RESIDENCY AGREEMENT THIS AGREEMENT is made this _____ day of _________________, 20__ by Oakwood Healthcare, Inc. a Michigan nonprofit corporation (“Oakwood”) and ____________________ _____________________ ,M.D.,(“Resident”). The term of this Agreement shall be from July1, __________ through June 30, __________ . Section 1 Appointment. Oakwood offers to Resident and Resident accepts appointment as House Officer Year ________in the Oakwood _______________________ Residency Program under the terms and conditions of this Agreement. Resident must meet Oakwood’s requirements for credentialing and employment as specified in the Resident Handbook. The Resident Handbook is available at www.oakwood.org under the link for Programs and Services- Medical Education - Resident Policies. Section 2 Oakwood’s Obligations. 2.1 Teaching Staff. Oakwood will supply a teaching staff and a physical environment conducive to improving the Resident’s medical knowledge and skills. Oakwood shall orient the Resident to the facilities, philosophies, rules, regulations, and policies of Oakwood and the Institutional and Program Requirements of the ACGME and RRC. 2.2 Supervision. Oakwood will provide supervision to Resident when Resident is carrying out patient care responsibilities, in accordance with supervision guidelines developed from time to time by the Resident’s Program Director. 2.3 Support. Oakwood shall facilitate the Resident’s access to counseling and psychological support services, when, in the discretion of the Resident’s Program Director, the Resident requires such counseling and psychological support. See Oakwood’s Resident policy regarding counseling and support in the Resident Handbook. Also see: Oakwood’s Resident policy regarding physician impairment and Oakwood’s Human Resources Policy and Procedure Manual regarding the Oakwood Fitness for Duty policy. 2.4 Benefits. Oakwood shall provide the Resident with the following compensation and benefits: 2.4.1 Compensation of $_______________ per year, payable throughout the term of this Agreement in equal installments on a bi-weekly basis. 2.4.2 The fringe benefits, including health and disability benefits, are described in the House Officer Benefit Information Packet contained in the Resident Handbook. For convenience, a summary of the fringe benefits is attached to this Agreement. 2.4.3 Laboratory coats, free of cost, for Resident's use while fulfilling his/her obligations under this Agreement. 2.4.4 Sleeping quarters for Resident's use when Resident is required to remain on Oakwood premises to fulfill his/her obligations under this Agreement. 2.4.5 Fifteen (15) paid vacation days per year. The Resident must submit requests for vacation time in writing to the Program Director and the Medical Education Office at least one month in advance of the requested vacation time. All requests for vacation time must be approved by the Program Director and the Medical Education Office. On certain clinical rotations, a "no vacation" policy may apply. 2.4.6 Ten (10) paid sick days per year. In order to receive compensation for sick days, the Resident must notify the Program Director of his/her illness before or at the earliest possible time on the sick day. If the Resident uses more than two (2) sick days in any 30 day period, the Resident must obtain a return to work release from a physician. The release must be submitted to Oakwood Human Resources. Unused sick days shall not carry over into a subsequent contract year and Resident shall not receive compensation for sick days, which are not used within a contract year. 2.4.7 Three (3) personal days per year with pay, provided the Resident obtains the approval of the Program Director and the Medical Education Office prior to the personal day and provided the reason for and use of personal day(s) is in accordance with Oakwood policy 2.4.8 Professional, Personal, Maternity, Paternity, or Adoption leave of absence in accordance with Oakwood's Leaves of Absence Policy, as described in the Resident Handbook. If Resident does not qualify for a leave of absence under Oakwood’s Leaves of Absence Policy, a leave of absence may be granted by the Program Director and the Director of Medical Education at their discretion. The Directors will generally follow the Specialty Board Certification Requirements when making this determination. The foregoing notwithstanding, an unpaid leave of absence cannot be granted unless approved by the Oakwood Human Resources Department. 2.4.9 Professional Liability insurance to cover Resident's acts or omissions performed within the scope of Resident's obligations under this Agreement and within the scope of Resident's limited license to practice medicine, with built-in tail coverage for a period of not less than five (5) years. No professional liability insurance will be provided to the Resident for any acts or omissions performed outside the residency program, including activities specifically approved by the Program Director such as, but not limited to moonlighting activities. The details of the malpractice coverage shall be provided to Resident in an annual letter from Oakwood’s Corporate Risk Management. 2.4.10 Reimbursement for continuing medical education conference expenses, books, professional dues, and license fees in accordance with the Educational Allowances Policy, which is attached to and incorporated into this Agreement as Exhibit 1. To receive reimbursement under this section, the Resident must submit to the Director of Medical Education receipts for all expenses to be reimbursed. 2.4.11 A meal allowance, for meals while on duty, will be provided bi-weekly in accordance with Exhibit 1. The amount will be added to Resident’s paycheck. 2 2.4.12 A one-time, interest-free loan of up to $2,000.00. Any funds borrowed under this Section shall be repaid in regular equal installments automatically deducted from the Resident's paycheck over a six (6) month period. 2.4.13 Oakwood reserves the right to modify the plan of benefits set forth at any time. The Resident will be notified of any change in the plan of benefits. 2.5 Duty hour assignments shall be in compliance with state, federal and ACGME requirements as described in the Resident Handbook. 2.6 Oakwood shall notify Resident as soon as possible if the Resident training program is to be reduced in size or closed. See the Resident Handbook. 2.7 Upon satisfactory completion of the Program and its requirements, the Resident’s responsibilities, and termination of House Staff status, Oakwood shall furnish to the Resident a Certificate of Completion for the Program. Section 3 Resident's Obligations. 3.1 Personal Plan. With guidance from the Oakwood teaching staff, the Resident shall develop a personal program of self-study and professional growth. The Resident shall demonstrate competency in patient care, medical knowledge, interpersonal and communication skills, practice based learning and improvement, professionalism, and systems based practice by program completion. 3.2 Patient Care Responsibilities. Under the supervision of Oakwood teaching staff, the Resident shall participate in the safe, effective and compassionate care of Oakwood's patients at a level commensurate with the Resident's level of advancement in the Residency Program. 3.3 Institutional Policies. At all times while fulfilling his/her obligations under this Agreement, the Resident shall adhere to all applicable Oakwood rules, regulations, policies, procedures and guidelines, including, but not limited to, the Resident Handbook, the Oakwood Human Resources Policy and Procedure Manual, and the Oakwood Medical Staff Bylaws, Rules and Regulations and Oakwood’s Compliance and Business Practices policies. The Resident also must adhere to the applicable policies, rules, regulations, procedures and guidelines of any nonOakwood institution or facility where Resident is assigned under this Agreement. Additionally, the Resident shall adhere to all applicable state, federal and local laws, as well as standards required to maintain accreditation by the JACHO, the ACGME, the RRC; and any other relevant accrediting, certifying, or licensing organization, including the State of Michigan Medical Board. 