USVI Public Records

Document text

23rd August 23 G040DOHT23 G040DOHT23 G040DOHT23 G040DOHT23 OPCMR infection control training criteria as stated below. College may provide Healthcare Provider with the health care files of the College's Trainees upon Healthcare Provider's written request, and shall not unnecessarily withhold such requested information. (i) Responsibility for Damages. College is responsible for all damages to Healthcare Provider property, premises, equipment or supplies that may occur as the result of the College's Trainees' or faculty's participation in the program. College will disclose to all Trainees: (j) Their eligibility for New York and national certification and licensing in the field of Physician Assistant, under current regulations; 1. Any proposed or pending changes or limitations to such certification, licensing or eligibility requirements; ii. Any risk to, or limitations on graduate Trainees' certification, licensing, or eligibility requirements related to the Program. (k) Remuneration. i. College's Trainees and faculty are not servants, contractors, agents or employees of Healthcare Provider. College's Trainees and faculty are not entitled to any remuneration from Healthcare Provider, or to any benefits, including disability benefits or any other rights and benefits normally afforded to employees of Healthcare Provider. ii. College will provide payment of seven hundred fifty dollars and zero cents ($750.00) per student, per rotation. Clinical rotations are five (5) weeks long. iii. Payment will be made twenty (20) working days after rotation ends. iv. Funds will be submitted to: Virgin Islands Department of Health Charles Harwood Medical Complex 3500 Estate Richmond, Christiansted St. Croix, VI 00820 Attention: Janis Valmond, MS, DrPH, CHES Deputy Commissioner, Health Promotion & Disease Prevention (I) Federal Health Care Program Compliance Exclusion. 1. The College certifies that it is not excluded from participation in a Federal or State Health Care Program. 11. The College certifies that it is not under investigation by any county, state, or federal agency or entity. In addition, the College will infonn Healthcare Provider 5 General Contract No. Initials: C ft::- G040DOHT23 OPCMR immediately in the event the College becomes the subject or target of any such investigation. m. The College warrants that it complies with all applicable county, state, and federal provisions. Furthennore, the College maintains an internal compliance program to ensure that its activities comply with all governmental and other regulations and provisions. As part of this compliance program, the College conducts bi-annual screenings of federal and state sanction lists of Excluded Individuals/Entities to ensure that its officers, directors, employees, contractors, and those entities with whom the College intends to do business have not been excluded or debarred. College will immediately notify Healthcare Provider in the event that the College finds that one of its officers, directors, employees, or contractors is excluded from participation in a Federal or State Health Care Program. College will indemnify Healthcare Provider for any claims, judgments, overpayments or expenses arising from such exclusion. (m) Laws and Regulations Regarding Bloodborne Pathogens and Tuberculosis. College shall comply with all applicable local, state, and federal laws, including the OSHA regulations regarding bloodborne pathogens and Tuberculosis as follows: i. Have a written Exposure Control Plan, which identifies categories of classification by risk of occupational exposure to bloodborne pathogens and tuberculosis and defines the training of Trainees in the policies and procedures contained in the Exposure Control Plan; and 11. Provide Healthcare Provider with a copy of Exposure Control Plan upon request. (n) Confidentiality and Disclosure. College shall require its Trainees to respect the confidential nature of all medical information relating to patients. 1. College shall ensure and submit evidence to Healthcare Provider that its Trainees have been informed of the need to comply with all applicable laws, rules, and regulations governing confidentiality, disclosure, and re-disclosure requirements of the federal, state, and local laws, rules and regulations, and the standards of the Joint Commission, including but not limited to those provisions concerning HIV/AIDS-related information. ii. In accordance with the Family Educational Rights and Privacy Act of 1974 ("FERP A"), Healthcare Provider will not permit unauthorized disclosure of any Trainee's educational records. (o) In-service Education. College shall provide initial and annual in-service education to faculty and Trainees which meets the mandatory standards set by applicable state boards and accrediting and regulatory agencies such as the Joint Commission, the Centers for Disease Control (CDC), and OSHA, including: the confidentiality requirements 6 General Contract No. ______ _ Initials: G040DOHT23 OPCMR surrounding HIV-related information in accordance with the relevant laws and regulations, and infection control training, including required training under federal OSHA Bloodbome Pathogen and Tuberculosis Regulations. Training shall include making accessible a copy of the regulatory text of this standard and explanation of its contents, general discussion on bloodbome diseases and tuberculosis and their transmission, the Exposure Control Plan, engineering and work practice controls, Personal Protective Equipment (PPE), hepatitis and vaccine, response to emergencies involving blood, Exposure Incidents and Post-Exposure evaluation, and follow-up program. College shall provide Healthcare Provider with a copy of each Trainee's documented training upon request. (p) Trainee Instruction and Supervision. College's Clinical Coordinator shall have access to Healthcare Provider's facility and records for the sole purpose of general