Twin Cities Dermatology Center Staff Handbook and Non-Disclosure Agreement
Last updated February 2024
Company Summary: Opened April 2018. Full-time patient care started in July 2019
Launch of Equation Medical Spa & Skin Care in Sept 2020, DBA for med spa and salon services
Corporation owner: Margareth Pierre-Louis (Founder, Medical Director)
Mission: To deliver compassionate and innovative, evidence-based dermatological care to all residing in our local Minnesota communities and beyond.
Vision: Rapid growth by delivering an exceptional patient experience. We exist to solve people’s dermatology problems.
Slogan: Visible Wellness for All
Logo: 3-color clover color palate of tan-caramel-dark brown, words “Twin Cities Dermatology”
Core values: Respect for all human beings
Protection of privacy
Evidence-based medicine
Transparent decision-making
Dignified delivery of care
Services:Clinical dermatology (medical, cosmetic, surgical), Dermatopathology
EHR: EZ-Derm EHR and Practice Management
Features: Online booking and payment, patient portal, telemedicine, paperless platform through Cognito Forms
Executive Summary: Dermatology is a dynamic and in-demand specialty that treats skin, hair, and nail diseases. Dermatology uses medical and surgical interventions to treat the body’s outer covering. It also plays an integral role in the diagnosis of internal diseases, skin cancer prevention, and anti-aging management. The visible nature of dermatology bridges the worlds of health, beauty, and medicine. Dermatology is an inclusive specialty. All can benefit from healthy skin, hair, and nails to look and feel their best.
Twin Cities Dermatology Center is a private comprehensive dermatology clinic caring for patients of all ages and backgrounds. Our doors opened April 2018 and we are growing rapidly as we care for patients all over the metro and those concentrated in the west Minneapolis and St Louis Park area. We offer clinical dermatology services related to skin, hair, and nail conditions in addition to teledermatology virtual visits and routine dermatopathology services. We care for the entire person with an emphasis on visible health and wellness. We proudly promote Visible Wellness for All so that every person can look and feel their best. Medical Director and founder Dr. Margareth Pierre-Louis is a board-certified dermatologist and dermatopathologist with experience and expertise in hair disorders, ethnic skincare, and pigmentation disorders.
Handbook updates: As TCD grows, this Handbook may be updated and changed to support operations and the work culture. TCD may change its policies at any time and will promptly update staff on changes. Staff should refer to the most updated version of the Handbook for policies and conduct. Equation Med Spa staff are employees of TCD.
TCD (Team Can Do) success is determined by the TEAM:
Trust: We trust you to show up on time (punctuality), be present and ready to work (reliability), and communicate honestly.
Excellence: Try and do your best work. Know when to pass the ball (if you need help, ask).
Accountability: You are responsible for fulfilling your expected duties. Don’t drop the ball and hurt the team.
Motivation: Inspire your teammates and patients. Communicate as challenges arise. Be invested in TCD’s success.
At TCD, patient experience is the central focus:
We are in the health care business to help people.
Treat every patient like they are royalty: How would you treat or address a king or queen?
Empathy: If you were ill or needed care, how would you want to be treated?
“I don’t know” is never the right final response to a patient question. “Let me find out for you” is patient-focused.
All staff should write the next PAGE in the patient experience story:
Pride: Be Proud of TCDC and Visible Wellness for All.
Appreciation: Thank you for choosing us and coming to TCDC.
Guidance: Guide the patient’s journey at TCDC. Take care of patients in our house.
Engagement: Engage Patients for Feedback & Growth. Ex: Surveys/reviews!
CENTER OPERATIONS
Clinic business hours: Monday, Wednesday, Thursday, Friday 8AM-4:30PM
Front door should be unlocked by business hours and at least 10 minutes prior to scheduled patient appointment time for on-time patient arrival.
Parking: Parking is free at the Wolf Lake Professional Center on Belt Line Blvd entrance or W 36th St side. There are no reserved or assigned spots. When parking, keep patients in mind and do not park in inappropriate locations (Bank visitor, Disabled space if not disabled, non-designated parking space).
