MARCH 24, 2015 Page 1 of 6 11.B.2 - CW ACTION Committee of the Whole Meeting Date: March 24, 2015 Submitted by: A.C. [Tony] Orvidas, Strathmere Lodge Administrator Subject: Strathmere Lodge Medical Director Agreement BACKGROUND: Each Long Term Care Home in Ontario is required to engage a local physician as Medical Director for the Home in order to meet Ministry of Health and Long Term Care requirements ensuring that appropriate medical services are provided to all residents of that Home. First appointed as Medical Director in 2000, Dr. Paul Ferner oversees the medical care for the Strathmere Lodge resident population and is currently attending physician to some 39 of its residents. He provides advice to nursing staff, is an active member of the Home’s Resident Care Conference Group, Quality Improvement, and Infection Control and Pharmacy Advisory [ICPAC] Committees, chairs the Medical Advisory Committee and provides an annual report to County Council. Compensation for Dr. Ferner’s services as Medical Director is based on the daily rate of $0.36 per bed. This rate was originally established by the Ministry of Health and Long Term Care and is funded through the Nursing and Personal Care envelope. ANALYSIS: The Home is well served by Dr. Ferner’s appointment. Both nursing and administration staff benefit from Dr. Ferner’s expertise and support, particularly in securing timely access to specialized medical care when required. The current contract with Dr. Ferner expires June 30, 2015 and it is proposed to renew for a further year. Dr. Ferner had originally planned to retire this year but has deferred his retirement to mid-2016. MARCH 24, 2015 Page 2 of 6 11.B.2 - CW ACTION RECOMMENDATION: That the appointment of Dr. Paul Ferner as Medical Director at Strathmere Lodge be confirmed for an additional one year period ending June 30th, 2016; and that the Strathmere Lodge Administrator be authorized to sign a Letter of Agreement with Dr. Ferner. Attachment MARCH 24, 2015 Page 3 of 6 11.B.2 - CW ACTION Page 1 of 4 MEDICAL DIRECTOR AGREEMENT THIS AGREEMENT effective the 1st day of July, 2015. BETWEEN: DR. PAUL FERNER (hereinafter referred to as the “Medical Director”) and STRATHMERE LODGE (hereinafter referred to as the “Home”) WHEREAS The Ontario Ministry of Health Long Term Care Facilities Program Manual requires that there be an agreement between the Home and its Medical Director AND WHEREAS the Medical Director wishes to enter into an Agreement with the Home to perform the services described below NOW THEREFORE in consideration of the covenants and agreements hereinafter contained, the parties hereto agree as follows: 1.0 2.0 The Home shall: 1.1 Pay a fee for the administrative services provided by the Medical Director in the amount of $0.36 per funded resident day, which amount may be more than, but shall not be less than, the amount as established from time to time and as approved by the Ministry of Health and Long Term Care. Adjustments to this fee, as approved by the Ministry of Health and Long Term Care, will be passed on to the Medical Director immediately, retroactive to effective date; 1.2 Make available to the Medical Director copies of applicable legislation and policies; The Home agrees to indemnify and save harmless the Medical Director from any claims, demands, damages or actions brought against the Medical Director in relation to the provision of service by employees of the Home who are not acting under the instructions of or under the direction of the Medical Director. MARCH 24, 2015 Page 4 of 6 11.B.2 - CW ACTION Page 2 of 4 3.0 The Medical Director shall: 3.1 Be a legally qualified medical practitioner licensed to practise medicine in Ontario; 3.2 Be familiar with all applicable legislation and policies. 3.3 Obtain and maintain in full force and effect during the term of this Agreement current and valid malpractice protection; 3.4 Direct and organize the Home’s medical services as required by applicable legislation and Home policies, including but not limited to the areas of medical service provision, administration and education; 3.5 Be responsible, accountable and have the authority to monitor and evaluate the medical care and services by physicians, and to take action when standards are not met. 3.6 Provide advice and be accountable for the areas of administrative medical services and policies in the Home, including: 3.6.1 development, implementation and evaluation of medical services, 3.6.2 an annual review of the medical policies, 3.6.3 preparation of an annual report summarizing the strengths and areas of concern within the medical services program, 3.6.4 involvement in Home-wide issues, such as infectious