Saint Vincent Hospital | A history of excellence. A century of care. - Internal Medicine Residency Program

Program Information

Resident Physician Agreement

RESIDENT AGREEMENT PGY1, PGY2 & PGY3

RESIDENT AGREEMENT

THIS RESIDENT PHYSICIAN EMPLOYMENT AGREEMENT is made and executed in Worcester, Massachusetts, as of this _____ day of _______, 2015 by and between VHS Acquisition Subsidiary Number 7, Inc., a Delaware corporation doing business as Saint Vincent Hospital (“Hospital”) and ___________________________ (“Resident Physician”).

RECITALS

WHEREAS, Hospital is operating a health care institution known as Saint Vincent Hospital, located at 123 Summer Street, Worcester, Massachusetts 01608; and

WHEREAS, Hospital has established a Residency Training Program (“Program”) as a way to provide quality healthcare and quality clinical education for Resident Physician; and

WHEREAS, Hospital desires to enroll Resident Physician in Hospital’s Residency Training Program, and Resident Physician is willing and desirous to participate under mutually satisfactory terms and conditions;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, Hospital and Resident Physician agree:

AGREEMENT

1. RESIDENT APPOINTMENT. Hospital offers and Resident Physician hereby accepts an appointment as Resident Physician in the Internal Residency Program for PGY_____.

If Resident Physician is offered and accepts appointment as a Resident Physician in the Internal Residency Program during the first Resident Year of this Agreement, Resident will be appointed as a Resident Physician at the PGY1 level of Hospital’s Training Program, during the first Resident Year (generally June 24, 2015 through June 30, 2016 or as otherwise specified) of this Agreement.

If Resident Physician is offered and accepts to continue as a Resident Physician during the second Resident Year of this Agreement, Resident will be appointed as a Resident Physician in the Internal Residency Program in the PGY2 level in Hospital’s Training Program, during the second Resident Year (generally July 1, 2015 through June 30, 2016 or as otherwise specified) of this Agreement.

If Resident Physician is offered and accepts to continue as a Resident Physician during the third Resident Year of this Agreement, Resident will be appointed as a Resident Physician in the Internal Residency Program in the PGY3 level in Hospital’s Training Program, during the third Resident Year (generally July 1, 2015 through June 30, 2016 or as otherwise specified) of this Agreement.

RESIDENT AGREEMENT PGY1, PGY2 & PGY3

2. COMPENSATION.

a) PGY1. During the Initial Term of this Agreement, as a PGY1, Hospital shall compensate Resident Physician at the annual rate of $54,848 (prorated to a biweekly pay period amount for the Initial Term), corresponding to Hospital’s 12-period accounting system.

b) PGY2. If Resident Physician is offered, and accepts appointment as a PGY2 during the Renewal Term (if any) of this Agreement, Hospital shall compensate Resident Physician at the rate of $56,356 or the then-current salary for a PGY2 physician trainee, corresponding to Hospital’s 12-period accounting system.

c) PGY3. If Resident Physician is offered, and accepts appointment as a PGY3 during the Renewal Term (if any) of this Agreement, Hospital shall compensate Resident Physician at the rate of $57,923 or the then-current salary for a PGY3 physician trainee, corresponding to Hospital’s 12-period accounting system.

d) The Base Salary shall be payable to Resident Physicians in bi-weekly installments. Notwithstanding the foregoing, no compensation shall be payable to Resident Physician for any administrative services

e) BENEFITS. Resident Physician shall be entitled to the benefits described in Exhibit A, provided, however, that Exhibit A identifies the benefits currently available to resident physicians at Hospital and such benefits are subject to modification amendment from time to time by Hospital at Hospital’s sole discretion.

3. TERM & TERMINATION.

a) INITIAL TERM.

The initial term of this agreement begins on July 1, 2015, and ends June 30, 2016 (unless

otherwise specified).

b) RENEWAL TERM.

(i) Notice of Renewal/Non-Renewal. If Hospital, in its sole discretion, offers the Resident Physician the opportunity to renew this Agreement for an additional term of twelve (12) months, Hospital will provide Resident Physician with written notice not less than four (4) months before the expiration of the Initial Term, unless the primary reason(s) for the non-renewal occurs within the four (4) months prior to the end of this Agreement. In that event, Hospital shall provide Resident Physician with at least five (5) days’ notice of nonrenewal before the end of the Initial Term or applicable Renewal Term.

(ii) Resident Obligation to Respond. If Hospital offers a Renewal Term to Resident Physician, he or she must accept or reject Hospital’s offer for renewal of the Agreement within ten (10) days after receipt of the offer.

(c) DISCIPLINARY ACTION.

RESIDENT AGREEMENT PGY1, PGY2 & PGY3

At any time, if the Program Director of the Residency Program determines that the Resident Physician has failed to fulfill any obligation under this Agreement, such failure is cause for the termination of this Agreement. In the discretion of the Program Director, other disciplinary action may be imposed.

