HomeMy WebLinkAboutResolution - 2011-R0534 - Letter Agreement - TTUHSC Department Of Internal Medicine Residency Program - 12/01/2011 Resolution No. 2011-RO534
December 1, 2011
Item No. 6.12
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, a Letter Agreement Between Texas
Tech Health Sciences Center Department of Internal Medicine Residency Program
and Lubbock Health Department, Lubbock, TX between the City of Lubbock and
Texas Tech University Health Sciences Center to provide learning opportunities in the
treatment of sexually transmitted diseases for medical residents of the Texas Tech
University Health Sciences Center. Said letter agreement is attached hereto and
incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this December 1 2011.
TOM MARTIN, MAYOR
ATTEST:
Rebe a Garza, City Secretary
APPROVED AS TO CONTENT:
1,:�"�0 t om
N v�
Bridget Faulkenberry,
Health Department Director
APPROVE AS T F R
J n r , Assi ant 1ty Attorney
Q:ICCDOCSIRES.Agreement-COLI-1D SCD Services 12.1.201 Ldoc
i
I
Resolution No. 2011-RO534
LETTER OF AGREEMENT
between
TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER
DEPARTMENT OF INTERNAL MEDICINE RESIDENCY PROGRAM
AND
Lubbock Health Department,LUBBOM TX
The following is an agreement between the Department of Internal Medicine at Texas
Tech University Health Sciences Center and Lubbock Health Department in Lubbock,Texas.
SUPERVISION: Richard E Winn,MD,Program Director in Infectious Diseases(ID)
has overall responsibility for management of the Infectious Diseases Fellowship program and for
compliance with various institutional regulations and ACGME regulations. Faculty members in
the division of ID and/or City Health Department personnel will have primary responsibility for
the day today supervision of the clinical care provided by ID fellows rotating through the STD
Clinic,Lubbock City Department of Health. These faculty members or City Health Dept.
personnel will also be responsible for education and teaching activities at STD Clinic,Lubbock
City Department of Health. When ID fellows rotate through STD Clinic,Lubbock City
Department of Health,they will be supervised by the following physicians on the following
rotations:
1. ID Consult Service—Faculty Division of Infectious Diseases
EDUCATIONAL GOALS AND OBJECTIVES: STD Clinic,Lubbock City Department
of Health provides ID Fellows with their ancillary outpatient teaching site in sexually
transmitted infections.This site includes patients of Lubbock County and the city of Lubbock.It
also provides expertise in management and laboratory correlations. The patient population at
STD Clinic,Lubbock City Department of Health is diverse and ID problems range from simple
acute medical problems to very complicated medical problems with acute exacerbations related
to STDs including syphilis,Herpes,gonorrhea,Chlamydia and HIV. The ID fellows will have
the opportunity to enhance their clinical skills,increase their clinical experience,and enhance
their clinical judgment in managing infections while worldng at the STD Clinic,Lubbock City
Department of Health. In addition,they will have the opportunity to work in a healthcare
system,which has a significant responsibility for indigent healthcare.
PERIOD OF ASSIGNMENT: ID fellows will rotate through STD Clinic,Lubbock City
Department of Health for several month-long periods of time during their first year of
fellowship. In the second year of training fellows additionally may have exposure to training
throughout the year. Teams will include faculty members,fellows,and social workers.
EVALUATIONS: During STD Clinic,Lubbock City Department of Health,Division of
ID faculty members and/or City personnel will be responsible for the teaching,supervision and
evaluation of fellows.These evaluations will be done orally and in written format using an
electronic online service. The division of ID maintains a master file for each fellow.
POLICIES: The policies of the Texas Tech University Health Sciences Center Graduate
Medical Education program,the policies of the Department of Internal Medicine,and the
policies of Lubbock City Health Department will apply to fellows at the STD Clinic_ University
Medical Center provides for salary and benefits through a master coordinating agreement with
Texas Tech University Health Sciences Center. The fellows salary will not be provided by the
STD Clinic,Lubbock City Department of Health. During this clinical experience fellows will
attend their Continuity of Care clinic at Texas Tech University Health Sciences Center each
week and will expected to attend department conferences as scheduled.
LIABILITY INSURANCE: Fellows are covered under the Texas Tech University
Health Sciences Center professional liability insurance plan.
