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CLINICAL AFFILIATION AGREEMENT
This AGREEMENT is made this day of , 20 between American HealthCare, LLC (hereinafter “the Clinical Facility” or "AHC") and Community College, an agency of the Commonwealth of Virginia (hereinafter “the College”).
WHEREAS, the College is an educational institution with an approved program or approved programs in (Physician Assistant, Nursing, Medical Lab Technician, Physical Therapy, Physical Therapy Assistant), (hereinafter collectively referred to as “the Program”) which requires clinical experiences of students enrolled therein; and
WHEREAS, the Clinical Facility is a health care facility which has the resources in equipment and staff to provide the clinical experiences required by the Program of the College; and
WHEREAS, the health care facilities of the Clinical Facility covered by this Agreement
are listed in Exhibit A and the College’s Programs covered by this Agreement are listed in Exhibit A; and
WHEREAS, it is to the benefit of the College that the resources of the Clinical Facility be made available to its students for the required clinical experiences; and
WHEREAS, it is to the benefit of both the College and the Clinical Facility to cooperate in the educational preparation of students enrolled in the Program so as to promote excellence in patient care, to ensure professional competence, and to provide maximum utilization of community resources;
NOW THEREFORE, in consideration of the promises herein contained and other good and valuable consideration the parties agree as follows:
1. Purpose
The purpose of this AGREEMENT is to establish procedures and guidelines for the provision of clinical experiences within the Clinical Facility for students of the Program.
2. The College’s Responsibilities
The College agrees to:
a. Present students for clinical experiences who have adequate preclinical instruction and who, in the discretion of the faculty of the College, have adequately fulfilled the preclinical requirements of the curriculum;
b. Provide evidence demonstrating that students who are presented for clinical experiences meet the Clinical Facility’s screening and immunizing requirements as set forth in Exhibit B;
c. Inform Students that they will be required to submit to and pay for a criminal background check performed by a third party clearinghouse or the Clinical Facility, containing such search parameters as the Clinical Facility indicates, to determine whether he/she is at a minimum listed on the “List of Excluded Individuals and Entities” maintained by the Office of the Inspector General for the Department of Health & Human Services, or otherwise has a criminal record. The Clinical Facility’s current search parameters are set forth in Exhibit C. Upon the Clinical Facility’s request, the College will have Students provide, as a condition of their participation in the Program, the release of evidence directly to the Clinical Facility showing that a background check was performed and its results. In no event, however, will the College further disseminate any student’s background check results of which it might become aware, including the fact that no record exists, in derogation of § 19.2-389(C) of the Code of Virginia. If a Student does not have a satisfactory background check, the Clinical Facility may prevent such Student from participating in the Program.
d. Obtain, or provide evidence of, comprehensive insurance coverage for students and faculty in accordance with Virginia law. In particular, malpractice coverage shall be determined by § 8.01-581.15 of the Code of Virginia, which provides that coverage will not exceed one million nine hundred twenty-five thousand dollars ($1,925,000) per occurrence on and after July 1, 2007 and two million dollars ($2,000,000) on and after July 1, 2008. Evidence of such insurance is provided herein;
e. Inform all students of the rules, regulations, policies and procedures of the Clinical Facility and require their conformance to such rules, regulations, policies and procedures as a condition of their clinical experience participation;
f. Advise the Clinical Facility no less than three (3) weeks prior to the commencement of the clinical experiences of the number of students who will be presented for clinical experiences and the dates and hour each such student will be assigned to clinical experiences as determined by the Program curriculum and students’ class schedules;
g. Provide the services of a faculty member of the Program, or other College liaison, who will:
(1) Plan, in conjunction with staff member(s) of the Clinical Facility the clinical experiences and patient care assignments which will fulfill the clinical requirements of the Program curriculum; and
(2) Meet with staff member(s) of the Clinical Facility to discuss the quality of the clinical experiences and any problems which may have arisen in the provision of those experiences.
h. Retain responsibility for the education of students in and for the curriculum of the Program, its design, delivery, and quality; and
i. Maintain all educational records and reports relating to the experiences of its students;
j. Require its students to execute the Clinical Facility’s pre-clinical experience paperwork prior to beginning the clinical experience.
