Graduate Medical Education Agreement of Appointment
Detroit Medical Center
This Graduate Medical Education Agreement of Appointment for Detroit Medical Center (“Agreement”), entered into as of <<startdate>> by Detroit Education & Research, whose sole member is VHS of Michigan, Inc. d/b/a Detroit Medical Center, and which includes the Detroit Medical Center Graduate Medical Education Program (collectively “DE&R”), and Detroit Medical Center’s affiliated hospitals (DE&R, Detroit Medical Center and its affiliated hospitals collectively, “DMC”) and <<firstname>> <<lastname>> (“Trainee”), sets forth the terms and conditions of Trainee’s appointment as a trainee physician at DMC.
WHEREAS, DE&R through the Detroit Medical Center Graduate Medical Education Program sponsors certain medical training residencies, fellowships, and graduate programs;
WHEREAS, DMC and DE&R, through the Detroit Medical Center Graduate Medical Education Program, provide the necessary training and support services for certain medical training residencies, fellowships, and graduate programs for DE&R’s employed residents, fellows, and graduate students;
WHEREAS, DE&R will employ the Trainee during the term of the Appointment.
NOW THEREFORE, the purpose and intention of this Agreement is to assist the Trainee in the pursuit of his or her studies. In exchange for valuable consideration, the receipt and sufficiency of which is acknowledged, DE&R and the Trainee agree as follows:
- Terms of Appointment
1.1 Commencement Date in the Program of <<program>> (“Program”) from <<startdate>> (“Commencement Date”) to <<enddate>> (term may not exceed one year) at PGY Level <<pgy>> with an annual stipend of <<compensation>>. The annual stipend includes the amount of $3,120 which is an allotment designated to assist the Trainee with such educational expenses as may be required by the Program (“Educational Allotment”). The Educational Allotment will be paid to the Trainee in a lump sum amount in the second pay cycle after the Trainee’s commencement of employment. The Trainee's Program may request from the Trainee up to, and not to exceed, the net amount (after taxes) of the Educational Allotment paid to Trainee to cover educational expenses incurred by the Program.
1.2 As a condition precedent to appointment, the Trainee must provide appropriate credentialing documentation to the Office of Graduate Medical Education (“GME”) prior to Commencement Date. This Agreement may be declared a nullity by the DE&R if the Trainee fails to provide the GME office with all of the following credentialing documentation required for certification of eligibility or fails to comply with other certification requirements noted below:
1.2.1 A completed Application for Appointment;
1.2.2 Proof of legal employment status, (i.e. birth certificate, passport, naturalization papers, valid visa, etc.);
1.2.3 If the Trainee is an international medical school graduate, an original, current, and valid Educational Commission for Foreign Medical Graduates (ECFMG) certificate;
1.2.4 Obtain and maintain a valid license to practice medicine that complies with the applicable provisions of the laws pertaining to licensure in the State of Michigan and provide documentation of valid license to the GME office by date required annually;
1.2.5 Acquire and maintain life support certification(s) ACLS, BCLS, and PALS as prescribed by Program, and/or DE&R, or other comparable certifications required by your Program;
1.2.6 This signed Agreement;
1.2.7 Submit to a health examination and supplementary test(s), which could include tests for tobacco, drug and/or alcohol abuse, and receive the required initial and annual immunizations in compliance with DMC /Tenet policy and all applicable federal, state, and local laws and regulations. It must be determined the Trainee is in sufficient physical and mental condition to perform the essential functions of appointment. The results of all examinations will be provided to the DMC Employee Occupational Health Services;
1.2.8 Further information that the GME Office may request in connection with the Trainee’s credentials, includes but is not limited to, Criminal Background Check and clearance from the National Practitioner Data Bank;
1.2.9 Any document not printed in English must be accompanied by an acceptable original English translation performed by a qualified translator. Each translation must be accompanied by an affidavit of accuracy acceptable to DMC;
1.2.10 Successful passage of Institutional Healthstream Courses or other compliance and training courses required for employment;
1.2.11 Successful passage of USMLE/COMLEX Part III or PM LEXUS by the end of the second training year is required for advancement to or acceptance into a third training year in accordance with Applicable Accrediting Body (as defined in section 1.13 below) requirements and/or DMC policy as set forth in the GME Resident Policy Manual found on the GME web-site www.dmc.org/gme.
