ALIAH without permission.

• Any members, manager, officer, director, employee, contractor, or agent who performs work or renders services for any competitor of ALIAH or for any organization which does business with or seeks to do business with ALIAH outside of the normal course of his or her employment or other engagement with ALIAH shall notify the Corporate Compliance Officer or Administrator.

• Business with any ALIAH vendor, supplier, contractor, or agency, or any of their officers or employees that is not conducted on behalf of ALIAH is prohibited, unless previously authorized by the Compliance Officer or Administrator.

• Staff Members shall not permit their names to be used in any fashion that would tend to indicate a business connection with any organization which does business with or seeks to do business with ALIAH without the prior approval of the Compliance Officer or Administrator.

• ALIAH shall not be represented by a member, manager, officer, director, employee, contractor, or agent in any transaction in which he or she or an immediate family member has a personal financial interest.

• Staff members should not discuss any confidential information with anyone outside of ALIAH. This confidential information includes, but is not limited to, personnel data, patient lists, clinical information, financial data, research date, techniques, computer software, and information with a copyright, financial results, or business dealings.

• Staff Members shall not accept any gifts, including discounts, from prospective or current suppliers and/or contractors.

• Staff Members shall not engage in any activities or outside interests that influence their ability to make objective decisions during their job responsibilities.

• Staff Members are expected to disclose potential conflicts of interest involving themselves or their immediate family members (spouse, parents, brothers, sister, and children) to the Compliance Officer or Administrator using the agency’s “Conflict of Interest Disclosure Statement” form.

9. Employment Practices

ALIAH is committed to providing equal employment opportunities for all persons, without regard to race, color, creed, religion, sexual orientation, national origin, age, sex, marital status, handicap, or disability. ALIAH is committed to providing patient care and a workplace environment which emphasizes the dignity and respect of every individual. In that regard, harassment and/or other types of prohibited discrimination in any form or context will not be tolerated.

Violence in the workplace will not be tolerated and such behavior will result in immediate disciplinary action, which may include termination.

ALIAH is committed to providing a healthy and safe workplace. ALIAH and its staff members will comply with federal, state, and local laws and regulations that promote the protection of health and safety. Staff members are expected to report workplace injuries or any situation presenting a danger of injury.

Employee and Other Association with the Agency Screening:

It is the policy of ALIAH to ensure that its members, managers, officers, directors, employees; agents and independent contractors are properly screened in accordance with agency procedures, and in compliance with applicable laws and regulations, prior to employment or engagement with ALIAH and periodically during their tenure with ALIAH Offers of employment or engagement, as well as continued employment and engagement, shall be contingent upon satisfactory screening.

Individual Excluded from Federal and State Health Care Benefits Programs:

It is the policy of ALIAH not to enter into employment, contractual or business arrangements, in any capacity, with individuals or entities that are barred or excluded from participating in federal or state health care benefit programs. This shall be accomplished through screening programs, which include reviewing the U.S Office of Inspector General’s (OJG) List of Excluded Individuals/Entities (LEIE), the Office of Medicaid Inspector General’s Providers Not Allowed to Bill list and other applicable sources of such information prior to hiring, engaging or otherwise transacting business with any person or entity, and by conducting such review periodically after employing, contracting with or otherwise engaging any individual or entity.

10. Employee Compliance Verification;

ALIAH verifies employee compliance as follows:

• Home Health Aide Training Certificates are verified through examining and the home care registry;

• Social Security Numbers are verified with the Social Security Administration;

• Employees must complete an application including work history to the best of their ability to do so;

• Employees must have verified letters of reference preferable with a work reference;

• Employees will be checked through the OMIG website;

• Employees must have a physical exam with a toxicology screen, Rubeola and Rubella titers and a PPD before beginning work;

• Employees must complete an orientation before beginning work;

• Employees must complete six hours (PCA) or twelve hours (HHA) of in-service a year;

• Employees must submit proof of an annual physical and PPD;

• Employees must have a photo ID

Please note that nothing in this Code of Conduct is intended to nor shall be construed as providing any additional employment or contract right to staff members or other persons.