Breaks: All staff can receive up to two 15 min breaks for restroom and refreshments in addition to a one-hour unpaid, uninterrupted lunch break. There should be coverage of your role by another staff while you are away so as to not interfere with patient care and experience.
HIPAA: The Health Information Portability and Accountability Act is a law that protects the privacy of patient information and their access to it. HIPAA training/testing at hire and annually will be completed to adhere to guidelines and recommendations required by CMS, practice credentialing, and the Center’s payors.
Cultural Competency: Respect for and accommodation of persons of different ages, backgrounds, capabilities, religions, cultures, and races are required at TCD. All staff are required to follow TCD policies related to the humane treatment of every person, whether staff, patient, or visitor. Training is available and will be completed through case examples as they arise. Payors require annual cultural competency training to see patients. Disciplinary action that could lead to termination may occur if patterns of cultural incompetence are demonstrated by staff.
OSHA: Occupational Safety and Health Administration provides guidelines for a safe working environment, such as protecting workers from needlesticks, blood-borne infections, and other injuries. All clinical staff will perform this training within the first three months of starting work.
CLIA: The Clinical Laboratory Improvement Amendments program oversees our ability to perform tests like dermatopathology. There are guidelines that we are required and site visits may occur. TCD is CLIA licensed.
Patient communication: All effort should be made to talk to a patient via phone if it is regarding their health care, appointment, or if identifiable patient information is involved. This protects the patient’s privacy through HIPAA and is the most effective way to schedule patients and resolve matters. If the caller or visitor is not the patient, the patient’s privacy wishes must be honored and checked before any patient information is provided to another person.
Smoke-free and Drug-free: Tobacco smoking is a known carcinogen (cause of cancer), poor health, and early death. We do not allow smoking at the Center. Smelling of smoke is grounds for dismissal from shift for change of clothing or self-grooming. Drug tests may be requested by the employer if there are concerns for substance abuse impacting patient care.
No Free Lunch Policy: TCD does not encourage meals and gifts from any pharmaceutical company or other vendor that may influence our medical practices. We accept patient samples to encourage compliance and prevent treatment delay.
Open Door Communication Policy: This is symbolized by the literal “open door” to the boss’ office to welcome direct communication for the greatest improvement and efficiency while supporting team collaboration.
Inclement weather: In the event of unsafe weather conditions, your safety and the safety of patients takes priority. Local weather recommendations will be followed and the Center schedules changed based on those forecasts. Please contact the Medical Director, co-staff, or other designated leadership regarding possible delays to work as soon as possible so that we can best accommodate patients. Unexpected/unplanned severe weather closures may utilize any accrued PTO days or will otherwise be unpaid for hourly employees or salaried staff without work. We will work to announce Center closures or delays as soon as they are known and contact patients and staff accordingly. The Front Office should follow the Inclement Weather protocol for rescheduling patients.
Holidays and special occasions: TCD reserves the right to close the practice for certain days around the holiday season (Thanksgiving, Christmas, or New Year Day) or if a provider is not available for work and there are no patients scheduled. Hourly staff would be reduced without pay if no patient care is needed or services available. Salaried employees would be expected to perform work duties if work is available or otherwise would have reduced hours or use accrued PTO.
EMPLOYMENT
At Will Employment: Employment at TCD is “at will” and both parties (employee/staff and employer) may terminate the relationship at any time and/or initiate it based on any contractual agreement. The first three months are a probationary period for learning, acclimation, and to determine whether the employment is a right fit for the employee and organization. Employees may be granted permanent employment after the three-month probationary period. A two-week notice along with a written resignation are requested from departing employees or per the contractual agreement in place for a provider or manager role.
Employment contingency: Employment is contingent on a successful criminal background check, contact of references, and providing legal authorization to work in the US (ex: government-issued ID and social security card, passport, work permit) by the first day of work.
New hire (probationary) status: All new hires are in an evaluation period the first three months from the start of work. If duties are not able to be performed with proficiency by the end of the three-month new-hire/probationary evaluation period, TCD reserves the right to terminate a staff member based on at-will employment or may propose a role change that is a better fit for both parties. Role changes may be re-evaluated based on a new probationary period to determine whether permanent employment will be granted.
