No Value: PRACTICEWORX, LLC vs. C&C CREDENTIALING SERVICES LLC

On June 02, 2020 a No Value was filed involving a dispute between Practiceworx, Llc, and C&C Credentialing Services Llc, Duncan, Lisa, for CIRCUIT CIVIL in the District Court of Osceola County.

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Filing # 187951982 E-Filed 12/13/2023 01:10:17 PM

IN THE CIRCUIT COURT OF THE 9%
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA

CASE NO. 20-CA-1467

PRACTICEWORX, LLC, a
Florida limited liability company,

Plaintiff,
vs.

C&C CREDENTIALING SERVICES LLC,
a Florida LIMITED LIABILITY COMPANY,
and LISA DUNCAN, an individual,

Defendants.

PLAINTIFF, PRACTICEWORX, LLC’S,
MOTION TO CONTINUE TRIAL DATE

Plaintiff, PRACTICEWORX, LLC, by and through undersigned counsel, hereby files this

Motion to Continue Trial, and as grounds states as follows:

1 On June 2", 2020, PracticWorx filed its Complaint against C&C Credentialling

Services, LLC, and Lisa Duncan seeking damages, and injunctive relief. See Complaint attached

hereto as “Exhibit A.”

2. PracticeWorx is claiming that Lisa Duncan breached her duty of loyalty to

PracticeWorx as an employee working for PracticeWorx. /d.

3 Further, PracticeWorx is claiming that Lisa Duncan and C&C Credentialing

Services, LLC, misappropriated trade secrets pursuant to Florida’s Uniform Trade Secrets Act. Jd.
CASE NO. 20-CA-1467

4 Lastly, PracticeWorx is claiming tortious interference with PracticeWorx’s

advantageous business relationships by both Lisa Duncan and C&C Credentialing Services, LLC.

Id.

5 An order was made on November 15", 2023, by this Honorable Court setting trial

in this lawsuit to begin on December 27", 2023. See Order Setting Trial attached hereto as “Exhibit
B”

6. Although Practice Worx was fully ready to attend trial on December 27", 2023, due

to unfortunate and unforeseeable circumstances, the lead attorney for PracticeWorx, Kimare Dyer,

suffered a serious foot and ankle injury that resulted in her having to undergo surgery on December

1*, 2023.
1
Ms. Dyer resides in Miami-Dade County and is currently severely limited in her

physical movement as she recovers from her surgery. Ms. Dyer unfortunately does not expect that

she will be physically able to attend trial in Osceola County on December 27", 2023.

8 Accordingly, PracticeWorx respectfully requests that this matter be removed from

the trial docket for December 27'", 2023, and that the parties select another trial docket and re-

notice the matter for trial at a later date.

9 Florida Rule of Civil Procedure 1.460 allows for the continuance of a trial if good

cause is shown. Fla. R. Civ. P. 1.460.

10. This case has not been a subject of a prior continuance, and PracticeWorx is not

requesting this continuance for purposes of delaying this action. Defendants will not be prejudiced

if this case is continued to a trial docket in the future, especially given Defendants’ lack of response

in this case. However, PracticeWorx will be greatly prejudiced if the Court refuses to grant a

continuance. Florida law provides that it is within the discretion of this Honorable Court to grant
CASE NO. 20-CA-1467

PracticeWorx’s Motion to Continue Trial. State v. Florida State Turnpike Authority, 134 So.2d 12

(Fla. 1961); see also Glades General Hospital v. Louis, 411 So.2d 1318, 1319 (Fla. 4" DCA 1981).

11. Due to the reasons outlined above, PracticeWorx will be severely prejudiced if Ms.

Dyer is not the attorney advocating on behalf of PracticeWorx in this matter, as she is the person

who has worked most closely with this matter and has the most knowledge regarding the claims

set forth by PracticeWorx.

12. “Factors to be considered in determining whether the trial court abused its

discretion in denying the motion for continuance include whether the denial of the continuance

creates an injustice for the movant; whether the cause of the request for continuance was

unforeseeable by the movant and not the result of dilatory practices; and whether the opposing

party would suffer any prejudice or inconvenience as a result of the continuance.” Fleming v.

Fleming, 710 So.2d 601, 603 (Fla. 4" DCA 1998).

13. Ms. Dyer’s unfortunate injury and subsequent surgery was not foreseeable, and the

Defendants in this matter will not suffer any prejudice or inconvenience as a result of the

continuance, especially given Defendants’ overall lack of responses in this matter.

14. However, PracticeWorx will be greatly prejudiced in this matter as a new,

unfamiliar attorney would have to step in on behalf of Ms. Dyer and advocate on behalf of

PracticeWorx at trial.

