Sample Residency Agreement

2015-2016 RESIDENT AGREEMENT
TERMS AND CONDITIONS

I. The Resident’s Agreement

Name: Resident
Address:
Program: Residency Program
PG Year: Current PGY Level
Stipend: Current Stipend
Duration of Appointment: Current Academic Year

Bassett Medical Center (BMC) appoints the above named individual (the resident as described above), subject to the following terms and conditions:

II. The Resident’s Responsibilities

  • With guidance from the teaching staff, develop a personal program of self study and professional growth;
  • Under the supervision of the teaching staff, provide safe, effective and compassionate patient care, commensurate with his/her level of advancement and responsibility;
  • Perform the duties prescribed by the hospital or an attending physician or department in a competent, efficient, satisfactory, humanistic, respectful, and courteous manner in strict accordance with the professional and ethical standards of the medical profession;
  • Participate fully in the educational and scholarly activities of the program, including the performance of scholarly and research activities as assigned by the Program Director, attend all required educational conferences, and, as authorized by the teaching staff, assume responsibility for teaching and supervising other residents and students;
  • Adhere to established practices, procedures, and policies of BMC, the Bylaws and Rules and Regulations of its Medical Staff, and all rules and regulations of other institutions or clinical sites during rotations;
  • As directed by the Program Director, serve in all hospitals, clinics and activities to which the Resident is assigned as part of the BMC teaching program;
  • Abide by all the laws of the State of New York relating to the practice of medicine as well as the standards required to maintain accreditation by The Joint Commission (TJC), ACGME and any other relevant accrediting, certifying, or licensing organizations;
  • Provide, if a graduate of an international medical school, BMC with a copy of the certificate issued by the Educational Council for Foreign Medical Graduates prior to the date of appointment. Failing to provide this certificate will result in automatic revocation of the appointment;
  • Present, no later than the commencement date of the appointment, evidence of identity and eligibility to accept employment in the United States as required by federal law;
  • Satisfy all health requirements for employment by providing evidence of compliance with all immunization and tuberculosis requirements. Subsequent to the beginning of this Agreement, submit to periodic (post-appointment) health examinations and supplementary tests, which may include tests for substance abuse as are deemed necessary by BMC to ensure that the Resident is physically, mentally, and emotionally capable of performing essential duties and/or are otherwise necessary to the operation of BMC. The appointment is contingent upon successful completion of a fitness for duty physical (provided by BMC). The results of all examinations shall be provided to the BMC Employee Health Office. The same requirements concerning the Resident’s health status that applied at the time of the Resident’s initial appointment shall apply thereafter and shall constitute a continuing condition of this Agreement and the Resident’s appointment to the Staff unless BMC changes these requirements subsequent to the beginning date of the Agreement through written notice to the Resident of such change;
  • Participate in evaluation of the quality of education provided by the program and promptly complete evaluations of faculty and rotations;
  • Through opportunities presented by Bassett Medical Center, develop an understanding of ethical, socioeconomic and medical/legal issues that affect Graduate Medical Education and of how to apply cost containment measures in the provision of patient care and participate in quality improvement activities of the clinical services;
  • Participate in institutional committees and councils, especially those which relate to patient care review activities, as determined by the service chief;
  • Participate in videotaping, photographing, filming, recording or other permanent preserving of mock drill, direct patient care, or other parts of his/her responsibilities under this agreement and permit use of this material for any purpose;
  • Attend and participate in Risk Management presentations and comply with the policies, procedures and guidelines as required as a condition of professional liability coverage through the Bassett Medical Center Insurance Program; failing to comply may result in a suspension of insurance coverage;
  • Participate in Infection Control education and comply with other health or safety requirements mandated by the New York State Occupational Health and Safety program or State/Federal regulations and BMC;
  • Maintain personal appearance and conduct consistent with BMC standards; Understand that BMC prohibits all forms of harassment and intimidation towards co workers, subordinates, supervisors, students, patients or other workers on BMC premises;
  • Fully cooperate with the Program and BMC in coordinating and completing Residency Review Committee (RRC) and ACGME accreditation submissions and activities, including the legible and timely completion of patient medical records, charts, reports, time cards, statistical operative and procedure logs, faculty and program evaluations, and/or other documentation required by the RRC, ACGME, BMC, NYS, TJC, Department, and/or Program;
  • Acquire and maintain life support certifications in BLS, ACLS, and ATLS as required by the Program;
  • Return, at the time of the expiration or in the event of termination of the Agreement, all BMC property, including but not limited to books, equipment, pager, uniforms; complete all necessary records; and settle all professional and financial obligations;
  • Cooperate fully with all BMC and Department surveys, reviews, and quality assurance and credentialing activities;
  • Report immediately to the BMC Risk Management Department any inquiry by any private or government attorney or investigator or any inquiry by any member of the press. The Resident agrees not to communicate with any inquiring attorney or investigator or any members of the press except merely to refer such attorneys and investigators to the BMC Risk Management Department and to refer the press to the BMC Corporate Communications;
  • Obey and adhere to the BMC compliance program and “Code of Conduct”;
  • Cooperate fully with BMC administration, including all departments in connection with the evaluation of appropriate discharge and post-Hospital care for Hospital patients.
  • Provide clinical services:
    • Commensurate with his/her level of advancement and responsibilities;
    • Under appropriate supervision;
    • At sites specifically approved by the Program; and
    • Under circumstances and at locations covered by the BMC professional liability insurance maintained for the Resident in accordance with this Agreement.
  • Fulfill the educational requirements of the Program.

