The Last Bylaws Pitfalls is...

Our staff attorneys have spent more than a year reviewing hundreds of nonprofit bylaws.Here is what they learned about the most common legal pitfalls! Register Today: The New Legal Bylaw Pitfalls Every New York Nonprofit Should Know [Webinar] Click here. Just Announced! Special Discount on our Nonprofit Revitalization Act Remedial Action Planwill be offered to all attendees! The Next (and Last) Bylaw Pitfall (#5) Is: Having Overly Generalized Indemnification & Insurance Policies   The Problem When it comes to potential exposure to personal liability faced by board and staff members affiliated with nonprofits, many organizations fail to clearly and sufficiently stipulate what guarantees and protections they offer. In some cases, unfortunately, organizations don't even secure appropriate insurance necessary to truly honor their promises.  Virtually all nonprofits should, and do, endeavor to indemnify their stakeholders from legal claims arising as a result of their service to the organization. Such decisions, however, merit requisite due diligence.   Indemnification obligations are generally two-fold:   Coverage of expenses that might be incurred in defending a legal action; Payment of any judgments or necessary settlement fees How do nonprofit meet these obligations? For most nonprofits, only with appropriate insurance coverage can they truly honor their indemnification commitments.  In our experience, many nonprofits needlessly expose themselves, and their stakeholders, to liability and potentially disastrous financial obligations by simply adopting brief, catch-all indemnification and insurance clauses in their by-laws.  Carefully consider the following questions: Does the indemnification and insurance clause expressly require the nonprofit to procure insurance coverage appropriate for its organizational needs and does it provide for procedures to assure that such coverage is maintained and can be adjusted as needed as the organization evolves?  Assuming a nonprofit's by-laws obligate the organization to maintain insurance coverage for purposes of indemnification, are the by-laws clear as to those who are actually indemnified?  Are staff expressly indemnified?  What about volunteers?  If so, are the terms of the underlying insurance policies in sync with the by-laws? Should the nonprofit also guarantee corporate funds in order to indemnify a stakeholder if its insurance carrier were to refuse to pay or if actual damages exceeded coverage limits? Remember, insurance coverage has its limitations.  What discretion should a board of directors have, if any, in authorizing the indemnification of a stakeholder who acted in bad-faith or engaged illegal conduct while loosely acting on behalf of the nonprofit?  (An unfortunate example can be found here.)  Actions to Consider Read More about the limitations of insurance, please read the following recent Q&A  from the Nonprofit Risk Management Center. Scroll to the last question for the important question regarding what D&O insurance covers. You may also want to read the following:  Liability and the Board: What Governing Teams Need to Know What Do You Know About D&O Professional Liability and Governance Exposures: A Closer Look   For more information on NYCON's Members Only Directors & Officers Insurance (and to get a "Quick Quote") click here.

Upcoming Events & Webinars

March 17, 2015 from 11:00 AM to 12:30 PM  Strategic Restructuring for Nonprofits: A "Real World" Approach [Lunch & Learn Webinar] A  Special Event with Updates for 2015 by our CEO Doug Sauer   This thought provoking, insightful event will provide you with knowledge gleaned from decades of Doug's work with hundreds of nonprofits in various stages of formal restructuring, shared service models and, certainly, merger. Doug, perhaps more than anyone on the national nonprofit "scene," knows first hand that merger (or any type of structural "re-engineering" of your organization) is a serious solution to the very complex issues facing today's nonprofits. Join us on June 19th and learn from Doug's real world and very practical experiences. Doug will be talking about the variety of options available for restructuring a nonprofit, what the potential benefits and very real risks are -- as well as what the process of  "strategic restructuring" is really like. There will be time for Q&A at the end of the online session so make sure you take advantage of having our resident expert available to you.     March 20, 2015 from 1:00 PM to 2:00 PM  NYCON Membership Benefits Orientation [Webinar] REGISTER HERE! In our "Get to Know Us" Sessions, NYCON staff will tell you a lot more about our membership benefits - and answer all the questions you have regarding our process, costs and what you get for FREE.  We will be talking about these benefits... Nonprofit Training, Education and Professional Assistance NYCON empowers our members with the best practices, policies, and procedures as well as information on ever-changing regulations, funding, accountability and more.  We'll give you information on upcoming educational webinars and trainings, conferences like Camp Finance, as well as give you insight into our in-person, professional technical assistance, the costs and what options may potentially be available for funding for this kind of work. Cost Savings Solutions for Nonprofits NYCON leverages the purchasing power of thousands of nonprofits to bring you economies of scale on everything from Office Supplies to Fundraising Software.  We'll give you information (and pricing details) on all of these programs, including our "member's only" insurance programs (with special discounted rates) on Directors' & Officers' insurance - for your Board - to Dental, Life and Flexible Spending Account programs for your staff.  The Nonprofit Voice in New York State NYCON represents our members on the local, state and national level, giving voice to small and medium sized nonprofits everywhere.  Through our national network, and membership in the National Council of Nonprofits (of whom you are a member through your affiliation with NYCON) we have been able to affect legislation ranging from the Serve America Act to Healthcare reform.We will update you on pending federal or state legislation or issues affecting New York's nonprofit community       Plan Ahead for Spring! Upcoming Webinars... April 23, 2015 2:30 pm Online Tools to Help Nonprofits Learn, Listen & Engage In this Issue... Strategic Restructuring for Nonprofits Plan Ahead for Spring     Corporate Member SPOTLIGHT:   Master of Public Administration Program (MPA) at Marist College  The Master of Public Administration program (MPA) at Marist College prepares innovative leaders of public and nonprofit organizations with the knowledge, skills, and values necessary for effectively managing in a diverse, technologically engaged and global society. The MPA program's commitment to excellence in education is demonstrated through the integration of public administration theories with the practice of management in the public and non-profit sectors.  Interested in furthering your nonprofit career? Learn More....     Benefit Spotlight On: ReadyTalk: Audio & Web Conferencing If you like our webinar 'system' you already like ReadyTalk. NYCON is pleased to partner with ReadyTalk to bring members easy-to-use audio and web conferencing at great, low rates! Members pay only 3.9 cents per minute/per participant for voice conferencing and 7.9 cents per minute/per web conferencing, more than 70% off the regular price of ReadyTalk services. Learn More...