3.4 Compliance Reporting. The Resident shall report immediately a) to Oakwood’s Compliance Office and/or Legal Affairs Department any inquiry by any private or governmental attorney or investigator or b) to Oakwood’s Public Relations Department any inquiry by any member of the press. The Resident understands that Oakwood encourages the Residents full cooperation with any governmental investigation or inquiry. The Resident agrees not to 3 communicate with any inquiring private attorney or members of the press except to refer such private attorneys to the Compliance Office and/or Legal Affairs Department and to refer the press to the Public Relations Department. Also see Oakwood’s Code of Conduct and Code of Ethics policies. 3.5 Drug Testing Policy. Resident acknowledges and agrees that his/her acceptance into the Residency Program is conditioned on Resident submitting to a drug test prior to beginning the Residency Program. Testing will be done in accordance with the Pre-Placement Testing procedure described in the Fitness for Duty provision of the Oakwood Human Resources Policy and Procedure Manual. Refusal to submit to drug testing will result in the immediate termination of this Agreement. A substantiated positive drug test may result in immediate termination of this Agreement. The foregoing notwithstanding, Resident will be required to submit to alcohol/drug testing whenever reasonable cause exists to believe that the Resident’s ability to fulfill his/her obligations under this Agreement may be impaired by alcohol and/or drugs. A positive test result will be handled in accordance with the guidelines set forth in Oakwood’s Human Resources Policy and Procedure Manual. 3.6 Educational and Scholarly Activities. The Resident shall participate fully in the educational and scholarly activities of his/her program and, as requested by the Resident's Program Director and department, assume responsibility for teaching and supervising other residents and medical students. 3.7 Medical Staff Activities. The Resident shall participate in Oakwood programs and activities that involve the Oakwood Medical Staff, including but not limited to quality assurance and patient safety programs. 3.8 Licensure. Resident shall obtain a full license or a limited postgraduate license to practice medicine in the State of Michigan prior to providing patient care under this Agreement. Resident shall provide the Medical Education Office with a copy of his/her license, and shall notify the Program Director immediately in the event that the Resident's license expires without renewal or is restricted, suspended, revoked or limited in any manner. Resident shall not provide patient care under this Agreement until Resident has presented a copy of his/her license to the Medical Education Office. 3.9 Medical Records. The Resident shall completely document the care rendered to patients in the medical record for each patient for which the Resident provides care in accordance with all Oakwood policies, rules, and regulations, including the Oakwood Medical Staff Bylaws and Rules and Regulations. 3.10 Presence in House. The Resident shall at all times be present in the areas and during the hours to which he/she is assigned to patient care responsibilities, except when prevented from doing so by personal illness, injury or some other reason for which the Resident has obtained the prior approval of his/her Program Director. The Resident must notify his/her Program Director of all absences and shall, if at all possible, find a replacement resident to assume his/her responsibilities for the duration of the absence. 4 3.11 Full-Time Commitment and Moonlighting Policy. The Resident shall devote his/her efforts full-time to fulfilling of the Resident's obligations under this Agreement. The Resident shall obtain the prior written consent of the Program Director before engaging in any professional activities outside of the Residency Program. Oakwood’s policy on moonlighting by Residents is available from the Program Director. Oakwood’s policy on moonlighting is available from the Resident’s Program Director and in the Resident Handbook. 3.12 Notices. Immediately upon receipt of a notice of a possible or confirmed quality of care issue involving the Resident from the Michigan Peer Review Organization or other agency, or a notice of claim or possible claim alleging medical malpractice or professional misconduct, or its equivalent, the Resident shall immediately provide the Program Director with a copy of the notice and shall cooperate with Oakwood in preparing a response to the notice. 3.13 Committees. The Resident shall participate in Oakwood's institutional committees and councils, especially those related to patient care review activities, medical/legal issues, socioeconomic issues, ethics, cost containment and educational programs when requested to participate by the Program Director or by the Medical Education Office. 3.14 Program Evaluation. The Resident shall participate in evaluation of the quality of education provided in the Oakwood Residency Program when requested to participate by the Program Director or the Medical Education Office. 3.15 Oakwood Property. The Resident shall return at the same time as the expiration or termination of this Agreement all Oakwood property, including, but not limited to books, equipment, paper, PDAs; complete all necessary records; and settle all professional and financial obligations. Section 4 Evaluation and Advancement. 4.1 Evaluation . Resident shall be evaluated in writing and the Resident’s performance reviewed with him/her in accordance with the Policy on Resident Evaluation and Promotion, described in the Resident Handbook. 4.2 Advancement. Resident shall advance to the next level in the Oakwood Residency Program only when, in the opinion of the Program Director, the Resident has satisfied the evaluation criteria described in the Resident Handbook. The Program Director shall provide the Resident with written notice of advancement or failure to advance no later than March 1 of the contract year, unless, at that time, Resident is in a formal corrective action plan (see Section 4.3 of this Agreement). 4.3 Corrective Action. If the Program Director believes corrective action is necessary to address any difficulties or deficient areas in the Resident's performance noted during the evaluation process or during the course of the Resident's performance of his/her obligations under this Agreement, the Program Director may take corrective action to address the difficulty or deficiency in accordance with the Due Process Policy and Procedure described in the Resident 5 Handbook. Section 5 Summary Suspension. 5.1 Right to Suspend. Other provisions of the Agreement notwithstanding, the Oakwood Board of Directors, the Resident's Program Director, or the Director of Medical Education may summarily suspend the Resident from the Oakwood Residency Program, in accordance with the Due Process Policy and Procedure described in the Resident Handbook. The person or body initiating a summary suspension shall provide the Resident with immediate written notice of the summary suspension, and, if initiated by the Board of Directors, shall also provide the Program Director and the Director of Medical Education with notice of the suspension. Section 6 Termination. 6.1 Termination by Oakwood. Oakwood may terminate this Agreement if Oakwood determines in its sole discretion that the Resident has failed or is unable to perform his/her duties under this Agreement in accordance with applicable standards of medical practice, has failed to comply with Oakwood policies, procedures, rules or regulations, or has breached this Agreement. Oakwood shall not be required to take any corrective action under Section 4.3 prior to terminating the Agreement in accordance with this Section. Through the Director of Medical Education, Oakwood shall provide the Resident with written notice of the termination, which notice shall specify the date of termination and the reasons for the termination. Termination of this Agreement shall constitute dismissal from the Oakwood Residency Program. Section 7 Reconsideration. 