HomeMy WebLinkAboutC15-360 University of Cincinnati College of Nursing 1(Yfl UNIVERSITY OF CINCINNATI ON BEHALF OF THE COLLEGE OF NURSING DISTANCE LEARNING EDUCATIONAL AFFILIATION AGREEMENT THIS AGREEMENT, entered into between the UNIVERSITY OF CINCINNATI on behalf of the College of Nursing, hereinafter referred to as the "School," and Eagle County, Colorado, a body corporate and politic hereinafter referred to as the "Agency," shall govern the use of the Agency's facilities by the faculty and students of the School. WHEREAS, it is to the mutual benefit of the Agency and the School to cooperate in educational programs using the facilities of the Agency, and WHEREAS, it is in the best interests of the parties to jointly plan for the organization, administration and operation of the educational programs, NOW, THEREFORE, in consideration of the mutual covenants by each party to be kept and performed, it is agreed as follows: ARTICLE I - SCHOOL RESPONSIBILITIES A. The School agrees to assign only students who are in good standing and for whom the School has on record: (1) documentation that the student is free of communicable diseases, including results of a 2- step Mantoux tuberculin test; (2) current immunizations; and (3) evidence of at least basic life support certification in cardiopulmonary resuscitation. The certification card must show inclusive dates. B. Students of the School will not be reimbursed for services rendered to the Agency during the course of the educational program and will not be considered as employees of the Agency while participating in the program._The students participating in the program will not be considered employees or agents of the Agency for any purpose. Students will not be entitled to receive any compensation from Agency or any benefits of employment from Agency, including but not limited to, health care or workers' compensation benefits, vacation, sick time, or any other benefit of employment, direct or indirect. Agency will not be required to purchase any form of insurance for the benefit or protection of any student of the School. C. The standards and philosophy of education, the instruction, and preparation of all instructional schedules and plans, including hours of clinical experience, shall be the (06/11 CN-Revised) Page 1 G5-^3c0D responsibility of the School. These standards and plans shall be made available to the authorized Agency personnel. D. The School shall insure the School and its employees, students, agents and volunteers while acting on the School's behalf through a comprehensive program of self- insurance for professional and general liability. Evidence of this insurance shall be provided to the agency and attached hereto as Exhibit A and incorporated herein by reference. If employees of the School will be in the Agency with students during the affiliation experience, the School shall provide, upon request, evidence of Workers' Compensation insurance covering its employees. E. The School shall make all reasonable effort to assure that the students comply with the Agency policies and procedures; provided, that the Agency first orients the School's students in such policies and procedures. F. The School shall inform students that Agency requires access to students' education, training, prior experience, levels of competency and such other information. The School shall make reasonable efforts to obtain from students authorization to release such records. G. The School shall ensure that all students involved in the educational program at the Agency will receive training regarding the privacy rules of the Health Insurance Portability and Accountability Act(HIPAA)prior to entering the facilities of the Agency. The School will present proof of such training to the Agency upon request. The School agrees to maintain the confidentiality of patient information pursuant to the Health Insurance Portability and Accountability Act (HIPPA). H. Conducting criminal background checks on students assigned to Agency: (1) If requested by Agency, student shall be responsible for completion of a criminal background check conforming to specific criteria Agency provides to School. The student will submit the results of the criminal background check to School. (2) Upon receipt of the student's criminal background check results, School will: a. provide the results of the criminal background check to Agency after School obtains Student's consent to do so, or b. compare the criminal background check results against a list,provided by Agency, of specific crimes that would prevent a student from being placed with Agency. School will not send to the Agency any student whose criminal background check shows the student has been convicted of, pled guilty to, or pled no contest to any crime on the (06/11 CN-Revised) Page 2 provided list. If the University has any question regarding whether a crime listed on a student's criminal background check would prevent the student from working in the Agency, the background check will be submitted to the Agency for its review after the University obtains student's consent to do so. I. The School will be responsible for the acts and omissions of its employees and agents arising hereunder. The School maintains a comprehensive program of self-insurance and commercially purchased insurance, covering property, casualty and liability exposures to the School and its employees, agents and volunteers, while acting on the School's behalf. ARTICLE II-AGENCY RESPONSIBILITIES A. The Agency controls the Agency's administrative and professional operations and the direct or indirect care of the Agency's patients. B. The School shall be informed regarding changes in clinical facilities, which may affect the clinical experience of the School's students. C. The School shall require all participating students to provide proof of health insurance. The Agency shall ensure emergency care is provided to students for any accident, injury or illness. The student's health insurance shall be billed for any emergency service, and the balance billed to the student. Responsibility for follow-up care remains the responsibility of the student. D. The Agency shall provide information regarding each student's performance in the clinical setting if so requested by the School. E. When in the opinion of the Agency, a student's conduct or performance adversely affects patient care, disrupts the operations of the Agency, or violates the policies and procedures of the Agency, the Agency shall notify the School in writing. The Agency shall have full discretion in determining whether the student should be removed from the clinical rotation at the Agency. F. The Agency shall provide access at reasonable times and with reasonable advance notice to representatives of the School and to representatives of the School's accrediting bodies. (06/11 CN-Revised) Page 3 G. The Agency acknowledges