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HomeMy Public PortalAbout011-2016 - Fire - Reid Hospital - Students to participate in clinicalsEMS STUDENT CLINICAL EDUCATION AGREEMENT THIS AGREEMENT is made between Richmond Fire Department ("Training Center") and Reid Hospital & Health Care Services and their affiliates ("Clinical Site"). WHEREAS, the Training Center operates as a training center, and offers a Paramedic training program for the education of students and as part of the curriculum the Training Center requires the use of medical facilities and supervised access to direct patient care to provide clinical training and experience to Students; and WHEREAS, the Clinical Site is willing to be a site for clinical education to students. NOW THEREFORE, in consideration of the foregoing premises and the mutual agreements set forth herein, the parties agree as follows: 1. Clinical Education Program. The Training Center has developed an integrated health profession curriculum that combines didactic and clinical training and experience for Students by the Training Center faculty ("Faculty"). The Faculty will be responsible for such teaching services and educational functions as determined by the Training Center. 1.1 The Training Center, in conjunction with the Clinical Site, will design, implement and administer a Program for Students with clinical training and experience to be provided in part of the Clinical Site. For said clinical training and experience, the Clinical Site will provide the use of its facilities and supervised access to direct patient care by Students in accordance with the Program. The Clinical Site agrees to assist the Training Center in evaluating the clinical performance of the Students in the Program_ 1.2 The Clinical site will designate a Program Coordinator for the Program at the Clinical Site. The Training Center will refer any problems regarding the design, implementation or administration of the program to the Program Coordinator for resolution. In the event the matter(s) referred to the Program Coordinator are not resolved to the satisfaction of the Clinical Site, such matter(s) will be referred for dispute resolution as set forth in Paragraph 16 here. 2. Placement. The placement of Students in the Program at the Clinical Site will be based upon the educational requirements of the medical curriculum and the Program at the Clinical Site, as determined jointly, from time to time, by the Clinical Site and Training Center. 2.1 The number of Students to be assigned to the Program at the Clinical Site and the term, rotation and assignment of the Students will be determined by the Training Center, in consultation with the Clinical Site. 2.2 Training Center agrees to provide qualified instruction and guidance for students assigned to Clinical Site. Training Center Faculty will be responsible for communicating and working with appropriate personnel at the Clinical Site to interpret Students' programs, to select learning experiences and to gain understanding of the Clinical Site's practices and regulations. 2.3 The Clinical Site will have the right to refuse to accept for placement any Students or Faculty in the Program at the Clinical Site or to request the removal of any Students or Faculty from the Program at the Clinical Site for cause upon written notification to the Training Center, such notification setting forth, in detail, the basis for the refusal or request for removal. The Training Center will comply with the refusal or request for removal. Any Pagel Contract No. 11-2016 • disciplinary proceedings against the Students will be conducted by the Training Center in accordance with its policies and procedures. 3. Facilities and Equipment. The Clinical Site will provide the physical space, facilities and such other office equipment, furniture, fixtures, medical equipment and expendable supplies as the parties hereto deem reasonably necessary for the Program at the Clinical Site. 4. Expenses of Program. The Students participate in the Program with no expectation of reimbursement of any expense or expectation of any salary or other monetary consideration. The Training Center and the Clinical Site agree that there are no expenses of the Program that are expected or anticipated to be paid by one party to the other party. 5. Student and Faculty Health Requirements. The Training Center will be required to keep on file the following information for students and faculty and must be able to provide proof upon request: - Proof of up-to-date immunization record; if record is not available, provide results of serum rubella, rubeola, mumps and varicella titers - Tuberculin screening - Influenza vaccination record (college or university must provide list of students and faculty vaccinated each fall & spring semester) - Urine drug screen — Non -negative results must be discussed with the Reid Director of Human Resources & Director of Innovations to determine if the student or faculty may participate in clinicals at Reid. 6. Criminal Background Check. Training Center will ensure that students and faculty have had a criminal background check performed not more than 3 months before placement at Facility, including Social Security trace, County Record Search for the past 7 years, Indiana State Police Repository, Criminal National Database Search, including Fraud and Abuse Control Information System (FACIS), Office of Inspector General (OIG) and Sex Offender Registry. Non -negative results must be discussed with Reid's Director of Innovations and Director of Human Resources to determine student or faculty's eligibility to participate in clinical at Reid. 7. Faculty Requirements. Training Center will insure that the faculty member is a faculty member in good standing. The Director of EMS must complete the Clinical Affiliating Faculty Competency Sheet & return to the Innovation Center prior to faculty beginning supervision of students. 