MEDSTAR ACADEMY AND MCCHS AFFILIATION AGREEMENT.PDF
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FACILITY STUDENT AFFILIATION AGREEMENT THIS AFFILIATION AGREEMENT between _Maricopa County_ hereinafter known as the “FACILITY, located in _Phoenix, Arizona and MedStar Academy, Inc. RN/LPN/PN Refresher Program (“School”) located in __Peoria__, Arizona. The purpose of this Agreement is to jointly undertake a program whereby clinical instruction and learning experiences (“Program Services”) will be offered at the Facility, which is committed to training health care professionals, to Students in accordance with the policies and objective of the FACILITY, and in accordance with all applicable State and Federal statutes. In consideration of the mutual promises and covenants contained in this Agreement, Student and the Facility agree as follows: A. There will be no payment of charges or fees between MedStar Academy, Inc., Student, and the Facility. There will be no discrimination against any program participant or applicant covered under this Agreement because of race, color, religion, national origin, age, handicap, status as a Vietnam era or disabled veteran, or sex or gender, nor will School or the Facility engage in unlawful discrimination in their employment or personnel policies. I. RESPONSIBILITIES OF STUDENT: A. Student is responsible for acquiring his or her own health insurance. The Facility is not responsible or liable for injury, illness or disease sustained by Student while performing duties related to the Program Services. B. Student will provide evidence to the Facility of current immunizations against diphtheria, tetanus, measles, mumps, rubella (or a positive rubella titer), and of hepatitis B immunization status for those students who will be in contact with patients/clients. For any student born after 1956, Student will provide record of positive titer or of post-1967 immunization for rubella and rubella. At the time of immunization, students with no history of exposure to varicella (chicken pox) will be advised to get an immune titer. MedStar Academy, Inc. will require yearly PPD testing, or follow-up as required by the Centers for Disease Control and the Facility. If the student is PPD-positive, he/she will provide an X- ray showing negativity. MedStar Academy, Inc. will provide information to the Facility regarding student status concerning the above requirements upon request. C. Student will provide copy of a Fingerprint Clearance card issued by the Department of Public Safety, State of Arizona. Student does not certify the veracity of the records provided and, furthermore, the obligation to conduct appropriate background checks and the liability for non-compliance therewith remains the responsibility of the Facility. D. Student shall maintain during the term of this Agreement, without cost to Facility, such insurance as is necessary to protect against liability arising from or incidental to the performances of services related to this Agreement. Coverage under such insurance shall be not less than One Million dollars ($1,000,000) for each occurrence and Six Million Dollars ($3,000,000) in the aggregate. Student shall provide the Facility with a certificate of insurance evidencing the insurance coverage required. E. Student is required to adhere to the standards, policies, and regulations of the Facility during his or her clinical education program. Noncompliance may result in withdrawal of clinical education/preceptorship privileges for Student. F. Student will maintain the confidentiality of patients’ records and will abide by the professional Code of Ethics. G. Student acknowledges that time spent gaining clinical experience is a non-wage experience. H. Student will complete an orientation procedure normally offered to new employees. I. Student agrees to pursue the prescribed course of study of 160 hours of preceptorship as outlined in the Arizona State Board of Nursing RN Refresher Program guidelines. Schedule should reflect the training hours of the student. Student will take advantage of every opportunity to improve his or her skills, knowledge, efficiency, and professional attributes necessary to achieve the standards of practice and performance expected of a professional healthcare worker. Student will review the specific policy and procedure prior to observing or performing a new or unfamiliar task and seek prompt assistance when needed. J. Student will be punctual and prepared to perform on the dates scheduled for clinical education/preceptorship. If unable to be present on the scheduled dates, student will promptly notify the designated hospital supervisor. K. Student will be courteous, honest, maintain a cooperative attitude and demonstrate the integrity of a health care professional, especially during interactions with patients and in concern for the patient’s security and welfare. L. Students will wear appropriate attire and name tags, in conformance to the standards and practices established by the Facility during their clinical education program at the Facility. M. The student assigned to the Facility will be and will remain a student and will in no sense be considered an employee of the Facility. The Facility does not and will not assume any liability under any law relating to Worker's Compensation because any Student's performing, receiving training, or traveling pursuant to this Agreement. Student will not be entitled to any monetary or other remuneration for services performed by him or her at the Facility, nor will the Facility otherwise have any monetary obligation to Student by this Agreement. N. The violation of this Agreement by a Student shall constitute sufficient cause for the Facility to terminate the Student from the Program Services. II. SCHOOL'S RESPONSIBILITIES A. MedStar Academy, Inc. will provide information to the Facility concerning its curriculum that has been approved by the Arizona State Nursing Commission and the professional and academic credentials of its faculty for this student at the Facility if requested. MedStar Academy, Inc. will designate an appropriately qualified and credentialed