MEMORIAL HOSPITAL
Renewel of affiliation agreement signing, 1995
WHEREAS
the parties, on December 17, 1975, entered into an Affiliation Agreement
which expires in December 1995; and
WHEREAS
an Affiliation Agreement between the East Carolina University School of
Medicine and the Pitt County Memorial Hospital will continue to provide
for the utilization of the Pitt County Memorial Hospital as the primary
teaching hospital of the School of Medicine, and will thereby render unnecessary
the construction and operation of a separate State-owned teaching hospital
with attendant duplication of facilities and services; and
WHEREAS
an Affiliation between the School of Medicine of East Carolina University
and the Pitt County Memorial Hospital will continue to most advantageously
utilize their combined facilities, professional staff and other resources
to effect their common concern for excellence in community service, patient
care, medical education and research for the residents of Pitt County,
other counties in eastern North Carolina and the State of North Carolina;
and
WHEREAS
the principles of a primary Affiliation of the two parties have in the
past been jointly developed and approved by representatives of the parties
involved; and
WHEREAS
expanded facilities which may be necessitated by the Affiliation Agreement
will permit continuation of the present Hospital policy of providing for
the hospital health care needs of Pitt County residents while expanding
the availability of services to the regions to be served by the Hospital;
and
WHEREAS
it is the objective of both parties that the Affiliation Agreement be
so constructed as to comply with the standards and regulations of the
reviewing and accrediting agencies involved; and
WHEREAS
the parties to this agreement from time to time have entered or may in
the future enter into leases, contracts and/or agreements outside this
Affiliation Agreement which do not violate the spirit of this agreement;
and
WHEREAS
the parties, by mutual agreement, hereby waive a four (4) year notice
to terminate the existing Affiliation Agreement and agree to terminate
same on 31 December, 1994, and make this Affiliation Agreement effective
1 January, 1995.
Now,
therefore, this agreement is made and entered into this 14th day of October,
1994, by and between the Board of Trustees of Pitt County Memorial Hospital,
Incorporated, the Board of Commissioners of Pitt County, the Board of
Trustees of East Carolina University, and the Board of Governors of the
University of North Carolina, as follows:
AREAS
OF RESPONSIBILITY
A. The East Carolina
University School of Medicine shall be operated as a reputable and accredited
school of medicine as prescribed by the laws of the State of North Carolina
and the requirements
of the Liaison Committee on Medical Education (LCME) of the American Association
of Medical Colleges and the American Medical Association. The Board of
Governors
of the University of North Carolina shall retain for its facilities all
jurisdictional powers incident
to separate ownership. The operation of this Agreement as it affects the
School of Medicine shall
be consistent with the policies of the Board of Trustees of east Carolina
University
pursuant to the Board's authority under the laws of North Carolina and
the Code of
the University
of North Carolina and policies and regulations adopted by the Board of
Governors of
The University of North Carolina pursuant to its authority under the Constitution
and laws of the
State of North Carolina.
B. The Hospital Board
shall retain for its facilities all jurisdictional powers incident to
separate ownership, including
the powers to determine general and fiscal policies and to appoint its
administrative officers
and other personnel, under terms of subsequent paragraphs of this agreement.
Teaching and research facilities which are provided by the Hospital Board
shall be fully integrated
with the program of the School of Medicine. The Hospital Board is not
to be understood as intending,
and neither is it the intent of this Agreement, to obligate the Hospital
to engage in any activities,
research or otherwise, beyond those required for accreditation of the
Hospital and this School
of Medicine, and neither is it the present intent of the Hospital Board
to undertake
activities, research or otherwise, which are properly the responsibility
of the School
of Medicine.
C. The Hospital Board
retains final jurisdiction over the administration and the supervision
of its facilities and
over admission of patients and assignments of beds to them, consistent
with the service purpose
of the Hospital and the educational program of the School of Medicine.
The Board shall seek
counsel and advice from the Dean of the School of Medicine when the exercise
of such jurisdiction affects the programs of teaching and research.
D. Medical educational
programs and research projects, conducted by and in the
School of Medicine shall
remain the responsibility of the School of Medicine.
E. Other programs of
education, research and service at the Hospital shall remain the responsibility
of the sponsoring institution. This does not preclude the development
of a joint responsibility
for such programs pursuant to agreement between the affiliated institutions
when such a cooperative
effort is desirable, such agreement to be executed by the Dean of the
School of Medicine and
the President of the Hospital or their respective delegates.
I. RIGHTS AND PRIVILEGES
OF PHYSICIANS AND DENTISTS
A. The rights and privileges
of all physicians and dentists on the Hospital medical
staff shall be maintained
consistent with accreditation standards and requirements for the Hospital
and the School of Medicine and may not be withdrawn arbitrarily. The Board
of Trustees
of the Hospital shall maintain the authority to appoint the medical staff
and delineate privileges
after consultation with the medical staff.