3. The Clinical Facility’s Responsibilities
The Clinical Facility agrees to:
a. Provide supervised clinical experiences for students which fulfill the curriculum requirements of the Program and meet the objectives agreed upon by the College and the Clinical Facility;
b. Provide the College with a minimum of 90 days written notice in the event it is unable to place College students;
c. Provide the College’s participating students and faculty with an orientation to the Clinical Facility, or orientation packets about the Clinical Facility, which will include training about the Health Insurance Portability and Accountability Act of 1996 (HIPAA), especially as it relates to the Clinical Facility’s confidentiality requirements;
d. Provide students with instruction regarding blood-borne pathogens, and how, when and why to report incidents;
e. Require students to sign confidentiality statements regarding the protection and confidentiality of patient medical records;
f. Provide facilities for clinical experiences which include reasonable library, classroom, conference room and locker room space, and whenever possible, office and storage space;
g. Provide the services of unit staff members who will:
(1) Assist the College’s coordinating faculty members with the planning of clinical experiences and patient care assignments; and
(2) Meet with the College’s coordination faculty members to discuss the quality of the clinical experiences and any problems which may have arisen in the provision of those experiences; and
h. Plan, administer and retain responsibility for all aspects of the patient care program and provide for qualified supervision of all patient activities; and
i. Allow faculty members of the College access to the facilities of the Clinical Facility for the purposes of coordinating, observing and instruction of students engaged in clinical experiences;
j. Provide, on forms furnished by the College or as otherwise approved by the College, an evaluation and report on the performance of each student participating on a full-time basis in the clinical experience.
4. Responsibility of the College and the Clinical Facility
The College and the Clinical Facility agree that:
a. The maximum number of students who may participate in clinical experiences will be determined by mutual agreement of the parties;
b. The parties will advise one another of changes in supervision and instructing personnel, changes in applicable policies, changes in student enrollment, and changes in the availability of resources;
c. Emergency treatment of students for any injuries incurred during clinical activities must be covered through the student’s personal health insurance plan, or through his/her own resources. Personal health insurance coverage for the College’s faculty and/or students will not be the responsibility of the College and/or Clinical Facility;
d. The Clinical Facility may at any time summarily relieve a student from a specific assignment, or request that a student or faculty member leave a patient care area for causes related to the quality of patient care;
e. The Clinical Facility may require that student(s) be withdrawn from participation in the clinical experience provided that the Clinical Facility first consults with the College and gives specific reasons for the withdrawal, which reasons shall not be among those prohibited under “f” below;
f. Neither party shall unlawfully discriminate against any student on the basis of race, religion, sex, creed, age, national origin or disability;
g. Students are volunteers at the Clinical Facility and not employees of either party during their clinical experience; and
h. The parties are independent contractors in relation to one another and neither party is authorized or permitted to act as an agent or employee of the other;
5. Governing Law
This Agreement is made in Roanoke, Virginia and shall be governed by the laws of the Commonwealth of Virginia.
6. Length of Agreement
This Agreement commences on and is in effect for one (1) year with two (2) automatic renewals for subsequent one (1) year terms. It shall be reviewed each year by the parties, and it may be terminated by either party in writing or certified mail at least ninety (90) days prior to the date of termination for that year. Either party may terminate this agreement at any time, including during the initial term, with or without cause, upon 30 days written notice to the other party.
Should notice of termination be given by either party to this Agreement, those students currently assigned to the Clinical Facility by the College shall be permitted to complete the prior schedule clinical internship assignment in progress at the Clinical Facility.
