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HomeMy WebLinkAbout911077.tiff SWEDISH MEDICAL CENTER STUDENT AFFILIATION AGREEMENT THIS AGREEMENT, made as of the first day of August , 194L, is between SWEDISH MEDICAL CENTER, a Colorado nonprofit corporation ("Swedish") , and Weld County Ambulance ("Agency") . RECITALS Swedish desires that certain of its students (the "Students") , and when appropriate certain of its faculty members, be permitted to visit and utilize the Agency's facilities to afford the Students the opportunity to have practical learning and clinical experiences at the Agency. The Agency desires to aid in the education and training of health professionals and, subject to the terms and conditions of this Agreement, is willing to make its facilities available for such purposes. AGREEMENT In consideration of the foregoing and the mutual covenants and agreements herein contained, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Responsibilities of Parties. During the term hereof, the Agency shall make available to designated Students its physical facilities and clinical equipment to provide such Students the opportunity to obtain clinical training and experience and Swedish shall coordinate with the Agency for the supervision of its Students that are selected to participate in the clinical education program (the "Program") , all in accordance with the terms and conditions set forth herein. 2. Term. This Agreement shall commence on the date hereof. This Agreement shall be automatically renewed for successive one-year terms unless terminated in accordance with the provisions set forth in Section 9, below. 1/90 A 911U77 S cc; kb, S 'dioki C4 3. Student Selection for Program. The Agency and Swedish shall mutually agree on the accepted level of academic preparation required of each Student that will participate in the Program. Swedish shall determine the adequacy of each Student's educational experience in theoretical training, basic skills and professional ethics and shall assess the Student's attitude and behavior before suggesting a Student for clinical assignment to the Agency. The Agency and Swedish agree that there shall be no discrimination on the basis of age, race, religion, creed, sex, national origin, handicap or veteran's status in connection with Student selection for Program participation. 4. Clinical Education Program. (a) Swedish and the Agency shall mutually agree upon and arrange the objectives of instruction, the periods of assignment for each Student and the number of Students eligible to participate concurrently in the Program. (b) The Agency shall designate a member of its staff to act as its program coordinator and work with a designated member of Swedish's Pre- hospital Department (the "Department") in coordinating the Program for the Students at the Agency. A program coordinator, the faculty member assigned by Swedish, shall make on-site visits to the Agency, when appropriate, to observe and supervise the Students. If Swedish's program coordinator or any other faculty member desires to be involved in providing clinical instruction to the Students at the Agency, the Agency shall have the right to approve the character and extent of such faculty member's participation in clinical instruction at the Agency. (c) Swedish shall designate a member of the Department to be coordinator of the Program on behalf of Swedish. This Department member shall function as clinical supervisor and shall be the person with whom the Agency's program coordinator shall communicate regarding the conduct of the Program. Swedish's Department coordinator shall work with the Agency's program coordinator to develop program objectives, schedules and other details of the Program. 1/90 2 911.077 (d) Students shall be permitted to perform services for patients only when under the supervision of a registered, licensed or certified therapist. Such registered therapists are to be certified or licensed in the discipline in which supervision is provided. Students shall work and perform assignments at the discretion of their supervisors designated by the Agency. Students are trainees, not employees, and are not to replace the Agency staff. (e) During periods of clinical assignment at the Agency, Students shall remain subject to the authority, policies and regulations imposed by Swedish and shall be subject to all standards, rules, regulations, administrative practices and policies of the Agency. Similarly, any of Swedish's faculty visiting or participating in clinical instruction at the Agency shall be subject to the standards, rules, regulations, administrative practices and policies of the Agency. Swedish and the Agency shall arrange and provide orientation of faculty members and Students concerning the Agency's standards, rules, regulations, administrative practices and policies. (f) Swedish shall maintain all educational progress records pertaining to its Students and the Agency shall only have the obligation to make reports to Swedish regarding the Students participating in the Program. 5. Insurance and Indemnity. (a) Swedish hereby certifies that medical professional liability insurance, as stated on the attachment, is in full force and effect and insures each Student and faculty member of Swedish while on the premises of the Agency. Such insurance coverage shall, throughout the term of this Agreement, inure to the benefit of the Agency to the extent that it incurs any claim, loss, damage or liability as a result of the negligent acts or omissions of a Student during the period of his or her clinical assignment at the Agency or of a faculty member during any visit or teaching stay at the Agency. Swedish shall give the Agency written notice 30 days prior to 1/90 3 911.077 the effective date of any changes in the terms of such insurance. In the event the insurance is cancelled in whole or in part or as to any insured, Swedish shall immediately notify the Agency and the Agency may immediately terminate this Agreement in whole or in part or require that an uninsured Student be removed immediately from the Program. (b) To the extent not covered by the insurance referred to in subsection (a) above, Swedish hereby agrees to indemnify and hold harmless the Agency, its directors, officers, agents and employees from any claims, liability or damages (including without limitation reasonable attorneys' fees) resulting from the negligent acts or omissions of a Student or faculty member that is participating in the Program. 