(i) Resident’s Right to Appeal/Grievance Process. Resident Physician may appeal any termination or disciplinary action through the Grievance Process. Information regarding this process and applicable procedures may be obtained from the Hospital Intranet.

(ii) Obligation at Termination of this Agreement. Upon termination of this Agreement for any reason, Resident Physician shall return all Hospital property, including but not limited to books, equipment, digital pager and uniforms, and shall complete all records and satisfy all professional and financial obligations. Upon termination of this Agreement, any and all rights to further payments under this Agreement shall terminate without further notice or action being required by Hospital; provided, however, that Hospital shall pay to Resident Physician any sums which accrued to Resident Physician on or before the date of termination. Any amounts due to Resident Physician shall be paid within sixty (60) days after this Agreement is terminated.

d) TERMINATION.

Notwithstanding any other provision of this Agreement, this Agreement may be terminated:

(i) At any time by mutual agreement of the parties; or

(ii) As provided for in the Hospital’s Graduate Medical Education Policy.

4. RESIDENTS OBLIGATIONS, DUTIES & REPRESENTATIONS.

a) EDUCATION, TRAINING & LICENSURE.

Resident Physician represents that he/she is a Medical Doctor and that he/she has a valid license to practice medicine in the Commonwealth of Massachusetts. (Commonwealth)

(i) Licensure Revocation, Suspension or Other Action. If Resident Physician’s license to practice medicine in the Commonwealth is revoked, suspended or otherwise subjected to discipline, then this Agreement shall automatically terminate as of the date of such revocation, suspension, or other disciplinary action.

(ii) Required Notice. Resident Physician further agrees to provide the Hospital with prompt written notice if any action is taken against Resident Physician’s license to practice medicine in the Commonwealth of Massachusetts or any other jurisdiction in which Resident Physician holds (or has held) a license to practice medicine, whether such action is of a temporary or permanent nature, or in the event that Resident Physician is subject to disciplinary action of any kind. The Hospital may, at its option, immediately terminate this Agreement upon or after commencement of any such disciplinary proceedings or other action.

RESIDENT AGREEMENT PGY1, PGY2 & PGY3

b) MANAGED CARE PARTICIPATION. Resident Physician acknowledges that Hospital has entered into contracts to provide managed care, and may enter into additional managed care contracts in the future. As used herein the term “managed care” shall mean care provided by Health Maintenance Organizations, Preferred Provider Organizations, Prepaid Medical Plans and other similar healthcare systems. Resident Physician agrees to comply with the terms of all managed care arrangements in which Hospital participates now or in the future to the extent such terms do not conflict with the standards of the Accreditation Council on Graduate Medical Education.

c) SUPERVISION, RULES & REGULATIONS.

(i) SUPERVISION. Resident Physician shall be directly responsible to the Program Director of the Residency Program (“Program Director”).

(ii) RULES & REGULATIONS. Resident Physician shall abide at all times by the Hospital’s House Staff Manual, and the bylaws, rules and regulations, and policies and procedures of the Medical Staff and the Hospital, and shall conduct himself/herself in a professional manner. The Resident Physician also understands and agrees that the Hospital may, at its discretion, change or modify the aforesaid House Staff Manual, and the bylaws, rules and regulations, and policies and procedures of the Medical Staff and the Hospital and agrees to keep himself/herself appraised of the contents thereof at all times during the course of this Agreement.

d) ABILITY TO FULFILL PROGRAM OBLIGATIONS/HEALTH REQUIREMENTS.

(i) Resident Physician must be fully capable of participating in the Program, with or without a reasonable accommodation. Once Resident Physician has applied for admission to and is conditionally accepted by the Program, Resident Physician shall be required to undergo a complete physical examination, including blood test and drug screen, to confirm that Resident Physician is fully capable of participating in the Program, with or without a reasonable accommodation.

(ii) In addition, Hospital may require evidence that the Resident Physician has been immunized against various viruses and may require that Resident Physician periodically take certain routine laboratory tests and chest x-rays.

(iii) Illness/Injury. In the event that Resident Physician is absent due to illness or injury, a Hospital staff physician prior to returning to work must clear Resident Physician. Hospital shall provide emergency first aid treatment to Resident Physician in the event that Resident Physician needs such care until the personal physician of Resident Physician can be summoned, but shall not be obligated to furnish any other medical or surgical services to Resident Physician and Hospital shall not be responsible for any costs involved in such treatment, any follow-up care, or any hospitalization.

e) RESIDENT EDUCATION, TRAINING & PROGRAM REQUIREMENTS.

(i) Resident Physician agrees to fulfill the educational requirements of the

RESIDENT AGREEMENT PGY1, PGY2 & PGY3

Program and the obligations to provide appropriate patient care as assigned by the Program Director or the Medical Director of the clinical service to which the Resident Physician may be assigned from time to time. Resident Physician shall maintain proper professional conduct and appearance and demonstrate courtesy and respect to patients, their families and all persons employed by or associated with Hospital.

