JERSEY CITY MEDICAL CENTER House Staff Agreement

Transcription

1 JERSEY CITY MEDICAL CENTER House Staff Agreement This agreement is entered into this day of 2012 between the Jersey City Medical Center, 355 Grand Street, Jersey City, NJ (the Medical Center) and, MD. Resident Candidate I. Appointment: The Medical Center hereby appoints the Resident and the Resident hereby accepts appointment for the term of this agreement as a postgraduate year trainee (level) 1 in the Department of Medicine in the residency training program of the School. (the Program ). The Medical Center agree to provide the Resident with an educational Program that meets the standards of the American Medical/Dental Association Council on Medical Education, that is approved by the appropriate Specialty Board and that meets the previously approved standards of the Essentials of Accredited Residencies in Graduate Medical Education. In connection with the Program, the Medical Center agrees to make its facilities and the teaching material available to the Residents during the term of the agreement. II. Terms: The appointment of the Resident to the postgraduate year training position in the Program shall be for one (1) year, commencing on July 1, 2012 and terminating on June 30, 2013 at the salary of $_xxxx. III. Annual Stipend and Benefits: Annual benefits provided by the Medical Center include health and hospitalization, disability insurance, tuition reimbursement, four (4) weeks vacation, nine (9) paid holidays and twelve (12) sick days. See Attachment A for policies on living quarters, meals, laundry, reappointment, grievance procedures, liability insurance coverage for claims filed after completion of program, parental leave of absence, satisfying criteria for program completion, duty hours and procedures, moonlighting, counseling, medical and psychological services, physician impairment and substance abuse and sexual harassment. In addition, the Medical Center agrees to provide professional liability insurance with respect to the Resident under the Medical Center s general malpractice insurance policy, with liability limits of $1,000,000/$3,000,000 without charge to the Resident. Such insurance shall cover all activities directly related to the Resident s program of study with the Medical Center. The Resident agrees to fully cooperate with the Medical Center s insurance carrier in handling any professional liability claims made against him/her or the hospital in connection to the Program. All compensation and benefits paid and provided to the Resident during the one (1) year term of this agreement as set forth herein, shall continue in full force and affect while the resident is on rotation away from the Medical Center. IV. Obligations of the Resident: The Resident agrees to devote his/her full and undivided professional time to the requirements of his/her training program during the one (1) term of the Agreement and agrees not to accept employment or provide services outside the Medical Center without prior express written permission of the Program Director. In no event will such outside activity be approved if the Program Director believes the activity will interfere with the Resident s responsibility in connection with the Program. The Medical Center s malpractice liability will not cover any extramural activities or employment. The Resident represents that he/she has satisfied all of the requirements for acceptance into an approved residency program as defined by the Accreditation Council for Graduate Medical Education as delineated in the Essentials of Accredited Residencies in Graduate Medical Education. If a foreign citizen, the Resident agrees that prior to the commencement of this agreement, he/she shall obtain and possess all required visas and, if a foreign medical graduate, ECFMG Certificate or the equivalent. The Resident agrees to observe the general rules and regulations for residents, as adopted from time to time by the Medical Center and agrees to adhere to all rules and regulations of his/her particular Department and to follow policies, procedures, bylaws, rules and regulations adopted from time to time by the Medical Center. Such materials shall be made available to the Resident upon execution of the Agreement and at any time upon request.

