Section 26-A4502. MINIMUM REQUIREMENTS FOR CODE OF CONDUCT

4502.1The code of conduct adopted by the corporation pursuant to this chapter shall include all fiduciary obligations applicable to directors as set forth in this chapter.  In addition, the code of conduct as applicable to directors, officers, and employees shall include provisions that:

(a)Specify prohibited outside activities;

(b)Specify prohibited uses of corporation funds;

(c)Require proper accounting and audit procedures;

(d)Protect the corporation’s handling of confidential medical and financial information;

(e)Require ethical subcontracting;

(f)Prohibit the giving or receive of gifts or gratuities under specific guidelines;

(g)Regulate the purposes and expenses of business travel;

(h)Regulate the business relationships between officers and employees and agents, sales representatives, providers and consultants;

(i)Prohibit payments to government employees;

(j)Require cooperation with the investigation of any violation of the code of conduct, whether undertaken by the corporation or the Commissioner;

(k)Regulate the retention of records;

(l)Prohibit unsafe or unhealthy work place activities;

(m)Prohibit unlawful work place discrimination or harassment;

(n)Prohibit the use or possession of unlawful drugs on corporate property;

(o)Require the reporting of any knowledge of a suspected violation of the code of conduct to the compliance officer; and

(p)Specify the penalties for violations of the code of conduct.

4502.2The code of conduct may include other provisions consistent with the effective management of the corporation.

authority

The Commissioner of the Department of Insurance, Securities and Banking, pursuant to the authority set forth in section 4 of the Department of Insurance and Securities Regulation Establishment Act of 1996, effective May 21, 1997 (D.C. Law 11-268; D.C. Official Code § 31-103(a)(1)(2001)) and section 21 of the Hospital and Medical Services Corporation Regulatory Act of 1996, effective April 9, 1997 (D.C. Law 11-245; D.C. Official Code § 31-3520 (2001)).

source

Notice of Final Rulemaking published at 51 DCR 9011, 9012 (September 17, 2004).