8. Faculty and Student Orientation. All faculty and students must be oriented to Reid policies & procedures including, but not limited to, patient confidentiality, dress code, codes & OSHA, Infection Control, CARE standards, VOICE standards, professional behavior, & parking rules prior to beginning clinicals. 9. Requests for student and faculty sign ons. Written requests for faculty & student sign ons for clinical documentation systems must be made, using a spreadsheet provided by Reid, a minimum of 30 days prior to the beginning of clinicals. 10. Patient Care Services. The Students will be permitted to participate in the health care and related services to patients at the Clinical Site, consistent with their training and experience. These patient care services will be provided by the Students at the Clinical Site under the direct supervision of the Clinical Site, or staff of the appropriate discipline or of the Training Center Faculty. The Clinical Site and its staff of the appropriate discipline will retain ultimate authority and responsibility for the professional services provided to patients and all decisions related to the management of the patient. Page 2 10.1 In the event of a medical emergency, or when required under applicable standards of patient care, the Clinical Site or its staff of the appropriate discipline have the right to temporarily relieve a Student from a specific assignment or require that the Student step aside in a procedure. 10.2 The patient care services provided by the Students at the Clinical Site are considered to be part of the Clinical Site's own clinical activities. These clinical activities, which serve as training experiences for the Students, are designed to cover the service needs and social responsibility of the Clinical Site to its patients. 11. Student Occupational Exposure. In the event of Student or Faculty exposure to infectious or environmental hazards, or other occupational injuries as a result of the clinical assignment, Student or Faculty will seek immediate medical attention from Clinical Site consistent with Clinical Site's occupational exposure procedures. Such emergency care will be provided at usual or customary charges at the Student's or Faculty's expense. 12. Records. The Training Center will maintain all educational records and reports completed by the Students or others relating to the Program at the Clinical Site. The Clinical Site retains custody and control of all medical records and charts contained in patient files at the Clinical Site, and the Training Center, its Faculty or Students will not remove or copy such records except pursuant to a specific request in writing with respect to and from a patient or patients to whom such records pertain. 13. Regulatory Compliance. The parties acknowledge that currently there are, and from time to time may be, certain standards, rulings, regulations or orders issued by the Health Care Financing Agency, the Federal Trade Commission, or other federal, state or local governmental agencies regarding billings for professional services rendered to patients. In the event the Clinical Site undertakes to bill patients or third -party payors for any services rendered by the Students enrolled in the Program at the Clinical Site, or for the services of physicians and other health care professionals supervising the Students the Clinical Site is responsible for compliance with all applicable standards, rulings, regulations and orders, and will maintain such records and documentation as may be required to demonstrate such compliance. The Training Center has no obligation with respect to billings undertaken by the Clinical Site. 14. Professional Liability Claims. The Training Center will provide or cause the Students and Faculty to obtain professional liability insurance coverage for claims which may arise as a result of the clinical actions undertaken or performed, or failed to be undertaken or performed, by the Students or Faculty at the Clinical Site. The Training Center will provide to the Clinical Site, upon request, certificates of insurance or other documents evidencing the insurance coverage provided for in this Paragraph 14. 14.1 Insurance., Clinical Site will maintain its status as a qualified health care provider under Ind. Code 34-18-1-1 and will maintain professional liability insurance coverage in an amount equal to its maximum liability under Ind Code 34-18-1-1 et seq. Clinical Site shall maintain during the term of this Agreement general liability insurance with coverage limits of $1 million per occurrence and $3 million aggregate. The Training Center will maintain professional and general liability insurance with limits of at least $1 million per occurrence and $3 million aggregate. 