2 The Medical Center shall comply with comprehensive, fair, and reasonable policies regarding grievance procedures and due process, where applicable. These policies minimize conflicts of interest in adjudication of grievances and include, but are not limited to, grievance procedures and due process for disciplinary actions taken against residents, for resident complaints and grievances related to the work environment, sexual and other harassment, discrimination, and accommodation of House Staff Officers with disabilities. V. Termination and Non-Renewal: The Medical Center may terminate this agreement for cause, which shall be deemed to include incompetence, inefficiency or a moral cause on the part of the Resident. Termination for cause shall be made upon the recommendation of the Program Director and/or the Medical Education Committee of the Medical Center by giving the Resident not less than fourteen (14) days prior written notice or, in lieu of such notice, fourteen (14) days severance pay. In the event that the Medical Center has provided or arranged for use of living accommodation for the Resident during the term of this Agreement, that lease shall immediately terminate upon the termination of this Agreement by the Medical Center for cause. Trainees will be notified in writing at least four months before the expiration of their appointment (no later than March 1 for appointments commencing July 1) if their contracts are not to be renewed for the next year of a given residency program or if they will not be promoted to the next postgraduate year of training. Notifications of nonrenewal or nonpromotion will include the reasons for the action and are subject to Jersey City Medical Center s grievance procedures. VI. Certificates: Upon the Resident s successful completion of one or more years of training at the Medical Center in connection with the Residency Program, the Medical Center shall issue a formal certificate of residency training. Issuance of a certificate indicating completion of the Residency Program to the Resident shall be contingent upon the Resident having returned, on or before the date of completion of the Residency Program, all Medical Center property such as books and equipment, completion of all records for which the Residency is responsible and settlement of all professional and financial obligations. VII. Miscellaneous: The failure to exercise any right or demand performance of any obligation under this Agreement shall be deemed a waiver of such right or obligation. This Agreement represents the entire understanding of the parties with respect to the subject matter hereof. Any modification or amendment of this Agreement shall be in writing and signed by the Resident and the Chief Executive Office of the Medical Center. This Agreement may not be assigned by the Resident. As used in this Agreement, words importing a particular gender means and include the other gender and words importing a singular number means and include the plural number and vice versa, unless the context clearly indicated to the contrary. For information on Employee Counseling; Drug & Alcohol Impairment and Sexual Harassment see Attachment B. This agreement shall be governed by the laws of the State of New Jersey. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first written RESIDENT By:, MD JERSEY CITY MEDICAL CENTER

3 By: Douglas Ratner, MD Program Director Director, Graduate Medical Education

4 ATTACHMENT A See the Agreement between Jersey City Medical Center and the Committee of Interns and Residents/SEIU (July 1, 2007 through 30, 2010) I. Vacations Article IX (page 13) II. On-Call Schedule/Quarters Article VIII (page 12) III. Holidays Article X (page 14) IV. Sick Leave & Leave Time Article XI (page 15) V. Health & Hospitalization Benefits Article XII (page 16) VI. Conditions for Reappointment Article IV (page 7) VII. Grievance Procedures Article XV (page 20) VIII. Living quarters Article VIII (page 12) IX. Meals Article VII (page 11) X. Uniform & Laundry Article VI (page 9) The following information can be found in the Graduate Medical Education Committee Meeting Minutes: I. Leave of Absence Policy Minutes of February 7, 2005: Leave of absence will be granted in accordance with New Jersey State and federal laws. The length of the leave will be determined by the Program Chairman, who will take into consideration attendance requirements of the appropriate Specialty Board with reference to minimal contiguous time that must be spent in a training program. Short-term disability will be paid in accordance with New Jersey Disability Law. II. III. Duty Hours Policies & Procedures Minutes of September 13, 2004: Residents cannot work longer than 80 hours/week; cannot work more than 30 hours/shift; be off 10 hours between shifts and have one 24 hour period off/week. Policy on Moonlighting Minutes of October 7, 2002: It is hospital policy that residents are not allowed to moonlight. All exceptions must be approved by the GME Committee. Liability insurance coverage for claims filed after completion of program can be found in the Risk Management Office. Information on the effect of leaves on the ability of the resident to satisfy requirements to complete the program and access to information related to eligibility for specialty board examinations can be found in the Graduate Medical Education Directory (Green Book).