faculty member to coordinate and function as the Liaison with the Facility. MedStar Academy, Inc. will be responsible for instruction and administration of the student’s academic educational programs. MedStar Academy, Inc. will notify the Facility in writing of any change or proposed change of its Liaison. MedStar Academy, Inc. will have the final responsibility for grading student. B. MedStar Academy, Inc. will provide the name and information pertaining to relevant education and training for this student enrolled in the clinical education program at least two weeks before the beginning date of the clinical education program. MedStar Academy, Inc. is responsible for supplying any additional information required by the Facility as set forth in this Agreement, prior to the arrival of the student. MedStar Academy, Inc. will notify the Facility in writing of any change or proposed change in a student's status. C. MedStar Academy, Inc. will assign to the Facility only those students who have satisfactorily completed the prerequisite didactic portion of the curriculum and who have current CPR certification. D. MedStar Academy, Inc. will encourage each student participating in the clinical education program to acquire comprehensive health and accident insurance that will provide continuous coverage of such student during his or her participation in the education program. School will inform students that they are responsible for their own health care costs, health insurance coverage, and their own health needs. E. MedStar Academy, Inc. will comply with, and shall direct its students to comply with, the policies and procedures of the FACILITY/Training Site, including those governing the use and disclosure of individually identifiable health information under federal law, specifically 45 CFR parts 160 and 164 (HIPAA). Notwithstanding paragraph II.G, solely for the purpose of defining the student's role in relation to the use and disclosure of the Facility/Training Site's protected health information, such students are considered trainees and members of the Facility/Training Site's workforce, as that term is defined by 45 CFR 160.103, (Department of Health and Human Services) when engaged in activities pursuant to this Agreement. However, such students/trainees are not, and shall not be, considered to be employees of the Facility/Training Site. School will notify each student of his/her status and responsibilities pursuant to this Agreement. III. FACILITY'S RESPONSIBILITIES A. The Facility will provide the student with a desirable clinical education experience within the scope of health care services provided by the Facility. The Facility will designate an individual to the role of clinical coordinator/preceptor, who will provide instruction for Student, when appropriate and needed, and information on procedures, equipment operation and responsibilities within the department. The clinical coordinator/preceptor will provide student with the needed opportunities to fulfill the clinical experience requirements in both observational and supervised hands-on experience. B. The clinical coordinator/preceptor (see separate document for the Preceptors Guide to the RN/PN Refresher Student for definition), will evaluate and/or assign other qualified professionals to assist in the evaluation of student’s competency level in performing program services. The original “Skills Checklist” and “Preceptor Evaluation” will be completed by the preceptor to verify satisfactory completion of the stated required elements. Experiences must include Nursing process, Pharmacology, Delegation, Management, and Supervision. Decision making and Critical Thinking, Patient Assessment and Evaluation of care and communication with health team members, also meeting psychosocial and physiological need of patients as per the Arizona Board of Nursing are to be included. The Facility will provide students with access to sources of information necessary for education within the Facility’s policies and procedures and commensurate with patients' rights, including library resources and reference materials. C. The Facility will make available to student’s basic supplies and equipment necessary for care of patients/clients and the clinical education program. Within the limitation of facilities, the Facility will make available office and conference space for students. D. The Facility will submit required reports on each student's performance and will provide an evaluation to School on forms provided by School. E. The Facility retains full responsibility for the care of patients/clients and will maintain the quality of patient care without relying on the students' clinical training activities for staffing purposes. F. Student shall not be considered an employee of the Facility. The Facility does not assume and shall not assume any liability under any law reliant to Worker’s Compensation because any act of student’s performing, receiving training, or traveling pursuant to this Agreement. G. The Facility will have the right to take immediate temporary action to correct a situation where a student's actions endanger patient care. As soon as possible thereafter, the Facility’s clinical education Supervisor will notify MedStar Academy, Inc. of the action taken. All final resolutions of the student's academic status in such situations will be made solely by MedStar Academy, Inc. after reviewing the matter and considering whatever written information the Facility provides for School; however, the Facility reserves the right to terminate the use of its facilities by a student where necessary to maintain its operation free of disruption and to ensure quality of patient care. H. On any day when a student is participating in the clinical education program at its facilities, the Facility will provide to such student necessary emergency health care or first aid for accidents occurring in its facilities. Fiscal responsibility for such emergency care, including care described elsewhere in this Agreement, will be as follows: • The Facility will not bill students for the cost of initial emergency care. • Emergency care does