HOUSE OFFICER AGREEMENT

 

 

 

 

THIS AGREEMENT is made the ­­­­­­______ day of _____________ by and between SSM Health Care St. Louis, owning and operating SSM St. Mary’s Health Center in St. Louis County, Missouri, hereinafter called “Health Center” and _______________., a graduate of an approved school of medicine or osteopathy hereinafter called the “House Officer.”

 

WHEREBY IT IS AGREED AS FOLLOWS:

 

1.         The House Officer shall begin his/her _______ Graduate Year of training in the Department of Internal Medicine which shall begin as of ___________ and continue until ______________ (unless makeup time is involved).  Dates must be strictly complied with.

 

2.         During the period of this Agreement, the House Officer shall be paid a stipend at the rate of $___________ per year payable in increments in accordance with the payroll schedule of the Health Center, and taxes shall be paid and withheld on the basis of the Physician being considered as an employee for the purposes of this Agreement.  In addition to the stipend, the House Officer is given a meal allowance for the hours that he/she is on duty.  Any form of compensated activity outside of the scope of the Educational Program by the House Officer will be considered a breach of contract and reason for suspension or dismissal unless special permission has been granted by the Program Director and the President of the Health Center.

 

3.         The Health Center shall provide an educational program that meets the Standards of the ACGME and its Internal Medicine RRC as defined in its current published “Program Requirements” and “Institutional Requirements” and shall maintain its staff, facilities, and Internal Medicine Residency policies in compliance with these standards.  ACGME stipulated benefits and conditions that are considered part of this Agreement are listed and defined in Exhibit A.

 

4.         Health Insurance Coverage:  You, your spouse and children will be eligible for health insurance under St. Mary’s Health Center’s Indemnity Plan or Managed Care Plan, Exclusive Choice.  While St. Mary’s Health Center will pay the monthly employer premium of either plan you select, you will be responsible for your portion of the monthly premium for the Plan you select.  The monthly premium will be deducted from your paycheck on a bi-weekly basis.

 

      Dental Insurance Coverage:  You, your spouse and children will be eligible for dental insurance under St. Mary’s Health Center’s Indemnity Plan.  While St. Mary’s Health Center will pay the monthly employer premium of the plan, you will be responsible for your portion of the monthly premium for the option you select.  The monthly dental premium will be deducted from your paycheck on a bi-weekly basis.

 

      Psychological Counseling Services: You, your spouse and children will have access to the St. Mary’s Health Center Employee Assistance Program (EAP) to provide confidential short-term psychological counseling and support for a wide range of personal problems. There is no cost for counseling provided by the EAP.

 

5.         Insurance Coverage.  At all times while this Agreement is in effect, [SSMHC St. Mary’s Health Center], as its sole cost and expense, agrees to procure and maintain, either through commercial policies or self-insurance professional liability coverage for losses arising out of the acts or omissions of [SSMHC St. Mary’s Health Center] or PHYSICIAN in the minimum amounts of One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) annual aggregate.  In the event that [SSM St. Mary’s Health Center] provides professional liability coverage on a claims-made basis, then [SSM St. Mary’s Health Center] shall, after the expiration or termination of this Agreement for any reason, maintain professional liability coverage (which may include self-insurance coverage) for professional liability resulting from acts or omissions of [SSM St. Mary’s Health Center] or PHYSICIAN occurring while this Agreement was in effect, up to the limits of the [SSM St. Mary’s Health Center]’s self insured retention as of the date the claim is made, but in no event shall such limits be less than One Million Dollars ($1,000,000) per occurrence and Three Million Dollars ($3,000,000) annual aggregate.

 

6.         The House Officer shall be given three weeks (21 days) vacation with remuneration during the first graduate year and three weeks (21 days) during each subsequent year, vacation to be taken at the convenience of the Health Center.

 

7.         In the event of accident or disability, the House Officer will received full stipend payment for the first three (3) months of illness or disability. After that, the House Officer will receive 50% or 60% of pay while disabled, depending on his/her election at the time of enrollment in Long Term Disability Insurance.  Such benefit will be coordinated with other sources of income the House Officer may receive while disabled including Social Security.