5 ATTACHMENT B JERSEY CITY MEDICAL CENTER PROCEDURE & POLICY MANUEL EMPLOYEE COUNSELING (E-4) The Medical Center will provide information and assistance in locating counseling services when desired by the employee. In cases related to personal problems of a familial or social nature, the employee will be referred to appropriate agencies or programs. The Department Head may handle such requests independently or refer the requests for assistance to the Human Resources Department. Employee requests for such assistance are to be kept completely confidential and must be handled with the requisite tact and diplomacy. DRUG & ALCOHOL (W-3) I. Employees who use, possess, sell or are under the influence of Controlled Dangerous Substance (CSD) and/or alcohol at work or on the Medical Center s premises present a hazard to themselves and to the health and well being of other employees and patients. In addition to the potential criminal consequences of their conduct, these employees reduce productivity and hurt morale. Employees who use, possess, sell or are under the influence of alcohol and/or CDS while at work or on JCMC property will be terminated. II. Employees are required to participate in the drug-free awareness program, which will provide information on the dangers of workplace drug use, the policy of the Medical Center as set forth herein including penalties, and available drug counseling, rehabilitation and employee assistance programs in the community. III. Employees are advised that compliance with the provisions of this policy is a term and condition of continued employment. Employees who have been convicted of any criminal drug statute for a violation occurring in the workplace must notify the Medical Center within 5 days of such conviction. IV. If an employee appears to be under the influence of drugs or alcohol, he/she will be ordered to go to the Emergency Room for testing to determine alcohol and/or drug levels. If the employee tests positive for alcohol or drugs, or if the employee refuses to take the test, the employee will be terminated. V. Employees who are under a doctor s care, and are taking any prescription drugs or other substances prescribed by a doctor which may affect normal functions, are required to inform their supervisor of that fact and supply the name(s), address(es), telephone number(s) of the prescribing physician(s) along with date(s) of last visit(s). VI. Individuals who come forward voluntarily to seek help for alcoholism/ and/or drug addiction may be entitled to reasonable accommodation. Under appropriate circumstances, and contingent upon the Medical Center s ability to keep a job open, such employees may be granted a leave of absence without pay for up to thirty (30) days to enter a rehabilitation program for a single opportunity for rehabilitation. If such leave is granted and if the job can be kept open, return to work will be conditioned upon documented successful completion of the program, successfully passing a drug or alcohol screening test immediately prior to returning to work, and voluntary submission to periodic drug/alcohol screening tests (for a period of one year). After a return to work, any positive test or refusal to submit to the periodic testing will result in immediate termination. Before reasonable accommodation can be given, the Human Resources Department must be consulted. VII. Individuals who have been convicted of the sale of possession of CDS for conduct occurring off JCMC property will be terminated. Addendum A In order to identify employees under the influence of drugs or alcohol, supervisors must carefully look for the objective manifestation of drug or alcohol use. Supervisors must contact the Human Resources Department

6 immediately when they observe an employee whose behavior or appearance indicates drug or alcohol use. The following factors often suggest such use: 1. Speech Thick, slurred, loud, hesitant, fast or slow 2. Eyes Red, watery, inflamed or glassy, heavy lids or fixed pupils 3. Nose Running nose without other cold or virus symptoms 4. Breath Foul, distinctive odor of intoxicant 5. Gait Walking unsteadily, deliberately or overcarefully swaying, weaving or stooping 6. Behavior Difficulty in performing ordinary tasks or in recognizing individuals, boisterousness, disorientation, easily agitated, inability to focus on subject for extended periods. The specific manifestations of drug or alcohol use vary with the individual and the substance involved. Accordingly, the guidelines identify various symptoms only, not all of which apply to each substance, and no one of which necessarily means the employee is under the influence. Further, the guidelines are not intended to be exhaustive. Supervisors must excise their judgment based on observable facts. Importantly, the primary concern of supervisors should be their employees job behavior. As always, supervisors should ensure that all employees are informed about and understand what is expected of them in terms of job performance and the Medical Center s policies and procedures. SEXUAL HARASSMENT (W-4) The Medical Center prohibits sexual harassment in any form, and will take prompt and appropriate remedial, disciplinary or legal action when instances of sexual harassment are brought to the attention of the Medical Center. I. Sexual harassment is defined as: A. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: B. Submission to such conduct is either explicitly or implicitly a term or condition of an individual employment C. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual D. Such conduct has the purpose or effect of unreasonably interfering with an individual s work performance or creating an intimidating, hostile, or offensive work environment II. Any employee who believes he/she is a victim of sexual harassment should report it immediately in writing to the Director of Personnel. Procedure I. It is the responsibility of Department Heads to insure that all employees in their departments are aware of this policy and to insure that sexual harassment will not be tolerated or condoned. Employees must also be made aware of the possible disciplinary consequences of such activity. II. If the employee reports the complaint to the Department or any supervisor, the Department Head should document the Complaint and immediately inform the Director of Personnel. Knowledge by an immediate or middle level supervisor will be imputed to the Medical Center, so it is imperative that these complaints be properly forwarded immediately. III. After the complaint is received, the Personal Director will conduct an investigation of the Complaint, following which appropriate action will be taken.