14.2 The Clinical Site agrees to notify the Training Center of any and all actual, potential or alleged claims arising from the Students' participation in the Program at the Clinical Site. The parties agree to cooperate with each other in the defense of professional liability claims, and to assist each other in claims management, including, but not limited to, risk identification, claims investigation and control processes. Page 3 15. Legal Status. It is understood and agreed that the Students are health profession students enrolled in this clinical education training Program sponsored by the Training Center at the Clinical Site. The participation in patient care and other health services by Students at the Clinical Site are performed in fulfillment of certain academic requirements under the clinical supervision of the Clinical Site, its staff of the appropriate discipline and Training Center Faculty. The Students and Faculty are not deemed or considered to be employees of the Clinical Site or its corporate affiliates for any purposes as a result of their participation in the Program at the Clinical Site, and they will remain, at all times, students or faculty of the Training Center. 15.1 Except as otherwise provided herein, or per applicable training program requirements, it is mutually understood and agreed by the parties nothing in this Agreement is intended nor will be construed to create an employer/employee relationship, a joint venture relationship, a lease or landlord/tenant relationship between Training Center and Clinical Site or its employed or affiliated physicians, employees or agents. Training Center will neither have nor exercise any control or direction over the manner or method by which Clinical Site or its employed or affiliated physicians, employees or agents perform the services that are the subject of this Agreement. 16. Dispute Resolution. Any dispute, controversy or claim arising out of, or relating to, this Agreement, or the breach thereof, which cannot be settled between the parties first will be referred for determination and decision to a committee consisting of two (2) individuals designated by the Training Center, two (2) individuals designated by the Clinical Site and one (1) individual mutually agreed upon by the individuals designated by the Training Center and the Clinical Site. Each such designation (except the one (1) individual mutually agreed upon) may be changed by the designating party from time to time, and may be either by name or ex officio. The committee is required to issue its written decision within thirty (30) days following submission of the matter to the committee. The parties agree that the administrative dispute resolution process set forth in this Paragraph 16 will be exhausted prior to either party commencing any action in any court of competent jurisdiction, including claims for declaratory judgment, injunctive relief or other equitable relief. 17. Indemnification. Training Center and Facility agree to notify one another promptly of any claim made by or expected from a claimant against a party to this Agreement, which claim relates to the subject matter of this Agreement. The parties agree to cooperate to dispose of any such claim. Each party to this Agreement ("INDEMNITOR") agrees to indemnify and hold harmless the other party ("INDEMNITEE") (together with INDEMNITEE'S successors, assigns, directors, officers, employees, and any other person for whom INDEMNITEE may be legally responsible) from and against any loss, cost, claim, or expense, including reasonable attorney fees, arising from any act of negligence or other breach of duty by INDEMNITOR, its successors, assigns, directors, officers, employees, agents or students. If Training Center is an entity of the State of Indiana or Ohio, Training Center's obligation to hold Clinical Site harmless shall be limited in substance by statutes designed to protect and limit the exposure and liability of Training Center as an instrumentality of the State (e.g. the Indiana Tort Claim Act, Indiana Medical Malpractice Act, limited damages, prohibition on punitive damages, defense of contributory negligence, and similar Ohio statutes) so that Training Center's liability to hold harmless and indemnify shall not exceed what would be its liability to claimant if sued directly by claimant and all appropriate defenses had been raised by Training Center. Page 4 F . 18. Term and Termination. 18.1 The initial term of this Agreement will commence on January 1, 2016, for one (1) year. Thereafter, this Agreement will renew for additional one (1) year terms, unless terminated upon the happening of any of the following events: a. By the Training Center upon thirty (30) days written notice in the event of a bona fide academic credentialing or licensing authority recommendation or citation; or b. By any party in the event that another party defaults in the performance of its material obligation under this Agreement or breaches any material provision of this Agreement, provided that the defaulting party fails to cure its default within sixty (60) days after receiving written notice of default from the terminating party; or written notice; or C. At any time, with or without cause, by any party upon 60 days d. Whenever the parties mutually agree in writing. 