supervision and training of its Trainees, to ensure that the academic preparation of the Trainees rotating to Healthcare Provider is in keeping with the objectives and requirements of the program, and t o maintain accurate records of those participating in the program. The College's Clinical Coordinator or designee and Trainees may not be in patient areas of Healthcare Provider at hours other than those specifically agreed to by Healthcare Provider. In addition, Trainees may not perform any clinical services or activities at Healthcare Provider unless accompanied by or in the presence of authorized Healthcare Provider personnel. (q) Trainee Evaluations. College shall require its Trainees to evaluate clinical education and training at Healthcare Provider using forms provided by College and/or Healthcare Provider, which shall be submitted to the Healthcare Provider annually for their records. (r) Trainee Identification. College shall assure that each Trainee carries an identification card issued by Healthcare Provider and that each Trainee conspicuously displays his/her name badge when engaging in activities at Healthcare Provider. 3.3 Each Trainee shall have: 1. Had a physical examination and health history or annual health assessment within the past year to make certain that the Trainee does not have a health impairment that is a potential risk to patients or may interfere with the performance of his/her duties, including the habituation or addiction to depressants, stimulants, narcotics, alcohol or other drugs or substances which may alter the individual's behavior; 11. Certification of immunity (documented titers) or evidence of a medical contraindication for immunization: measles, rubella, and varicella; m. PPD skin test within one ( l ) year to be reported in mm of induration; 1v. Chest X-Ray if PPD is equal to or greater than five- (5) mm induration and dated after this PPD; 7 General Contract No. ______ _ G040DOHT23 OPCMR -v. The necessary lab tests required under the New York State Health Code (10 NYCRR 405.3) as well as Hepatitis B surface antigen and antibody lab test taken within one ( 1 ) year; v1. Medical clearance to wear a Technol N95 particulate filter respirator and evidence of fit testing; vii. Been offered Hepatitis B vaccine if not immune and a signed declination in the Occupational Safety and Health Administration ("OSHA") language if participant refuses Hepatitis B vaccine; and W. Been followed up with in the event that the Trainee had been exposed to bloodbome pathogens. 3.4 Other Provisions (a) Remedies. Healthcare Provider and College shall have all rights and remedies available at law or in equity and these right and remedies are not in lieu of or in limitation of the parties' other rights and remedies under this Agreement. Remedies available at law or in equity are cumulative and may be exercised to the extent permitted by the law of the controlling jurisdiction, successively or concurrently. The exercise of the one right or remedy does not bar the exercise of another available right or remedy. A party's failure to exercise or delay in exercising, any right or remedy at law or in equity, is not a waiver of the right or remedy. In addition, a party may elect to exercise any partial or full remedy provided by the Agreement without waiving any other right or remedy. (b) Compliance with Laws. (b I) Each of the parties hereby represents and warrants that, to the best of its knowledge and understanding, all obligations pertaining to and benefits derived under this Agreement are in full compliance with all applicable federal, state, local, and applicable credentialing bodies, laws, rules and regulations ("Applicable Laws"), as they exist now, and as they may be amended from time to time, including but not limited to: i. All laws, rules and regulations pertaining to Medicare, Medicaid, other federally funded State entitlement programs promulgated by the United States Department of Health and Human Services, including its Office of the Inspector General and the Centers for Medicare and Medicaid Service, and 11. All rules, regulations and standards promulgated by the Joint Commission. (b2) Each party covenants and agrees to maintain compliance with all Applicable Laws as presently existing and as hereafter amended, throughout the Term of this Agreement, and to use its best efforts to notify the other party of any change in the Applicable Laws of which it becomes aware that may affect the obligations of either party under this 8 General Contract No. ______ _ Initials: C.I=- G040DOHT23 OPCMR Agreement. In the event of a violation by either party of the Applicable Laws, or an investigation into an alleged violation, College and Healthcare Provider shall each take all measures necessary to promptly remedy any such violation with the other party and its legal representatives in the investigation and defense of any such claim or action, to the extent that the parties' interests are not adverse to one another. (b3) Trainees shall be assigned to a mutually agreed upon schedule consistent with the policies of the department to which they are assigned and in accordance with any limitations prescribed under applicable law. (c) Confidentiality. Confidential Information. In the course of their relationship, the parties may disclose to each other written or electronically communicated or stored information under this Agreement which they deem confidential, including, without limitation, pricing and sales information and customer names ("Confidential Information"). Accordingly, the parties hereby agree as follows: l) Each party shall not disclose Confidential Information to any other person, firm or corporation (including, without limitation, affiliated corporations and separate business units) except as provided herein and shall use the same degree of care to avoid publication or dissemination of such Confidential Information as they employ with respect to their own information