Full-time employment: Full-time staff are expected to work an average of 32-40 hours a week, unless otherwise arranged. Benefits, such as health benefits, are based on the agreement between the employed staff and the employer. All staff (whether part-time or full-time) have access to discounted dermatology and cosmetic services as negotiated and agreed.
Work year: Your work year begins on your hire start date through the following year. For example, if your start date is October 5th, your calendar year would be from October 5th through the following year October 4th. If your role changes, your work year may be revised based on the role, benefits, compensation, and negotiation.
Overtime: The maximum hours in a workweek is 40 hours per week. If an hourly worker works over 48 hours a week, this is subject to overtime pay at time and a half Per MN state employment law, overtime pay must be at least one-and-one-half times the employee's regular rate of pay. Overtime pay is currently not available or allowed at TCD. Overtime pay does not apply to salaried positions.
Vacation/paid time off (PTO): The Center is open four days a week unless otherwise arranged. PTO accrues per MN Sick and Safe Time law at 1 hour PTO every 30 hours worked with a maximum accrual of 48 hours each calendar year.
Sick days: Unexpected absences due to illness require you to immediately contact Medical Director or other designated leadership of your absence. Sick days are unpaid if they fall on the four work days during the week unless PTO is accrued and used. Longer leaves that cannot be covered by days off may be unpaid, require a physician note to excuse medical absence, or formal leave (application through the Family and Medical Leave Act). Please discuss all extenuating illness/health concerns as appropriate so that we can support you.
Observed holidays: There are eight observed holidays for all staff that correspond to clinic closure: Thanksgiving Day, Thanksgiving Friday, Christmas Day, New Year's Day, MLK Jr Day, Memorial Day, Independence Day, and Labor Day. Five holidays are paid time off for all staff: Memorial Day, Labor Day, Thanksgiving Thursday/Friday, and Christmas Day.
Benefits: Health benefits (medical, dental, vision) is available for staff working a minimum of 32 hours a week based on an employment agreement. We do not currently offer life or disability insurance and ended our retirement plan. Discounted or complimentary dermatology and cosmetic services are available upon agreement and discretion of the Medical Director. Lab/pathology services are excluded from discounts, require third-party billing, and payment to vendors. Employee benefits are subject to change and may affect current compensation.
Performance reviews: While continuous feedback regarding performance will occur as part of routine work experience, staff will receive 6-week and 12-week reviews during their probationary period. 3-month, semi-annual, and annual performance reviews will follow for all permanent staff. Reviews may influence the job role and compensation.
Benefits Coverage for maternity or other approved leave:If an employee and the company agree on a leave from work, such as for maternity, childbirth, illness, or other approved reason, the company will cover current employer-sponsored health (medical, dental, vision) benefits or new health benefits based on life event eligibility for up to three months during the leave. The company will pay half the employee’s premium for health benefits and the employee will be responsible for the remaining half, through accrued wages or direct payment to the company. Direct payment from the employee in the due amount to cover the remaining employee premium and dependent premium(s) must be paid to the company no later than the 19th day of the month prior to the coverage period. For example, direct payment from the employee to the company would be due by May 19th for June health benefits coverage to prevent any lapse in coverage. After three months of coverage and if the leave continues, the employee will be responsible for the entire employee (and dependents) health benefit premium(s) if remain employed at the company. This policy does not cover paternal leave concurrent with maternity leave paid for by TCD.
Off-boarding/leaving TCD: If your plans change and you desire to leave Twin Cities Dermatology, we ask for advanced notice of two weeks to continue the Center’s operations or notice agreed to in your employment contract. Per MN law, dismissed (involuntary termination) employees may receive their final paychecks within 3 days of the termination decision if requested. If your departure without a two week notice harms the practice and patient care, TCD may seek legal action to withhold any final paycheck amounts to offset the loss to the clinic.
STAFF BEHAVIOR AND CULTURE
Attendance: Please show up to work on time on days scheduled for the most effective workday. We expect punctuality from our patients and so expect it from ourselves and our teammates. Excessive tardiness that impacts work duties or delays patient care delivery will be reprimanded and may result in disciplinary action or even dismissal if negative patterns continue.