City of Lubbock Health Dept,Lubbock,TX Date
C.G-4VL `
fUq' rd E Winn,MD Date
Professor of Medicine and Microbiology
Infectious Diseases Fellowship Program-Director
Approved as to f3mr.'j0
cog 01F
iWPF OVED AS W GUm 6 L-jtl
Approved by the City COLmcil this December 1 2011.
TOM MARTIN, MAYOR
ATTEST:
Reb ca Garza, City Secretary
Resolution No. 2011-RO534
TEXAS TECH UNIVERSITY SYSTEM`
November 28, 2011 Office of General Counsel
(Professional Liability Division) �✓ �,
CERTIFICATE OF SELF-INSURANCE,�,f
COVERED PHYSICIANS: See attached list
CATEGORY: All TTUHSC Faculty, Fellow Physicians and Resident Phy�cians
EFFECTIVE DATE: Date of Employment - Date of Termination
This is to advise you that the Board of Regents of Texas Tech University has approved a Plan for
Professional Medical Malpractice Self-Insurance, pursuant to the authority granted by TEx. EDUC.
CoDEANN. §59.02 (Vernon Supp. 1994), providing full-time medical doctors,doctors of osteopathy,
oral surgeons, student health doctors, podiatrists, interns, residents, fellows and medical students
of Texas Tech University Health Sciences Center with medical professional liability protection in the
following amounts, unless lower liability limits are set by law, in which case the lower limits
set by law shall apply.
Occurrence Coverage
Category
Per Claim Aggregate per Partici ant
Faculty Physician $400,000.00 $1,200,000.00
Resident or Fellow 100,000.00 300,000.00
Student 25,000.00 75,000.00
The limits of liability set out above were approved by the Board of Regents of Texas Tech University
Health Sciences Center on August 2, 1985,effective September 1, 1985. This schedule applies only
to causes of action arising from incidents or actions occurring on or after September 1, 1985.
The Self-Insurance Plan's liability is limited to the lesser of the individual physician's(s) coverage
or$1,000,000 per incident for claims filed prior to September 1, 2003 or $300,000 per incident for
claims filed after September 1, 2003.
Conditions for participation are described in the text of the plan which is available to you in the
handbook. Among the conditions for participation are the following:
1) Coverage as stated above shall commence on the effective date shown
above and shall cease on the day when employment with, or assignment to,
Texas Tech University Health Sciences Center is terminated;
i
3601 4th SLTeet STOP 6237 1 Lubbock,Texas 79430.6237 1 T 806.743.9921 1 F 806.743.9925
An EEO/Afficmadvc Action Institution
I
2) Coverage shall extend to all duly authorized off-6 us
assignments; t�
3) Coverage for"moonlighting" under the Plan is excludei#pd;
4) It is mandatory that the insured, upon becoming aware of any irj } y, actual
or alleged,whether by direct knowledge or written notification thereof, shall
advise their department chairperson, who in turn shall notify the
Dean/Associate Dean for appropriate contact with Texas Tech
University/Texas Tech University Health Sciences Center Office of General
Counsel (refer to Professional Medical Malpractice Self-insurance
Handbook).
This Certificate is Intended only for your immediate information, being only the advice that
such protection has been effected subjectto the particular terms,conditions and limitations
of the approved Plan of Self-Insurance and the interpretation thereof by the Board of
Regents or its authorized representative.
Kent R. Hance, Chancellor
Texas Tech University System
PattdrWpbell
Vice Chancellor and General Counsel
Authentication
This is to certify that this, a true and correct copy which witness my hand and seal on this 28th day
of November 2011, was provided to: Bryce McGregor, MBA, Asst. Dean for Administration, Office
of the Dean, School of Medicine and Exec. Vice President and Provost, TTUHSC.
.Joanna Harkey
Director, Professional Liabi t Division
ASKEY d.I.�EGH
py W g�q�res X2414
rooTnAy W TaouT 550 Ashley Leg6h, Notary Public in and for the
State of Texas
Attachment for Certificate of Self-Insurance
Richard Winn, M.D.
Vipul Desai, M.D.
Brian Temple, M.D.
2 fellows to be chosen at a later date
12276-0
Resolution No. 2011—RO534
INFECTIOUS DISEASE FELLOWSHIP CLINICAL ROTATION AGREEMENT
This is a Clinical Rotation Agreement between the CITY OF LUBBOCK, acting by and
through its Health Department (COLHD), and THE TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER DEPARTMENT OF INTERNAL MEDICINE
INFECTIOUS DISEASE PROGRAM (Program).