which they do not desire to have published or disseminated. All Confidential Ipformation shall be retained by each party in a secure place with access limited to only such of its employees or agents (including consultants, accountants, and attorneys) who need to know such information for purposes of this Agreement and each of the foregoing persons shall be informed of the existence and terms of this Section and each party hereby acknowledges and agrees that it shall be liable to the other for any breach by its employees or agents; and 2) Each party shall not use any Confidential Information in connection with its own marketing or product pricing or other internal purposes except to the necessary to fulfill its obligations under this Agreement; and 3) Each party shall not solicit or market any product to any of the other party's customers based upon information provided to it by the other party (whether by customer list, customer registration or otherwise); and 4) At the conclusion of this relationship or upon demand by the other party, all Confidential Information, including marketing documents, other written notes, diagrams, memoranda, or notes taken by each party regarding Confidential Infonnation, shall be returned to the other party or, at the request of the other party, destroyed. The term "Confidential Information" shall not include, and each party shall have no obligation with respect to, any information which: 9 General Contract No. ______ _ Initials: CF- G040DOHT23 i. Is already known to it; or OPCMR ii. Is or becomes publicly known through no wrongful act of it; or iii. Is rightfully received from a third party without restriction and without breach of this Agreement; or 1v. Is independently developed by it; or v. Is approved for release by written authorization of the other party. 5) The parties may disclose any Confidential Information received hereunder pursuant to any applicable law, regulation or court order, provided that such disclosure shall be limited to the minimum acceptable level of disclosure and that the party required to disclose such information shall immediately notify the other party of the imminent disclosure and reasonably cooperate to minimize or prevent such disclosure to the maximum extent allowed under applicable law, regulation or court order. Each party acknowledges that disclosure or improper use of the Confidential Information would cause the other party immediate and irreparable harm. Without limiting the following, each party agrees that the other party shall be entitled to equitable relief in addition to any other remedies available to it. (d) HIPAA Privacy Law. The parties shall treat as private and confidential, in accordance with all applicable federal, state, and local laws, rules and regulations governing the privacy, confidentiality, and disclosure requirements of individually identifiable health infonnation, including, without limitation, the applicable provisions of the Health Insurance Portability and Accountability Act of I 996 and any regulations and official guidance promulgated thereunder (collectively, "HIPAA"),as amended by the Health Information Technology for . Economic and Clinical Health Act (HITECH), all individually identifiable health information used or disclosed pursuant to this Agreement. The parties acknowledge that Healthcare Provider is a covered entity as defined in the privacy regulations promulgated pursuant to HIPAA. To the extent that the College Trainees and faculty have access to protected health information by virtue of their participation in the program at Healthcare Provider, the parties agree that said Trainees and faculty are deemed to be part of Healthcare Provider's workforce solely for HIPAA compliance purposes and subject to policies and procedures governing the use and disclosure of protected health information, as defined in HIP AA, by Healthcare Provider and College staff. The parties agree the sponsorship of the program as contemplated by this agreement does not constitute a business associate agreement under HIP AA. Nothing herein shall be understood as creating an employer-employee relationship between Healthcare Provider and the College, Trainees, and faculty by virtue of this provision. (e) This Agreement shall tenninate immediately if either party fails to maintain in good 10 General Contract No. ------- Initials: CJ!:::.. G040DOHT23 OPCMR standing its licensure, certification, or accreditation governing the operation of its facility. Such party shall immediately inform the other party in writing of a failure to maintain its licensure, certification, or accreditation. (f) If College fails to promptly notify Healthcare Provider that a College officer, director, or employee is excluded from a Federal Health Care Program, is convicted of a health care related felony, suffers a loss or suspension of a provider license, a loss of credentials for stated quality reasons; or the College fails to immediately tenninate such employee from providing services to Healthcare Provider. In the event College, or its employees, agents, representatives, or subcontractors make or receive any payments, loans, gifts, or forms of compensation: (g) Force Majeure. Neither party shall hold the other liable for failure to comply with any of the terms and conditions of this Agreement which failure results from fire, unusually severe weather, labor dispute, strike, war, insurrection, governmental restrictions, epidemics or pandemics or acts of God, beyond the reasonable control of such party; provided that such party failing to comply proceeds with reasonable diligence to cure such failure as promptly as possible. 