Center privacy and protection: It is prohibited to share the staff door code, keys, access cards, and patient EHR lists or other data with any individual outside of the TCD team. Please protect the Center and your job.
Code of conduct: Every person at TCD, whether staff or patient, should be treated with the utmost respect. Profanity, screaming, bullying, and physical assault and any other form of abuse will not be tolerated and are grounds for immediate dismissal or termination. Patients should not mistreated or be given excuses if we are unable to meet their needs or when there are patient care failures, such as “we have been very busy, there are other people waiting we have been running behind all day, or there has been a lot of turnover,” or a staff member disparaged/thrown “under the bus.” The patient (customer) is always right unless they in return become abusive and then will be addressed by the Medical Director or other leadership and potentially discharged from the practice. The Medical director will approve a patient discharge and this will be documented in the patient’s medical record.
Dress code: Dress should promote wellness, professionalism, and not distract others or patients. Non-clinical, administrative staff wear clean, professional or business casual clothing to work. All staff having clinical, client, or patient contact should wear black solid-colored matching scrubs covering body folds or other approved medical uniforms for continuity and staffing cohesiveness. Footwear should be clean, professional, neutral as black or similar dark solid color enclosed shoes with no bright or distracting colors. Outerwear, such as sweaters and jackets should be of matching colors and/or of professional medical grade. If available, name tags should be worn at all times to support patients.
Body piercings/tattoos: Body art and piercings are allowed if tastefully presented. However, personalized expressions of words, images, location of piercings should not be distracting, disruptive, or have patients, visitors, or other staff feeling uncomfortable. No dangling or ornament pieces are allowed on body piercings (face, nose, tongue, lips), excluding the earlobes.
Hair color: Natural hair color shades (blonde, brown, red/auburn, or black hues) are required to prevent distractions from patient care. We reserve the right to request that hair color be changed to natural shades for inclusion and conformity.
Cell phones: Excessive texting and call use of cell phones during work hours or during patient visit hours at the Center is prohibited and can negatively impact patient experience and care delivery. Personal cells should be on silent during work hours unless otherwise being used for Ring Central call monitoring. Cell phones should be put away when in contact with patients so that we are focused on serving them. Be discreet and limit personal phone use if there is work to be done.
Music: Music can be played quietly on TCD devices if not loud or distracting you from tasks to be completed or disturbing patients or other working staff. Music played should not impact patient care delivery. The goal is to eventually have practice-wide music playing as part of the Center’s ambiance. Personal headphones are not appropriate while working.
Break room etiquette: Clean after yourself removing all crumbs, containers, trash after snacks or meals. Do not leave food in the fridge for more than a week. Staff share the responsibility of keeping the counters and table clean and notifying the front desk staff when supplies are out. Trash should not be left over the weekend or if starting to smell.
Coffee cups and other beverages: All beverages require lids or closed tops at TCD. These items do not belong in open sites at the front desk or in patient rooms. It is recommended that they be kept in the break room or at personal spaces/desk/office. Continuous spills or staining of desks, counters, and furniture may result in prohibition of all beverage containers outside of the break room. All coffee cups must be tossed in the break room trash can only.
Food: All food is restricted to the break room or other appropriate non-patient contact area (private staff office space).
Gum: Chewing gum requires discretion if during patient contact. Bubbles, smacking, visibility in mouth may be distracting and viewed as disrespectful by patients. There should be no gum left on TCD surfaces and should be thrown away only in bag-lined trash cans.
Trash: Trash and recycling containers should not be overflowing or affect delivery of patient care or TCD operations. Only office trash belongs up at front desk trash cans. Only bathroom trash should be in the bathroom. Food containers and all coffee cups are restricted to the break room trash. It is everyone’s responsibility to help remove trash from the Center and down to the first floor WLPC utility room using their access card.
Center bathroom: Bathrooms are primarily for patient use and should not be tied up by staff during patient hours. Extensive bathroom use or need for uses that may impact others should be done in the multi-stall bathroom adjacent to the Center or in the Center med spa extension. Everyone who uses the bathroom is responsible for keeping it clean but are cleaned by the cleaning crew weekly.
