HOUSE STAFF EMPLOYMENT AGREEMENT

This House Staff Employment Agreement ("Agreement") is made and entered into this 6th day of June 2015, by and
between, _________________ ("House Staff") and Tenet HealthSystem Hahnemann, LLC, a Pennsylvania limited liability
company, doing business as Hahnemann University Hospital ("Hospital"), located in Philadelphia, Pennsylvania. House Staff and
Hospital are hereinafter referred to each as a "Party and collectively as the "Parties".
This Agreement is entered into for the purpose of defining the relationship between the Hospital and the House Staff during
House Staff 's participation in the graduate medical education and clinical training program (the "Program") operated at Hospital and
supersedes any prior agreements for the same purpose and covering the same period of time.
The attachments and documents referenced herein, including but not limited to the Acknowledgment of House Staff,
Hospital Policies, Medical Staff Bylaws, Tenet Employee Handbook and House Staff Manual, constitute a part of this Agreement
and are incorporated herein by reference in their entirety as if fully set forth in the Agreement. Nothing herein shall preclude the
Hospital from amending any documents from time to time in its sole discretion.
1.

EMPLOYMENT.
1.1 Hospital hereby employs House Staff during the
period House Staff participates in the Program.
During the Term of this Agreement (as defined
below), House Staff shall be subject to and shall
abide by all of the Hospital's employment and other
policies, directives, rules and regulations as they
presently exist and are promulgated by Hospital
from time to time hereafter (the "Hospital Policies")
provided, however, that in the event of any
inconsistency between the Hospital Policies and this
Agreement, the terms of this Agreement shall
prevail.
1.2 Prior to engaging in any professional medical
services outside the scope of this Agreement
(Moonlighting Activities), House Staff shall comply
with all relevant requirements contained in the
House Staff Manual.

2. TERM. The term of this Agreement (the "Term") shall be

one (1) year and two (2) weeks commencing on
Start_Date (the "Commencement Date") for orientation
and preclinical training. The clinical commencement date will
be Program Start_Date and ending on End_Date in the
Department of Next_Program at the Post Graduate Year
PGY(PGY PGY_2).
3. COMPENSATION. House Staff shall receive an annual
salary of Persons_Next_Compensation_Status Dollars
($Salary2) ("Base Salary"). The Base Salary shall be
payable in bi-weekly installments in accordance with
Hospital's Policies. No compensation shall be payable to
House Staff for any services for which the House Staff has
not submitted the Hospital requested documentation,
including the timely completion and submission of any
applicable time logs. House Staff will be compensated for
only those Hospital required days of orientation and preclinical training.
4. BENEFITS.
During the Term of this Agreement,
Hospital agrees to provide to the House Staff those benefits
provided to the House Staff as set forth in the House Staff
Manual and Employee Handbook. These benefits are
subject to amendment periodically by the Hospital.

5. RESPONSIBILITIES OF HOUSE STAFF

House Staff shall use his/her best efforts as follows:
5.1. Perform all Program-related duties, tasks, and
responsibilities of whatever nature that are assigned
to House Staff;
5.2
Fulfill those obligations contained in Essentials of
Accredited Residencies of the Accreditation
Council for Graduate Medical Education or
American Dental Association or the Council on
Podiatric Medical Education as applicable,
including but not limited to duty hour standards;
5.3

Fulfill all Program requirements, including but not

limited to (a) maintaining at all times House Staff
eligibility, and (b) the completion of all Program
rotations to the satisfaction of the Program
Director;

5.4

Comply with the Published Principles of

Medical/Dental/Podiatric Ethics and the Rules of
the Judicial Council of the American Medical
Association, the American Dental Association and
the American Podiatric Medical Association;

5.5

Comply with all Hospitals Medical Staff Bylaws

and Medical Staff Rules and Regulations
(collectively
Medical
Staff
Bylaws).
Notwithstanding the preceding, House Staff
acknowledges that he/she is not eligible for
medical staff membership and is not entitled to
any rights afforded medical staff members
pursuant to such Medical Staff Bylaws;

5.6

Report any instance of misconduct (including but

not limited to any instance where House Staff
believes he/she has been subject to any form of
harassment and/or discrimination) to appropriate
Hospital and/or Program personnel pursuant to
the House Staff Manual; and,

5.7

Execute the Acknowledgement of House Staff

attached hereto as Exhibit A.

____________________________________________________________________________________________________________________
Revised January 8, 2015
Page 1

8.4

Termination for Changes in Law. In the event that

any governmental or nongovernmental agency, or
any court or administrative tribunal passes, issues
or promulgates any new, or change to any
existing, law, rule, regulation, standard,
interpretation, order, decision or judgment
(individually or collectively, Legal Event), which
a party (the Noticing Party) reasonably believes
(i) materially and adversely effects either partys
licensure, accreditation, certification, or ability to
refer, to accept any referral, to present a bill or
claim, or to receive payment or reimbursement
from any governmental or non-governmental
payor, or (ii) indicates a Legal Event with which
the Noticing Party desires further compliance,
then, in either event, the Noticing Party may give
the other party thirty (30) days prior written notice
of its intent to amend or terminate this Agreement.
Notwithstanding the foregoing, the Noticing Party
may propose an amendment to the Agreement to
take into account the Legal Event and, if accepted
by the other party prior to the end of the thirty (30)
day notice period, the Agreement shall be
amended as of the date of such acceptance and if
not amended shall automatically terminate.