4. DESIGN A TED REPRESENTATIVE Each Party shall designate a representative to oversee its responsibilities under this MOU. Department of Health designates: Janis Valmond, MS, DrPH, CHES Deputy Commissioner Charles Harwood Medical Complex 3500 Estate Richmond, Christiansted St. Croix, VI 00820 Marist College designates: Marist College Program Director, Physician Assistant Program Allied Health Building 3399 North Road Poughkeepsie, New York 1260 I S. LIABILITY OF OTHERS Nothing in this MOU shall be construed to impose any liability upon the Government to persons, finns, associations, or corporations engaged by Marist College as servants, agents, or independent contractors, or in any other capacity whatsoever, or make Government liable to any such persons, firms associations, or corporations for the acts, omissions, liabilities, obligations and taxes of Marist College of whatsoever nature, including but not limited to unemployment insurance and social security taxes for Marist College, its servants, agents or independent 11 General Contract No. ______ _ Initials: CP-- G040DOHT23 OPCMR contractors. 6. ASSIGNMENT Neither Party shall subcontract or assign any part of the services or responsibilities under this MOU. 7. INDEMNIFICATION Marist College agrees to indemnify, defend and hold harmless Government from and against any and all loss, damage, liability, claims, demands, detriments, cost, charges and expense (including attorney's fees) and causes of action of whatsoever character which Government may incur, sustain or be subjected to, arising out of or in any way connected to the services to be perfonned by Marist College under this MOU and arising from any cause, except the sole negligence of Government. To the extent permitted by applicable law, the Government agrees to indemnify, defend and hold harmless Marist College from and against any and all loss, damage, liability, claims, demands, detriments, cost, charges and expense (including attorney's fees) and causes of action of whatsoever character which Marist College may incur, sustain or be subjected to, arising out of or in any way connected to the services to be performed by the Government under this MOU and arising from any cause, except the sole negligence of Marist College. 8. GOVERNING LAW This MOU shall be governed by the laws of the United States Virgin Islands and jurisdiction shall remain in the United States Virgin Islands. 9. WAIVERS AND AMENDMENTS No waiver, modification or amendment of any term condition or provision of this MOU shall be valid or of any force or effect unless made in writing, signed by the parties hereto or their duly authorized representatives, and specifying with particularity the nature and extent of such waiver, modification or amendment. Any such waiver, modification or amendment in any instance or instances shall in no event be construed to be a general waiver, modification or amendment of any of the terms, conditions or provisions of this MOU, but the same shall be strictly limited and restricted to the extent and occasion specified in such signed writing or writings. 10. ENTIRE AGREEMENT This MOU constitutes the entire agreement of the parties relating to the subject matter addressed in this agreement. This MOU supersedes all prior communications, MOUs, or agreements between the parties with respect to the subject matter addressed in this Agreement, whether written or oral. 12 General Contract No. ------- Initials: -'.f=._ G040DOHT23 OPCMR 11. CONDITION PRECEDENT This MOU shall be subject to the availability and appropriation of funds and to the approval of the Commissioner of the Department of Property and Procurement. 12. TERMINATION Either party will have the right to terminate this MOU with or without cause on ninety (90) days written notice to the other party specifying the date of termination. 13. NON-DISCRIMINATION No person shall be excluded from participating in, be denied the proceeds of or be subject to discrimination in the performance of this MOU on account ofrace, creed, color, sex, religion, disability or national origin. 14. CONFLICT OF INTEREST Both Parties covenant that it has no interest and will not acquire any interest direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this MOU. 15.NOTICE Any notice required to be given by the Terms of this MO. shall be deemed to have been given when the same is sent by certified mail, postage prepaid or personally delivered, addressed to the parties as follows: Lisa M. Alejandro Commissioner Nominee Department of Property and Procurement 820 I Sub Base, Suite 4 St. Thomas Virgin Islands 00802 Justa E. Encarnacion, RN, BSN, MB · HCM Commissioner Department of Health 1303 Hospital Ground-Suite 10 St. Thomas, VI 00802 Catherine Kodat Provost and Dean of Faculty Marist College Allied Health Building 3399 North Road Poughkeepsie, New York 12601 13 General Contract No. ______ _ Initials: G040DOHT23 16. INSURANCE OPCMR Marist College shall maintain the following insurance coverages during the term of this MOU (a) COMMERCIAL GENERAL LIABILITY: Commercial general liability insurance, in a form acceptable to the Government, on a "per occurrence" basis with a minimum limit of not less than one million dollars ($1,000,000.00) for any one person per occurrence for death or personal injury and one million dollars ($1,000,000.00) for any one occurrence for property damage. Insurance policy(ies) shall name the Government of the Virgin Islands as the certificate holder and additional insured via an endorsement. (b) PROFESSIONAL LIABILITY: Professional liability insurance, in a form acceptable to the Government, which covers the services being performed under this Contract, with policy limits of not less than one million dollars ($1,000,000.00) per claim. The Government shall be listed thereon as a certificate holder. (c) WORKERS' COMPENSATION: Contractor shall supply current coverage under the Government Insurance Fund or other form of coverage. 17. FASCIMILE, ELECTRONIC & DIGITAL SIGNATURES A facsimile, electronic or digital signature on this Contract shall be deemed an original and binding upon the Parties hereto. (SPACE INTENTIONALLY LEFT BLANK) 14 General Contract No. ______ _ Initials: G040DOHT23 8/23/2023 Designee G040DOHT23