CLINICAL ROTATION — The City of Lubbock agrees to allow the Fellows of the
Infectious Disease Program access to its clinic facilities, specifically, the City of
Lubbock Health Department Sexually Transmitted Disease Clinic (COLHD STD
Clinic), subject to approval by the City Council of the City of Lubbock.
PROGRAM OUTLINE:
1. Supervision — Richard E. Winn, MD, Program Director in Infectious Diseases
(ID) has overall responsibility for management of the Infectious Diseases
Fellowship program and for compliance with the various institutional regulations
of the TTUHSC and the Accreditation Council for Graduate Medical Education
regulations. Fellows of the Infectious Disease Program shall participate in clinical
services under the medical and teaching supervision of the Program Director and
faculty in Infectious Diseases Division of TTUHSC and the day-to-day
administrative and clinical supervision of the COLHD STD Clinic nursing staff.
When ID Fellows rotate through COLHD STD Clinic, they will be supervised by
the physicians on the following rotations:
ID Consult Service—Faculty Division of Infectious Diseases
At all times, patient care will remain the responsibility of, and under the
supervision and control of, the COLHD STD Clinic staff.
2. Educational Goals and Objectives — COLHD STD Clinic provides ID Fellows
with their ancillary outpatient teaching site in sexually transmitted infections. This
site includes patients of Lubbock County and the City of Lubbock. It also
provides expertise in management and laboratory correlations through clinical
service. The patient population at the COLHD STD Clinic is diverse and ID
problems range from simple acute medical problems to very complicated medical
problems with acute exacerbations related to STD's including syphilis, herpes,
gonorrhea, chlamydia and HIV. The ID Fellows will have the opportunity to
enhance their clinical skills, increase their clinical experience, and enhance their
clinical judgment in managing infections by serving at the COLHD STD Clinic
under appropriate supervision. In addition, they will have the opportunity to
observe a public health department.
3. Period of Assignment — ID Fellows will rotate through the COLHD STD Clinic
for one half-day clinic per week during their first year of fellowship. In the second
12276-0
year of training, Fellows additionally may have exposure to training throughout
the year.
4. Evaluations — During COLHD STD Clinic rotations, ID faculty members and/or
COLHD personnel will be responsible for the evaluation of Fellows. The Division
of ID maintains a master file for each Fellow. The master file may not contain
individually identifiable health information regarding patients of the COLHD
STD Clinic.
5. Policies—The policies of the TTUHSC Graduate Medical Education program, the
policies of the Department of Internal Medicine, and the policies of the COLHD
will apply to Fellows at the COLHD STD Clinic. University Medical Center
provides for salary and benefits through a master coordinating agreement with
Texas Tech University Health Sciences Center. The Fellows' salary will not be
provided by the City of Lubbock. During this clinical experience Fellows will
attend their Continuity of Care clinic at Texas Tech University Health Sciences
Center each week and will be expected to attend department conferences as
scheduled.
6. Liability and Workers Compensation Insurance / Waiver of Subrogation —
TTUHSC warrants that Fellows are covered under the Texas Tech University
Health Sciences Center professional liability insurance plan. TTUHSC further
warrants that Fellows are covered under the Texas Tech University Health
Sciences Center workers compensation insurance plan (See attached Certificate
of Self Insurance). To the extent allowed by law, TTUHSC waives its right to
subrogation as it relates to any workers compensation claim by a Fellow.
NO EMPLOYER/EMPLOYEE RELATIONSHIP CREATED - The parties agree and
acknowledge that a Fellow of the Program is an uncompensated independent contractor
and shall not be an employee of the City of Lubbock or the COLHD, and that a Fellow of
the Program shall have no power to bind the City of Lubbock or the COLHD in any legal
contract or in any other way without prior written consent of the City.
FUNDING - This Agreement does not obligate any expenditure of funds by the City of
Lubbock. Program has been advised and understands that no specific funding for this
Agreement is contained in the City's annual budget. Furthermore, Program understands
and agrees that, should the City Council fail to approve a budget for the City which
includes sufficient funds for the continuance of this Agreement, or should the City fail to
certify funds for the continuance of this Agreement for any reason, then and upon the
occurrence of such event, this Agreement shall terminate and the City shall then have no
further obligation to Program.