not include follow-up for blood-borne pathogen exposure. I. At the student's expense, the student will have completed an HIV training prior to beginning clinical and will be responsible for all self-follow-up care if needed. The Facility shall recognize that the student has the status of learner and shall not replace staff or employees. Except as provided in this Agreement, the Facility will have no obligation to furnish medical or surgical care to any student. J. MedStar Academy, Inc., and student understands that the Facility will accept the student’s Arizona Fingerprint Clearance Card in lieu of a full background check. Should the facility require further background check they will do so at their decision and from within their Facility. IV JOINT RESPONSIBILITY MedStar Academy, Inc. and Facility will communicate by meeting, telephone, or email with either the Facility clinical educator, Supervisor or Preceptors, at the beginning or end of the clinical education program to discuss and evaluate the clinical education program. V. LIABILITY COVERAGE PROVISIONS A. The Facility/Training Site will be responsible for the negligent acts and omissions of its own employees, officers, and agents, which may occur regarding this Agreement as provided by law. B. The student will obtain and maintain professional liability coverage with limits of not less than $1 million per occurrence and $3 million annual aggregate (or an equivalent program of self-insurance) before beginning their clinical experience. The student will provide a copy of this to the facility prior to beginning their clinical experience. C. Student shall forever hold the Facility, MedStar Academy, Inc. and its employees, agents and representatives harmless of, from and against, and shall defend the Facility against and indemnify the Facility for, any and all liability which might be asserted against the Facility, MedStar Academy, Inc. and any and all costs, expenses and damages (including attorneys’ fees) which might be sustained by the Facility, & MedStar Academy, Inc. by virtue of, or arising out of or in connection with the negligent acts or omissions in the performance of Program Services by student. The indemnification provisions of this Section shall survive the termination and/or expiration of this Agreement. Vl. TERM A. This Agreement is effective beginning January 26, 2022. The facility will commit to precepting students as they see availability when approached by MedStar Academy, Inc. B. This agreement may be canceled by either party by providing 30 days written notice to the other party. Students currently enrolled in a clinical rotation at the Facility at the time of termination will be permitted to complete the current semester/quarter. VII. PROVISIONS REGARDING BLOOD-BORNE PATHOGENS AND TUBERCULOSIS EXPOSURE A. MedStar Academy, Inc. certifies that it has trained each student it sends to the Facility in universal precautions and transmission of blood-borne pathogens and tuberculosis, and that it will send to the Facility only students who have been trained in and have practiced using universal precautions. MedStar Academy, Inc. requires that each student receive the Hepatitis B (HBV) vaccine before assignment to the Facility. The Facility will provide personal protection equipment that is appropriate for the tasks assigned to School's students, including appropriate fitting for respiratory protection masks. B. In the event a student sustains a needle-stick injury or other substantial exposure to bodily fluids of another or other potentially infectious material while participating in the clinical education program at the Facility, the Facility agrees to provide the following services: • Being seen by the Facility employee health service and/or nursing supervisor as soon as possible after the injury. • Emergency medical care following the injury. • Initiation of HBV, Hepatitis C (HCV) and HIV protocol; follow-up if needed will be the responsibility of each student. • HIV counseling and appropriate testing is the responsibility of each student. C. The source patient's HBV, HCV and HIV status will be determined by the Facility in the usual manner to the extent possible. Neither the Facility nor MedStar Academy, Inc. will accept liability for any illness or injury after such accidental exposure, except as otherwise provided in this Agreement. Each student is encouraged to carry their own personal health insurance. VIII. MISCELLANEOUS PROVISIONS A. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior oral or written agreements, commitments, or understandings concerning the matters provided for herein. B. Amendment. This Agreement may only be modified by a subsequent written Agreement executed by the parties. The provisions in this Agreement may not be modified by any attachment or letter agreement as described elsewhere in this Agreement. C. Order of Precedence. Any conflict or inconsistency in this Agreement and its attachments will be resolved by giving the documents precedence in the following order: 1. This Agreement. 2. Attachments to this Agreement in reverse chronological order. D. Governing Law. The parties' rights or obligations under this Agreement will be construed in accordance with, and any claim or dispute relating thereto will be governed by the laws of the State of Arizona. E. Notices. All notices, demands, requests, or other communications required to be given or sent by School or the Facility, will be in writing and will be mailed by first-class mail, postage prepaid, or transmitted by hand delivery or facsimile, addressed as follows: F. Cancellation “This Agreement is subject to cancellation pursuant to A.R.S. §38-511. 1. To School: MedStar Academy, Inc. Attn: Linda Rose BSN, RN, MHA, Executive Nursing Director and President 27200 N 130th Dr. Peoria, AZ 85383 Cell: (480) 628-0937 Fax: 1(623)-399-1192 2. To: Facility: Maricopa County Correctional Health Services Attention: _Donna Campbell BSN, RN, CCHP Education Nursing Supervisor Lower Buckeye Jail 3250 W. Lower Buckeye Rd. Phoenix, AZ 85009 Office: 602-876-7115 Donna.Campbell@Maricopa.gov Wayne J. Peck January 4, 2022