8.5

Effect of Termination. As of the effective date of

termination of this Agreement, neither Party shall
have further rights or obligations hereunder,
except (a) as otherwise provided herein; or (b) for
rights and obligations accruing prior to such
effective date of termination (including accrued by
unpaid compensation), or (3) arising as a result of
any breach of this Agreement.

6. RESPONSIBILITIES OF HOSPITAL. Hospital shall

maintain the Program in accordance with the standards of
the Essentials of Approved Internships and Residencies,
prepared by the Accreditation Council for Graduate Medical
Education of the American Medical Association or American
Dental Association or the Council on Podiatric Medical
Education as applicable.
7. ASSIGNMENT; BINDING EFFECT.
House Staff
acknowledges that the services required of House Staff
hereunder are personal and that House Staff may not assign
this Agreement or any of House Staff s rights or duties under
this Agreement to a third party. This Agreement shall inure
to the benefit of and be binding upon the parties hereto and
their respective heirs, representatives, successors and
permitted assigns. This Agreement or any rights or duties
hereunder are assignable by Hospital without consent of
House Staff.
8.

HOUSE STAFF RIGHTS

ACTION; TERMINATION
8.1

8.2

8.3

UPON

DISCIPLINARY

Disciplinary Actions by Hospital. Any disciplinary

action, grievance, corrective action, suspension,
removal,
complaint,
warning,
reprimand,
dismissal,
and/or
termination
(collectively,
Disciplinary Actions) taken against House Staff
shall be governed by the House Staff Manual.
Except as provided in Section 8.3, any and all
procedural rights afforded House Staff concerning
such Disciplinary Actions shall be governed by
the House Staff Manual.
Termination by House Staff. This Agreement may
be terminated by the House Staff upon thirty (30)
days prior written notice to Hospital upon (a)
failure of Hospital to provide the compensation or
benefits pursuant to Sections 3 or 4 of this
Agreement, or (b) inability of House Staff to fulfill
his/her obligations under this Agreement due to
incapacity or extreme hardship.
Termination by Hospital for Failure to Pass
USMLE/COMLEX Step 3. In the event House
Staff fails to pass House Staffs USMLE or
COMLEX Step 3 examination, as applicable, by
the end of PGY-2 year, Hospital will immediately
terminate this Agreement upon written notice to
the House Staff. In the event Hospital terminates
the Agreement pursuant to this Section 8.3,
House Staff shall have no right of appeal and any
procedural rights set forth in the House Staff
Manual shall not apply.

9.

NON-REAPPOINTMENT. Notwithstanding the ability of

either Party to terminate this Agreement pursuant to
Section 8, each Party agrees to provide the other Party
with no less than one hundred twenty (120) days prior
written notice of his/her/its intent not to renew this
Agreement upon expiration of its Term.

10. INVENTIONS.
All inventions, discoveries, and
improvements invented, developed, or discovered by
House Staff during the term of this Agreement shall be
and remain the sole and exclusive property of Hospital.
This provision shall not apply where any such inventions,
discoveries, and improvements are related to research
conducted with Drexel University College of Medicine
faculty. House Staff shall promptly disclose in writing to
his/her Program Director and Department Chair all
inventions, discoveries, and improvements invented,
discovered or developed by House Staff, and at the
request of Hospital shall execute from time to time,
during or after termination of this Agreement, any
documents, including without limitation, applications for
letters of patent and assignment thereof, as may be
deemed necessary or desirable by Hospital to effectuate
the provisions of this Agreement. This provision shall
survive the expiration of any termination of this
Agreement.

____________________________________________________________________________________________________________________
Revised January 8, 2015
Page 2

Philadelphia, PA 19102
Attn: Regional Counsel Law Department

11. MISCELLANEOUS.
11.1

Notices. All notices provided under or in

conjunction with this Agreement shall be in writing
and shall be given by addressing the same to the
appropriate party at the address set forth below,
and by depositing same so addressed, certified
mail, postage prepaid, return receipt requested, or
by overnight mail or by delivering the same
personally to such other party.

Copy to:
Tenet Healthcare, Inc
1445 Ross Avenue
Suite 1400
Dallas, Texas 75202-2703
Attn: Bruce Hoins
Copy to:
Jay M. Yanoff, Ed.D.
Hahnemann University Hospital
Office of Graduate Medical Education
Broad & Vine Streets, MS 623
Philadelphia, PA 19102

Hospital:
Hahnemann University Hospital
Broad & Vine Street
Philadelphia, PA 19102
Attn: Chief Executive Officer

House Staff:
Hahnemann University Hospital
Broad & Vine Street
Philadelphia, PA 19102

Copy to:
Tenet HealthSystem
Centre Square West
1500 Market Street, 24th Floor
Any notice shall be deemed to have been duly given
three (3) United States Post Office delivery days
following the date of mailing. Overnight mail shall be
deemed to have been given on the next business day
following the date of mailing. Any notice delivered in
person shall be deemed given upon delivery. Either
party may change the address for the service of notice
upon it by providing written notice to the other in the
manner herein provided for the giving of notice.
11.2

Governing Law. This Agreement shall be

construed and governed by the laws of the
Commonwealth of Pennsylvania (State).