7.1 Right to Reconsideration. The Resident may request reconsideration of a summary suspension under Section 5, termination of this Agreement under Section 6, or any corrective action taken by Oakwood under Section 4.3. Requests for reconsideration must be made in writing to the Director of Medical Education and in accordance with the Due Process Policy and Procedure described in the Resident Handbook. Discrimination and Harassment. It is the policy of Oakwood that all residents Section 8 have the right to work in an environment free from discrimination, which encompasses freedom from harassment. It is the policy of Oakwood not to tolerate discrimination or harassment on the basis of race, color, religion, sex, national origin, age, disability, marital status, veteran status, height, or weight. No member of Oakwood’s community--employee, physician, volunteer, guest, applicant, or vendor—may discriminate against or harass any person. Furthermore, no member of Oakwood’s community is expected to tolerate any form of discrimination or harassment. The Oakwood policies prohibiting discrimination and harassment are available in the Oakwood Human Resources Policy and Procedure Manual. Any complaints of discrimination or harassment brought by or against any Resident shall be handled in accordance with Oakwood’s corporate policy, which is available to the Resident in the Oakwood Human Resources Policy and Procedure Manual. 6 Section 9 Dispute Resolution. 9.1 Resident Grievance Procedure. Oakwood has established a procedure that will provide an assessment and resolution of Resident concerns. The Resident Grievance Procedure is available to all Residents who have concerns or issues related to the interpretation, application, or breach of a policy, practice, or procedure in their educational program. The Resident Grievance Procedure is the sole and complete mechanism for resolution of Resident concerns. The procedure is described in the Resident Handbook. The foregoing notwithstanding, the Resident Grievance Procedure may not be utilized to address issues related to summary suspension under Section 5, termination of this Agreement under Section 6, or any corrective action taken by Oakwood under Section 4.3; The Due Process Policy and Procedure (described in the Resident Handbook) must be utilized in this instance. Section 10 Entire Agreement - Modification, Governing Law. This Agreement constitutes the entire agreement between Oakwood and the Resident with respect to the subject matter of the Agreement, and supersedes any and all other agreements, either oral or in writing, between the parties with respect to this subject matter. No modification of or addition to this Agreement shall be valid unless it is in writing and signed by the Director of Medical Education and the Resident. Michigan Law governs this Agreement. If any provision of this Agreement cannot be enforced, the remainder of the Agreement shall remain in full force and effect and shall be interpreted in a manner which best fulfills the intent of the Agreement. I AGREE THAT: 1. I WILL ONLY access information I need to do my job. 2. I WILL NOT show, tell, copy, give, sell, review, change or trash any confidential information unless it is part of my job. If it is part of my job to do any of these tasks, I will follow the correct department, hospital, and/or institutional procedure (such as shredding confidential papers before throwing them away). 3. I WILL NOT misuse or be careless with confidential information. 4. I WILL KEEP my computer password secret and I will not share it with anyone. 5. I WILL NOT use anyone else’s password to access any Oakwood system. 6. I AM RESPONSIBLE for any access using my password. 7. I WILL NOT share any confidential information even if I am no longer an Oakwood employee. 8. I KNOW that my access to confidential information may be audited. 9. I WILL tell my supervisor if I think someone knows or is using my password. 10. I KNOW that confidential information I learn on the job does not belong to me. 11. I KNOW that Oakwood may take away my access at any time. 12. I WILL protect the privacy of our patients and employees. 13. I WILL NOT make unauthorized copies of Oakwood software. 14. I AM RESPONSIBLE for my use or misuse of confidential information. 15. I AM RESPONSIBLE for my failure to protect my password or other access to confidential information. Failure to comply with this agreement may result in the termination of employment at Oakwood and/or civil or criminal legal penalties. By signing this Residency Agreement, I 7 agree that I have read, understand and will comply with this confidentiality agreement in addition to all the other terms. I understand that my training program may require that I participate in providing clinical care at any hospital, facilities and/or programs. This statement is to authorize Oakwood to provide any information including, but not limited to, information from my personnel file as maintained by the Medical Education Department at Oakwood, insurance and claims history information, and any other information relating to my service as a Resident at Oakwood to these facilities. OAKWOOD HEALTHCARE, INC. RESIDENT Signed: Resident Date PROGRAM DIRECTOR Signed: _____________________________________ Program Director Date Signed: Mark D. Hannis, M.D. Director of Medical Education EXHIBIT 1 SUMMARY OF EDUCATIONAL ALLOWANCES 8 YEAR OF ON CALL TRAINING WEEKLY MEALS CONFERENCE ALLOWANCE PROFESSIONAL DUES MEDICAL LICENSE BOOK ALLOWANCE $400 and 3 days $105 $165 $200 $1000 and 5 days $105 $165 $300 $1200 and 5 days $105 $165 $400 $1200 and 5 days $105 $165 $500 paid biweekly 1 $37.20 (28.95 + 8.25 for taxes) 2 $32.00 (24.96 + 7.04 for taxes) 3 $32.00 (24.96 + 7.04 for taxes) 4 $32.00 (24.96 + 7.04 for taxes) 9 Policies on Allocation of Book Funds 1. Prior approval by Program Director and the Director of Medical Education is required. 2. Book allotment may be spent on books, journals, audio tapes, video tapes and/or CME oriented medical software. 3. Book allotment may not be spent for conferences. 4. Book allotment may not be carried over from year to year. 5. Residents should not purchase books without prior approval and expect to be reimbursed. Policies on Conference Allowance 1. Prior approval by Program Director and the Director of Medical Education is required at least 45 days prior to the start of conference. A xerox copy of program is required. 2. An average of 4 hours of CME per day of conference is required for approval. 3. Conferences must take place in the continental United States or Canada. 4. Conference allowance may be carried over from year to year. 5. Conference allowance in whole or part may be spent as a book allowance. 6. Conference days may not be carried over from year to year. 7. Conference funds may be utilized for specialty Board certification fees with prior approval. 8. Conference days may still be used for approved conferences even if the resident has expended all of their conference allowance for books or Board certification fees. Policies on Professional Dues 1. Dues must be spent on the primary organization of the resident's training program (i.e., ACP, AAFP, ACOBGYN, etc.) 2. Prior approval is required by the Program Director and the Director of Medical Education. 3. Dues allotment may not be carried over from year to year. 4. Dues allotment may not be spent for any other purpose. Policies on Medical License Fee Allowance 1. Prior approval of Program Director and the Director of Medical Education is required. 