(ii) Resident Physician shall attend all education conferences required by the Program Director or the Medical Director of the clinical service to which Resident Physician is assigned from time to time, unless Resident Physician is engaged in the emergency care of patients or specifically directed to perform other responsibilities by the Program Director or said clinical service Medical Director. Resident Physician shall participate as directed by the Program Director in related medical education programs provided through the Hospital’s affiliation with universities or other educational facilities.

(iii) In addition to fulfillment of the education, training and program requirements defined hereinabove, all PGY-2 and PGY-3 Residents may engage in an optional clinical experience to work supervised shifts at Saint Vincent Hospital in order to expand his/her clinical skills, upon request and contingent upon approval by Residency Program Director (“Elective Rotation”).

PGY-2 and PGY-3 Residents shall be compensated Fifty-Five Dollars ($55.00) for each hour of supervised patient care services provided (“Hourly Compensation”) during an Elective Rotation as described in and Exhibit, attached and incorporated herein.

5. HOSPITALS RIGHTS, OBLIGATIONS & DUTIES.

a) TRAINING PARTICIPATION. Hospital may refuse access to its clinical areas to Resident Physician if Resident Physician does not meet Hospital’s employee standards for safety, health, or ethical behavior.

b) BILLING. Hospital solely shall bill for all professional services rendered by the Resident Physician. Any and all fees received in connection with such billed services, including all fees and payments of any nature in payment for managed care services rendered by Resident Physician, belong to Hospital and should be paid as received to Hospital and, if payable to Resident Physician shall be assigned to or endorsed promptly to Hospital by Resident Physician. Resident Physician shall not bill or collect from any payor or patient any sums for professional services rendered by Resident Physician under this Agreement.

c) RESIDENCY TRAINING PROGRAM. Hospital shall provide a program of education that meets the standards established by the Accreditation Council on Graduate Medical Education.

6. MISCELLANEOUS PROVISIONS.

a) INCORPORATION. THIS Agreement embodies the complete, full and exclusive understanding of the Hospital and the Resident Physician with respect to the Resident Physician’s employment by Hospital, and it supersedes and cancels all prior agreements, written

RESIDENT AGREEMENT PGY1, PGY2 & PGY3

or oral, between the parties hereto regarding the Resident Physician’s employment by Hospital. Any amendments, additions, or supplements to or cancellation of this Agreement shall be effective and binding on the Hospital and the Resident Physician only if in writing and signed by both parties.

b) PARTIAL INVALIDITY. In the event that any provision of this Agreement is deemed to be invalid or unenforceable by any court of competent jurisdiction, such provision shall be deemed to be restricted in scope or otherwise modified to the extent necessary to render the same valid and enforceable, or, in the event that such provision cannot be modified or restricted so as to be valid and enforceable, then the same shall be deemed excised from this Agreement if circumstances so require, and this Agreement shall be construed and enforced as if such provision had originally been incorporated herein as so restricted or modified, or as if such provision had not originally been contained herein, as the case may be.

c) NOTICE. Any written notice given under this Agreement by the parties shall be addressed to the addressee at the address of such addressee at the place identified on the signature page below, unless prior written notice of a change of address has been furnished.

With copy to: Tenet Healthcare

1445 Ross Avenue

Suite 1400

Dallas, Texas 75202

Attn: Law Department

d) APPLICABLE LAW. This Agreement shall be construed in accordance with the laws of the Commonwealth. The provisions of this Section shall survive expiration or termination of this Agreement regardless of the use of such termination.

e) COMPLIANCE OBLIGATIONS. Resident Physician represents that he/she read, understands, and shall abide by Tenet’s Standards of Conduct. Resident Physician shall comply with Tenet’s Compliance Program and Tenet’s policies and procedures related to the Deficit Reduction Act of 2005, Anti-Kickback Statute and the Stark Law. Tenet’s Standards of Conduct, summary of Compliance Program, and policies and procedures, including a summary of the Federal False Claims Act and applicable state false claims laws (collectively “False Claims Laws”) with descriptions of penalties and whistleblower protections pertaining to such laws, are available at: http://www.tenethealth.com/about/ethics-compliance. Further, the parties to this Agreement certify that they shall not violate the Anti-Kickback Statute and Stark Law, and shall abide by the Deficit Reduction Act of 2005, as applicable, in providing services to Hospital. Resident Physician shall complete any training required under Tenet’s Compliance Program.

RESIDENT AGREEMENT PGY1, PGY2 & PGY3

IN WITNESS WHEREOF, Hospital has caused this Agreement to be executed by its duly authorized officer, and the Resident Physician has executed this Agreement by hereunto setting his/her hand effective as of the day and year first above written. Hospital:

VHS ACQUISITION SUBSIDIARY NUMBER 7, INC. D/B/A SAINT VINCENT HOSPITAL

Resident:

By:

Steven MacLauchlan

By:

Title:

President and Chief Executive Officer of Saint Vincent Hospital

Address:

Date

Signed:

Date Signed:

Final Resident Agreement for PGY1 through PGY3 Residents 2015-2016 Internal Medicine