Hand-off: Continuity of patient care is critical at TCD. If it is time to leave and important tasks are unfinished, alert other staff for help to prevent delays in patient care delivery. Improper or untimely hand-off may result in disciplinary action.
Tips: Tips are not required from patients or clients at TCD and EMS for service delivery. Staff employed on a tip model based on industry standards, such as a licensed esthetician or other MN Board of Cosmetology licensed practitioner, will have full access and reimbursement to earned tips from client services provided independently unless another arrangement is made. Tips provided through charge cards are reimbursed through payroll. Company management and leadership do not accept tips per MN law. Any tips given to a non-tip model or salaried employee belong to the company.
Disciplinary action: Every effort will be made to immediately and verbally address abnormal staff behavior and actions that can hurt others or threaten patient care and the Center. Discussions will occur to help understand the situation and create a plan to prevent it from happening again. Repeat offenses that defy protocol or jeopardize the Center’s wellbeing and patient care delivery will result in written warning or be part of performance reviews. Continuous patterns of behaviors or failure to fulfill expected duties that hurt the team, Center, or patients can result in a new probation period, or termination/dismissal.
Grievance: TCD is an equal opportunity employer and desires all staff to be happy in their roles and have appropriate resources to successfully perform their jobs. We adhere to MN and US Federal labor laws. If an incident occurs that negatively impacts a staff at work and is caused by another staff, patient, or visitor, it should be immediately reported to the Medical Director or Clinic Manager for proper handling. All forms of harassment (sexual, bullying, physical abuse, undermining, sabotage, negative gossip) are prohibited. Retaliation on behalf of staff or employer TCD is not acceptable and staff who voice concerns will be protected to the extent of the MN and federal law. If a law is not being adhered to by TCD, we welcome that knowledge so that we will improve our practices.
STAFF HEALTH AND PUBLIC HEALTH
The emergence of the COVD-19 pandemic in February 2020 has transformed healthcare delivery and affects businesses like TCD, which employs healthcare workers and other staff who may be potentially exposed to patients or other ill individuals. Critical public health responses in place by the CDC and MN Dept of Health (DOH) mandate all healthcare institutions, like TCD to take precautions to stop the spread of disease and to participate in mandatory reporting of positive tests or exposures. As part of good standing employment, staff must comply with TCD safety mandates and any testing and vaccination requirements to keep staff, patients, and all visitors safe. These guidelines and requirements will be updated as the CDC’s and MN DOH’s responses to the pandemic evolve. Please communicate all health concerns with the Medical Director.
COVID-19 Precautions, Policies, and Procedures
COVID-19 vaccination and booster maintenance were required for work at TCD in 2021 and 2022. All staff received a vaccine booster by December 31st, 2021 to be eligible to return to work in January 2022. As of January 2023, COVID-19 vaccination requirements can be considered on an individual basis given the end of the pandemic emergency.
Present for work if there are no illness symptoms or call in and receive any necessary screening for illness.
Do not report to work with any flu-like symptoms or other signs of illness without first being evaluated by MD.
If an employee does report to work ill, he or she may be asked to leave work at the professional judgment of the Medical Director to prevent spread of infection.
Staff must comply with all mandatory testing requirements or physician documentation requests necessary to prevent disease spread and protect public health.
Failure to adhere to these policies and procedures may result in dismissal or termination since nonadherence jeopardizes your health and the health of patients and other staff.
Influenza (Flu) vaccine: To reduce illness, loss of productivity, shortage of staff, and mimicry of flu-like symptoms to COVID-19, the standard annual flu vaccine is mandatory for all staff. The vaccination can be given at TCD or done at an outside institution by late October each year. If done at TCD, your medical insurance will be billed to cover the cost of the service and will result in no cost to you. Documentation of testing is required by November 1 annually and will be kept in your employment file.
STAFF SCHEDULES AND TIME OFF POLICIES AND PROCEDURES
Staff should email planned schedule changes, absences, and requests to Team@tcdermmn.com for unpaid time off or other unique time away at least two weeks in advance for non-provider staff and at least one month in advance for provider staff to accommodate patients and support operations.
