SUMMA HEALTH SYSTEM HOSPITALS

Transcription

1 SUMMA HEALTH SYSTEM HOSPITALS This Agreement is a sample resident agreement and contains provisions that Summa has used in its past agreements with residents. Summa retains the right to add, delete and otherwise alter the language in this Agreement in its sole discretion. RESIDENT CONTRACT This agreement between Summa Health System Hospitals ( SYSTEM ) and, ( RESIDENT ) is entered into for one year beginning and ending. This agreement serves as a single statement of understanding between the RESIDENT and the SYSTEM. The SYSTEM agrees to, and the RESIDENT accepts, appointment as a trainee under the following terms and conditions: Training Program Training Level in Program Stipend Amount $ per annum Stipend increments will be made annually upon contract renewal, on the anniversary of the date at which the residency began. Renewal will depend on the results of evaluation by the residency director and faculty and on satisfactory performance of assigned duties. General Agreements of the contract are as follows: a. Term: Unless mutually agreed otherwise, RESIDENT appointments to the SYSTEM S residency programs are for a period of twelve (12) consecutive months, although resident agreements entered into between the parties with a term commencing other than on or about the beginning of the traditional graduate medical education academic year may not reflect a twelve (12) consecutive month period. This agreement may be renewed by mutual agreement for additional one (1) year periods based on the normal and customary period required for the RESIDENT to complete the educational program as specified within the agreement, and the RESIDENT S continued satisfactory performance toward the completion of such educational duties. A decision by either party not to renew shall result in termination of the Agreement on the expiration date with no further rights and responsibilities. b. Governing Law: This Agreement shall be interpreted and enforced in accordance with the laws of the State of Ohio.

2 c. Assignment: The RESIDENT may not assign or transfer this Agreement. d. Entire Agreement: This Agreement constitutes the entire understanding of the parties with regard to the subject matter contained herein, and this Agreement supersedes and replaces any prior Agreements with regard to this subject matter. The SYSTEM agrees to provide the following: a. Living quarters: The SYSTEM shall provide an on-call room for non-exclusive use by the RESIDENT for nights of scheduled duty in the SYSTEM. No other living quarters shall be provided. b. Liability Insurance: The SYSTEM shall provide professional liability insurance to cover professional acts performed by the RESIDENT as an employee of the SYSTEM for the duration of training and such coverage will provide legal defense and protection against awards from claims reported or filed during or after the completion of graduate medical education if the alleged acts or omissions of the RESIDENT are within the scope of the education program. c. Hospital Litigation: The RESIDENT will cooperate with SYSTEM, or its attorneys, in helping SYSTEM defend any claim of malpractice that SYSTEM is involved in. This cooperation will continue even after RESIDENT has completed his/her residency training and will apply to any RESIDENT, whether or not the RESIDENT is named in malpractice claim against the SYSTEM. d. Life Insurance: The SYSTEM shall provide insurance on the life of the Resident to the extent of thirty eight thousand dollars ($38,000.00). e. Tax Sheltered Annuity Plan: The SYSTEM, through pre-tax payroll, allows for unmatched contributions to a 403B Tax Sheltered Annuity Plan. f. Vacation: The SYSTEM shall provide three (3) weeks of paid vacation per year which shall be taken at times mutually agreed upon by the RESIDENT and residency director. g. Bereavement Leave: The SYSTEM provides for paid time off in accordance with the SYSTEM S Human Resource Employee Policy Manual for death of a close family member. h. Meals: The SYSTEM shall furnish meals in the cafeteria when the RESIDENT is on duty. Meals shall be eaten on the SYSTEM premises. 2

3 i. Laundry Services: The SYSTEM shall furnish and launder the RESIDENT S lab coats. j. Health Club Membership: The SYSTEM shall provide membership to the Merriman Road Bally Health Spa. k. Illness: The SYSTEM shall continue payment to the RESIDENT of his/her salary during periods of illness in accordance with the policies outlined in the House Staff Manual. l. Medical Benefits: The SYSTEM shall provide disability insurance, insurance benefits for dental and vision care, and group health coverage for the RESIDENT and eligible spouse and dependent children. m. Conferences: The SYSTEM may provide funding for educational conferences as deemed appropriate by the residency director, and in accordance with the policies outlined in the House Staff Manual. n. Dismissal: The SYSTEM shall not suspend or dismiss the RESIDENT from the graduate medical education program of the SYSTEM except in accordance with the House Staff Manual. o. Evaluation: The residency director, with the participation of the program faculty, will at least annually evaluate the knowledge, skills, and professional growth of the RESIDENT. The results of this evaluation will be made known to the RESIDENT. The written records of the evaluation will be accessible to the RESIDENT. p. Accreditation Status: The SYSTEM will inform the RESIDENT of adverse accreditation actions taken by the Accreditation Council for Graduate Medical Education in a reasonable period of time after the action is taken. Should the SYSTEM begin the process of closing a residency training program for accreditation reasons or for other reasons, the RESIDENT will be informed as early as possible. In case of such a closure or in case of the closure of the SYSTEM, the RESIDENT will receive treatment equal to that provided to other staff. q. Regulatory Recommendations: Compliance is required with OSHA and CDC recommendations which assume that every direct contact with a patient s blood and other body substances is infectious and requires the use of protective equipment to prevent parenteral, mucous membrane and non-intact skin exposures to the health care provider. The SYSTEM agrees to provide, and make readily available, personal protective equipment to include gloves, face protection (masks and goggles), and cover gowns. 3