1.3 The DMC Graduate Medical Education programs will be conducted in accordance with the standards required to maintain accreditation by the Accreditation Council for Graduate Medical Education, the American Osteopathic Association, the American Podiatric Medical Association Council on Podiatric Medical Education, the American Dental Association Commission on Dental Accreditation, the American College of Obstetrics and Gynecology, and any other accreditation body, as applicable (“Applicable Accrediting Body”). The Trainee will inform himself/herself of, and comply with, (i) the Applicable Accrediting Body requirements for completion of his/her Program and (ii) all Program-specific board requirements. Unaccredited programs shall comply with the all standards set by the Program and DMC GME.
2. Trainee Responsibilities.
The Trainee must meet the qualifications for trainee eligibility outlined by the Applicable Accrediting Body. In providing services and in participation in the activities of the Program, the Trainee agrees to do the following:
2.1 Obey and adhere to the Medical Staff Bylaws and Corrective Action Procedures for Trainees and policies and practices of the department(s) where Trainee is working (“Department”), including but not limited to the following:
2.1.1 Obey and adhere to the corresponding policies of all of the facilities to which he/she rotates, including completion of all facility required education programs;
2.1.2 Obey and adhere to all applicable state, federal, and local laws, as well as the standards required to maintain accreditation by the Joint Commission, the Applicable Accrediting Bodies, and any other relevant accrediting, certifying, or licensing organization, including the State of Michigan Boards of Medicine, Osteopathic Medicine, and Pharmacy.
2.2 Participate fully in the educational and scholarly activities of the Program, including the performance of scholarly and research activities as assigned by the DMC (Orientation and Core Curriculum) Program Director (and/or as necessary for the completion of applicable graduate requirements), attend all required educational conferences, assume responsibility for teaching and supervising other trainees and students, and participate in assigned DMC, facility, and Medical Staff committee activities.
2.3 Use his or her best efforts to provide safe, effective, and compassionate patient care and present at all times a courteous and respectful attitude toward all patients, colleagues, employees, visitors at DMC and other facilities/rotation sites to which the Trainee is assigned.
2.4 Provide clinical services:
2.4.1 Commensurate with his/her level of advancement and responsibilities;
2.4.2 Under appropriate supervision;
2.4.3 At sites specifically approved by the Program and Graduate Medical Education Committee (GMEC) through the GME Office; and,
2.4.4 Under circumstances and at locations covered by the DMC’s professional liability insurance maintained for the Trainee in accordance with paragraph 5.4 below.
2.5 Develop and follow a personal program of self-study and professional growth under guidance of the Program’s teaching faculty that includes Life Long Learning.
2.6 Demonstrate competency in Patient Care; Medical Knowledge; Interpersonal and Communication Skills; Practice Based Learning and Improvement; Professionalism; Systems Based Practice; and other criteria established by the Applicable Accrediting Body by Program completion.
2.7 Full Cooperation:
2.7.1 Fully cooperate with the Program and DMC in coordinating and completing the Applicable Accrediting Body accreditation submissions and activities including the legible and timely completion of patient medical records, charts, reports, statistical operative and procedure logs, faculty and Program evaluations, and/or other documentation required by the Applicable Accrediting Body, DMC, Hospital, Department, and/or Program.
2.7.2 Report to the GME office and cooperate with the State of Michigan Boards of Medicine and Osteopathic Medicine any investigation or correspondence regarding issues which may impact state licensure.
