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HomeMy WebLinkAboutResolution - 2017-R0012 - Clinical Rotation Agreement With TTUHSC Internal Medicine Infectious Disease - 01/12/2017Resolution No.2017-R0012 Item No.6.15 January 12,2017 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 Clinical Rotation Agreement ("'Agreement")by and between the City of Lubbock and Texas Tech University Health Science Center Department of Internal Medicine Infectious Disease Program ("Program")regarding clinical rotation participation by the Fellows of the Program and allowing Fellows of the Program access to the City of Lubbock Health Department Sexually Transmitted Disease Clinic and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 12,2017 . DANIEL M.POPE,MAYOR ATTEST: jtMtc^<-k=r Rebedca Garza, City Secreta APPROVED AS TO CONTENT: akmJiMM^ Katherine Wells,Director of Public Health APPROVED AS TO FORM: Ryan Brooke,Assistant City Attorney ccdocs/RES.TTUHSC Clinical Rotation Agreement 12.14.16 Resolution No. 2017-R0012 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 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 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. NON -ARBITRATION - The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 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 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) (collectively 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 12th day of January, 2017 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) terminated, by either party upon thirty (30) days written notice to the other party. CITY OF LUBBOCK: BY: Daniel M. Pope, Mayor DATE: January 12, 2017 TEXAS TECH UNIVER TY HEALTH ENCES ClTE] BY: r�-- ►IEN= TITLE: 406f QiSPIrSP Tt�c Nsc- L/Iu �6�C/� DATE: l02 113 /ll� ATTEST: BY: Becky Gar , City Secretary APPRO D AS TO CONTENT: � 114pff-D a enne ells, City of Lubbock Health Director APPROVED AS TO FORM: R oke Assi t City Attorney t Q.NCCDOCS\MOU - Clinical Observation Agreement -1D Fellowship (DRAFT) 12.7.2016.doe