B. The following terminology
shall apply when various physician groups are referred to in this Affiliation
Agreement:
1. The Medical Staff: All physicians and dentists having clinical privileges
at PCMH.
2. Medical School-Based Faculty: Members of the medical staff who are
employed solely by the medical school either full or part-time.
3. Community-Based Clinical Faculty: Members of the medical staff who
are not employed by the medical school, practice in the community and
have clinical appointments to the medical school faculty.
4. Community Physicians: Members of the medical staff who do not have
Clinical appointments to the medical school faculty.
II.
ADMINISTRATION
A. The Board of Trustees
of the Hospital shall administer the Hospital so as to meet
accreditation standards
for the Hospital and for the School of Medicine's educational programs.
B. Pitt County Memorial
Hospital, Inc., will be governed by a 20-member Board of Trustees. The
County will appoint 11
or 55% of the governing body of the Corporation (at least one of whom
shall be a Pitt County
physician). The UNC Board of Governors will appoint the remaining 9 seats
or 45% of the governing body of the Corporation. Of these 9, one member
will be appointed
from a slate of four persons nominated by a nominating committee composed
only of trustees appointed
by the UNC Board of Governors. Neither the County nor UNC Board of Governors
shall remove any of their appointed Trustees except for cause.
C. The Executive Committee
of the Board of Trustees of the Hospital shall consist of nine (9) members
including the Chairman, Vice Chairman, Secretary, and six (6) members
elected by the Board
of Trustees from the at large membership in a manner such that a total
of five (5) members of
the Executive Committee are members of the Board appointed by the County
Commissioners and a total
of four (4) members of the Executive Committee are members of the Board
appointed by the Board of Governors of the University of North Carolina.
III.
FINANCIAL RESPONSIBILITY
Expenses incurred for
the operation of the facilities of the Hospital shall be paid by the Hospital.
Expenses incurred for
the operation of the School of Medicine shall be paid by East Carolina
University. However,
nothing in this paragraph shall prohibit subsequent agreements, subject
to the legal powers and
limitations of the parties, for the joint employment of personnel and
for the pro rata apportionment
of salaries thereof or for the pro rate apportionment of other related
costs and expenditures.
Such agreements will be agreed to by the Dean of the School of Medicine
and the President of
the Hospital on these or other budgetary matters.
IV.
PATIENTS
Each patient admitted
to a hospital service shall be available for teaching programs, unless
the patient, attending
physician or dentist specifies otherwise.
V.
MEDICAL SCHOOL-BASED FACULTY: APPOINTMENT, RECRUITMENT,
PRIVILEGES
A. Appointment to the
faculty shall be the responsibility of the School of Medicine, subject
to the policies and regulations
of East Carolina University and of the Board of Governors of The University
of North Carolina.
B. The community-based
clinical faculty shall have a one-third representation on search committees
created to advise the Dean of the School of Medicine in the appointment
of chairpersons
of clinical departments.
D. The Dean of the School
of Medicine shall assure the participation of community-
based clinical faculty
in the recruitment and selection of medical school-based faculty.
VII.
CHIEF OF SERVICE
A. The chairperson of
a clinical department in the School of Medicine, or such other
person from that department
as the Dean of the School of Medicine may designate, shall be appointed
by the Hospital Board as the Chief of the corresponding hospital service.
The effectiveness
and performance of the Chief of Service shall be subject to periodic review
by the Board of Trustees
of the Hospital and by the Dean of the School of Medicine. In the event
disciplinary action or
removal as Chief is called for by one party and not concurred in by the
other, the matter will
be referred to the Joint Policy Committee.
B. Each Chief of service
will be responsible for providing a mechanism for representation from
all members of the service
in developing patient care policies of the service.
VIII.
MEDICAL STUDENT AND HOUSE STAFF EDUCATIONAL PROGRAMS
A. Medical student educational
programs within the Hospital shall conform to the requirements of the
Liaison Committee for Medical Education (LCME). The Chairman of an academic
clinical department
shall be responsible for medical education programs within that department.
Medical student
participation in patient care shall be supervised by members of the medical
school-based faculty
and community-based clinical faculty as agreed to by the Hospital and
the medical school.
B. Pitt County Memorial
Hospital and East Carolina University School of Medicine accept the joint
responsibility for developing
and administering all residency and other graduate medical
education
programs accredited by the Accreditation Council for Graduate Medical
Education (ACGME). These
programs shall be conducted in accordance with the institutional and special
requirements of the ACGME.
The Chief of each clinical service sponsoring an accredited graduate
medical education program shall maintain oversight responsibility for
the conduct of these
programs.
C.
A Graduate Medical Education Committee shall have the responsibility for
advising on and monitoring
all aspects of residency education. The chair of this committee shall
be appointed jointly
by the Dean of the School of Medicine and the President of Pitt County
Memorial Hospital.