6. Health Care and Other Benefits. Costs and Expenses. (a) Neither the Students nor the faculty members shall be considered employees of the Agency for any purpose and the Agency shall not be required to provide in any way any pecuniary benefits or other fringe benefits to Students or faculty members of Swedish. The Agency shall not be required to purchase any form of insurance, including but not limited to liability, property damage, malpractice, accident, health or Worker's Compensation, for the benefit or protection of any Students or faculty of Swedish. (b) The Agency shall be under no obligation to assume any costs incurred by the Students or the faculty of Swedish during their scheduled time at the Agency. The Agency shall not be required to provide any form of transportation of Students or faculty of Swedish. (c) The Agency shall be responsible for arranging immediate emergency care of Students in the events of accidental injury or illness, but shall not be responsible for any costs involved in providing such emergency care or for follow-up care or hospitalization. 1/90 4 SSIA.077 7. Student Withdrawal from Program. The Agency may require Swedish to withdraw from the Agency any Student whose performance is determined by the Agency to be unsatisfactory or whose characteristics and activities are deemed by the Agency to be detrimental to the Agency's responsibilities for health care. Written requests for withdrawal of a Student shall be given by the Agency to Swedish and shall contain a statement of facts describing the Student's unacceptable conduct. Upon receipt of such notice from the Agency, Swedish shall immediately withdraw the Student from clinical assignment at the Agency. 8. Medicare Statutory Requirements. To the extent required by Section 1861 (v)(1)(I) of the Social Security Act, as amended, and its implementing regulations, the Agency agrees: (a) Until the expiration of four (4) years after the furnishing of services to Swedish pursuant to this Agreement, the Agency shall make available upon written request from the Secretary of the Department of Health and Human Services or upon request from the Comptroller General of the United States, or any of their duly authorized representatives, this Agreement and all books, documents, and records of the Agency that are necessary to certify the nature and extent of such costs relating thereto; and (b) If the Agency carries out any of its duties pursuant to this Agreement through a subcontract with a related organization, such contract shall contain a clause to the effect that until the expiration of four (4) years after the furnishing of such services pursuant to such subcontract, the related organization shall make available, upon written request from the Secretary, or upon request from the Comptroller General, or any of their duly authorized representatives, the subcontract, and all books, documents, and records of such organization that are necessary to verify the nature and extent of such costs relating thereto. (c) Notification. If the Agency is requested or ordered to disclose any books, documents or records relevant to the Agreement for the purpose 1/90 5 91.1.0 77 of an audit or investigation, the Agency shall notify Swedish of the nature and scope of such request and shall make available, upon written request of Swedish, all such books, documents, or records. 9. Termination. (a) This Agreement shall terminate upon the expiration of its term or any extension thereof or upon 90 days prior written notice from either party to the other. Should notice of termination be given, Students then assigned to the Agency shall be allowed to complete any previously scheduled clinical assignment then in progress at the Agency. (b) Termination or Amendment as the Result of Government Regulation. Swedish shall have the right to terminate or unilaterally amend this Agreement in order to comply with any legal order issued by a federal or state department, agency or commission, without liability. In the event Swedish elects or is required to amend this Agreement, the parties will use their best efforts to negotiate such amendment after Swedish has notified the Agency of such election or requirement. If the amendment is unaccep- table to the Agency, the Agency may choose to terminate this Agreement within thirty (30) days after such notice without liability for such termination. 10. Gomvensation. Swedish shall pay to (Agency) Weld County Ambulance the sum of zero dollars ($_2__) per (student and/or shift) shift This payment shall be paid upon the completion of a full scheduled clinical course following submission to Swedish by the Agency of an invoice listing the total number of participating students and the total number shifts for the completed clinical course. 11. Miscellaneous (a) The terms and conditions of this Agreement may be amended only be written instrument executed by both parties. 1/90 6 431 ' Or (b) Any notice required or permitted hereunder shall be in writing and shall be deemed given if delivered in person or three days after mailing by United States registered or certified mail, postage prepaid, and addressed as follows: To Swedish: Swedish Medical Center 501 E. Hampden Avenue P.O. Box 2901-7226 Englewood, Colorado 80150-0101 To A¢encv: Weld County Ambulance %$NBXE[dS �dBX%%XAA5BH 7 Board of Coy}ntX Commissioners, P 0 Box 758 Greeley, CO BOBBY 80632 3 liali[YX YXNHE IM 3ISBXBM}Ihaiii (c) This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. (d) This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written. SWEDISH MEDICAL CENTER AGENCY By By Title Vitt Pad 41.4 I Stv-0, Title Chairman, B rd of County Commissioners Date aa31 � 1481 Date September 9, 1991 ,� y ST. kal-147 t'.`=LD COUNTY a caK TO THE BOARD BY: `_ D; C iie CLEI i( TO TELL 1/90 7 21 07, 4,!It• l OFFICE OF COUNTY ATTORNEY PHONE(303) 356-4000 EXT. 4391 P.O. BOX 1948 lot GREELEY,COLORADO 80632 O • September 9 , 1991 COLORADO Mr. Greg Mullen Educational Director Pre-Hospital Services Swedish Medical Center 501 E . Hampden Avenue P . O. Box 2901-7226 Englewood, Colorado 80150-0101 RE: Student Affiliation Agreement Dear Mr. Mullen: Enclosed herein please find one of the signed originals for the Student Affiliation Agreement between Weld County, Colorado, and the Sedsh is ment he Boardwofi Countyic Commissioners Thof Weld eCounty a on approved its Agenda a on September 9 , 1991 . If you should have any questions regarding the implementation of the Agreement, please direct those to Gary McCabe at 353-5700 . Very�tru^ly yours, Bra T. Barker Weld County Attorney BTB:bp Encl . xc : Gary McCabe, Director Ambulance Services Hello