15. It is respectfully submitted that the reasons for granting a continuance are

outweighed by the reasons for denying it.

16. This Motion is being filed in good faith and not for purposes of delay.

17. PracticeWorx consents to this Motion. See Consent Form attached hereto as

“Exhibit C.”
CASE NO. 20-CA-1467

18. Pursuant to local rules and the Florida Rules of Civil Procedure, Plaintiff,

PracticeWorx, by and through its undersigned counsel, has contacted Defendants to make a good

faith effort to get Defendants’ position on continuance of trial, prior to scheduling this Motion for

a hearing before this Court.

WHEREFORE, and in light of the foregoing reasons, Plaintiff, PRACTICEWORX, LLC,

respectfully requests that this Honorable Court enter an Order which continues trial of this matter

and grant any other such relief as this Honorable Court deems just and necessary.

Respectfully submitted,

QUINTAIROS, PRIETO, WOOD & BOYER, P.A.
Counsel for Plaintiff; Practiceworx, LLC

By: /s/ Chase M. Clouser
Reginald J. Clyne, Esq.
Florida Bar No.: 654302
Kimare S. Dyer, Esq.
Florida Bar No.: 469920
Chase M. Clouser, Esq.
Florida Bar No.: 1049194
9300 S. Dadeland Blvd., 4th Floor
Miami, FL 33156
Tel: (305) 670-1101
Fax: (305) 670-1161
Reginald.Clyne@qpwblaw.com
Kimare.Dyer@qpwblaw.com
Chase.Clouser@qpwhlaw.com
Lisa.Butts@qpwblaw.com
Cecilia. Quevedo@aqpwblaw.com
CASE NO. 20-CA-1467

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on December 13, 2023 a true and correct copy of the foregoing

was filed via the Court’s E-Filing Portal, and a copy was served, via U.S. Mail, upon Defendants,

C&C Credentialing and Lisa Duncan as follows:

Lisa Duncan, CEO
C&C Credentialing
P.O. Box 503
Winter Haven, FL 33880

/s/ Chase M. Clouser
Chase M. Clouser, Esq.
Filing # 108273489 E-Filed 06/02/2020 02:54:54 PM

EXHIBIT "A"
IN THE CIRCUIT COURT OF THE 9TH
JUDICIAL CIRCUIT, IN AND FOR
OSCEOLA COUNTY, FLORIDA

CASE NO. 20-CA-

PRACTICEWORX, LLC, a
Florida limited liability company,
Plaintiff,

vs,

C&C CREDENTIALING SERVICES LLC,
a Florida LIMITED LIABILITY COMPANY,
and LISA DUNCAN, an individual,
Defendants.
/

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
Plaintiff, PRACTICEWORX, LLC, a Florida limited liability company (“Practice Worx”

or “Plaintiff’), by and through its undersigned Counsel, sues Defendants, C&C

CREDENTIALING SERVICES LLC, a Florida limited liability company (“C&C”), and LISA

DUNCAN (“Duncan”), an individual, and alleges:

1 PracticeWorx brings this action for injunctive relief and damages in excess of

$30,000.00, exclusive of attorneys’ fees, interest and court costs as a result of C&C’s and/or

Duncan’s unlawful misappropriation and use of confidential trade secrets, including but not

limited to PracticeWorx’s customer list and client portals in order to improperly compete and

divert business opportunities from Plaintiff to C&C.

2. PracticeWorx is a Florida limited liability company and is based in Osceola

County, Florida.

3 PracticeWorx is in the business of working with medical providers and ensuring

that their medical staff is properly credentialed with facilities and insurance companies.
4 C&C is a Florida limited liability company with its principal place of business in

Tampa, Florida that also performs work with medical providers to ensure their medical staff is

properly credentialed with facilities and insurance companies, identical to Practice Worx.

5 Lisa Duncan is an individual who resides in Winter Haven, Florida.

6 Duncan is a former employee of PracticeWorx, who held a supervisory position at

the Company.

7 While employed at Practice Worx, Duncan formed, established and operated C&C

for about one year and used confidential information wrongfully obtained from Practice Worx to

obtain clients and business opportunities for C&C.

8 Venue for this action is proper in this Court.

BACKGROUND FACTS

9 In August 17, 2015, Duncan commenced her employment with Plaintiff.

10. Duncan was promoted to a supervisory position, Lead Credentialing Specialist, by

Practice Worx on August 30, 2018.

1. As a condition of employment with PracticeWorx, all Practice Worx employees

agreed to the terms of the PracticeWorx Employee Handbook (the “Handbook;” a portion is

attached hereto as Exhibit A).