NO WAIVER OF IMMUNITY - THE PARTIES EXPRESSLY AGREE THAT NO
PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO
CONSTITUTE A WAIVER BY EITHER PARTY OF ANY IMMUNITIES FROM
12276-0
SUIT OR LIABILITY THAT EITHER PARTY MAY HAVE BY OPERATION OF
LAW. THE PARTIES RETAIN ALL GOVERNMENTAL IMMUNITIES.
NO INDEMNIFICATION - Each Party to this Agreement shall be responsible for the
acts or failure to act of its own employees, agents or servants, provided however, such
responsibility shall be subject to the terms, provisions and limitations of the Constitution
and laws of the State of Texas, particularly the Texas Tort Claims Act. To the extent that
any amendment or attachment to this Agreement requires one Party to indemnify the
other, or any third party, the same shall be of no force and effect. It is expressly
understood and agreed between the parties that the City is not obligated or liable under
this Agreement to any party other than Program. It is expressly understood and agreed
between the parties that the Program is not obligated or liable under this Agreement to
any party other than the City.
NO THIRD PARTY BENEFICIARIES - This Agreement is entered solely by and
between, and may be enforced only by, Program and City. This Agreement shall not be
deemed to create any rights in or obligations to any third parties.
NO JOINT ENTERPRISE - This Agreement is not intended to, and shall not be
construed to, create any joint venture or joint enterprise between or among the parties.
NO PERSONAL LIABILITY - Nothing in this Agreement is construed as creating any
personal liability on the part of any employee, officer or agent of any public body that
may be a party to this Agreement.
SEVERABILITY - The provisions of this Agreement are severable. If any provision of
this Agreement or its application to any person or circumstance is ever held by any court
of competent jurisdiction to be invalid for any reason, the remainder of this Agreement
and the application of such provision or part of this Agreement to other persons or
circumstances shall not be affected.
AGREEMENT IS PUBLIC INFORMATION - This Agreement is public information.
To the extent, if any, that any provision of this Agreement is in conflict with Tex. Gov't.
Code Ann. Chapter 552 et seq., as amended (the "Texas Public Information Act") the
same shall be of no force and effect.
PATIENT CONFIDENTIALITY -The Program and its Fellows agree not to disclose or
reveal any confidential information regarding the COLHD STD Clinic patients to any
third party without receiving the express written consent of the patient.
HIPAA COMPLIANCE - The Program and its Students/Fellows agree to comply with
the applicable provisions of the Administrative Simplification section of the Health
Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. § 1320(d)
("HIPAA"), and the requirements of any regulations promulgated thereunder, including
without limitation the federal privacy regulations as contained in 45 C.F.R. Part 142 (the
"Federal Security Regulations".) The Program agrees not to use or further disclose any
12276-0
protected health information, as defined in 45 C.F.R. § 164.504, or individually
identifiable health information, as defined in 42 U.S.C. § 1320(d) (coIIectively referred to
as "Protected Health Information"), concerning a patient, other than as permitted by this
Agreement and the requirements of HIPAA or the Federal Security Regulations. The
Program will promptly report to the COLHD, in writing, any use or disclosure of a
patient's Protected Health Information in violation of HIPAA or the Federal Security
Regulations of which the Program becomes aware. Notwithstanding the forgoing, no
attorney-client, attorney work product, accountant-client, doctor-patient or other legal
privilege shall be deemed waived by the Observing Program or the COLHD by virtue of
any provision of this Agreement.
TERM - This Agreement made this .3 + day of fl'EC- , 2011 may be continued by
mutual agreement by both parties from year to year for a maximum of four additional
one-year terms. Terms may be (1) renegotiated, or (2) tenninated, by either party upon
thirty (30) days written notice to the other party.
CITY OF LUBBOCK: TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER
BY: � A44
BY: ,
Tom Nfaritin, Mayor
.NAME: Elmo M. Cavin
TITLE: Executive Vice President
DATE: December 1, 2011 DATE: d
ATTEST:
BY:
Becky Garza, City Secreta
APPROVED AS TO CONTENT:
Bridget Faulkenberry,
City of Lubbock Health Director
APPROVED O
J ce
sist t Ci ttorn y
Q:ICCDJQCSIMOU-Clinical Observation Agreement(Infectious Disease Fellowship)A(FINAL)12.1.201 l.doc