2.8 Cooperate fully with all DMC and Department surveys, reviews, and quality assurance and credentialing activities.
2.9 Report immediately to the (a) Tenet Healthcare Law Department any inquiry by any private or governmental attorney or investigator or (b) to the DMC’s Public Relations Office any inquiry by any member of the press. The Trainee understands that DMC encourages the Trainee’s full cooperation with any governmental investigation or inquiry. The Trainee agrees not to communicate with any inquiring private attorney or any members of the press except merely to refer such private attorneys to the Tenet Healthcare Law Department and to refer the press to the Public Relations Office.
2.10 Cooperate fully with DMC administration, including the Departments of Nursing, Professional Services, Financial Services, Social Services, and other Ancillary Services Departments in connection with the evaluation of appropriate discharge and post-hospital care for hospital patients.
2.11 Obey and adhere to the DMC/Tenet Healthcare compliance program and professional standards, including those in DMC Medical Staff Bylaws.
2.12 Cooperate fully with the DMC’s institutional policies prohibiting discrimination and harassment.
2.13 Adhere to all Policies, Procedures and Professional Expectations as outlined in the GME Resident Policy Manual found on the GME web-site www.dmc.org/gme, including policies regarding physician impairment, substance abuse and harassment. Present at all times a proper and professional appearance.
2.14 Permit DMC to obtain from and provide to all proper parties all information as required or authorized by law or by any accreditation body. Trainee covenants to hold harmless the DMC, its officers, directors, or other personnel for good faith compliance with such requests for information. This covenant will survive termination or expiration of this Agreement.
2.15 Meet the DMC and State of Michigan standards for immunizations in the same manner as all DMC personnel.
- Return, at the same time of the expiration or termination of the Agreement, all DMC property, including but not limited to books, equipment, paper, pagers, complete all records, and settle all professional and financial obligations.
- Contribute to quality enhancement of education by participating in scheduled evaluations of the Program, faculty and institution.
- Use up to the net amount (after taxes) of the Educational Allotment to cover all educational expenses identified in writing by the Program as required for timely completion of training and to pay such expenses in a timely manner.
- GME will provide the Trainee with a pocket paging unit (“Receiver'') which will receive paging messages relayed through facilities contracted for by Voice Services Division. Title to the Receiver will not pass to the Trainee, but will be retained by the Voice Services Division or any other party designated by it. Messages will be transmitted to the Trainee through the Receiver in accordance with procedures to be determined from time to time between GME and the Voice Services Division.
- Neither the GME Office nor the Voice Services Division will be obligated to transmit to the Trainee any messages determined by either of them to be unrelated to the provision of medical services. The Trainee will not use the paging service as an answering service and will not provide patients or other unauthorized persons with access to the paging service.
- Normal maintenance of the Receiver including the provisions of replacement batteries, as determined to be necessary by the Voice Services Division, which will be supplied to the Trainees at locations at each hospital or the GME Office.
- If the Receiver is stolen, lost or damaged beyond repair, Trainee will be responsible to the GME Office for payment of the cost of a new receiver, which is approximately $100.
- The Receiver is provided to the Trainee without charge or service because the Trainee is a participant in the Program and responding to the Receiver is part of Trainee’s job duties.
- The Trainee authorizes the rerouting of his/her last full paycheck to the GME office to be held by the Program until the Receiver has been returned to the GME office in proper working condition, and, if the Receiver is not returned, or is returned in damaged condition, GME to deduct the replacement cost of the Receiver, approximately $100, from the Trainee’s final paycheck and forward the balance to the Trainee no later than 14 days after completion of the Program.
- The Trainee acknowledges that the use of obscene, indecent, suggestive profane language on the Voice Service is prohibited, any superfluous, false or deceptive messages on the Voice Service are also prohibited, and Trainee will not violate these prohibitions. Trainee will maintain the Receiver in good working order (ordinary wear and tear accepted) and will not misuse abuse, deface or dismantle the Receiver.