III. Conditions for Reappointment

The duration of this Agreement is for a period of twelve (12) months. Reappointment and/or promotion to the next level of training is at the sole discretion of the Program Director and is expressly contingent upon several factors, including but not limited to, the following: satisfactory completion of all training components, the availability of a position, satisfactory performance evaluations, full compliance with the terms of this Agreement, the continuation of Hospital’s and Program’s accreditation by the ACGME, BMC’s financial ability, and furtherance of BMC’s objectives.

Neither this Agreement nor the Resident’s appointment hereunder constitute an option to renew or extend the Resident’s appointment by BMC or a benefit, promise, or other commitment that the Resident will be appointed to the Staff for a period beyond the termination date of this Agreement.

In the event BMC elects not to reappoint the Resident to the Program and this Agreement is not renewed, BMC will attempt to provide the Resident with 120 days advance written notice of its determination on non-reappointment. BMC is under no obligation, nor may it be held liable for breach of this Agreement if it fails to provide such advance notice.

When non-reappointment is based on reasons other than the Resident’s performance or his or her compliance with the terms of this Agreement, such non-reappointment when made by the Program Director shall be final and not subject to further appeal or review and shall not be grievable under BMC’s grievance procedure.

In the event the Resident’s performance, at any time, is judged by the Program Director to be unsatisfactory or non-compliant with the terms of this Agreement, the Program Director shall notify the Resident in writing of the nature of the unsatisfactory or non-compliant conduct or performance and engage in the steps described in Standards and Expectations for Performance and Fair Procedures for Corrective Action.

The Resident’s failure to comply with remediation plans or the continuation of actions, conduct, and /or performance by the Resident that are deemed unsatisfactory or non-compliant by BMC shall be grounds for non-reappointment and/or disciplinary and corrective action.