12, Section 10 of the Handbook is entitled “Confidentiality Agreement” and states:

It is the policy of Practice Worx that all employees review, sign and adhere to a
confidentiality statement,

PROCEDURES

When hired, each new employee receives a confidentiality statement to read, sign,
and have witnessed. Because all employees have access to confidential
Practice Worx information and trade secrets, in whole or in part, all employees are
required to read and sign the Information Systems and Health Information
Confidentiality Agreement (see below).
This signed statement is kept on file in the employee’s personnel file.

Among the ten (10) statements that each employee is to understand and agree to in the

Information Systems and Health Information Confidentiality Agreement Section of the

Handbook, are the following statements:

1 I agree not to disclose or discuss any patient, human resources, payroll,
fiscal research, management/acministrative information or other
confidential information with others, including friends, or family, who do
not have a need-to-know....

10. I agree to make only authorized entries for inquiry and changes in any
Customer System and not to disclose any confidential information.

See Exhibit A.

13. The PracticeWorx Handbook that Duncan signed and agreed to comply with

contains a section concerning Remote Employees, which contains an acknowledgement that she

would return “company owned property/equipment to my manager as soon as possible.” See

Exhibit A, Section 33.

14. Additionally, Duncan agreed in the Remote Employee Section to the following

“Work Schedule: Full-time 5 days/week; Work Hours 8-4:30.”

15. The Remote Employee provision of the Handbook also has a statement that the

employee is to acknowledge that states: “I understand that it is my responsibility to ensure that

my work environment is distraction-free....”

16. Further, the Remote Employee provision includes a statement concerning

“Compliance with Confidentiality” and requires each employee to, among other things:

. Lock or secure confidential information at all times ....

. Keep confidential documents and or information secure at all times...
17. As expressed in the Handbook, all PracticeWorx employees were prohibited from

revealing Practice Worx’s confidential information.

18. PracticeWorx has expended considerable money and time developing and

maintaining proprietary and valuable information, including but not limited to, customer lists and

portals to clients; financial information; marketing strategies, new materials research, pending

projects and proposals; and company practices and procedures. These rights and assets

(“PracticeWorx Trade Secrets”) have been (and remain) the life blood of Practice Worx’s

business.

19. Tissemination of PracticeWorx’s Trade Secrets to its actual or potential

competitors will enable them to compete unfairly with PracticeWorx and will significantly and

adversely impact Practice Worx’s business operations and future contract opportunities.

20. Duncan independently obtained and possessed knowledge of Practice Worx’s

confidential trade secrets while as a supervisory employee of Practice Worx.

21. Duncan misappropriated Practice Worx’s confidential trade secret information to

equip and assist C&C to obtain clients from PracticeWorx and opportunities that should have

been available to Practice Worx.

22. All conditions precedent to the commencement and maintenance of this action

have been performed, occurred or waived

23. Practice Worx has retained the Undersigned Counsel to prosecute this action and

has agreed to pay them a reasonable fee for their services.
COUNT I

DUNCAN’S BREACH OF LOYALTY OWED TO PRACTICEWORX

24, Practice Worx repeats and reincorporates the allegations in Paragraphs 1 through

23 as though fully set forth herein.

25. For over a year prior to leaving her employment with PracticeWorx, during her

Work Schedule with PracticeWorx, Duncan secretly and without informing her supervisor at

PracticeWorx that she was working on forming, establishing and obtaining clients for C&C,

26. In fact, Duncan was being paid by Practice Worx for her services dedicated to it

and not for work. for her new company, C&C.

27. By holding a supervisory position, Duncan was thoroughly familiar with

PracticeWorx’s confidential trade information, had actual knowledge of the confidentiality

provisions of the Handbook and was otherwise bound to maintain the confidentiality of

Practice Worx’s sensitive information,

28. Duncan also had actual knowledge that all Intellectual Property (including Trade

Secrets) was owned and claimed by Practice Worx,

29, Dunean’s role and duty while at PracticeWorx included the protection of

Practice Worx’s confidential trade information fiom being leaked to or acquired by actual or

potential competitors.

30, As a high-level manager at Practice Worx, Duncan had access to Practice Worx’s

Trade Secrets located on PracticeWorx’s secure computer network, including portals for

Practice Worx’s clients, which maintained even more confidential information about each client

and its relationship with Practice Worx.
31, Further, as a high-level manager at PracticeWorx, Duncan had a duty to keep

Practice Worx Trade Secrets confidential, to act with utmost loyalty to PracticeWorx and not to

usurp or injure Practice Worx’s corporate business opportunities, and not to compete directly

with Practice Worx.

32, Duncan breached her duty to maintain the confidentiality of PracticeWorx Trade

Secrets.

33. Such conduct amounted to a disloyal act and a breach of not only the Employee

Handbook but a breach her agreement of employment with and loyalty to Practice Worx.