If staff are unexpectedly sick, can’t come to work, or will be unexpectedly away, it is the staff's responsibility to communicate directly with leadership and email Team@tcdermmn.com about the away request, and reason to ensure adequate coverage for the Center.
Staff must communicate with the Medical Director or other designated leadership via phone call/text and email Team@tcdermmn.com that he or she will not be coming in to work due to illness or other absence at least 1 hour prior to Center opening at 8AM the day of absence to determine staffing coverage and also follow up the communication with an email for documentation.
Staff should adhere to the Center's lunch hour and go to lunch 12N-12:30PM unless otherwise directed or approved for availability and to serve all visitors to the Center in addition to supporting the team with operations.
Inclement weather may result in unpaid time off or the use of PTO if there are no scheduled patients and work duties cannot be effectively performed to earn wages and to prevent a financial loss to the Center.
A full work day is 8 hours of paid work and a 30 minutes of unpaid lunch break.
TWIN CITIES DERMATOLOGY CENTER EMPLOYMENT NON-DISCLOSURE AGREEMENT
This employee non-disclosure agreement (the “Agreement”) is made between TWIN CITIES DERMATOLOGY CENTER (“Employer”) and ________________________(“Employee”) and is effective on the date of hire. The Agreement is required for employment and is intended to prevent the unauthorized disclosure of Confidential Information (as defined below) by Employee. The parties agree as follows:
1. Personal Health Information
During the course of employment, Employee may have access to personal health information (‘PHI”) relating to clients or patients of Employer. PHI may consist of medical records, billing, and financial records or any individually identifiable health information. PHI is protected by the Health Insurance Portability and Accountability Act (“HIPAA”). HIPAA permits access to PHI on a “need to know” basis. Therefore, unless authorization has been granted, any intentional accessing of PHI, or circumvention of PHI security protocols, is prohibited.
2. Confidential Information
“Confidential Information” consists of PHI as well as proprietary information relating to Employer’s business, including but not limited to: medical and financial records, revenues, identification and account numbers and names, PINs, and passwords, personal skin care product recipes and development,
experimental and scientific research projects not made public, oral and topical medication formulations, event launches not yet disclosed to the public, logos, business insignias, or inventions that are pending copyright, patent, or trademark registration processes, or other information conveyed in writing or in a discussion that is indicated to be confidential.
3. Non-Disclosure
Without Employer’s prior written consent, Employee will not: (a) disclose Confidential Information to any third party, whether electronically, orally, or in writing; (b) make or permit to be made copies or other reproductions of Confidential Information; (c) make any use of Confidential Information; or (d) use or disclose Confidential Information in violation of applicable law, including but not limited to HIPAA.
4. Return of Confidential Materials
Upon Employer’s request, Employee shall immediately return all original materials provided by Employer and any copies, notes or other documents in Employee’s possession pertaining to Confidential Information.
5. Term
The non-disclosure terms of this Agreement shall survive any termination, cancellation, expiration or other conclusion of employment (or this Agreement) unless the parties otherwise expressly agree in writing or Employer sends Employee written notice releasing it from this Agreement.
6. Notice of Immunity from Liability
An individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual (i) files any document containing the trade secret under seal; and (ii) does not disclose the trade secret, except pursuant to court order.
7. General Provisions
(a) Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as to best to effect the intent of the parties.
(b) Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties.
(c) Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
(d) Injunctive Relief. Any misappropriation of Confidential Information in violation of this Agreement may cause Employer irreparable harm, the amount of which may be difficult to ascertain, and therefore Employee agrees that Employer shall have the right to apply to a court of competent jurisdiction for an order enjoining any such further misappropriation and for such other relief as Employer deems appropriate. This right of Employer is to be in addition to the remedies otherwise available to Employer.
(e) Attorney Fees and Expenses. In a dispute arising out of or related to this Agreement, the prevailing party shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures.
(f) Governing Law. This Agreement shall be governed in accordance with the laws of the State of Minnesota.
(g) Jurisdiction. The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in Minnesota in any action arising out of or relating to this Agreement. The parties waive any other venue to which either party might be entitled by domicile or otherwise.