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assigned to the appropriate hospital. The Consolidation Contract
provides:
The parties recognize that, due to the fact that the
employment of the * * * [residents] is ancillary to the
primary purpose of graduate medical and dental
education, the selection, credentialing, academic
instruction and supervision of the * * * [residents]
is, to a large extent, uniquely within the province of
* * * [the University] and * * * [the Consortium],
subject to the legal obligations of the respective
Teaching Hospitals to supervise professional practice
and other matters within their respective facilities.
Accordingly, it is contemplated that * * * [UMRS] and
* * *[UDRS] would have limited input into the process
selecting the individuals comprising the Housestaff
* * *.
The Consolidation Contract also states that petitioners have
the power to “hire and fire” residents. The affiliated teaching
hospitals, however, supervise the residents and have the right to
refuse to accept the assignment of a particular resident. The
Consortium and the affected teaching hospital have the right to
discipline residents. The Consolidation Contract provides that
petitioners are not legally liable for lawsuits resulting from
such disciplinary actions. The Consolidation Contract further
states that each hospital must provide medical malpractice
insurance for the residents working at its facility and must
indemnify petitioners for all liability arising out of alleged
malpractice on the part of residents.
Once a resident is selected and allocated to a member
hospital, the relevant petitioner assumes responsibility for the
payment of all wages, benefits, and related payroll taxes and
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Last modified: May 25, 2011