 

8.         The House Officer will comply with the established policies of St. Mary’s Health Center and its staff and the laws, rules and regulations to which the institution is subject, including without limitation, the Housestaff Manual for the Internal Medicine Training Program, and Joint Commission on Accreditation of Healthcare Organizations standards.

 

9.         In consideration of the salary and benefits provided pursuant to this Agreement, the House Officer agrees to receive only the benefits set forth here in lieu of additional benefits provided to other Health Center employees.

 

10.       Dress and personal grooming will at all times conform to Health Center policy and be acceptable to the Director of this service.

 

11.       The House Officer has obtained a license to practice medicine in the State of Missouri or a temporary license for practice in approved hospitals.  Failure to procure said license shall render this agreement null and void at the discretion of the Educational Committee.

 

12.       The House Officer shall complete the medical record of each patient under his/her care in a timely manner and in accordance with the Bylaws of the medical staff and the Housestaff Manual.

 

13.       The House Officer shall maintain up-to-date Procedure Logs as required by the residency program and the American Board of Internal Medicine.

 

14.       The House Officer shall fulfill the educational requirements of the Graduate Training Program and shall accept the obligation to make every effort to provide safe and effective and compassionate patient care as assigned or required under the circumstances as delineated in the “Program Requirements” of the ACGME and its Internal Medicine RRC and the “Requirements for Certification” of the American Board of Internal Medicine.

 

15.       Employment during the term of this contract is expressly conditioned upon satisfactory performance by the resident during the academic year.  In the event that the Program Director judges that the resident has not performed satisfactorily, this contract, at the option of St. Mary’s Health Center, shall become void.

 

16.       The Program Director and the House Officer will each give notice of intent not to continue in the program for the ensuing year at least six (6) months in advance of the expiration date of this contract.

 

17.       Grievance Procedure:

 

a.         The term “grievance” is defined as a dispute or controversy arising in the interpretation or application of this contract or any rule or regulation or policy or practice of the Health Center which pertains to the residency program.

 

b.         In the event that the House Officer has a grievance as defined herein above, he/she may within fourteen (14) days request a hearing before the Medical Advisory Committee before which Committee he/she shall have the right to be heard within a reasonable time after application in writing for a hearing is made to that Committee addressed to its Chairman.

 

c.         After the conclusion of the hearing the Chairman of the Medical Advisory Committee shall report the findings and recommendations of the Committee to the President of the Health Center and to the House Officer involved.

 

d.         Within fourteen (14) days after receipt of the findings and recommendations of the Medical Advisory Committee, the President or the House Officer may appeal the decision of the Medical Advisory Committee to the Board of Directors of SSM Health Care St. Louis or a committee appointed by the Board of Directors as determined by the Board.  The decision of the Board of Directors or their appointed committee shall be final.

 

18.       The House Officer is engaged as a trainee in the Educational Program of the Health Center and shall in that capacity be considered as an employee for the purposes of this Agreement.

 

19.       Exclusion from State and Federal Health Care Programs:  House Officer represents and warrants to Health Center that House Officer is not excluded from participation in any federal health care programs, as defined under 42.U.S.C.§ 1320a-7b(f), or any form of state Medicaid program, and to House Officer’s knowledge, there are no pending or threatened governmental investigations that may lead to such exclusion.  House Officer agrees to notify Health Center of the commencement of any such exclusion or investigation within seven (7) business days of first learning of it.  Health Center shall have the right to immediately terminate the Agreement upon learning of any such exclusion and shall be kept apprised by House Officer of the status of any such investigation.

 

20.       Confidentiality, Business and Financial Information:  House Officer acknowledges that during House Officer’s association with Health Center, House Officer will be brought into contact with Health Center’s confidential methods of operations, pricing policies, marketing strategies, trade secrets, knowledge, techniques, data and other information about Health Center’s operations and business of a confidential nature (“Confidential Information”) and that such Confidential Information has a special and unique value to Health Center.  Therefore, House Officer will not in any manner, directly or indirectly, disclose or divulge to any person, or other entity, whatsoever, or use for his/her own benefit or for the benefit of any other person or other entity whatsoever, directly or indirectly in competition with Health Center, any of such Confidential Information.  Upon the expiration or termination by any party for any reason of this Agreement, House Officer shall immediately return to Health Center any and all such Confidential Information in possession or control of House Officer.