2. Medical license allowance may not be carried over from year to year. 3. Medical license allowance may not be spent for any other purpose. 10 Medical Education Committee Policy Draft: _________________ Approved: June 15, 2006 Revised: ________________ Medical Education Policy for Counseling & Support Services Personal issues that sometimes emerge during residency include stress due to work problems, conflict between personal demands, family life, and professional workload, and psychological/psychiatric problems. In these and other situations, Medical Education recognizes the benefit of mental treatment and counseling in supporting residents’ personal and professional growth. Medical Education has identified a number of internal resources and will assist residents desiring confidential treatment outside of the Oakwood Healthcare System (see attached). 11 In-Network Resources for Residents Oakwood Employee Assistance Program (EAP) Oakwood’s EAP provides brief, confidential assessment and treatment services for employees/residents experiencing work or family related stress or substance use concerns at no charge. For individuals requiring longer-term treatment, EAP staff will help facilitate referral to a qualified community provider. Medical Education may initiate a Supervisor Formal Referral for evaluation and treatment of possible emotional, substance-related, and learning problems. EAP staff may also serve as a liaison between Medical Education and community providers. Oakwood EAP is located in Suite 235, Village Plaza. Linda Cunin, ACSW, CEAP, is the Program Director (313-791-4855; 800-327-1127). Additional information is available on Oaknet. APEX Behavioral Health APEX is OSHCare’s contracted mental health and substance use provider. APEX has approximately 20 psychiatrists and 70 psychologists, social workers, couples and family therapists on staff at seven locations. Residents must contact Value Options for approval of mental health/substance use services (877-813-5362). Jill Blackson, ACSW, is the Project Manager for APEX. She is available to help residents select a therapist or psychiatrist for confidential treatment (734-405-0175, ext 111). To schedule an appointment at the Westland office, call 734-729-3133. The Dearborn office number is 313271-8170. Web-address is: www.APEXBehavioralHealth.com. HAP subscribers should call 800-4224641 or check the website: www.hap.org. Medical Education Ombudsperson Residents with a sensitive concern or grievance may contact the Medical Education Ombudsperson for confidential guidance and support. Residents may also elect to communicate their concerns anonymously. Ms. Marilyn Kostrzewski (313-593-7692) and Dr. Lyle Victor (313-593-8620; P: 1270) serve in the role. Medical Education Counseling & Support Team (C&ST) The Medical Education C&ST serves as an advisor to the Director of Medical Education, residency program directors and faculty, and to residents on issues of work and family stress, mental health and substance use concerns, spiritual and ethical issues, and residency performance problems. Residents may elect to contact members of the C&ST for confidential guidance, short-term counseling, and referral. The C&ST will not enter into open-ended treatment relationships with residents. Contact persons are as follows: Larry Fischetti, PhD Father Richard Leliaert, PhD Audrey Newell, MD Linda Cunin, ACSW, CEAP Ms. Marilyn Kostrzewski (734-727-1067; P: 1241) (734-937-1500 x112) (P: 2617) (313-791-4855; 800-327-1127) (313-593-7692) Spiritual Support Services Reverend Tony Marshall is the Manager of Spiritual Support Services for Oakwood. A number of full-time chaplains and many active volunteers representing a variety of religious traditions provide spiritual support and counseling in Oakwood’s various venues. Reverend Marshall can direct your to a chaplain or lay minister to address your concerns in a manner consistent with your spiritual beliefs and/or religious affiliation (313-593-7202). Oakwood Staff Development Oakwood Healthcare System offers a variety of online and scheduled group courses to help employees and residents develop their effectiveness as members of healthcare teams and organizations. These 12 courses can help residents meet expectations in a number of the ACGME General Competencies including Systems-Based Practice. To review offerings, go to the Oaknet website and click on Training. For online courses, click on the link to HealthStream; for scheduled group courses, click on Oakwood Leadership Development. OUT-OF-NETWORK RESOURCES FOR RESIDENTS For some residents, the added assurance of confidentiality may outweigh the costs of seeking out-ofnetwork assessment, mental health treatment, or substance abuse services. Should Medical Education require an evaluation by an out-of-network provider, Dr. Hannis has arranged for Medical Education to help offset the costs of services. In these situations, Medical Education may request consent for some communication with out-of-network providers; these plans should be made explicit and an agreement reached before entering into treatment. Residents who choose to seek out-of-network assistance on their own accord will be liable for the cost of treatment unless prior agreement for Medical Education support is obtained through their program director or the Director of Medical Education. Private Mental Health Assessment and Consultation Roger Lauer, PhD, is a psychologist. His clinic provides neuropsychological assessments, cognitive and learning assessments, and coaching for residents experiencing attentional, learning, and other performance problems. Contact information is as follows: 1955 Pauline Boulevard, Suite 100A Ann Arbor, Michigan 48103 734-994-9466 www.rogerlauer.com Joel Young, MD, is a psychiatrist with a special interest in the assessment and treatment of adult attentional and learning problems. His clinic provides psychopharmacologic treatment and cognitive training. Debra Luria, PhD, RN, a psychologist working with Dr. Young, provides intellectual and neuropsychological assessment services and related counseling. Contact information is as follows: 441 S. Livernois, Suite 205 Rochester Hills, Michigan 48307 248-608-8800 www.rcbm.net Darren Fuerst, PhD, is a neuropsychologist in the DMC’s Adult Neuropsychology Program. Dr. Fuerst has offices in the University Health Center and the DMC Health Care Center in Novi. Dr. Fuerst provides assessment of cognitive learning, and psychiatric conditions. As needed, he will facilitate referrals for treatment to other mental health providers. Adult Neuropsychology Program University Health Center 4-J 4201 St. Antoine Detroit, Michigan 48201 313-745-8958/313-745-1784 Learning Styles, Test-Taking, and Coaching As was noted previously, the staff of Oakwood’s EAP facilitates referrals to community providers for assessment of learning difficulties. Tim Dey, MD, is an alternative, independent source of learning 13 assessment and consultation services for residents experiencing academic difficulties. He also provides tutoring to help residents prepare for standardized exams and coaching on issues of professionalism and life goals. Dr. Dey will arrange to meet with residents at his office or other convenient location. (Office: 313-383-0582) Conversation and Pronunciation Residents for whom English is a second language may benefit from extra coaching in correct pronunciation. “Conversation and Pronunciation” is taught by Mary Assel, PhD, Co-Director, English Language Institute, Henry Ford Community College. Beyond pronunciation, Dr. Assel’s course provides instruction in common English speech idioms. Dr. Assel can be reached at 313-317-1559. Her email address is: [email protected]. Ms. Judy Raven of the Accent Reduction Institute is a speech and language therapist. Ms. Raven has extensive experience tutoring physicians to improve their English pronunciation and grammar in support of doctor-patient communication. Ms. Raven can meet residents in their work