that information embodied in student education records is protected from disclosure pursuant to the Federal Family Education and Privacy Rights Act (FERPA), 20 U.S.C. § 1232(g) and agrees to abide by its provisions. H. The Agency shall insure itself and its employees through a fiscally sound program of self- insurance or commercial insurance or a combination thereof, for professional and general liability. ARTICLE III-JOINT RESPONSIBILITIES A. Both the Agency and the School shall designate liaison personnel to assure systematic planning and the exchange of information regarding the students' clinical experience. B. The School and the Agency agree that, in the event that either becomes aware of a claim asserted by any person arising out of this agreement or any activity carried out under this agreement, the parties shall cooperate in defending the claim, securing evidence and obtaining the cooperation of witnesses. C. The maximum number of students assigned to the Agency during any instructional period shall be established by mutual agreement thirty(30) days in advance of any student's clinical affiliation with the Agency. The Agency reserves the right to limit the number of students it accepts for affiliation. D. When Agency staff serve as preceptors supervising students' clinical experiences the preceptors: 1) May not supervise more than two students at any one time and 2) implements the clinical education plan at the direction of a faculty member participating in the course in which the student is enrolled. Preceptors and roles and responsibilities of the preceptors and faculty are mutually agreed upon by the agency and the college. E. Where areas of difference exist or occur in rules, regulations, or questions of nursing, clinical, medical or other Agency practices, the Agency rules, regulation or practices shall prevail and such conflict shall be referred to School and Agency liaison personnel. F. The parties agree that there shall be no discrimination based on race, color, religion, national origin, sex, sex orientation, age, physical or mental handicap or status as a disabled veteran or veteran of the Vietnam era. G. This agreement shall become effective upon which the agreement is executed, and shall continue in effect for one year from the effective date with the understanding that this agreement may be reviewed annually and revised, if necessary. The contract can be 4+4-4,1 terminated at the will of either party hereto upon giving the other party no less than rtmotaye (30) days written notice of the party's intention to terminate. Should notice of termination be given under this Section, students then scheduled to Agency will be permitted to complete any previously scheduled clinical assignment at Agency. (06/11 CN-Revised) Page 4 H. Governmental Immunity. It is specifically understood and agreed that nothing contained in this paragraph or elsewhere in this Agreement will be construed as: an express or implied waiver by the Agency of its governmental immunity or of the governmental immunity of the State of Colorado; an express or implied acceptance by the Agency of liabilities arising as a result of actions which lie in tort or could lie in tort in excess of the liabilities allowable under the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq.; a pledge of the full faith and credit of a debtor contract; or, as the assumption by the Agency of a debt, contract, or liability of the Agency as applicable in violation of the Constitution of Colorado. I. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be construed and interpreted under the laws of a state of competent jurisdiction in that state's courts having jurisdiction over the parties and the subject matter. ARTICLE IV-NOTICES Notice to School shall be in writing and sent by United States regular mail, postage prepaid, to: Clinical Site Coordinator University of Cincinnati College of Nursing 3110 Vine Street Cincinnati, OH 45221-0038 Notice to Agency shall be in writing and sent by United States regular mail, postage prepaid, to: Eagle County, Colorado Attn: Jennie Wahrer 500 Broadway P.O. Box 850 Eagle, CO 81631 [SIGNATURE PAGE FOLLOWS.] (06/11 CN-Revised) Page 5 IN WITNESS WHEREOF, we have hereunto set our hands. UNIVERSIT OF CINCI NATI By: /a A LA a ren •un er Name: Assistant General Counsel Assistant Contracting Officer Title: Date: i Eagle County, Colorado, a body corporate and politic AGENCY By: ill By: Name: Brent McFall Name: Title: County Manager Title: Date: Ve / Date: (06/11 CN-Revised) Page 6 : Office of Risk Management and Insurance UNIVERSITY OF University of Cincinnati PO Box 670785 Cincinnati Cincinnati,OH 45221-0785 118 Mont Reid Pavilion (513)584-5042 (513)584-5559 Fax January 13, 2015 To Whom It May Concern: RE: Insurance Verification The University of Cincinnati, through its Office of Risk Management and Insurance, maintains a comprehensive program of self-insurance and commercially purchased insurance, covering property, casualty and liability exposures to the University and its employees, agents, and volunteers, while acting on the University's behalf. Students are covered under this program for Professional (patient care) liability only, while engaged in clinical rotations at the request or direction of the University through a health care education program and for General Liability while engaged in internships, for liabilities arising within the scope of those internships. The primary level of insurance for general and professional (patient care) liability is provided through a self-insurance program, consisting of trust funds maintained by an independent trustee and actuarially supported to liability limits of$100,000 per occurrence for general liability and $4 Million per occurrence for professional liability. The funds financial soundness is reviewed and certified annually by an outside actuarial firm.We also participate in a self-insurance program among several state universities in Ohio for automobile liability and general liability insurance coverage's. In addition, commercially purchased excess insurance is provided above the primary liability insurance coverage's with limits of$15 Million and higher depending on the type of claim. However, because the primary level of coverage is through self- insurance, there is no "Certificate of Insurance"for this coverage, and additional insured parties cannot be named. Worker's Compensation insurance for University employees is provided through the state fund.We have been assigned a "Worker's Compensation Risk Number", however, there is not a "certificate"for that coverage. If there are any further questions, please feel free to contact the University of Cincinnati Office of Risk Management and Insurance at 513-584-5042. Sincerely, A wt-ta ra wL Anita Ingram, ARM, MBA, MTS Assistant VP Chief Risk Officer EXHIBIT An affirmative action/equal opportunity institution A