Thank you for your participation in the California BONES Society (CBONES) ListServe. The Code of Conduct was established to ensure a positive experience for all subscribers and to help make this a great resource for your practice and your career. Please take a moment to review and understand what is expected of all subscribers in this electronic networking community.
The ListServe offers an open, engaging and unique networking community for CBONES members. We expect subscribers to demonstrate the highest ethical standards.
CBONES does not control or receive any financial benefit from the messages, information, software, files or other materials posted on The ListServe. CBONES neither condones nor is responsible for any postings.
The ListServe Rules and Regulations
Your decision to participate in the CBONES ListServe indicates that you have read and accept, without limitation or qualification, this Code of Conduct. Subscribers in the CBONES the ListServe are solely responsible for the content of their posts.
The ListServe subscribers’ opinions are expressed strictly in their individual capacities, and not as representatives of CBONES.
CBONES is not be liable for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on The ListServe. Subscribers must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.
The appearance of subscribers’ addresses, emails addresses, fax numbers, or telephone numbers on The ListServe does not constitute permission for you to contact subscribers for commercial purposes.
We strictly prohibit defamatory, abusive, profane, threatening, offensive and illegal content and actions. All postings, commentary and messages are subject to libel, slander, copyright and antitrust laws.
All postings are made available to The ListServe subscribers, which includes CBONES members. Postings are not treated as confidential. Depending on the information provided, postings may potentially be identifiable to professional or business matters that involve you or your practice. We request that you do not post information in the CBONES ListServe regarding any specific situations or matters that you consider to be confidential.
You agree to reserve list discussions for topics that might include, but are not limited to, soliciting the advice of your peers, learning from their experience, and participate in the ongoing dialogue.
We reserve the right at all times to disclose any posting and the name of its original poster when we believe such disclosure is appropriate to comply with the law (or a court order or subpoena); to prevent or investigate a possible crime or other violation of law; or to protect your rights, property or safety or the rights, property or safety of the CBONES entities or others.
We reserve the right, at our discretion, to suspend or terminate The ListServe access to subscribers who we believe have violated the Rules.
Subscribers should post a message only when it contains information for everyone’s benefit. Messages like “Me, too!” should be sent using “Reply to Sender.”
It is advisable to make your subject line as concise and specific as possible. This makes it easier for people to respond. When replying to a prior posting with a new topic, please change the subject line.
Please respect the “closed” atmosphere of The ListServe. Do not forward messages to nonmembers without prior written permission from the poster.
The ListServe is meant to stimulate conversation, not to create contention. Contradictory opinions are welcomed, but always be thoughtful and respectful of fellow subscribers.
Please refrain from posting any material that could be viewed as offensive to any group of people or organization. Personal remarks about the sender are not allowed.
If you are dissatisfied with this member benefit, your sole and exclusive remedy is to discontinue accessing and using this service.
The ListServe Subscribers May Not:
Messages may not encourage or facilitate members to arrive at any agreement on the following subjects: prices, discounts or terms or conditions of sale; salaries; commissions; profits, profit margins or cost data; or selection, rejection or termination of customers or suppliers. Submit any postings that violate or infringe upon the rights of others or that you do not have the right to make available. This includes material that constitutes an invasion of privacy or infringement of publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works thereof, without first obtaining permission from the owner or rightholder.
Submit any false, misleading or fraudulent postings.
Use The ListServe to promote advocacy efforts that are not sanctioned by CBONES or to gather information or data to support advocacy efforts.
Use The ListServe to communicate with potential subscribers in formal research of any kind, or to conduct market research, surveys, or academic studies.
Forward any postings to any third parties who are not subscribers to the CBONES ListServe or members of CBONES, without the prior written permission of the individual who posted the particular Posting.
CBONES may monitor The ListServe, although we have no obligation to do so. We do not screen or regularly review posted content, but reserve the right to remove, at our discretion, any content that we believe violates this Code.
CBONES will investigate any complaints of possible violations that come to our attention and take any action that we believe is appropriate, including, but not limited to issuing warnings, removing content and terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right to take no action.
Official Disciplinary Action
Upon the first violation, the subscriber will receive a written warning from a CBONES board member.
A second violation will result in a three-month suspension from The ListServe.
A third violation will result in immediate and permanent suspension of all The ListServe privileges.
The ListServe subscribers are encouraged to be familiar with Antitrust Laws and Regulations. The following link is provided as a resource only. Subscribers should always consult with their own legal counsel regarding such issues.
To provide constructive guidance to subscribers who wish to share economic information on The ListServes within legal boundaries, CBONES has developed a set of frequently asked questions (FAQs).
What kinds of information can be exchanged in The ListServe?
Members can exchange most any kind of information that is beneficial to subscribers, but must be careful with information that involves 1) prices of health care services charged or thirdparty reimbursement paid or 2) salary, wage and benefits information for health care personnel.
What should I avoid in The ListServe discussions of 1) prices of health care services or 2) salary, wage and benefits information for health care personnel?
Avoid specific price and salary information. Exchanges of price and salary information are a concern to government agencies with responsibility for enforcement of antitrust laws.
CBONES has determined that the ListServe exchanges cannot qualify for the “safety zone” described in that document and, therefore, cannot enable these ListServe discussions.
What are some examples of acceptable exchanges of pricing and compensation matters?
“We treat XYZ position as nonexempt.” “MGMA or AAOE’s Management Compensation Survey indicates that the median compensation level for that position is $X.” “In the past we have paid anywhere from dollar range for a CT Tech.” “Over the past two years, our average reimbursement has been dollar range for a code/procedure.” “Do you provide professional courtesy discounts?” “What is the compensation methodology your practice uses for designated health services?” “What kinds of insurer issues are you encountering on eligibility verification and retroactive adjustments?” “What is XYZ Insurance Company’s track record on prompt payment of claims?”
What are some examples of unacceptable exchanges of pricing matters?
“How much are you reimbursed for a code/procedure from ABC Health Plan?” “Our usual and customary charge for a code/procedure is $X.” “How much do you pay a CT Tech?” “Our group pays $X for a CT Tech.” “We don’t deal with payers who don’t reimburse us at least $X for a code/procedure.” “We urge all physicians not to contract with ABC Health Plan.”
Subscribers who post information considered unacceptable will be reminded to follow these guidelines and asked to refrain from posting such information.
How can exchanges of pricing information among members in different markets be anticompetitive or violate antitrust rules?
Subscribers share information with hundreds of people, not just the person to whom they are responding. A participant does not know the majority of the other subscribers and their locations. It is possible — and likely — that at least one of the recipients may be a competitor.
Where can one obtain additional information about antitrust issues as it relates the health care industry?
Because CBONES cannot provide legal advice to members, specific questions of compliance would be best directed to your attorney. In addition, the Justice Department and Federal Trade Commission offer “Statements of Antitrust Enforcement Policy in Health Care” (1996). It provides a brief outline of antitrust concerns related to health care.
The ListServe is open to any subscriber; it is intended for orthopaedic practice executives. It is not an appropriate place for patients to seek information regarding their own orthopaedic conditions.
The CBONES requires all subscribers who present information to remove all identifying information from historical data and images, and to comply with HIPAA restrictions regarding protected medical information.
We reserve the right to update or modify these Rules, at any time and without prior notice, by posting the revised version on this Site. These changes will be effective as of the date we post the revised version on this Site. Your use of this Site following any such change constitutes your agreement to be bound by the revised Rules.