settings. Her organization has also developed procedures for distance learning. Ms. Raven can be contacted at 734-665-2915. The web-address is: www.lessaccent.com. The Dearborn Speech and Sensory Center provides accent reduction services. Lori Shaffer, MA, CCCSLP, is a speech and language pathologist and director of the center. Clients are seen individually and in small groups. For information, call 313-359-4659 or visit the center’s website: www.dearbornspeechandsensory.com. Substance Use Assessment and Treatment1 Michigan’s Health Professional Recovery Program (HPRP; 800-453-3784; www.hprp.org) provides confidential assessment and treatment services. For professionals found to be impaired by substance use, confidentiality is maintained while the individual faithfully pursues treatment to discharge. By law, impaired professionals who fail to comply with treatment will be reported to the Michigan Department of Consumer and Industry Services (HPRP: 800-453-3784). Western Michigan Addiction Consultants (WEMAC) also provides confidential assessment and treatment services tailored to the medical profession. The same provisions apply regarding confidentiality and reporting of individuals who are impaired and fail to comply with treatment. Thomas Haynes, MD, is Medical Director of WEMAC (WEMAC: 616-365-8800). 1 Note that under the Michigan Public Health Code, licensed health professionals are required to file a report with the Department of Community Health—Bureau of Health Professions if there is reason to believe another licensed health professional has a mental health- or substance use-related impairment that limits his or her ability to practice in a manner consistent with the minimal standards of acceptable and prevailing practice. A referral or self-referral to HPRP satisfies the reporting requirement. If, as a result of an assessment, a health professional is found to suffer impairment, a treatment plan will be proposed. The results of the assessment and all treatment records will be expunged five years after the successful completion of treatment. A report is forwarded to the Department of Community Health—Bureau of Health Professions only if the referred health professional refuses to comply with an assessment or treatment plan or is deemed to be a threat to public health, safety, or welfare. 14 Maternity, Paternity and Adoption Leave General Guidelines: 1. Due to the specific characteristics of residency training and the impact of a resident's absence on patient care and the training of fellow residents, notification of the Program Director of pregnancy should occur as soon as possible. This should ordinarily be at least 5 months prior to a resident's or spouse's estimated "due date." 2. Specific requirements of each specialty training program governs the amount of time permitted away from continuous residency training per year. Therefore, specific makeup time may be required before the resident advances to the next training level and the projected date of completion of the residency extended. This can also affect eligibility for Board exams. 3. With adequate advance notice, efforts to rearrange rotations will be directed towards: a) early scheduling of demanding rotations, b) elective rotations near "due date." Adjustments in on-call responsibilities will be negotiated with the Program Director. The goals will be to maintain patient care, provide a reasonable workload for a pregnant resident, and avoid unacceptable increases in other residents workloads. Specific arrangements may include "make-up call" before or after the leave period. 4. Moonlighting will not be approved by the Program Director during maternity/ paternity/adoption leave. Maternity Leave: 1. Time away from residency training for maternity leave can consist of both paid and unpaid leave. The ordinary period of leave for pregnancy and delivery is up to 6 weeks. 2. The resident is eligible to apply for time off under the Family Leave Act (FMLA) which allows the resident up to 12 weeks of time off, under the FMLA. If the resident would like to apply for FMLA , it is important to meet with your program director to determine the effect of the FMLA on the projected date of completion of the training program and human resources to determine how much will be covered under the sick and vacation time. 15 Maternity, Paternity, Adoption Leave Page 2 of 2 3. Childbirth is treated the same as disability due to other medical conditions. The determination of disability is made by the resident's personal physician. If the resident would like to apply for a medical leave of absence, they will be required to use accrued sick and vacation time prior to the 14 days not covered by short term disability. 4. The resident must obtain a physician's certification stating that she may return to work without restrictions prior to returning to work. Paternity Leave: 1. A resident may elect to take up to 5 working days of paid leave within the first four weeks of (the birth) life of his baby or the first four weeks of adoption. If a resident would like paid leave, this time will be composed of available vacation or sick days. If all available days are expended, this leave may be taken as unpaid leave. In order to take such leave, the resident must: A. B. C. Give advance notice to the Program Director as in "Guidelines" above. Obtain approval of supervising faculty and Program Director. Arrange coverage for any on-call responsibilities and scheduled out patient responsibilities, (acceptable to the Program Director.) Adoption/Father as Primary Care Taker: 1. A female resident adopting a child, or a male resident, who will be primary or sole caretaker or a new child may take a maximum of four weeks leave to begin within one week of birth or adoption. 2. The paid portion of this leave will be composed of available vacation or sick days with any remainder being unpaid. 3. The scheduling, notification and leave guidelines are the same as for maternity leave above. 16 17 18 19 20 21 22 23 24 25 26 27 28 DUTY HOURS AND WORK ENVIRONMENT Medical Education will ensure that our GME programs provide appropriate supervision for all residents, as well as a duty hour schedule and work environment that is consistent with proper patient care, the educational needs of residents and the applicable program requirements. Duty Hours: Medical Education will ensure that each residency program establishes formal policies governing resident duty hours that foster resident education and facilitate the care of patients. The educational goals of the program and learning objectives of residents will not be compromised by excessive reliance on residents to fulfill institutional service obligations. However, duty hours will reflect the fact that responsibilities for continuing patient care are not automatically discharged at specific times. Program will ensure that residents are provided appropriate backup support when patient care responsibilities are especially difficult or prolonged. Resident duty hours and on-call time periods must not be excessive. The structuring of duty hours and on-call schedules must focus on the needs of the patient, continuity of care, and the educational needs of the resident. Duty hours must be consistent with the Institutional and Program Requirements that apply to each program. Work Environment: Medical Education will provide services and develop systems to minimize the work of residents that is extraneous to their educational programs, ensuring that the following conditions are met: 1. Residents on duty in the hospital will be provided adequate and appropriate food services and sleeping quarters. 