- DMC and the Voice Services Division disclaim and disavow all warranties (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE) in connection with the provision of the Voice Service and will not be responsible for any damage or loss whatsoever arising out of mistakes, omissions, interruptions, delays, errors, or defects in the transmission of messages, the failure to transmit messages, inaccuracies in messages transmitted, misdirection of messages malfunction or nonfunctioning equipment or for any other reason.
- Either party may terminate the Voice Service at any time.Upon completion of the Program, the Receiver will be returned to the GME.
3. Institutional Responsibilities.
DMC has the following obligations:
3.1 Provide a stipend and benefits including health and disability insurance to the Trainee as outlined in Section 5 below.
3.2 Use its best efforts, within available resources, to provide an educational training program that meets the standards established by the Applicable Accrediting Body and/or applicable medical or program-specific board.
3.3 Use its best efforts, within available resources, to provide an educational training program with adequate and appropriate support staff and facilities in accordance with federal, state, local and Applicable Accrediting Body requirements.
3.4 Orient the Trainee to the facilities, philosophies, rules, regulations and policies of the DMC and the Institutional and Program Requirements of the Applicable Accrediting Body.
3.5 Provide the Trainee with appropriate and adequate supervision for all educational and clinical activities.
- Ensure an environment conducive to the health and well-being of the Trainee.
- Provide adequate and appropriate patient and information support services.
3.8 Evaluate, through the Program Director and Program faculty, the educational and professional progress and achievement of the Trainee on a regular and periodic basis. The Program Director will present to and discuss with the Trainee a written summary of the evaluations at least once during each six month period of training and/or more frequently if required by the Applicable Accrediting Body, DMC, Program Director, State of Michigan Medical Board or other agency as deemed appropriate.
3.9 Provide a fair and consistent method for review of the Trainee’s concerns and/or grievances, without the fear of reprisal.
3.10 Upon satisfactory completion of the Program and its requirements, Trainee’s responsibilities, and termination of Trainee status, furnish to the Trainee a Certificate of Completion of the Program.
3.11 Provide adequate accommodations for any Trainee with a disability consistent with the policies of the Department and DMC, as found in the GME Resident Policy Manual found on the GME website www.dmc.org/gme.
4. Duty Hours.
4.1 The Trainee will perform his/her duties under this Agreement during such hours as the Program Director may direct in accordance with the “Duty Hour Policy,” a copy of which is available in the GME office and found on the GME website www.dmc.org/gme. Duty hours, although subject to modification and variation depending upon the clinical area to which the Trainee is assigned and/or exigent circumstances, will be in accordance with state, federal, institutional, and Applicable Accrediting Body requirements.
4.2 If a scheduled duty assignment is inconsistent with this Agreement or the Duty Hours Policy, the Trainee will bring the inconsistency first to the attention of the Program Director for reconciliation or cure. If the Program Director does not reconcile or cure the inconsistency, it will be the obligation of the Trainee to notify the GME Office who will inform the Designated Institutional Official (“DIO”) or Director of Medical Education (“DME”), as the case may be, who will take the necessary steps to reconcile or cure the raised inconsistency. The Trainee can also notify a Resident Council representative who will escalate the issue to the GME Office.
4.3 Report duty hours accurately to the GME Office from a yearly institutional survey and Program monitoring/audit.
4.4 Moonlighting. Unauthorized extracurricular professional activities are inconsistent with the educational objectives of Trainee Program requirements as specified by the Applicable Accrediting Body, and, therefore, are prohibited. However, the responsibility for determining whether any proposed moonlighting activity or temporary special medical activity is authorized or unauthorized rests with the departmental Chairman, Program Director, and DIO or DME (or designee). Certain extracurricular medical activities (moonlighting) are not covered by DMC’s professional medical malpractice insurance. Trainee acknowledges that DMC will not provide professional liability insurance as outlined in Section 5.4 of this Agreement to Trainee for any unauthorized, extracurricular, professional activities. The State of Michigan requires a Trainee to have a permanent medical license in order to moonlight. All Trainees under Applicable Accrediting Body programs must provide appropriate documentation with signatures granting authority before any moonlighting activity will be approved. See the Moonlighting Policy “Resident Request for Moonlighting” as found in the GME Resident Policy Manual located on the GME website; www.dmc.org/gme. Trainees on visas must consult with the Office of Graduate Medical Education prior to seeking approval of any moonlighting activities as certain legal restrictions on moonlighting may apply.
