RESIDENCY AGREEMENT THIS AGREEMENT is made this _____

51 Pages·2008·1.17 MB·English

by  Information Services

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.

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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 non-
Oakwood 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
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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.
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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
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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.

Section 8 Discrimination and Harassment. It is the policy of Oakwood that all residents
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.

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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
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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

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YEAR OF WEEKLY CONFERENCE PROFESSIONAL MEDICAL BOOK
ON CALL MEALS ALLOWANCE DUES LICENSE ALLOWANCE
TRAINING
paid bi-
weekly

1 $37.20 $400 $105 $165 $200
and
(28.95 + 8.25 3 days
for taxes)

2 $32.00 $1000 $105 $165 $300
and
(24.96 + 7.04 5 days
for taxes)

3 $32.00 $1200 $105 $165 $400
and
(24.96 + 7.04 5 days
for taxes)

4 $32.00 $1200 $105 $165 $500
and
(24.96 + 7.04 5 days
for taxes)

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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.
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