2. Patient support services, such as intravenous services, phlebotomy services, and laboratory services, as well as messenger and transporter services, will be provided in a manner appropriate to and consistent with educational objectives and patient care. 29 Duty Hours and Work Environment Page 2 of 2 3. An effective laboratory, medical records and radiological information retrieval system will be in place to provide for appropriate to and consistent with educational objectives and patient care. 4. Appropriate security and personal safety measures will be provided to residents in all locations including but not limited to parking facilities, on-call quarters, hospital and institutional grounds and related clinical facilities, (i.e., medical office building). Compliance Office If you have any questions or concerns regarding your duty hours, work environment, ethical conduct, or compliance with the law, please contact the Business Practice and Compliance Office hotline at 877-OAK-LINE. The use of these resources, in the interest of quality patient services and achieving clinical excellence, is encouraged. Attached you will find a complete description of the compliance hotline. 30 Residency Closure and Reduction Oakwood Healthcare, from time to time, may reevaluate the types and sizes of its residency programs. An advisory group including stakeholders from residency programs, medical staff and administration, will review pertinent information and make recommendations regarding such closures or size reductions to the Medical Education Committee and Oakwood administration. Final decisions are the responsibility of Oakwood’s Governing Board and its Executive Council. If Oakwood determines that it is necessary to reduce the size of a residency program or to close a residency program, Oakwood shall inform the DIO, GMEC, program director and residents within 30 days of the final decision. In the event of such a reduction or closure, Oakwood will make every effort to allow residents already in the program to complete their education. If any residents are displaced by the closure of a program or reduction in the number of residents, Oakwood shall make every effort to assist the residents in identifying a program in which they can continue their education. 31 Physician Impairment Refer to human resources policy on Fitness for Duty (see below). Resident acknowledges and agrees that his/her acceptance into the residency program is conditioned on resident submitting to a drug test prior to beginning their residency program. Refusal to submit to drug testing will result in the immediate termination of their agreement. If the test is positive, the resident shall be given the opportunity to discuss the test results and to submit information demonstrating authorized use of the drug(s) in question. A substantiated positive drug test will result in immediate termination of their agreement. The foregoing notwithstanding, resident will be required to submit to alcohol/drug testing whenever reasonable cause exists to believe that the resident’s ability to fulfill his/her obligations under their agreement may be impaired by alcohol and/or drugs. A positive test result will be handled in accordance with the guidelines set forth in Oakwood’s Human Resources Policy and Procedure Manual. And also refer to the contract, Section 3 Resident’s Obligation, number 3.4. 32 33 34 35 36 37 Moonlighting 1. Only physicians with permanent licenses are allowed to provide patient care without supervision. 2. All significant extracurricular activity (moonlighting, secondary employment, additional education or training), by residents in Oakwood educational programs requires written approval by the program director. Residents must submit a written request describing the activity and track the number of hours per month that they are working outside the educational program. Resident’s should be in good standing in their program. 3. In programs where moonlighting is allowed, residents can moonlight no more than 80 hours per calendar month of extracurricular activities. Residents may not exceed ACGME duty hour standards when training and moonlighting work hours are combined. Program directors must actively track and report these resident activities to Medical Education Committee. Each program will determine rotations during which residents may moonlight. 4. It is not a requirement for residents to moonlight. 5. Residents are not allowed to moonlight when simultaneously performing any training duties. 6. Residents cannot be on call and/or moonlighting more frequently than every third day. 7. It is the resident’s responsibility to abide by this policy when performing duties outside the training program. The following sanctions may be imposed if the resident violates the above rules: probation, suspension and/or termination from the program. 8. Residents are only covered by malpractice insurance when performing their resident training duties. Malpractice coverage for moonlighting must be secured through their moonlighting employer or site. 38 Resident Evaluation and Promotion Policy 1. Residents must be evaluated in writing and their performance reviewed with them verbally upon completion of each rotation. During their rotation residents should receive feedback regarding their progress and performance. Programs should assess resident competencies in all 6 domains with at least one approach in addition to global/end-of-rotation clinical ratings. Recommended methods are direct observation and concurrent evaluation (and other focused assessment methods), 360degree evaluation involving non-MD members of the care team, patients and their families, checklist evaluation of quality improvement projects, and cognitive tests. Standards that describe different levels of performance and interventions to assist evaluators in the use of standards are expected. 2. Residents must receive a written summary of the residency program’s evaluation of their clinical competence at least twice a year. This written summary must include a summary of performance compared to PGY level expectations for each of the six general competency areas (patient care, medical knowledge, practice-based learning and improvement, interpersonal and communication skills, professionalism, and systemsbased practice). The residency program on or before November 15th and June 15th will generate written summative evaluations of each resident for each training year. Written performance improvement plans, expected remediation, or formal corrective action plans will be documented. Residents will be notified in writing if they are not eligible for a new contract in the next academic year on or before March 1 unless the resident is in or starts a remediation program after that date. Also, the resident will be notified if their contract is subject to successful completion of a corrective action plan or other remediation. 3. Residents must maintain ACLS certification to be promoted to the next postgraduate year. Individual programs may require additional training. 4. Residents must maintain a log of invasive procedures supervised by attending staff. The residency program must review logbooks at the time of the semiannual evaluation. 39 Evaluation, Promotion, and Retention Page 2 of 2 5. A permanent record of all semiannual evaluation summaries and procedures logged will be maintained for each resident. The residency program must maintain a summary of counseling provided for residents, as well as any corrective action plans or remediation recommended and their outcomes. Such records must be available in the resident’s file and accessible to the resident and other authorized personnel (see Resident File Access, Retention, and Verification Policy). 6. The program director must prepare a written overall evaluation of the resident’s clinical competence at the conclusion of the resident’s training in that Oakwood residency program (either termination or successful completion) which will be maintained in the resident file. This summative evaluation must include: • A summary of performance in each of the six general competency areas compared to expectations for that PGY level, • A listing of all procedures logged and a summary of competence with each procedure, • A summary of the residents performance regarding other program expectations such as scholarly activity and quality improvement/patient safety projects, and • Eligibility for board certification or transfer to another program. 