7 Date As a condition of my being offered a contract for a PGY I position in the Department of Medicine, starting July 1, 2012, I have been made aware that it is my responsibility to ensure that all my paperwork (which shall include but is not limited to Visa status, Social Security number, etc.) and pre employment requirements must be completed and ready by the last week of June I have also been informed that the failure to successfully complete the above mentioned observership or inability to obtain legal status to start work on July 1, 2012, by the last week of June may result in the contract becoming void. Signature

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29 Article III Wages MEMORANDUM OF AGREEMENT for a successor agreement to the JERSEY CITY MEDICAL CENTER Agreement with COMMITTEE OF INTERNS AND RESIDENTS July 1, 2010 June 30, 2013 All Terms of the Agreement remain the same except as modified below. Article Contract language changes Responsibility and Time Frames Effective first payroll period following January 1, 2012 each House Staff Officer Human Resources (HR) and Payroll will implement shall receive a 2% Increase and PGY base rates shall be adjusted accordingly. increases as indicated. First increase will be Effective first payroll period following January 1, 2013 each House Staff Officer implemented effective January 8, 2012, (Pay Period 2 shall receive a 2% increase and PGY base rates shall be adjusted accordingly. in 2012). 2. Add to end of sentence, except for PGY1 Residents and any new transferees in their first year at Jersey City Medical Center, it shall be 6.5 months. Article IV Individual Contracts 3. Delete in its entirely and replace as follows: The Hospital will notify each House Staff Officer affected and CIR/SEIU. a. as soon as reasonably possible of a decision to discontinue any training program for any reason; b. as soon as reasonably possible upon receipt from the ACGME, ADA, AOA or APMA of any notification regarding non-accreditation or probation or similar change in the professional status of any training program. c. as soon as reasonably possible of a decision of a merger, closure, or a significant change in the number of beds which has a substantial impact on any training program. In the event of a termination, transfer, or reduction in size of a residency program, the Hospital will make a good faith effort to place affected House Staff Officers in other accredited residency programs of the same specialty by placing a notice on Listserve of HSO(s) availability. In addition, at the time the Hospital informs Residency Program Personnel will assure that individual contracts are modified in accordance with the new language. In addition, the Program Director will alert HR and the Residents of any decision to discontinue any training, non-accreditation, merger, closure or a significant change, etc., make a good faith effort to place affected HSO, simultaneously continue the training programs while taking steps to regain accreditation and fulfill any other obligation as listed in the Contract CIR GRID Managers Page 1 of 6 Last printed 3/28/2012 7:45:00 PM 1

30 Article V residents of a termination, transfer, or reduction of a residency program, the Hospital shall provide a list of resources including contact names, addresses and phone number which may be helpful in a HSOs search for placement. For House Staff Officers continuing in a program for which accreditation is lost and an appeal is still pending, the Hospital will maintain levels of training, and continue to provide rotations required for certification. The Hospital shall take all reasonably appropriate steps to try to gain full accreditation for the program, to encourage House Staff to remain in the program during that time, and shall balance the service needs of the department with the professional goals of the House Staff Officer involved. Delete in its entirety and replace as follows: The Center will maintain professional liability insurance either through self insurance or a commercial insurance policy at its option covering the Center and all House Staff Officers so as to provide all House Staff Officers with minimum limits of no less than $1,000,000 for each incident and $3,000,000 in the annual aggregate. The Center s professional liability insurance must include protection for house staff officers against awards or claims reported or filed after the completion of their residency program, if the alleged acts or omissions of the resident are within the scope of the program for the period of time set forth herein. Such professional liability insurance shall be either an occurrence policy or a claims-made policy with an extended reporting endorsement which shall be paid for by the Center. Information regarding the limits of liability, terms and conditions of the extended reporting endorsement shall be provided to the House Staff Officer at the completion of the residency service at the Center. 2. Each House Staff Officer, while on an outside rotation at a different facility, shall be protected from professional liability claims and lawsuits by the Center s professional liability insurance provided that such facility is affiliated with the Center and the claim or lawsuit arises from acts or omissions within the scope of his/her employment. The level of coverage provided to House Staff Officers while on an outside rotation shall be the same as the coverage provided while at the Center. Risk Management, working with legal counsel will assure that professional liability insurance is implemented in accordance with the new language in the contract CIR GRID Managers Page 2 of 6 Last printed 3/28/2012 7:45:00 PM 2