5. Financial Support and Benefits.
The DMC will provide the Trainee with financial support and benefits in the following areas as described.
5.1 Financial support (stipend and fringe benefits) at a uniform level for all trainees in each year of post graduate medical training. Except as permitted in Paragraph 4.4, this will be the Trainee’s sole source of compensation. Except for approved and authorized extracurricular activities, the Trainee will not accept from any other source a fee of any kind for services as a physician.
5.2 Adequate and appropriate food and sleeping quarters to Trainees on-call in the Hospital as well as uniforms and parking.
5.3 Vacation, sick and parental leave time consistent with the policies of the Department and DMC, as found in the GME Resident Policy Manual found on the GME website www.dmc.org/gme except as modified below:
5.3.1 Leaves of Absence. Additional training after a leave of absence may be needed for successful completion of Program Requirements and/or for Board certification requirements. The amount of sick leave, leave of absence, or disability time that will necessitate prolongation of the training time for the Trainee will be determined by the Program Director and the requirements of the pertinent RRC and/or certifying Board.
5.3.2 Benefits/Holiday Pay.
5.4 Professional Liability Insurance. The DMC will provide the Trainee with professional liability insurance coverage while the Trainee is acting within the scope of his/her assigned Program activities, and tail coverage. (Detailed information available from Tenet Claims Department can be found on the GME website www.dmc.org/gme.) In connection with the professional liability coverage provided by the DMC:
5.4.1 The Trainee agrees to cooperate fully in any investigations, discovery, and defense that may arise. The Trainee’s failure to cooperate may result in revocation of insurance coverage.
5.4.2 If the Trainee receives, or anyone with whom the Trainee works receives on his/her behalf, any summons, complaint, subpoena, or court paper of any kind relating to activities in connection with this Agreement or the Trainee’s activities at the Hospital, the Trainee agrees to immediately report this receipt to Tenet Claims Department and submit the document received to that office.
5.4.3 The Trainee agrees to cooperate fully with Administration and Tenet Claims Department in connection with the following: (a) evaluation of patient care; (b) review of an incident or claim; (c) preparation for litigation, whether or not the Trainee is a named party to that litigation.
5.5 Other Additional Benefits.
5.5.1 Vision, Health, and Dental Benefits. There are different medical, dental and vision plans from which the Trainee may choose. It is the Trainee’s obligation to select and enroll in the benefit program(s) he/she desires. Benefits are effective as of the first day of this appointment period;
5.5.2 Life Insurance. The Trainee is covered with life insurance. The Trainee’s spouse and children are not covered. (See Benefits Guide);
5.5.3 Short and Long Term Disability Insurance;
5.5.4 Workers’ Compensation;
5.5.5 Confidential Support Services including confidential counseling, medical, and psychological support services;
5.5.6 Physician Impairment and Substance Abuse Education. The DMC will provide the Trainee with an educational program regarding physician impairment, including substance abuse, and will inform the Trainee, via written policies, of the DMC’s policies for handling physician impairment, including impairment related to substance abuse.
5.6 Discontinuation of Benefits. The DMC reserves the right to modify or discontinue the plan of benefits set forth herein at any time. Any change cannot be made without first advising the affected insured.
5.7 Quality and Safety Initiatives. The DMC, at its discretion may pay out an annual or biannual incentive bonus to certain eligible Trainees for their documented participation in specific quality and safety initiatives and pilot programs. The specific, designated programs, eligibility criteria, quality indicators, and performance metrics will require approval by the DMC CMO.