7. In the event of an adverse annual evaluation, the resident must be offered an opportunity to address the stated deficiencies or misconduct with a clinical competence committee constituted by the residency program. Academic due process must be followed as described in sections four (4) through seven (7) of the resident contract. 8. Upon successful completion of training every resident will receive a certificate verifying success completion signed by the CEO, Chairman, Board of Trustees, Chief of Staff, Director of Medical Education, Chief of Service, and Program Director of the residency. A copy of this certificate will be marked “copy” and placed in the resident’s permanent file. 9. In addition, residents must have taken USMLE Part III by June 30 of their first training year at Oakwood. Residents are required to turn in written confirmation of the results of Part III to their program director. If the resident does not take USMLE Part III by June 30 of their first year, they will be suspended. Residents on suspension must take USMLE Part III by November 1 of their PGY II year or they will be terminated. Residents who fail USMLE Part III on their first taking will enter a Corrective Action Plan and must pass Part III by March 1 of their PGY II year or they will be notified of no contract renewal for the PGY III. Exceptions to this policy can only be granted by the GMEC. Oakwood Hospital’s Medical Education realizes the above exceeds some specialty board requirements. USMLE Part III is required for permanent licensure in most states and Oakwood believes this policy is in the resident’s best long-term interest. If the resident has difficulty passing USMLE Part III, remediation plans should be discussed with the program director. 40 Corrective Action Due Process Policy and Procedure If the Program Director believes corrective action is necessary to address any difficulties or deficient areas in the Resident's performance noted during the evaluation process or during the course of the Resident's performance of his/her obligations, the Program Director may take any one or more of the following corrective actions designed to address the difficulty or deficiency: Informal counseling and opportunities for residents to correct deficiencies should be documented by the program director prior to considering a major corrective action, unless a major work infraction or a violation of GMEC policy is the concern. Place the Resident on probation, during which time the Resident will be expected to increase his/her effort to improve performance. Require the Resident to seek counseling and/or psychological support services. Require the Resident to seek the assistance of an impaired physician committee, or other similar committee or organization within or outside Oakwood, designed to address the needs of impaired professionals. Require the Resident to spend additional time at the Resident's present level in the Oakwood Residency Program. Require the Resident to take a leave of absence with or without pay. Restrict the Resident's activities outside the Oakwood Residency Program for which the Resident receives compensation. The Program Director shall notify the Resident in writing of any corrective action taken and shall specify in the notice the period of time during which the corrective action shall remain in effect and how and when such action will be reviewed and/or lifted. Programs should have the Evaluation Committee review and approve resident corrective action plans. The Evaluation Committee should also review resident disagreements. The reconsideration procedure is only for written corrective action plans, suspensions, probations or terminations. 41 Summary Suspension Right to Suspend - Other provisions, the Oakwood Board of Directors, the Resident's Program Director, or the Director of Medical Education may summarily suspend the Resident from the Oakwood Residency Program, if in the opinion of the person or entity initiating the summary suspension, such suspension is or may be necessary in order to avoid an adverse effect on patient care. The person or body initiating a summary suspension shall provide the Resident with immediate written notice of the summary suspension, and, if initiated by the Board of Directors, shall also provide the Program Director and the Director of Medical Education with notice of the suspension. Effect of Suspension - Immediately upon receipt of a notice of summary suspension, the Resident shall be relieved of all patient care obligations. The Resident Agreement shall terminate immediately if the Resident fails to request reconsideration of the summary suspension or the summary suspension is upheld after reconsideration. Termination Termination by Oakwood - Oakwood may terminate the Resident’s Agreement if Oakwood determines in its sole discretion that the Resident has failed or is unable to perform his/her duties under this Agreement in accordance with applicable standards of medical practice, has failed to comply with Oakwood policies, procedures, rules or regulations, or has breached this Agreement. Oakwood shall not be required to take any corrective action prior to terminating the Agreement. Through the Director of Medical Education, Oakwood shall provide the Resident with written notice of the termination, which notice shall specify the date of termination and the reasons for the termination. Termination of this Agreement shall constitute dismissal from the Oakwood Residency Program. Reconsideration Right to Reconsideration - The Resident may request reconsideration of a summary suspension, termination of their Agreement, or any corrective action taken by Oakwood. Requests for reconsideration must be made in writing to the Director of Medical Education within 10 calendar days of the date of notification to the resident of the action. The request for reconsideration must specify the action which is to be reconsidered. A proper request for reconsideration shall stay any action being reconsidered, except summary suspension. If the Resident fails to request reconsideration of an action, the action shall become immediately final. Reconsideration Committee - Upon receipt of a proper and timely request for reconsideration, the Director of Medical Education shall appoint a committee to undertake the reconsideration. The Director of Medical Education will act as chairman of the Reconsideration Committee unless the Resident requests that the Director of Medical Education disqualify himself from appointing and serving as chairman of the Reconsideration Committee. The request for disqualification must be made in writing at the time the request for reconsideration is made. If the Director of Medical Education disqualifies himself, the Chief of Staff will appoint the Reconsideration Committee and act as its chairman. In addition to the chairman, the Reconsideration Committee will consist of two individuals selected from the Medical Education 42 Committee, two individuals selected from the Medical Staff, two residents, and one individual selected from Oakwood Administration. A majority of the physicians serving on the Reconsideration Committee shall be from departments other than the department in which the Resident is in training. The individual serving as chairman of the Reconsideration Committee shall be responsible for appointing members to the committee in accordance with this Section. Notice of Meeting - The chairman of the Reconsideration Committee shall set a date for the committee to meet that is within fourteen (14) calendar days of the date upon which the Resident submitted the written request for reconsideration. At least seven (7) calendar days prior to the scheduled Reconsideration Committee meeting, the chairman shall provide the Resident and all members of the Reconsideration