34. Moreover, Duncan clearly breached both when she misappropriated and used

PracticeWorx’s confidential and proprietary information in order to contact, solicit and

misappropriate PracticeWorx’s former and present clients and compete directly with

Practice Worx.

WHEREFORE, Plaintiff, PracticeWorx, LLC, respectfully requests that this Court enter

a judgment against Duncan for compensatory damages, attorneys’ fees and reasonable court

costs and all other relief that this Court deems proper and reasonable.

COUNT IT

MISAPPROPRIATION OF TRADE SECRETS BY DUNCAN PURSUANT TO
FLOREIDA’S UNIFORM TRADE SECRETS ACT, FLORIDA STATUTES

35. Practice Worx repeats and teincorporates the allegations in Paragraphs 1 through

23 as though fully set forth herein.

36. PracticeWorx’s confidential and proprietary customer list and client portals and

information to which Duncan had access while employed by PracticeWorx, constitute “trade

secrets” within the meaning of Florida Statutes § 688.002(4), as it includes formulas, patterns,

compilations, programs, log-in information and work product setting forth containing
confidential information of PracticeWorx’s clients, cost, margin and pricing data, having

independent actual or potential economic value as a result of it not being generally known to, and

not being readily ascertainable by proper means by others who can obtain economic value from

its disclosure or use and which has been the subject of reasonable efforts by PracticeWorx to

maintain its secrecy.

37. As set forth above, PracticeWorx took all reasonable steps under the

circumstances to maintain the secrecy of its trade secrets,

38. Duncan knowingly misappropriated PracticeWorx Trade Secrets by theft,

misrepresentation and/or improper and disloyal means and breached her duties to act with loyalty

to PracticeWorx and to maintain the secrecy of Practice Worx Trade Secrets within the meaning

of Florida Statutes § 688.002(2).

39. Duncan knew that she was obligated to safeguard PracticeWorx’s data but

intentionally offered to disseminate to C&C, and did disseminate to C&C, PracticeWorx Trade

Secrets to assist C&C in competing with Practice Worx for clients.

40. Duncan did so for her personal economic gain.

41. Duncan disclosed and/or used Practice Worx Trade Secrets without the express or

implied consent of PracticeWorx and at a time when Duncan knew or had reason to know that

her dissemination of the trade secrets was unlawful.

42. Duncan’s misappropriation of Practice Worx Trade Secrets has resulted in injury

and irreparable harm to PracticeWorx. Duncan has placed PracticeWorx’s records or data

(including Practice Worx Trade Secrets) into the hands of C&C which has been and is continuing

to compete against PracticeWorx for business, Practice Worx continues to be damaged but has no

adequate remedy at law.
43, Duncan’s misappropriation and use of the PracticeWorx Trade Secrets will

continue unless restrained,

44, An order granting injunctive relief to require Duncan to return the Practice Worx

Trade Secrets and enjoining Duncan from disclosing and using Practice Worx Trade Secrets will

serve the public interest.

45. There is a substantial likelihood that Practice Worx will succeed on the merits of

its claims against Duncan.

46. Duncan’s misappropriation of PracticeWorx Trade Secrets was willful and

malicious; therefore, PracticeWorx is entitled to recover its attorney’s fees from Duncan

pursuant to Florida Statutes § 688.005.

WHEREFORE, Plaintiff, PracticeWorx, LLC, respectfully requests that this Court enter

a judgment against Duncan for:

(a) Injunctive relief by way of preliminary and permanent injunctions to require

Duncan and her agents to return the PracticeWorx Trade Secrets pursuant to

Florida Statutes § 688.003(3) and to enjoin Duncan and her agents from

disclosing and using PracticeWorx Trade Secrets pursuant to Florida Statutes §

688.003(1);

(6) PracticeWorx’s damages for Duncan’s misappropriation of PracticeWorx Trade

Secrets and for Duncan’s unjust enrichment caused by her misappropriation of

PracticeWorx Trade Secrets pursuant to Florida Statutes § 688.004(1), as well as

exemplary damages in an amount up to twice any award herein, pursuant to

Florida Statutes § 688.004(2) for Duncan’s willful and malicious

misappropriation;
(c) PracticeWorx’s reasonable attorneys’ fees based on Duncan’s willful and

malicious misappropriation of Practice Worx’s trade secrets, pursuant to Florida

Statutes § 688,005;

(d) Practice Worx’s costs and prejudgment interest; and

COUNT IL

MISAPPROPRIATION OF TRADE SECRETS BY C&C PURSUANT TO
FLORIDA’S UNIFORM TRADE SECRETS ACT, FLORIDA STATUTES

47. PracticeWorx repeats and reincorporates the allegations in Paragraphs 1 through

23 as though fully set forth herein.