5.8 Resident Council Executive Committee. Annually, members of the DMC Resident Council appoint Officers to the DMC Resident Council. Each officer will be eligible to an annual stipend as determined by the GME Office. The appointed officers will be reported to the GME Office by the current Resident Council President.
The duration of this Agreement is for a period not to exceed 12 months. Re-appointment and/or promotion to the next level of training is conditional upon; (a) satisfactory completion of all training components as mandated by the Program and DMC; (b) the availability of a position; (c) satisfactory performance evaluations and documentation of passage of appropriate licensing examinations; (d) full compliance with the terms of this Agreement; (e) the continuation of the DMC’s and Program’s accreditation by the Applicable Accrediting Body; (f) the DMC’s financial ability; and (7) furtherance of the DMC’s objectives. The Program maintains confidential records of all Trainees in accordance with all applicable state and federal law.
6.1 If the Program Director or the DMC elects not to re-appoint the Trainee to the Program, the Program Director will provide the Trainee with a written notice of intent not to renew his/her agreement of appointment in accordance with the provisions of the Corrective Action Procedures for trainees, a copy of which is available in the GME office or found on the GME website www.dmc.org/gme. The Trainee will be entitled to invoke the procedure for review of the decision not to renew the contract for Graduate Medical Training, or the decision not to promote to the next level of training, if the Trainee so elects.
6.2 Non-Reappointment Based on Institutional Factors. When non-reappointment is based on reasons other than the Trainee’s performance or his/her compliance with the terms of this Agreement (Hospital or Program Closure, reduction or discontinuance), it will be final and not subject to further appeal or review and will not be grievable under the DMC’s grievance procedure noted in Section 7.
In this event all trainees will be entitled to the following:
6.2.1 Notification of non-reappointment as soon as practical after the decision to close is made;
6.2.2 Reasonable assistance in finding appointment to another training program;
6.2.3 Fiscal resources permitting, payment of stipend and benefits up until the conclusion of the term of this Agreement.
7. Grievance Procedures.
The Trainee is encouraged to seek resolution of grievances relating to his/her appointment, Agreement, responsibilities, or any other concerns or issues related to the interpretation, application, or breach of any policy, practice, or procedure in his/her educational program, including any differences between the Trainee and the DMC and/or Program and/or any representative thereof, according to the GME Resident Policy Manual located on the GME website www.dmc.org/gme.
8. Corrective Action, Termination and Suspension.
During the term of this Agreement, the Trainee’s appointment is conditional upon satisfactory performance of all Program elements by the Trainee. If the actions, conduct, or performance, professional or otherwise, of the Trainee are deemed by the DMC, Applicable Accrediting Body or Program Director to be inconsistent with the terms of this Agreement, the DMC’s standards of patient care, patient welfare, or the objectives of the DMC, or if such actions, conduct, or performance reflects adversely on the Program or DMC or disrupts operations at the Program or DMC, corrective action may be taken by the DMC and Program Director. (Refer to the Corrective Action Procedures, which can be found in the GME office or located on the GME website www.dmc.org/gme). Trainee specifically agrees that DE&R may immediately terminate this Agreement in the event Trainee becomes debarred, excluded, or suspended, or if any other event occurs that makes Trainee an Ineligible Person. An “Ineligible Person” is an individual or entity who: (i) is currently excluded, debarred, suspended, or otherwise ineligible to participate in the Federal health care programs or in Federal procurement or non-procurement programs; or (ii) has been convicted of a criminal offense that falls within the range of activities described in 42 U.S.C. § 1320a-7(a), but has not yet been excluded, debarred, suspended, or otherwise declared ineligible. Trainee has an affirmative duty to immediately disclose to DE&R if Trainee becomes an Ineligible Person.
9. Reporting Obligations.
The DMC will comply with the obligations imposed by state and federal law and regulations to report instances in which the Trainee is not reappointed or is terminated for reasons related to alleged mental or physical impairment, incompetence, malpractice or misconduct, or impairment of patient safety or welfare.