Committee with written notice of the date, time, and place of the meeting, delivered personally or by certified mail, return receipt requested. Conduct of the Meeting - The Resident may appear at the Reconsideration Committee meeting, and may ask one medical staff or faculty member to appear at the meeting with him/her to provide counsel and/or to speak on the Resident's behalf. Legal counsel shall not be permitted to attend the meeting with or on behalf of any party or the Reconsideration Committee. The chairman shall conduct the meeting, and shall request the Resident to present any information the Resident feels is relevant to the committee's reconsideration of the matter. The Reconsideration Committee meeting shall in no manner constitute a hearing. After the Resident has presented his/her information, the chairman shall excuse the Resident and the Resident's medical staff representative, and the committee shall deliberate the matter in private. Committee Decision - The Reconsideration Committee shall make a decision either to uphold or to overturn the action being reconsidered. The decision of the Reconsideration Committee need not be unanimous; the majority decision of the committee rules. Within seven (7) days of the committee's meeting, the Reconsideration Committee chairman shall provide the Resident and the Director of Medical Education with the written decision of the committee, which shall include the Committee's rationale for its decision. Delivery of notice of the decision to the Resident shall be by personal delivery or by certified mail, return receipt requested. The decision of the Reconsideration Committee shall be final. The Resident shall be entitled to only one reconsideration of any summary suspension action, termination action, or any corrective action. 43 44 45 46 47 48 Grievance Procedure The purpose of this policy is to define the usual process at Oakwood for residents to communicate substantive issues and concerns to the programs and institution’s administration. It also defines the mechanisms for an official, impartial hearing of concerns that are not resolved through usual, initial communications with administration. The intent is to provide the due process and an appeal mechanism in instances where this is needed. 1. Residents who have concerns or issues related to the interpretation, application, or breach of any policy, practice, or procedure in their educational program, or Medical Education in general should: a) b) c) first discuss them with their program director, if reasonable discussion with the program director does not lead to resolution of the concern the resident(s) should bring the issue to the attention of the Medical Education office, if reasonable discussion with the Director of Medical Education does not resolve the issue, a formal grievance may be sent in written form to the Medical Education Committee. 2. Resident(s) wishing to resolve a specific grievance will forward their complaint in writing (addressed to the Medical Education Committee), to the Director of Medical Education. The resident(s) concerned, or their colleagues representing them - such as the chief resident(s), will then be scheduled to present a summary of the complaint to the Medical Education Committee at its next meeting. Legal representatives will not participate in or be present during Medical Education Committee or subcommittee deliberations. 3. If residents desire confidentiality in forwarding the grievance to the Director of Medical Education or in its presentation to the Medical Education Committee/ subcommittees, they should contact the Medical Education Committee Confidant whose name and number are posted in the Medical Education area and in the resident’s lounge. 49 5. Upon hearing the summary of the complaint, the Medical Education Committee will nominate a subcommittee to review that specific complaint. The subcommittee must be made up of Medical Education Committee members and include: two residents two faculty (one from the program from which the complaint emanated and one not) a medical staff physician that is not a Medical Education faculty a chairperson who cannot also simultaneously fill one of the above positions a non-voting administrative resource person The chairperson will be nominated and elected by the Medical Education Committee. 6. The Grievance Subcommittee will meet within two weeks to consider resolution for the complaint. Residents, program directors, and the Director of Medical Education will submit documentation they feel is important to the subcommittee secretary prior to the first meeting. The subcommittee chairperson may request additional documentation, as they or the subcommittee feels necessary. 7. The subcommittee will, at the designated time and place, hear the resident(s) concerned present the details of their complaint and their proposed solutions in full. Other concerned parties may also present their views on the issues to the subcommittees at that time. Having heard the resident(s) and other parties concerned, they will then be excused from the meeting. 8. The subcommittee will then immediately deliberate behind closed doors, without interference or participation by anyone other than subcommittee members. 9. The subcommittee will have the fiduciary responsibility to make a final recommendation regarding resolution of the complaint. This will be expected at the time of the first meeting. In rare circumstances, at the chairperson’s discretion, the subcommittee may elect to obtain additional information and meet again in one week to finalize their recommendation(s) for resolution of the complaint. 10. The final recommendation(s) of the Grievance Subcommittee will be distributed by the chairperson to the Medical Education Committee, the resident(s) concerned, and the Director of Medical Education within 3 work days. 50 11. The subcommittee’s final recommendation(s) for resolution of the complaint are not necessarily final and binding: Those recommendations requiring financial remuneration are subject to review and approval by Oakwood Healthcare System. This review will be executed by OHS administration within two weeks of the subcommittee’s recommendations. Resident(s) concerned with the complaint may choose to appeal the subcommittee’s recommendation(s). The appeals process is outlined below. In all other cases, the subcommittee’s recommendations are final and binding, and the Medical Education Committee will effect the recommendations of the subcommittee or direct the Director of Medical Education to do so. 12. If the resident(s) appeal the subcommittee’s recommendations, they will submit in writing their appeal to the Medical Education Committee, including specific reasons why the feel an appeal is necessary despite the Grievance Subcommittee’s deliberations. The Medical Education Committee will consider this request for appeal and vote to: a) b) retain the subcommittee’s recommendations, or nominate a Grievance Appeals Committee. If the Medical Education Committee votes to retain the subcommittee’s recommendations, they are final and binding. 13. In case of appeal, if the Medical Education Committee elects to nominate an Appeals Subcommittee, the constituents will be from the same groups as outlined for the Grievance Subcommittee, but new persons will be nominated first from the Medical Education Committee. If an appropriate member is not available from the Medical Education Committee, nonmembers will be nominated. In addition to the constituents outlined for the Grievance Subcommittee, an administrator from OHS will be nominated to the Appeals Subcommittee, as will a program director or leader from an outside institution. 14. The Appeals subcommittee will follow the same process as outlined above for the Grievance Subcommittee. The Grievance Appeals Subcommittee recommendations for resolution of the complaint are final and binding on all parties. 51
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