 

21.       Patient Identifying Information:  All medical information and data concerning specific patients (including, but not limited to, the identity of the patients), derived from or obtained during the course of providing professional medical services under this Agreement, shall be treated and maintained in a confidential manner by House Officer.  All parties to this Agreement shall comply with all applicable federal, state and local laws and regulations regarding confidentiality of patient records, including but not limited to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and the Privacy Standards (45 C.F.R. Parts 160 and 164), the Standards for Electronic Transactions (45 C.F.R. Parts 160 & 162) and the Security Standards (45 C.F.R. Part 142) (collectively, the “Standards”) promulgated or to be promulgated by the Secretary of Health and Human Services on and after the applicable effective dates specified in the Standards, and shall not be released, disclosed, or published to any party other than as required or permitted under applicable laws.

 

22.       I acknowledge that I am participating in an academic training program and that the evaluations of my work and progress in my training are an integral part of the training program.  I acknowledge and agree that information resulting from such evaluations may be furnished by my residency program (without further consent by me) to certification boards and to any institution or organization to which I may apply for training, employment or privileges.  I agree to indemnify and hold harmless SSM Heath Care St.

Louis which owns and operates SSM St. Mary’s Health Center and their respective members, directors, officers and other administrators, or any of them, the Medical Staff membership at the Health Center, and any member, from expenses and attorneys’ fees arising from claims brought by me for the release of such information.

 

 

23.       Equal Employment Opportunity:  SSM St. Mary’s Health Center is an equal opportunity employer.  As part of its affirmative action policies and obligations, SSM St. Mary’s Health Center is subject to and will comply with the provisions governing federal contractors as set forth in 41 CFR 60-1.4(a), 41 CFR 60-741.5(a) and 41 CFR 60-250.5(a), and these regulations are hereby incorporated into this contract by reference.

 

 

SSM Health Care St. Louis, owning and operating

SSM St. Mary’s Health Center

 

 

 

____________________________                      ____________________________

Sr. Susan Scholl                                                     Morey Gardner, M.D.

President                                                                Program Director

 

 

_____________________________

House Officer Signature

 

 

 

_____________________________

House Officer Print Name

 

                                               

 

______________________________

Date

 

 

 

 

EXHIBIT  A

Listing of ACGME Stipulated Benefits Schedule that are Part of this Houseofficer Agreement as Detailed in this Contract

 or in the St. Mary’s Health Center July 2005 Housestaff Policy Manual (Exhibit B, Attached)

 

 

	Benefit Condition, Policy Categories	Where Benefit Can Be Found
		House Officer Agreement	Housestaff Policy Manual 2005
1.	Resident responsibilities		Section 3&4
2.	Duration of appointment	Section 1
3.	Financial support	Section 2
4.	Conditions under which meals are provided	Section 2
5.	Conditions for reappointment	Section 15&16
6.	Grievance procedures and due process	Section 17
7.	Professional liability insurance	Section 5
8.	Liability insurance coverage for claims filed after completion of program	Section 5
9.	Health and disability insurance	Section 4&7
10.	Leave of absence policy		Section 17
11.	Vacation policies	Section 6	Section 2(b)
12.	Parental leave of absence		Section 16
13.	Sick leave policies		Section 16
14.	Policy on affects of leaves on satisfying criteria for program completion		Section 2(c)
15.	Duty-hour policies and procedures		Section 8(a)
16.	Policy on moonlighting	Section 2	Section 2(d)
17.	Policy on other professional activities outside the program	Section 2	Section 2(d)
18.	Counseling, medical, psychological support services	Section 4
19.	Policy on physician impairment and substance abuse		Section 18
20.	Policy on sexual harassment		Section 19

 

 

 

 

 

EXHIBIT  B

 

 

ST. MARY’S HEALTH CENTER

HOUSESTAFF POLICY MANUAL

JULY 2005