This committee is responsible to the Executive Committee of the Medical
staff of Pitt County
Memorial Hospital for all medical staff issues related to these trainees.
In all other issues,
the Graduate Medical Education Committee is responsible to the Dean of
the School of Medicine
and the President of Pitt County Memorial Hospital through a Graduate
Medical Education Policy
Committee.
IX.
RESEARCH
A. The School of Medicine
and Hospital shall encourage the development of research programs to advance
medical knowledge, to support the undergraduate and graduate educational
programs, and to contribute
to the recruiting of an outstanding faculty.
B. All proposed research
projects within the Hospital shall conform with federal, state, and other
governmental regulations,
and be approved by the appropriate Hospital committees.
X.
EXPANSION OF TEACHING FACILITIES AND SERVICE DEPARTMENTS
The Hospital and the
School of Medicine shall consult with the other regarding proposed expansion
and/or renovation plans and when such expansion and/or renovation involves
Hospital property,
with the Executive Committee of the Medical Staff.
XI.
JOINT POLICY COMMITTEE
In order to administer
equitably the provisions of this Affiliation Agreement, there shall be
established
a Joint Policy Committee, hereinafter referred to as the "COMMITTEE."
It shall consist of ten
(10) members; one (1) of whom shall be a representative appointed by the
Pitt County Board of
Commissioners, one (1) of whom shall be the Dean of the School of Medicine
of East Carolina University,
one (1) of whom shall be the Vice Chancellor for Business Affairs of East
Carolina University, one (1) of whom shall be the Chief of the Hospital
medical staff, one (1)
of whom shall be the Past Chief of the Hospital medical staff, one (1)
of whom shall be the President
of the Hospital, and one (1) of whom shall be the Chairman of the Hospital
Board of Trustees, and
two (2) appointed by the Chancellor of East Carolina University and one
(1) appointed by the
Chairman of the Board of Trustees of the Hospital. The chairperson of
the committee shall hold
office for one (1) year and be the Past Chief of the Medical Staff.
Its duties shall include:
A. Review of this Agreement,
at least annually, to assess its operating
effectiveness and to
ascertain how, if at all, the Agreement may be improved to
the satisfaction and
mutual benefit of the parties involved.
B. Recommendation of
amendments to this Agreement.
C. Development of common
guidelines and programs consistent with the
Policies of both parties
and the provisions of this Agreement.
D. Review and make recommendations
for solving problems related to the mutual programs of research,
teaching, patient care and community services.
E. Consideration of such
other matters which from time to time arise and which are of common concern
to both parties.
F. In the event that
the Joint Policy Committee cannot resolve differences at the local level,
the issue shall be referred
for negotiation between the Hospital Board and the Board of Governors.
Appointments to the Committee
shall be for three (3) year terms except those who serve by reason
of the position they hold. Any member of the Committee may be reappointed
at the discretion of
the party making the original appointment. A member may be removed only
by the appointing party.
In the event of removal, death, or resignation of a member, a successor
shall be selected by
the appointing party.
The Committee shall meet
at any time at the request of either the University or the Hospital. Such
a request shall be submitted in writing to the Chairperson of the Committee.
Notice of the time and place of the meeting shall be given at least ten
(10) days in advance. Said meeting shall be held within a reasonable time
from the date the request is submitted or not more than thirty (30) days.
In the event it is impossible for any member to be present at a meeting
so called, the appointing party may designate an alternate to attend the
meeting.
XII.
TERMINATION OR AMENDMENT OF THE AGREEMENT
The parties of this Affiliation
Agreement acknowledge that the success of the
combined program of medical
training and patient care can only be achieved through faithful communication
and sympathetic cooperation between the dean of the School of Medicine
and its faculty, and
the President of the Hospital and its medical staff, and the Board of
Trustees of the Hospital,
the Board of Commissioners of Pitt County, the Board of Trustees of East
Carolina University,
and the Board of Governors of The University of North Carolina.
This Agreement shall
extend for a period of twenty (20) years from its effective date. It may
be terminated prior to
the conclusion of the twenty (20) year period only upon mutual consent
of the parties. In such
an instance, a period of four (4) years shall be allowed to effect the
termination.
It is understood that
this Agreement may be amended in writing at any time to include such provisions
as are agreed upon by the parties.
If any party to this
Agreement shall be guilty of a material breach of this Agreement, any
of the other parties may cancel the Agreement at its option.
It is further agreed
that by mutual consent this Agreement, together with any changes agreed
upon, may be renewed for an additional period of twenty (20) years upon
notice by any party in writing at least one (1) year prior to its expiration.
On
September 11, 1998 - Amendments to the Affiliation Agreement (III-B and
III-C) were signed and incorporated into the Agreement. Signatures on
File.
Laupus Library
The Brody School of Medicine at East Carolina University
600 Moye Boulevard
Greenville, North Carolina 27858-4354