10. Confidentiality and Privacy
10.1 Trainee will protect the confidentiality, privacy and security of patient, student and personnel, business and other confidential, sensitive electronic or proprietary information (collectively “Confidential Information”) of DMC from any source and in any form (talking, paper, electronic). Trainee understands that the kinds of Confidential Information he/she may see or hear on the job and must protect include the following:
- PATIENTS AND/OR FAMILY MEMBERS (patient records, conversations and/or financial information).
- MEDICAL STAFF, EMPLOYEES, VOLUNTEERS, STUDENTS, CONTRACTORS, PARTNERS (social security numbers, salaries, evaluations, other clinical information, employment records, disciplinary actions).
- BUSINESS INFORMATION (financial records, reports, memos, contracts, DMC computer programs, technology).
- THIRD PARTIES (vendor contracts, computer programs, technology).
- OPERATIONS IMPROVEMENT, QUALITY ASSURANCE, MEDICAL OR PEER REVIEW (utilizations, data reports, quality improvement, presentations, survey results).
10.2 With regard to the Confidential Information, Trainee specifically acknowledges and agrees as follows:
- I WILL protect DMC Confidential Information in any form. I WILL comply with DMC/Tenet policies, procedures and other privacy and security requirements.
- I WILL NOT post or discuss any DMC/Tenet Confidential Information, including patient information, patient pictures or videos, DMC financial or personnel information on any personal social media sites such as Facebook or Twitter. I WILL NOT take any pictures of patients with my cell phone or similar methods. I WILL NOT POST Confidential Information including patient pictures on any DMC-sponsored social media sites without the appropriate patient authorization in accordance with management approval and DMC policies and procedures.
- I WILL complete all required privacy and security of Confidential Information training.
- I WILL ONLY access information that I need for my job or service at DMC.
- I WILL NOT access, show, tell, use, release, e-mail, copy, give, sell, review, change or dispose of Confidential Information unless it is part of my job or to provide service at DMC.If it is part of my job or to provide service to do these tasks, I will follow the correct procedures and only use/access the minimum necessary of the information to complete the required tasks.
- When my work or service at DMC ends, I will not disclose any Confidential Information, and I will not take any Confidential Information with me if I leave or am terminated.
- If I must take DMC Confidential Information off DMC property, I will do so only with my supervisor’s permission and in accordance with DMC/Tenet policies and procedures.I will protect the privacy and security of the information in accordance with DMC/Tenet policies and procedures, and I will return it to DMC.
- If I have access to DMC/Tenet computer system(s), I WILL follow DMC/Tenet policies and procedures regarding secure system usage.
- I WILL NOT use another’s User ID and password to access any DMC/Tenet system, and I will not share my DMC/Tenet User ID, password or other computer password with anyone.
- I WILL tell my supervisor or Program Director if I think someone knows or used my password or may use my password or if I am aware of any possible breaches of confidentiality at DMC.
- I WILL log out or secure my workstation when I leave the computer unattended.
- I WILL ONLY access Confidential Information at remote locations with consent from my supervisor or Program Director.
- If I am allowed to remotely access Confidential Information, I AM RESPONSIBLE for ensuring the privacy and security of the information at ANY location (e.g., home, office, etc.)
- I WILL NOT store Confidential Information on non-DMC systems including on personal computer devices, including lap tops.
- I WILL NOT maintain or send Confidential Information to any unencrypted mobile device in accordance with DMC policies and procedures.
- I UNDERSTAND that my access to Confidential Information and my DMC e-mail account may be audited.
- If I receive personal information through DMC e-mail or other DMC systems, I AGREE that DMC personnel may examine it, and I do not expect it to be protected by DMC.
- I UNDERSTAND that DMC may take away or limit my access at any time.
- I WILL inform myself as to the privacy and security provisions and other requirements of the Health Insurance Portability and Accountability Act (HIPAA) and of the DMC privacy and security policies and procedures and will comply with same.
