11.2.1
Generally, these agreements do not provide for monetary compensation
to either the University, the other party or to any student; however, the
form agreement can be modified if any payment is to be made.
11.2.2
Health Records and Insurance
The University may provide health records of students
(and faculty, if necessary) upon request by the Affiliate. Note: The
University must give students/faculty prior written notice that they will be
required by the Affiliate to obtain and provide health records in order to
participate in clinical experience. The
Affiliate may also require written evidence of professional liability
insurance coverage from individual students (and faculty) participating in
the experience. The University may give notice of the minimum amount of
coverage that is required by the Affiliate of the students/faculty and that
this coverage is required during the term of the student's/faculty’s
assignment at the clinical Facility.
11.2.3
Background Checks (faculty/staff and/or students).
If
criminal background checks of students are required by the Affiliate, the
University shall notify students of this requirement prior to enrollment in
the program or as soon as the requirement is known.
Students will be informed by the University that the check must be
completed within the 90 day period immediately prior to the student’s
initial clinical placement. It
shall be the student’s responsibility to make timely arrangements for the
background check and to pay all costs associated with such checks.
If criminal background checks are required for University faculty or
staff, it shall be the University’s responsibility to arrange for the
background check, to pay all costs associated with such checks and to
provide the results to the Affiliate.
It
shall be the responsibility of Affiliate to set the eligibility standards
for participation and to evaluate the results of the background checks.
If Affiliate determines that a student or faculty /staff member shall
not participate at its facility, Affiliate shall so notify that individual
and the University. University
shall take steps to ensure that this individual does not participate in the
clinical program at the Affiliate.
If a University faculty/staff member is also an
employee of Affiliate or is an employee at another hospital, health care
facility or health care organization, Affiliate will allow the faculty/staff
member to provide on-site supervision and instruction for its clinical
program without the necessity of undergoing an additional background check.
Recognizing
that students enrolled in the applicable clinical program at the University
will potentially participate in multiple clinical placements at multiple
facilities, Affiliate agrees to accept the results of the background check
done prior to the student’s initial clinical placement if the student
maintains continuous enrollment in the health care program and if the
results of the background check are archived by the background check agency.
University
shall inform students or faculty/staff members excluded from clinical
placement on the basis of a criminal background check of any review or
appeal process available pursuant to the Fair Credit Reporting Act or any
other law or policy, if any.
University may agree to language in clinical
agreements regarding background checks in accordance with the guidance set
out in this Section.
11.2.4
HIPAA Compliance.
The University is not a business associate of the
clinical Affiliates to which students are assigned for clinical experience;
nor, under HIPAA, is a member of the Affiliate’s workforce a business
associate. For
purposes of HIPAA, students are trainees and are, by definition, considered
to be the “workforce” of the Affiliate.
Therefore, entering into business associate agreements is not
appropriate (at the same time, it should be noted that students are
employees of neither the University nor the Affiliate).
Note – although HIPAA language is included in the
form contract as the second and third paragraph of II. E.1., this HIPAA
language may be omitted upon the request of the Affiliate.
However, no HIPAA language which differs in substance may be included
in the agreement without prior review by the Office of the General Counsel.
11.2.5
Agreements which comply with these guidelines and which do not
deviate in substance from the attached standard agreement may be executed by
the University and should not be submitted to the TBR Central Office for
approval. In addition,
agreements previously approved by the TBR Central Office may be renewed
without TBR Central Office approval if no substantive changes are made.
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