11.3

Non-Waiver. No waiver by any of the parties

hereto or any failure by a party to keep or perform
any provision, covenant or condition of this
Agreement shall be deemed to be a waiver of any
preceding or succeeding breach of the same or of
any other provision, covenant or condition.

11.4

Headings. The headings of this Agreement are

inserted for convenience only, shall not be
considered in the construction of the provisions
hereof, and shall not in any way limit the scope or
modify the substance or context of any section or
paragraph hereof.

11.5

Confidentiality. This Agreement is confidential and

may not be disclosed to anyone other than the
Parties' legal and financial representatives, or as
may be required at law, without the prior written
consent of the non-disclosing Party.

11.6

Severability. The provisions of this Agreement

shall be severable. The unenforceability of any
provision in this Agreement shall not affect the
validity of the remaining provisions.

11.7

Arbitration. Subject to the foregoing, any dispute

or controversy arising under, out of or in
connection with, or in relation to this Agreement,
or any amendment hereof, or the breach hereof
shall be determined and settled by arbitration in
Philadelphia County, Pennsylvania, in accordance
with the rules of the American Health Lawyers
Association Alternative Dispute Resolution
Service Rules of Procedure for Arbitration and
applying the laws of State. Any award rendered
by the arbitrator shall be final and binding upon
each of the parties, and judgment thereof may be
entered in any court having jurisdiction thereof.
The costs of the arbitrator shall in all instances be
borne equally by each party hereunder. Prior to
initiating and pursuing arbitration under this
Section 11, House Staff must have exhausted all
other procedural remedies set forth in this
Agreement applicable to the dispute or
controversy.

____________________________________________________________________________________________________________________
Revised January 8, 2015
Page 3

11.8

Compliance Obligations. House Staff represents

that he/she read, understands, and shall abide by
Tenets Standards of Conduct. Physician shall
comply with Tenets Compliance Program and
Tenets policies and procedures related to the
Deficit Reduction Act of 2005, Anti-Kickback
Statute and the Stark Law. Tenets Standards of
Conduct, summary of Compliance Program, and
policies and procedures, including a summary of
the Federal False Claims Act and applicable state
false claims laws (collectively False Claims

Laws) with descriptions of penalties and

whistleblower protections pertaining to such laws,
are available at: http://www.tenethealth.com/
about/ pages/ethicscompliance.aspx. Further, the
parties to this Agreement certify that they shall not
violate the Anti-Kickback Statute and Stark Law,
and shall abide by the Deficit Reduction Act of
2005, as applicable, in providing services to
Hospital. Hardcopies of any information shall be
made available upon request.

____________________________________________________________________________________________________________________
Revised January 8, 2015
Page 4

THE PARTIES HERETO have duly executed this Agreement on the day and year indicated below.
House Staff:

Hospital:

____________________________________

____________________________________
By:
Jay M. Yanoff, Ed.D.
Chief Graduate Medical Education Officer

Date

Date

____________________________________________________________________________________________________________________
Revised January 25, 2012

Exhibit A
ACKNOWLEDGMENT OF HOUSE STAFF

I, First_Name Middle_Name Last_Name, Credentials HEREBY ACKNOWLEDGE THE RECEIPT OF THE

FOLLOWING DOCUMENTS:
1.

House Staff Manual

2.

Tenet Employee Handbook

3.

Moonlighting Form

4.

GME 29 Digital Communication Policy

In addition, I hereby acknowledge my understanding that the following documents referenced in the House Staff
Employment Agreement, are available to me at the indicated sites:
5.

Medical Staff Bylaws and Rules and Regulations will be available for review in the hospitals Medical Staff Office.

6.

Hospital Policy and Procedures Manual will be available for review in the Office of Graduate Medical Education.

7.

Essentials of Accredited Residencies of the Accreditation Council for Graduate Medical Education (ACGME) will be
available for review in the Office of Graduate Medical Education, or by visiting the ACGMEs web site at
http://www.acgme.org/about/sitemap.asp.

8.

The Published Principles of Medical/Dental Ethics and the Rules of the Judicial Council of the American Medical
Association (AMA) and American Dental Association are available for review in the Office of Graduate Medical Education,
or by visiting http://www.ama-assn.org/ama/pub/category/2498.html.

9.

Standards and requirements for approval of residencies in Podiatric Medicine and Surgery are stated in the Council on
Podiatric Medical Education (CPME) 330. This document is available for review in the Office of Graduate Medical
Education or by visiting the Councils website at www.apma.org/cpme.

In addition, I hereby acknowledge my understanding that I must comply with the annual PPD policy of the Hospital in order to
remain on the House Staff.

First_Name Middle_Name Last_Name, Credentials

Print Name:

Signature

Date

____________________________________________________________________________________________________________________
Revised January 25, 2012