IV. Bassett Medical Center’s Responsibilities

  • In General - BMC will provide a suitable environment and educational program, within available resources, which meets the standards of the Essentials of Approved Residencies of the Accreditation Council on Graduate Medical Education. BMC will award a certificate to the resident upon successful completion of an accredited training program or part of the training program completed at BMC. The Program Director has sole responsibility for determining whether or not a certificate is awarded.
  • Compensation - Compensation is payable on a bi-weekly basis. Stipends are subject to withholding of all applicable taxes.
  • Professional Liability Insurance - Professional liability insurance is provided for activities within the training program; coverage details are available from the Office of Risk Management. The professional liability coverage for resident activities is through Medical Liability Mutual Insurance Company (MLMIC); this coverage is subject to such requirements, conditions and limitations of the Insurance Program as may exist from time to time. Moonlighting outside the Bassett Healthcare Network is not permitted and therefore not covered under the professional liability program for residents through the Insurance Program. Tail coverage, for any patient care provided during the resident’s period of appointment at BMC, is included.
  • Benefits - Benefits are described in the Graduate Medical Education Policy and Procedure Manual available for review in the Medical Education and Residency Offices, and on the Intranet. Bassett benefits include:
  1. Financial Support
  2. Professional Liability Insurance
  3. Vacation and Holiday policies
  4. Disability, Health, Dental, Pharmacy, Vision and Life Insurance Plans
  5. Paternity, Maternity, Medical and Professional Leave of Absence policies
  6. On-Call Food policies
  7. Educational Allowance and Conference time policies 


These are all provided as in effect in the applicable benefit plans, which are subject to change. Residents will be notified in writing of changes in the benefit plan during the term of this Agreement.
A summary of existing benefits is appended to this Agreement

  • Medical Record - BMC will provide a system that documents the patient’s illness, course and care, and is adequate to support the resident’s education, participation in quality improvement activities, and to provide a resource for appropriate scholarly activity.
  • On-Site Sleeping Quarters - On call rooms are available for residents at various sites throughout the hospital.
  • On-Call Food Services - BMC provides both a stocked refrigerator in the House Staff Lounge as well as a meal voucher program with local vendors and charging privileges at the Mountain View and River’s Edge cafeterias for residents on call. More specific information will be found in the Graduate Medical Education Policy and Procedure Manual on Bassett’s Intranet.
  • Uniforms and Laundry Service - 3 lab coats and 3 pairs of scrubs are provided. Lab coats are laundered on a weekly basis for residents through the hospital’s contract with an outside vendor. Scrubs are distributed through a machine. When soiled scrubs are deposited, you receive a credit (maximum of three) and you can retrieve clean scrubs up to your credit limit.
  • General Call Schedule and Schedule of Assignments - As determined by individual programs, residency schedules will be available prior to the academic year. Reasonable notice of hours of duty, work assignments and on-call schedules will be given to all residents by the Office of Medical Education.

V. Professional Activities Outside the Educational Program

Resident’s services will be devoted solely to advancing the clinical and educational program, except the Program Director may approve in advance and in writing other services within the Bassett Healthcare Network provided by a resident as is deemed appropriate. Moonlighting is allowed within New York State and ACGME requirements for daily and weekly hours worked for residents within specific programs. Residents who have worked less than the allowable hours under these requirements may apply to the Program Director for approval of additional hours within the Bassett Healthcare Network.

VI. Evaluations

Each resident will be provided a written evaluation of his/her performance on each rotation in the individual’s training program. The Program Director, or the Director’s designee, will discuss the resident’s overall progress toward the resident’s educational objectives at least once during each six-month period of training. Written annual and summary evaluations will be provided and maintained in the Office of Medical Education of BMC.

VII. Guarantee of Fair Procedures for Performance Deficiencies and Grievances

When actions by BMC are contemplated, and those actions could result in dismissal or significantly threaten a resident’s intended career development, or when a resident has a grievance about an alleged misinterpretation or misapplication of this agreement, or discrimination, or a grievance against a staff member, BMC will provide the resident with an opportunity to discuss the complaint and/or to request a hearing which appeals the action. Additional information is available in the Graduate Medical Education Policy and Procedures Manual, available from all Program Directors and Coordinators, the Office of Medical Education and on the Bassett intranet. A fair and consistent method for review of the Resident’s concerns and/or grievances without the fear of reprisal is specifically included in the Standards and Expectations for Performance and Fair Procedures for Corrective Action policy which is contained in the Graduate Medical Education Policy and Procedures Manual.