48. Based upon her prior employment with PracticeWorx, Duncan possessed

knowledge of Practice Worx Trade Secrets,

49. In order to compete unfairly with Practice Worx for PracticeWorx’s clients, C&C

obtained Practice Worx’s client list from Duncan, an officer and director of C&C.

50. Without Duncan’s assistance, C&C could not have competed with Practice Worx

for its clients.

Sl. C&C knowingly misappropriated Practice Worx’s Trade Secrets by
misrepresentation and/or improper means under Florida Statutes §688.002(2) by seeking out and

utilizing PracticeWorx Trade Secrets without the express or implied consent of PracticeWorx,

and at a time when C&C knew or had reason to know that the trade secrets were acquired by

improper means or could not be disclosed lawfully to C&C or any other competitors of

Practice Worx.
52. C&C’s misappropriation of Practice Worx Trade Secrets has resulted in injury and

irreparable harm to PracticeWorx. C&C could not have obtained many of the clients that it did

without using Practice Worx’s Trade Secrets,

53. C&C’s misappropriation and use of the PracticeWorx Trade Secrets will continue

unless restrained,

54. An order granting injunctive relief to require C&C to return the Practice Worx

Trade Secrets, and enjoining C&C from disclosing and using PracticeWorx Trade Secrets, will

serve the public interest.

55. There is a substantial likelihood that PracticeWorx will succeed on the merits of

its claims against C&C.

56. C&C’s misappropriation of PracticeWorx Trade Secrets was willful and

malicious; therefore, PracticeWorx is entitled to recover its attorney’s fees from C&C pursuant

to Florida Statutes § 688.005.

WHEREFORE, Plaintiff, PracticeWorx, LLC, respectfully requests that this Court enter

a judgment against C&C for:

(a) Injunctive relief by way of preliminary and permanent injunctions to require C&C

and its agents to return the PracticeWorx Trade Secrets pursuant to Florida

Statutes § 688.003(3) and ta enjoin C&C and its agents from disclosing and using

Practice Worx Trade Secrets pursuant to Florida Statutes § 688.003(1);

(b) Injunctive relief by way of a preliminary and permanent injunction to require C&C

and its agents and/or representatives to return the PracticeWorx Trade Secrets

pursuant to Florida Statutes § 688.003(3), and to enjoin C&C and its agents
and/or representatives from disclosing and using PracticeWorx Trade Secrets

pursuant to Florida Statutes § 688.003(1);

(e) PracticeWorx’s damages for C&C’s misappropriation of PracticeWorx Trade

Secrets (including without limitation, professional fees and expenses incurred in

remedying C&C’s wrongful competition with PracticeWorx), and for C&C’s

unjust enrichment caused by their misappropriation of PracticeWorx Trade

Secrets pursuant to Florida Statutes § 688.004(1) as well as exemplary damages in

an amount up to twice any award herein, pursuant to Florida Statutes § 688.004(2)

for C&C’s willful and malicious misappropriation;

(d) Practice Worx’s reasonable attorneys’ fees based on C&C’s willful and malicious

misappropriation of Practice Worx’s trade secrets, pursuant to Florida Statutes §

688,005;

(¢) Practice Worx’s costs and prejudgment interest; and

(h) such other and further relief as this Court deems just, equitable and proper.

COUNT IV

TORTUOUS INTERFERENCE WITH PRACTICEWORX’S
ADVANTAGEOUS BUSINESS RELATIONSHIPS

37, Practice Worx repeats and reincorporates the allegations in Paragraphs 1 through

23 as though fully set forth herein,

58. PracticeWorx has/had an advantageous business relationship with its clients

during the period of time that Duncan was employed by it.

59. Duncan, individually and as an officer of C&C, had direct or indirect knowledge

of PracticeWorx’s advantageous business relationship and pending transactions and

communications between the parties thereto.
60. Duncan, individually and as an officer of C&C, knowingly attempted to interfere

with Practice Worx’s advantageous business relationships.

61. Given the brash nature of Duncan’s actions and conduct in using Practice Worx’s

confidential information and log-ins to its client’s portals, it is likely that she engaged in

additional similar conduct or plans to do so in the immediate future.

62. Practice Worx will suffer further irreparable harm is Duncan and C&C are able to

continue to interfere with its advantageous business relationships.

63. Practice Worx does not have an adequate remedy at law.

64. General public interest will be served by the prevention of further interference by

Duncan and C&C with Practice Worx’s advantageous business relationships.