31 3. The foregoing is conditioned upon each of the following: a) House Staff Officers shall promptly forward to the Medical Center all summons or notices of whatsoever nature, pertaining to claims received or served upon them or each of them. In addition, each HSO will adhere to their responsibilities for promptly forwarding all summons and/or notices and cooperate as necessary. b) House Staff Officers shall cooperate fully with the Medical Center its insurance company and defense counsel in investigating, adjusting, settling or defending each claim, action or proceeding. c) The defense of all claims, actions and proceedings within the purview of this Article shall be conducted by the Medical Center and the counsel of its choosing. The Medical Center shall designate and provide counsel to appear and defend such actions and proceedings on behalf of the House Staff Officers. d) No settlement shall be made without the approval of the Medical Center. 4. The Center will on a yearly basis provide every House Staff Officer in their employ with a certificate of coverage upon their request. 5. Upon request, the Center shall provide CIR/SEIU with a copy of the professional liability insurance coverage applicable to the House Staff Officers or, in the case of self insurance, a copy of the Trust Agreement along with any amendments, actuary s report, a statement on the level of funding, and any other documents that might be reasonably associated with the self-insurance trust fund. 6. The Center will notify CIR/SEIU, in advance, of any notice of cancellation, or lapse in professional liability insurance coverage applicable to the House Staff Officers or, in the case of self insurance, any meaningful amendments to the Trust Agreement or change in the level of funding or coverage. Upon request by a HSO, the Risk Management Office will provide a certificate of coverage. Upon request by a HSO, the Risk Management Office will provide a copy of the professional liability insurance coverage applicable to the HSO. Risk Management Office will alert legal counsel and HR of any notice of insurance cancellation and/or lapse in coverage CIR GRID Managers Page 3 of 6 Last printed 3/28/2012 7:45:00 PM 3

32 Article VI Uniforms Article X Holidays Article XI Sick Leave and Leave Time Article XII Health and Hospitalizatio n Benefits Article XIII Travel and Educational Expenses Section 1. Delete end of sentence beginning with and (b) free laundering service thereof. Section 2. Delete in its entirety and replace as follows: In the event that the Medical Center fails to provide laboratory coats under Section 1 above, after a reasonable period of time the Union may file a grievance regarding the failure to provide such uniforms. If after the grievance process is exhausted and there is no commitment by the Center to supply these uniforms, the residents may purchase laboratory coats and be reimbursed for the reasonable costs of such coats Section 3. Delete phrase, which will be exchanged through the locker system. Section 1. Delete last sentence Employees hired prior to February 1, 2005 shall continue to receive Columbus Day and Veteran s Day as holidays. Add the following two sentences at end of Section 3, The Hospital shall comply with its legal requirements with regard to paternity leave. Residents will be expected to comply with LibertyHealth s Family Medical Leave Policy. Section 1. second paragraph delete forty-five (45) and replace with thirty (30) Section 2 and 3, delete Section 4. Eliminate sentences 4-8 and replace with: Effective January 1, 2010 and going forward the cost to the medical center shall be $1055 per year for each employee. Section 1, Add the following, for travel associated with conferences as approved below. Section 2a will read as follows: Effective July 1, 2010 through June 30, 2011, House Staff Officers will be eligible up to a total ($ for first year residents) $ per year for second year residents and above. Effective July 1, 2011 and going forward the amount will be $1000 per year, for all House Staff Officers. HR to alert Residency Program Personnel that the Medical Center is no longer responsible for the free laundering of uniforms. Residency Program Personnel will assure that the holidays listed in the contract are applied to each HSO. HR & Payroll will monitor that additional holidays are not taken. Residency Program Personnel will direct affected HSO to HR and complete required PAR. HR will provide appropriate paperwork and information to the HSO as it relates to paternity leave and FMLA. HR will provide the Union with 30 days advanced notice in writing in the event it chooses to change carriers. No action needed Effective 1/1/10, HR will pay $1,055 per year for each HSO to the Voluntary Hospital House Staff Benefits Plan. Effective 7/1/10 through 6/30/11, Residency Program Personnel will track on a spread sheet and pay eligible HSO for conference/tuition reimbursement that is approved prior and relevant up to $ for first year residents and $ per year for second year residents and above. Effective 7/1/11 and forward, the amount of CIR GRID Managers Page 4 of 6 Last printed 3/28/2012 7:45:00 PM 4