disease outbreak management; and 3.6.5 participation in the process to develop the mission, philosophy, goals and objectives of the Home. 4.0 3.7 Provide advice to the Committee of Management of the Home on matters pertaining to medical care and services; 3.8 Provide such other services in relation to the provision of medical services in the Home that are reasonably required and which are jointly agreed upon by the Medical Director and the Administrator. The Medical Director, or his designate, shall: 4.1 Actively participate as a member of the Infection Control and Pharmacy Advisory Committee and shall make himself available to attend such other committees as mutually agreed upon between the Medical Director and the Administrator. 4.2 Be committed to continuing medical education and maintaining current knowledge and practice in geriatrics and gerontology. MARCH 24, 2015 Page 5 of 6 11.B.2 - CW ACTION Page 3 of 4 4.3 Visit the Home regularly, at least once per week in order to carry out his responsibilities under this Agreement; 4.4 Advise the Home on emergency medical services for residents when the Medical Director is not available personally; 4.5 Complete all forms pertaining to the medical services program as required; 4.6 Advise the Administrator, in cooperation with the Medical Officer of Health, of the steps to be taken in the event of an outbreak of communicable disease; 4.7 Provide, or arrange for medical services to be provided for all residents who do not have an Attending Physician identified. 5.0 In the event that the Medical Director is temporarily unable to attend the Home at any time, the Medical Director shall notify the Administrator of the Home of the name of his designate in advance of such absence. 6.0 The Medical Director shall, when reasonably required: 6.1 Participate in the review of new resident applications; 6.2 Be involved in resident issues that may put other residents, staff or visitors at risk; 6.3 Assist in staff development as required and as jointly negotiated with the Administrator or his designate; 6.4 Participate in in-service education programs each year for Home staff and/or Attending Physicians; 6.5 Provide medical liaison with local hospital(s) and other appropriate health care organizations or facilities; 6.6 Cooperate with and/or be available during Ministry compliance reviews pertaining to medical issues, including inquiries made by the compliance advisor, advocates, family members, and persons conducting coroner’s investigations; and 6.7 Sign an Attending Physician’s Agreement if the Medical Director is also an Attending Physician at the Home. MARCH 24, 2015 Page 6 of 6 11.B.2 - CW ACTION Page 4 of 4 7.0 The Medical Director shall: 7.1 Review expectations for Attending Physicians with those physicians in accordance with the Home’s Attending Physician Agreements; 7.2 Monitor and evaluate the medical care and services provided by Attending Physicians; and 7.3 Review with the Administrator any Attending Physician non-compliance with the Attending Physician Agreements and jointly determine any action to be taken. 8.0 The Medical Director shall not undertake research projects involving residents of the Home without the approval of the Administrator of the Home. The Medical Director will not utilize any research data collected from the Home for professional publication or discussion without prior approval of the Administrator of the Home. Any research undertaken must be consistent with current ethical research and standards. Approval by the Administrator shall not be unreasonably withheld. 9.0 The Medical Director agrees to indemnify and save harmless the Home from any claims, demands, damages or actions brought against the Home directly relating to the provision of services by the Medical Director pursuant to this Agreement. 10.0 This Agreement shall remain in effect for one year from the date first written above, or until either one of the parties gives 90 days written notice to the other party to terminate or renegotiate the Agreement, unless there is a fundamental breach of this Agreement by the Medical Director or by the Home, in which case the Agreement may be terminated upon 30 days written notice by the party not in default of the Agreement. 11.0 This Agreement may be amended by written agreement signed by the parties and attached hereto, and such amendments shall be adhered to and have the same force as if they had originally formed part of this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement, on this __ day of _________, 2015. Medical Director: Witness: Strathmere Lodge: Witness: A.C. [Tony] Orvidas, Administrator
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