4 r. Duty Hours: Resident duty hours and on call schedules will conform with Accreditation Council on Graduate Medical Education requirements. All residents are expected to be rested and alert during duty hours. Program faculty will determine whether a house officer is able to perform duty hours. The resident agrees to: a. Duties and Responsibilities: The RESIDENT will perform satisfactorily and to the best of his/her ability the customary duties and obligations of the above named educational program as established by the educational program s standards of performance, including keeping charts, records, and reports signed and up to date. b. Rules and Regulations: Throughout the term of this Agreement, the RESIDENT agrees to be governed by and to abide by the House Staff Manual, the Bylaws, the Rules and Regulations and all established practices, procedures and policies of the SYSTEM as determined by the medical staff, the board of trustees, and the administration of the SYSTEM. c. Behavior: RESIDENT behavior shall, at all times, reflect the professional conduct and ethical standards consistent with the SYSTEM. d. Study Program: The RESIDENT shall develop a program of self study and personal and professional growth, and shall seek guidance from the teaching staff of the SYSTEM. e. Patient Care: The RESIDENT shall provide medical care in a safe, effective and compassionate manner under the supervision of the medical staff of the SYSTEM, which supervision shall be commensurate with the level of advancement and responsibility assumed by the RESIDENT. f. Reporting: The RESIDENT understands that suspension, dismissal or limitation on the RESIDENT S scope of practice due to any incident related to poor medical judgment and/or substance abuse may be reportable to the Department of Health of the State of Ohio and the National Practitioner Data Bank. g. Sexual Harassment: The RESIDENT agrees to abide by the Sexual Harassment policy of the SYSTEM as set forth in the House Staff Manual. 4

5 h. Corrective Action and Grievances: The RESIDENT agrees to abide by the Corrective Action and Grievance policies of the SYSTEM as set forth in the House Staff Manual. i. Educational Activities: The RESIDENT shall participate fully in the educational activities of the program, and as required, shall assume responsibility for teaching and supervising other residents and students. j. Medical Staff Participation: The RESIDENT shall participate in institutional programs and activities involving the Medical Staff, and shall participate in institutional committees and councils as directed relating to the practice of medicine within the SYSTEM, particularly relating to Patient Care Review activities. k. Utilization: The RESIDENT agrees to utilize services within the SYSTEM in a manner that will optimize patient care and minimize cost for the patient and the SYSTEM. l. Call Schedules: The RESIDENT shall abide by the call schedules currently in effect for the department within which services are to be performed under this Agreement. m. Outside Activities: The RESIDENT shall not engage in remunerative activities, other than those performed pursuant to this Agreement, without obtaining the prior consent of the residency director. If the RESIDENT is granted permission to participate in outside work, the RESIDENT does so subject to his/her own legal responsibility, and is functioning outside the scope of this Agreement and his/her residency program at the SYSTEM. n. Physical Exam: The RESIDENT agrees to undergo a physical examination (which includes drug screening) by a Summa physician before the beginning date of the contract with the results reported promptly to the residency director. It is agreed that final acceptance of the RESIDENT and continuation in the program is contingent upon the results of such examination being satisfactory to the residency director and the SYSTEM. Any future or further medical examinations are at the sole discretion of the residency director, and the RESIDENT agrees to undergo these examinations as requested. It is understood and agreed that a breach of this provision shall result in immediate termination from the residency program. o. Continuing Education: The RESIDENT understands and agrees that any renewal of this Agreement is contingent upon remaining in good standing in the SYSTEM S graduate medical education program. 5

6 If this contract is not renewed or should the RESIDENT be suspended or dismissed, this contract will terminate at the time the RESIDENT is suspended or dismissed or at the time of non-renewal. THE PARTIES HAVE EXECUTED THIS AGREEMENT BELOW: Resident Signature Date Resident Name (print or type) Vice President, Medical Education& Research Signature Date Joseph Zarconi, M.D. Vice President, Medical Education& Research Name (print or type) 6