VIII. Other Pertinent Policies

Policies including those on Residency Reduction and Closure; Effect of Leave on Completion of Program; Counseling, Medical, Psychological Support; Physician Impairment and Substance Abuse, Supervision for Physician Trainees, Physician Trainee Work Hours and Dual Employment, and Disaster Response are included in the Graduate Medical Education Policy and Procedures Manual, available for review in the Office of Medical Education and on the Bassett intranet. The table of contents of the Graduate Medical Education Policy and Procedures Manual is attached. Policies on Harassment and Accommodations for Disabilities are available in the Human Resources Policy Manual located on the Bassett Intranet. These policies are in effect as of the date of this agreement. Residents will be given notification of updated versions of policies whenever revisions are made and posted to the electronic GME Policy and Procedure manual on the Bassett Medical Center intranet.

IX. Release of Information

I consent to permit BMC to seek independent verification of my graduation from undergraduate, graduate, and medical school and other residency or training programs. I will present evidence (original diploma and final transcript) of my successful graduation from medical school. To protect patients and to uphold BMC’s reputation, I understand that BMC may conduct an independent background check. I understand that my participation in this program and any contractual obligation to appoint and train me are contingent upon successful completion of the credentialing process.

X. Termination of Agreement

BMC reserves the right to terminate the agreement or to take other action including temporary suspension if the resident violates the terms of this agreement or if his/her performance is unsatisfactory. If a resident is suspended, BMC may withhold pay for the duration of the suspension. I understand that failure to provide requested or inaccurate information will render this agreement null and void.


Signature Date
Resident Name

Attachments

BASSETT MEDICAL CENTER
GRADUATE MEDICAL EDUCATION
POLICY AND PROCEDURE MANUAL

Table of Contents

  • Commitment to GMEC 02-06-12
  • GMEC Annual Report 04-30-08
  • Summary of House Staff Benefits and Policies rev. 06-26-11
  • Resident Job Description 04-04-13
  • Resident Responsibilities by PGY-Level 05-20-10
  • Standards and Expectations for Performance and Fair Procedures for Corrective Action rev. 11-15-12
  • Credentialing Policy for Physician Trainees including Residents, Fellows, and Medical Students at Bassett Healthcare rev. 01-19-11 
  • Policy for Supervision of Physician Trainees including Residents, Fellows, and Medical Students rev. 11-15-12
  • Postgraduate Physician Trainee Work Hours and Dual Employment at Bassett Healthcare rev. 11-15-12
  • Harassment rev. 01-01-13
  • Arrangements for Rotating Residents at Bassett Healthcare rev. 04-04-13
  • Financial Support of Residents rev. 04-04-13
  • Guidelines of Resident Evaluation rev. 05-20-10
  • Educational Allowance for House Officers rev. 06-17-12
  • Guidelines for Approval and Scheduling of Off-Site Electives for MIBH House Officers rev. 05-20-10
  • Guidelines for Resident Selection rev. 05-20-10
  • Resident Promotion and Dismissal Based Upon Performance 04-04-13
  • Effect of Residency Closure on Residents rev. 02-16-12
  • Establishment of a Work Environment for Postgraduate Medical Education Trainees Conducive to Learning rev. 1-15-12
  • Leaves of Absence rev. 09-14-10
  • Parental Leave rev. 05-23-01
  • Effect of Leaves Taken During Training Programs on the Overall Length of the Program rev. 05-23-01
  • Internal Review of Graduate Medical Education rev. 04-04-13
  • Access to Training Files by Residents rev. 05-20-10
  • Resident Assistance Program 05-20-01
  • Resident Physician Impairment 08-16-12
  • GMEC Review of ACGME Correspondence 11-15-12
  • Disaster 02-16-12
  • Non-discrimination on the Basis of Disability 08-18-09
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