18.2 In the event of termination, the parties will make every effort to temporarily continue this Agreement or make substitute arrangements to allow the Students to continue their training and education at the Clinical Site for the balance of their clinical rotation. 19. Notices. Any notice required, permitted or desired to be given under this Agreement will be in writing and personally delivered or sent by certified mail, return receipt requested, addressed as follows: As to Training Center: Richmond Fire Department 101 S. 5ch Street Richmond, In 47374 As to Clinical Site: Innovation Center, Reid Hospital & Health Care Services 1100 Reid Parkway Richmond, IN 47374 20. Assignment. This Agreement will not be assigned or assignable by either party without the prior written consent of the other party. 21. Amendment. This Agreement may be amended at any time and from time to time by written instrument executed by all parties. 22. Waiver of Breach. Waiver by either party of a breach of any of the terms or provisions of this Agreement by the other party at any time or times will not be deemed or construed to constitute a waiver of any subsequent breach or breaches of the Agreement at any subsequent time or times. 23. Survival. Notwithstanding termination of this Agreement as provided at Paragraph 18 herein, this Agreement will survive for the purpose of enforcing any remaining duties and obligations of the respective parties subsequent to such termination. 24. Binding Effect. This Agreement is binding upon, and the benefits inure to, the parties and their respective successors and permitted assigns. Page 5 25. Severance. If any term of this Agreement is determined unenforceable, such term will not affect the enforceability of the other terms of this Agreement, which can be given effect without the unenforceable provision. 26. Construction. This Agreement will be construed and enforced in accordance with the laws of the State of Indiana. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein, and supersedes any and all prior written or oral statements, understandings or agreements. 28. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which will constitute one instrument. 29. Confidentiality of Patient Records. The Parties agree to hold all individually identifiable patient health information (Protected Health Information) that may be shared, transferred, transmitted or otherwise obtained pursuant to this Agreement strictly confidential, and provide all reasonable protections to prevent the unauthorized disclosure of such information, including, but not limited to the protections afforded by applicable Federal, State and Local laws and/or regulations regarding the security and confidentiality of patient health care information including, but not limited to, any regulations, standards or rules promulgated pursuant to the authority of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Specifically, the Parties agree as follows: (1) to maintain safeguards as necessary to ensure that the Protected Health Information is not used or disclosed except as provided herein; (2) to ensure that any subcontractors or agents to whom it provides Protected Health Information received from the covered entity will agree to the same restrictions and conditions that apply with respect to such information; (3) to make available respective internal practices, books and records relating to the use and disclosure of Protected Health Information received from the other to HHS or its agents; (4) to incorporate any amendments or corrections to Protected Health Information when notified by the other that the information is inaccurate or incomplete; (5) to return or destroy all Protected Health Information received from the other that it still maintains in any form and not to retain any such Protected Health Information in any form upon termination of this Agreement; (6) they have applicable policies for providing access to Protected Health Information to the subject of that information; and (7) to report to the other any use or disclosure of Protected Health Information which is not provided for in this Agreement. It is further agreed that the individuals to whom Protected Health Information is disclosed pursuant to this Agreement are intended third party beneficiaries of this Agreement. IN WITNESS WHEREOF, the parties have caused this Clinical Education Agreement to be signed by their authorized representatives. CITY OF RICHMOND FIRE DEPARTMENT BY AND THROUGH THE RICHMOND BOARD OF PUBLIC WORKS AND SAFETY By: �Zu- f op%J Date: 22U— i� Print Name: Vicki Robinson. President Page 6 By. Print Name: Richard Foore Member By: Print Name: Anthony L. Foster, II, Member By: Print Name: David M. Snot Mayor REID HOSPITAL & HEALTH CARE SERVICES INC By: Print Name: Alyson Harrell Title: Director, Innovation Center Date: a-7" / /-- Z 0 "- Date: Date: a Date: -� 11 rl // La Page 7