33 Article XV Grievance Procedure Article XVI Disciplinary Procedure Article XVIII Miscellaneous Items Article XXII Termination All House Staff Officers shall be entitled to reimbursement for books, journals, electronic database, educational software, USMLE Step III Exams, licensure fees, and conference fees. Conference fees shall be reimbursed in accordance with 2b) below. The total reimbursement listed in this paragraph can be used in any combination (books, journals, electronic database, educational software, USMLE Step III Exams, licensure fees, and conference fees). Documentation is required for reimbursement. Step 1 change 45 days to 15 working days for initiating grievance. Step 3 change 30 days to 15 days Change New Jersey Board of Mediation to American Arbitration Association (AAA) of New Jersey. Delete Section 5 Delete Section 8 and replace as follows: The Medical Center shall attempt in good faith to rearrange the schedules of House Staff Officers involved with grievance proceedings to participate in such proceedings in consideration with patient care needs. Section 3, Change New Jersey Board of Mediation to American Arbitration Association (AAA) of New Jersey. Delete Section 4, and replace a follows: The Medical Center shall attempt in good faith to rearrange the schedules of House Staff Officers involved with disciplinary proceedings to participate in such proceedings in consideration with patient care needs. Section 4, Delete and replace with There is no moonlighting by House Staff Officers. Delete Sections 6 & 7 Delete July 1, 2007 to June 30, 2010 and replace with July 1, 2010 to June reimbursement for the items identified (does not include travel) is increased to $1,000 per year for each HSO. The Residency Program Personnel will assure that each HSO seeking reimbursement has prior approval and original receipts and that the information is inputted on a spread sheet, with the original attachments and amounts and is sent to Payroll for processing. The Union will file grievances in accordance with modified provision. Human Resources will inform Management team of the new time frames (30 days less than the prior Contract) for the grievance procedure and allows working days to be counted and not just calendar days. HR will assure that grievances received are in accordance with contract. The Residency Program Personnel will work with the HSO and HR to modify schedules as long as patient care needs are not adversely affected. In the event of Arbitration, Union Leadership and HR will utilize the American Arbitration Association (AAA) of New Jersey. The Residency Program Personnel will work with the HSO and HR to modify schedules as long as patient care needs are not adversely affected. Residency Program Personnel will reiterate this provision to HSO. Human Resources will inform Payroll and Program Director and the Residency Program Personnel of the CIR GRID Managers Page 5 of 6 Last printed 3/28/2012 7:45:00 PM 5

34 and Renewal Side Letters Delete Side Letter RE: Family Leave Act Delete RE: Program Completion Delete Side Letter Re: Medical Dental Staff Committee Delete Page 27 Side Letter RE: ancillary services Page 28 Parking Fee Side Letter Delete references to daily, weekly and monthly rates. new dates of the contract. Human Resources will begin negotiations in May CIR GRID Managers Page 6 of 6 Last printed 3/28/2012 7:45:00 PM 6