WHEREFORE, Plaintiff, PracticeWorx, LLC, respectfully requests that this Court enter

a judgment against Duncan and C&C, jointly and severally, for compensatory damages, costs

and injunctive relief and such other relief as this Court deems just and proper.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Complaint for Damages and
Injunctive Relief has been has been filed with the Court via the Florida E-Portal System this an
day of June, 2020, and was provided to an authorized process server for service upon the
Defendants.

/s/ Philip J, Kantor
By: PHILIP J. KANTOR, Esq.
Florida Bar No, 435597
QUINTAIROS, PRIETO, WOOD & BOYER, P.A.
pkantor.pleadings@apwblaw.com
One East Broward Boulevard, Suite 1200
Fort Lauderdale, FL 33301
Tel: (954) 523-7008/Fax (954) 523-7009
ROBIN N. KHANAL, Esq.
Florida Bar No.: 0571032
RNK.Pleadings@qpwblaw.com
Orlando, Florida 32801
Tel: (407) 872-601 1/Fax: (407) 872-6012
PracticeWorx Employee Handbook
POLICY + | Working Hours
POLICY + 2 Employee Classifications
POLICY + 3 Wage and Salary Administration
POLICY + 4 Timekeeping
POLICY + 5 Direct Deposit
POLICY + 6 Equal Employment Opportunity
POLICY + 7 Employment Processing
POLICY « & Selection Steps
POLICY + 9 Orientation and Training
POLICY +10 Confidentiality Agreement
POLICY «11 DRESS Code
POLICY +12 INSURANCE. Benefits
POLICY +13 WORKERS Compensation Claims Management
POLICY +14 MEETINGS and Training
POLICY +15 ABSENTEEISM and Tardiness
POLICY *16 PAID TIME OFF
POLICY +17 FAMILY and Medical Leaves of Absence
POLICY +18 TIME OFF REQUEST
POLICY +19 PAID Holidays
POLICY +20 ADVERSE Weather Conditions
POLICY °21 BEREAVEMENT Leave
POLICY +22 JURY Duty
POLICY +23 VOTING Leave
POLICY +24 ALCOHOL Consumption on the Premises
POLICY +25 DRUG and Alcohol Use
POLICY +26 SMOKING
POLICY +27 USE of Company Property
POLICY +28 PERSONAL Phone Calls
POLICY +29 DISCIPLINARY Guidelines
POLICY *30 EMPLOYEE Conduct
POLICY *3! HARASSMENT and Discrimination
POLICY +32 HIPAA TRAINING AND COMPLIANCE
POLICY +33 REMOTE EMPLOYEES

ADDENDUM - JOB DESCRIPTIONS AND EVALUATIONS

EXHIBIT A
PERSONNEL *« POLICY 10

Confidentiality Agreement

It is the policy of Practice
Worx that all employees review, sign, and adhere to a confidentiality statement.

PROCEDURES

‘When hired, each new employee receives a confidentiality statement to read, sign, and have witnessed. Because all
employees have access to confidential PracticeWorx information and trade secrets, in whole or in part, all employees are
required to read and sign the Information Systems and Health Information Confidentiality Agreement (sce below).
This signed statement is kept on file in the employee’s personnel file.

22
PRACTICEWORX
Information Systems and Health Information Confidentiality Agreement

Certain customers of PracticeWorx have a legal and ethical responsibility to safeguard the privacy of patients and to
protect the confidentiality of their health information. Additionally, certain customers of Practice Worx must assure the
confidentiality of human resources, payroll, fiscal, research, computer systems and management/administrative
information.

Ta the course of my association with PracticeWorx (whether as an employee or independent contractor), | may come into
the possession of confidential information at the Customer location where I am assigned, In addition, any personal access
code “user ID(s)” and password(s) used to access computer systems is also an integral aspect of this confidential
information,

By signing this document, I understand and agree to the fol.owing:
1 I agree not to disclose or discuss any patient, human resources, payroll, fiscal research, management/administrative
information or other confidential information with others, including friends, or family, who do not have a need-to-
know, I understand that patient information includes, but is not limited to, the medical records of my family, friends,
co-workers, and myself
L agree not to access any patient, human resources, payroll, fiscal, research, management/administrative information
or other confidential information or utilize equipment, other than that which is required to do my job, even for
personal reasons.
I agree not to discuss patient, human resources, payroll, fiscal, research or management/administrative information
where others can overhear the conversation, e.g. in hallways, on elevators, in the cafeteria, in a car, on public
transportation, at restaurants, or at social events. It is not acceptable to discuss clinical information in public areas,
even ifa patient’s name is not used.
I agree not to make inquiries into any recorés or system for other personnel who do not have proper
authority,
I agree not to inform another person ofmy computer password or knowingly use another person’s computer
password instead of my own for any reason unless authorized by the Customer.
Tagree not to make any unauthorized transmissions, inquiries, modifications, or purging of data in any system. Such
unauthorized transmissions include, but are not limited to, removing and/or transferting data from computer systems
to unauthorized locations, e.g. home.
I understand when utilizing or interacting with others regarding patient, human resources, payroll, fiscal,
research, management information or other confidential information, this must be limited to authorized
personnel
L agree to log off, lock or shutdown my computer o terminal prior to leaving it unattended.
| agree to inform my manager, supervisor, or other appropriate personnel at PracticeWorx of any privacy or security
breach I observe or about which I become aware.
10. T agree to make only authorized entries for inquiry and changes in any Customer system and not to disclose any
confidential information.
1 understand that violation of this agreement may result ir. corrective action, up to and including suspension and loss of
Customer privileges or termination of employment or association with Practice Worx,