 

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Special Webinar Series on Medicaid Compliance

Everything You Ever Wanted to Know About Medicaid Compliance...But Were Afraid to Ask [Special Lunch & Learn Webinar Series]  Various Dates - April through June 2014 Free to NYCON Members; $75 for Nonmembers Register Today Medicaid Compliance... Medicaid Compliance Plans ... Medicaid Self Auditing...Medicaid Self-Disclosures... Medicaid Audits ... Medicaid fraud, waste and abuse...Office of the Medicaid Inspector General ... OMIG...If these words and phrases are part of a typical day at your nonprofit, we have designed the perfect series of webinars for you. In four 90-minute sessions we will be covering: Medicaid Compliance 101 & the Office of the Medicaid Inspector General (OMIG) Knowing Thy (Compliant) Self: How to Conduct a Medicaid Self Audit Self-Disclosure is Not a Four Letter Word!: Protocols & Procedures of Medicaid Self Disclosure Preparing For, and Surviving, an OMIG Medicaid Audit Participants will hear directly from experts in the field (including David R. Ross, former Acting Medicaid Inspector General for the State of New York, and David Rottkamp, CPA and leader of Grassi & Co.'s not-for-profit practice area) and get the practical information they need to provide appropriate oversight and management of Medicaid-funded programs, understand the role of the Office of the Medicaid Inspector General, and much more. See detailed session descriptions below. April 9th, 2014     11:00am to 12:30pm Medicaid Compliance 101 and the Office of the Medicaid Inspector General (OMIG) Changes to the oversight of the Medicaid program led to the creation of the OMIG. Learn about the OMIG's powers and duties, as well as its requirements for compliance plans and annual compliance certification for certain types of providers. Also learn about the importance of compliance and other compliance-related issues. Join our experts to hear about reducing Medicaid fraud, waste, and abuse before the Medicaid program is billed, and how to have systems that will identify when errors are made so that corrections can be initiated and made by providers. Provider misconduct, also known as "unacceptable practices," will be illustrated along with the various sanctions available to the OMIG, including exclusion from the Medicaid program and enrollment termination. A question and answer period will be provided. REGISTER   Webinars are free for NYCON Members Non-Members $75 per session or $275 for all four.  *If you would like to attend all four, please choose "Series Ticket" type. You will be automatically registered for each session through June. All webinars are from 11am to 12:30pm   May 15th, 2014     11:00am to 12:30pm Know Thy (Compliant) Self: How to Conduct a Medicaid Self Audit Part of any provider's compliance program is their compliance plan, and the key part of any compliance plan is the concept of risk assessment and self auditing. This means identifying where errors are most likely to be made, and then reviewing your Medicaid claims and documentation for compliance with applicable requirements. Hypotheticals for risk assessment and self audit will be discussed. As participants will hear, self auditing can be the best preventative medicine. A question and answer period will be provided. REGISTER   Webinars are free for NYCON Members Non-Members $75 per session or $275 for all four.  *If you would like to attend all four, please choose "Series Ticket" type. You will be automatically registered for each session through June. All webinars are from 11am to 12:30pm   June 5th, 2014    11:00am to 12:30pm Self-Disclosure is Not a Four Letter Word! Protocols & Procedures of Medicaid Self Disclosure Under Obamacare, providers are required to report, repay and explain all Medicaid overpayments received. Learn what "overpayments" are, the sixty day rule, and the federal False Claims Act, which imposes potentially severe civil liability on providers for failing to self-report, repay and explain overpayments received. Learn how to handle routine overpayment situations and also when to seek advice on non-routine matters. A question and answer period will be provided. REGISTER   Webinars are free for NYCON Members Non-Members $75 per session or $275 for all four.  *If you would like to attend all four, please choose "Series Ticket" type. You will be automatically registered for each session through June. All webinars are from 11am to 12:30pm   June 19th, 2014    11:00am to 12:30pm Preparing for and Surviving an OMIG Medicaid Audit This workshop will provide you with an overview of how an OMIG Medicaid audit is conducted and how the audit process works. Learn how to prepare for the audit, how to interact with the auditors when they arrive, and when to seek counsel. Potential defenses to audit findings will also be briefly covered. A question and answer period will be provided.  REGISTER   Webinars are free for NYCON Members Non-Members $75 per session or $275 for all four.  *If you would like to attend all four, please choose "Series Ticket" type. You will be automatically registered for each session through June. All webinars are from 11am to 12:30pm