I UNDERSTAND that the failure to comply with the above confidentiality provisions may result in the termination of my employment at DMC and/or civil or criminal legal penalties. By signing below, I agree that I have read, understand and will comply with these confidentiality provisions in addition to all the other terms of this Agreement. I understand that my training program may require that I participate in providing clinical care at any DMC Hospital, facilities and/or programs. I authorize the Detroit Medical Center to provide any information including, but not limited to, information from my personnel file as maintained by the GME office at DMC, insurance and claims history information, and any other information relating to my service as trainee at DMC to these facilities.
11. Sexual Harassment
It is the policy of DMC and DE&R that sexual harassment WILL NOT be tolerated. Complaints or concerns regarding sexual harassment may be submitted to the Program Director, DIO or DME (or designee) or designated sexual harassment contact person in accordance with DMC Sexual Harassment Policy. Conduct by a Trainee which constitutes sexual harassment will be grounds for dismissal or other disciplinary action.
12.1 Taxes. The DMC will deduct appropriate items including FICA (Social Security) and applicable federal, state, and city withholding taxes.
12.2 Release of Information. Trainee authorizes all representatives of the DMC to disclose any pertinent data regarding his/her application, credentials, background, and educational training as they deem necessary. Trainee releases from liability and agrees to hold harmless all employees, agents, and representatives of DMC and their employees from their acts performed and statements made in connection with obtaining, reviewing, and evaluating Trainee’s credentials and qualifications. This release will remain in effect following training, but may be revoked by the Trainee after leaving the Program by written notice to the Program. Trainee also releases from liability any and all individuals, institutions, or health care organizations listed in his/her application or any of their representatives who, in good faith and without malice, might provide or request information of DMC concerning Trainee’s professional competence, ethics, character and other qualifications for appointment as a Trainee of DMC.
12.3 Severability. If any provision of this Agreement is held to be unenforceable for any reason, that unenforceability will not affect the remainder of this Agreement, which will remain in full force and effect and will be enforceable in accordance with its terms.
12.4 Authority of DMC. The terms of this Agreement are subordinate to the policies and procedures of the DMC as those policies and procedures may change from time-to-time. Nothing in this Agreement will be construed as limiting the authority of DMC from changing policies or procedures or from making any such changes immediately effective. DMC will make reasonable efforts to notify Trainee of changes to its respective policies and procedures that may materially affect a Trainee’s rights and obligations under this Agreement.
12.5 Limitations Period. Trainee will not commence any action or legal proceeding relating to his/her employment and training at the DMC or the termination thereof more than six months after the event and complained of and voluntarily waives any statute of limitations to the contrary.
12.6 Forum. Both Trainee and DMC irrevocably and unconditionally (a) consent to submit to the exclusive jurisdiction of the courts of the State of Michigan for any proceeding arising in connection with this Agreement and (b) waive any objection to the laying of venue of any such proceeding in the courts of the State of Michigan.
12.7 Assignment. Trainee agrees that the obligations of Trainee under this Agreement are personal and that Trainee may not assign this Agreement or any rights or duties under this Agreement. This Agreement or any rights or duties there under are assignable by DMC without consent.
12.8 Compliance Obligations. Trainee represents he/she read, understands, and will abide by Tenet's Standards of Conduct. Trainee will comply with Tenet’s Compliance Program and Tenet’s policies and procedures related to the Deficit Reduction Act of 2005, Anti-Kickback Statute and the Stark Law. Tenet’s Standards of Conduct, summary of Compliance Program, and policies and procedures, including a summary of the Federal False Claims Act and applicable state false claims laws (collectively “False Claims Laws”) with descriptions of penalties and whistleblower protections pertaining to such laws, are available at: http://www.tenethealth.com/about/pages/ethicscompliance.aspx.
12.9 Entire Agreement. This Agreement constitutes the complete agreement and understanding between the parties with respect to the subject matter herein. This Agreement supersedes and renders void any prior understanding of the parties, written or oral, with regard to such subject matter.
I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS OF THIS AGREEMENT.