Signature of Employee/Contractor Printed Name Date

Witness Date

To Be Filed in Personnel Record of Employee/Contractor

Remote Employees
Effective March (1, 2019 Practice Worx will atlow a Credentialing Coordinator/Specialist to work remotely from home
under the following conditions:
1, Employee must have completed at feast { year with the company and be in youd standing,
2, Bmployee must agree too and sign off on the Remote Employee Statement of Expectations as outlined below,

PracticeWor'x Remote Employee Statement of Expectations
‘This “Statement of Expectations” is to be completed and signed by the employee and manager prior to participating in 4
remote, work-from-home arrangement,
Asa condition of working remotely, I understand and acknowledge the following:
General Guidellucs/Conditions
e L understand that working from home or other non-traditional work settings imposes additional responsibilities
on me us an employee, as uullined iy this document and others, or as may be prescribed by my manager,
T understand that all company policies will continue to apply to me while I work remotely. If] have any
questions about the application of a company policy in a remote work setting, 1 will raise them to my manager,
I understand my manager's expectations of me while I am in a remote work setting.
I will adhere (o the work schedule agreed to with my manager, including all scheduled breaks and meal periods,
I will select a work space in my home that is clean and separate from the general Jiving areas with access (0
high speed internet in order to provide an approprlate connection to the company's remote server and VOIP
phone system,

Attention to Work Duties
. Lunderstand that it is my responsibility to cnsure that my work cnvironment is distraction-free and free from
background noise during work time. I farther understand that [fhome distractions or background noise
negatively affects the business or my job performance, it may be cause for disciplinary action and/or
termination of my ability fo work remotely,

Compliance with Policies
. Social Media:
° We allow employees to access their personal account: poradicailly during work hours, but we expect
them to act responsibility and ensure their productivity isn't affected. Using social media excessively
while at work can redhice efficiency and concentration. Under no circumstances, should your personal
accounts be accessed using a company computer,

. Confidentiality:
o Asaremote employee, I understand the importance of maintaining a secure and confidential work
space aren, As a remote employee, I will ensure the following:
. Lock or secure confidential information at all times (including computer security, focking
screen whet: computer fs not in use)
Shred Confidential documents when they're no longer needed
Keep confidential documents and or information s¢eure at all times
Encrypt emails when they contain any personal Information as it pertains to Practice Worx
clients.

74
. Always abide by the stipulations in the company’s Information Systems and Health
Information Confidentiality Agreement.

Equipment
. We will provide our remote employees with equipment that is essential to their job duties, such as computer w/
monitor(s), printer, telephone, and headset (if requested). Equipment that we provide is company property.
Employees must keep it safe and avoid any misuses. Specifically, employees must:
© Keep their equipment password protected
© Store equipment in a safe and clean space when not in use
© Refrain from downloading and/installing any and al! software, applications or files not specifically
authorized by PracticeWorx.

Return of Assets at the End of a Remote Work Assignment or Arrangement
. Tacknowledge that at the conclusion of the Remote Work arrangement, it is ny responsibility to retum
company owned property/equipment to my manager as soon as possible, T acknowledge my responsibility to
return promptly all work files or other company records of any kind, whether in paper or electronic form,

Anticipated Remafe Work Schedule
.
CUD
Full-time5 days/week
. Work Hours: % ~

Acknowledgement
I fully understand the terms of the remote work arrangement as outlined above, I understand that my manager may
discontinue my participation at any time for any legitimate business reason, These include but are not limited to: 1) a
change in business needs 2) a determination by my manager that my remote work is not in the best interests of the
business 3) that the quality of my job performance is deckning and/or not meeting expectations, or 4) failure to abide by
any remote guidelines,

iy ana! S19
Employee Signature an;

Manager Signature and Date:
Op Oho,
LW
Bima

1
RECEIPT OF COMPANY PROPERTY AND DEDUCTION AUTHORIZATION

Lhave received the following items for work related purposes:

Date: Values Description:

afonft4 $ see PC
faut€ $ YY Polycom Phere
afrls g_lwe Moni fe

Sfrafia $ {ue Mumbe

understand that the company property described above is my responsibility and if not retumed, the value of all
properly will be deducted from my final paycheck(s),
Thereby authorize PracticeWorx to deduct from my final paycheck(s) the value of any unreturned company

pe
property,

Signature Employée; S > Wee
Printed Name of 0} ve Caen

Management Designee: _
?
Date:

53
Filing # 186161795 E-Filed 11/15/2023 10:13:44 AM

EXHIBIT "B"
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT, IN AND
FOR OSCEOLA COUNTY, FLORIDA

Case No. 2020CA1467

Division 22

PRACTICEWORX, LLC,
Plaintiff,
vs.

C&C CREDENTIALING SERVICES,
LLC & LISA DUNCAN
Defendant.
/

ORDER SETTING TRIAL

TAKE NOTICE that the cases listed below will be called for trial beginning
December 27, 2023.1 Cases will be called for trial in the following manner:
December 27, 2023 Practiceworx, LLC v. C&C Credentialing 2020-CA-1467
(Time Certain Bench Trial) Servs., LLC and Lisa Duncan
January 2, 2024 (Time Certain) Hall v. Devora, et al. 2020-CA-0531

Attorneys and parties for time certain trials must report to Courtroom 5C of the
Judge Jon B. Morgan Osceola County Courthouse, 2 Courthouse Square,
Kissimmee, Florida 34741 at 8:30 a.m. on the date listed above unless excused or
otherwise ordered by the Court. Jury selection will begin at 9:00 a.m. or as soon
thereafter as the Court completes its short matters docket.

The following cases are on standby:

Mercado v. Cheddar's Causal Café, Inc. 2019 CA 1939

El Cilantrillo Rest., Inc. v. JPQ Rental, LLC 2019-CA-2451

1 Although the trial period begins December 18, 2023, the number of prospective jurors summoned
for the week before and after the Christmas holiday is not sufficient to accommodate a jury trial
during the first week of the trial period.

Page 1 of 4
Cheney v. Baez Martinez 2020-CA-0533
Doe v. St. John’s Episcopal Church 2020-CA-1535
Romero v. Martinez 2020.CA-2603

Mejias Morales v. Sued Colon 2020-CA-3119
King, et al. vu. Cuba Tropical, Inc., et al. 2021-CA-0241

Colon v. RMK Ihwestment + Standard Fire 2022-CA-1209

Richardson v. Kemp 2020-CA-0427

Padilla v. Universal Property & Casualty Insurance Co. 2021-CA-0155

Barger v. Hartwell, et al. 2021-CA-1045

Serrano v. Universal Property & Casualty Insurance Co. 2021-CA-2081

Christy v. Banks and Graham 2021-CA-3277
Wiltz v. Freyman 2021-CA-3299

Hunter v. Southern Oak Insurance Company 2022-CA-0235
McDonald, et al. v. Woods, et al. 2016-CP-0771

Slade v. Esteban 2021-CA-0081

Guerrette v. Bagley, et al. 2021-CA-2799

All standby cases are subject to call on a next-day basis and may be called for trial
in any week of the trial period. Except as noted by the Court during the pretrial
conference, counsel, parties, and witnesses must therefore be ready and available
for hearings and for trial throughout the entire trial period. The Court will notify
counsel personally, or by electronic mail or telephone, when a standby case is called
up for trial. Counsel have a duty to regularly check their email accounts, including
spam filters, and to ensure that their telephone systems are fully operational. See
Emerald Coast Uti s Auth. v. Bear Marcus Pointe, LLC, 227 So. 3d 752 (Fla. 1st
DCA 2017). Cases not reached during this trial period will roll to the next scheduled
trial period unless otherwise ordered by the Court.

If not previously filed and submitted to chambers, proposed jury
instructions and a proposed verdict form are past due and must be
submitted forthwith.

Counsel who have not exchanged actual exhibits or who have not
indicated their specific objection(s) to the opposing party’s exhibits on an
exhibit schedule filed of record—as required by the Court’s prior

Page 2 of 4
order(s)—shall do so forthwith. Actual exhibits not disclosed and
exchanged will not be admitted into evidence, and all objections not
indicated on an exhibit schedule filed of record will be deemed waived.

All exhibits and evidence must be premarked and tagged prior to trial.
Exhibits that are not premarked and tagged may be excluded from evidence.
Contact the trial clerk, Betsy Corbell at Betsy.Corbell@osceolaclerk.org to schedule
an in-person meeting before

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