7. HIPAA Compliance: College agrees to the requirements as specified in Attachment A and will have every student and faculty member assigned to the facility sign and comply with the Confidentiality Agreement as specified in Attachment B; and both Attachments are incorporated herein by reference.
8. Referral Disclaimer and Statement of Eligibility
a. Disclaimer and Freedom of ChoiceReferral . The parties acknowledge that the payment or receipt of any remuneration, direct or indirect, to induce the referral of a patient or for the purpose of purchasing either goods or services reimbursable under the federal Medicare or state Medicaid programs is prohibited. No provision of this Agreement is intended to, nor shall it be construed as requiring any party hereto to refer any patient to any other party hereto nor shall any payment contemplated hereunder be contingent or conditioned upon nor measured, by the referral by any party of patients, or for the purchase of services or goods, to any of the other parties hereto; it being expressly provided that no purpose of this Agreement is to induce referrals or health care business. The parties further acknowledge that Facility's patients shall have the right of freedom of choice to choose a vendor for services, including medical services from private physicians, and the parties shall take such reasonable steps as may be necessary and appropriate to ensure such freedom of choice, including advising the patient as to the availability of such services from other sources in the community and conforming to all requirements of law.
b. 8.2 ProgramsStatement of Eligibility to Participate In Federal Health Care . College states that, to the best of its knowledge, it and any of its employees/contractors is/are not (a) currently excluded, debarred, suspended, or otherwise ineligible to participate in Federal health care programs or in Federal procurement or non-procurement programs; and (b) has/have not been convicted of a criminal offense that falls within the ambit of 42 U.S.C Section 1320a-7(a), but has not yet been excluded, debarred, suspended, or otherwise declared ineligible. Nothing herein should be interpreted as a waiver of the sovereign immunity of the Commonwealth of Virginia.
Notice of termination to the Clinical Facility shall be directed to:
American HealthCare, LLC
5372 Fallowater Lane, Suite 200
Roanoke, VA 24018
Attn: Director of Contracting
Notice of termination to the College shall be directed to:
______
______
______
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed on the day, month, and year as written above:
______
Clinical Facility Name Northern Virginia Community College
By: ______By: ______
Authorized Officer
______Title: ______
Authorized Officer’s Printed Name
Date: ______Date: ______
Attachment A
Protected Health Information
A. General. It is recognized by each party to this Agreement that certain information that is proprietary and non-public may be disclosed to the other party pursuant to this Agreement, including protected health information of Facility residents (“PHI”) which is regulated by the Health Insurance Portability and Accountability Act healthcare privacy regulations (“HIPAA”). Facility and College agree that confidential information will only be available to officers, employees, or agents of the parties who may be required to have access to such confidential information in order to perform their duties under this Agreement and that confidential information of the other party will not be disclosed to any other person, firm, or entity without obtaining the prior written consent of the other party.
B. Permitted Uses. College is permitted to use the PHI only as necessary to perform the Services set forth in this Agreement (“Permitted Uses”).
C. Duties of College to Protect PHI. College shall:
i. not use or further disclose any PHI other than as permitted or required by this Amendment;
ii. not use or further disclose any PHI in a manner that would violate the requirements of applicable law, including, but not limited to HIPAA
iii. implement a policy and procedure that incorporates appropriate safeguards to prevent the use or disclosure of such PHI other than as provided for by this Amendment and provide a copy of such policy and procedure to Facility upon request;
iv. immediately report to Facility any use or disclosure of such PHI not provided for by this Amendment of which College becomes aware;
v. ensure that any subcontractor or agent to whom College provides such PHI agrees, in a writing substantially similar to this Amendment, to the same restrictions and conditions that apply to College with respect to such information under this Amendment; provided, however, that College shall not provide any PHI to any subcontractor or agent without the prior written consent of Facility;
vi. make such PHI available for inspection and copying by the subjects thereof in accordance with applicable law, including, but not limited to HIPAA;
vii. incorporate any amendments or corrections to such PHI when notified by Facility; and