Upcoming Webinars & Events

Budgeting Process Best Practices for the Small Nonprofit [Lunch & Learn Webinar]  Presented by Michelle Jarvais, CFO and Elizabeth Mathews, Sr. Accountant, NYCON February 21st, 2014    11:00am to 12:30pm EST Free for NYCON Members Only; $50 for Non-Members Register A good budgeting process engages everyone who is responsible for that budget and implementing its priorities. Even in a small nonprofit this process can get complicated. As budgeting decisions are, of course, driven both by mission and by financial need, both fiscal; and senior program staff participation is a necessity. The process should include enough time for review of the strategic priorities and goals of the organization and also allow for review, feedback, revisions, etc. Managing this process is a serious responsibility across different "teams" within your organization - or for a small nonprofit - may include everyone on staff!  Then - once a budget is in place - how do you manage this "living, breathing" document? Because as we all know, things change frequently in the world of a nonprofit. Participants in this workshop will learn practical tips to start, manage and stay on task during this critical process and throughout the year. "Get to Know Us": NYCON Membership Benefits Orientation [Webinar]  Presented by Valerie Venezia, VP of Membership & Marketing, NYCON  February 21st 10:00am - 11:00am  Free & Open to All  Register Today  In our "Get to Know Us" Sessions, NYCON staff will tell you a lot more about our membership benefits - and answer all the questions you have regarding our process, costs and what you get for FREE.     We will be talking about these benefits... Nonprofit Training, Education and Professional Assistance NYCON empowers our members with the best practices, policies, and procedures as well as information on ever-changing regulations, funding, accountability and more.  Cost Savings Solutions for Nonprofits NYCON leverages the purchasing power of thousands of nonprofits to bring you economies of scale on everything from Office Supplies to Fundraising Software. The Nonprofit Voice in New York State NYCON represents our members on the local, state and national level, giving voice to small and medium sized nonprofits everywhere. Find out how NYCON Membership will benefit you by attending this 1-hour session. Complying with the Nonprofit Revitalization Act:  Practical Webinars for New York NonprofitsPresented by David Watson, Esq, Sr. VP of Legal Accountability Services, NYCON and Michael West, Esq., Legal Advisor, NYCON  Various Dates: February 2014 - June 2014 .Webinars are held from 11am to 12:30pm.   Register Today The Nonprofit Revitalization Act is a landmark change in the Not-for-Profit Corporation Law of the State of New York and will usher in a modern era for the operation and governance of nonprofit corporations starting July 1, 2014. As always, here at the New York Council of Nonprofits, Inc. (NYCON) your one-stop tool box and soap box we eagerly anticipated the updated statutes and have prepared a practical webinar series to address your immediate needs in the updating of your bylaws and governance materials. We encourage all of our Members to take advantage of these webinars. Part 1: New York Nonprofit Revitalization Act Part- Steps To Compliance - An Overview A comprehensive overview of the Act to take place with a plenary Q/A portion to be held in February, April & June. This offering will provide you with an overview and a practical set of actions to take to amend your bylaws to meet the new standards of the Act. Dates: February 27th, April 24th, June 26th Part 2:  New York Nonprofit Revitalization Act: Implementing YourCompliance Checklist - Whistleblower, Conflict of Interest, Committees & Executive Compensation: These webinars will be held In March and May will be a more detailed and focused on the various topics included in the Act that are new and have implications on Board governance in general and your operations specifically. Click here to register. Dates: March 25th and May 20th      Cost: FREE for current NYCON Nonprofit Members; $79 for Non-Members. All webinars are from 11:00am to 12:30pm.   Your Spring "Check Up": Conducting a Governance Self-Assessment [Lunch & Learn Webinar] Presented by Susan Weinrich, Vice President of Organizational Development Services, NYCON March 28th, 2014   11:00am to 12:30pm EST Register Organizational assessments, in general, provide an overview of a nonprofit's status and capabilities with respect to successfully meeting current obligations and potential to more effectively and efficiently accomplish its mission. It is an evaluation of a nonprofit's condition or situation within a multi-faceted and continually evolving context. Assessments can identify areas and provide recommendations where corrective actions, improvements or other changes are necessary and/or will yield the greatest benefit to the health and success of the nonprofit. In this NYCON webinar our presenter will be focusing specifically on how to assess your organization's Governance structure and process to ensure compliance and to ensure that these mechanisms are delivering the maximum return on your staff and board members' investment of time and resources -- and ultimately making the most impact on your nonprofit's mission.