University Medical Resident Services, P.C. - Page 13

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          Consortium Agreement, however, states that the Consortium, not                
          petitioners, determines resident compensation levels.                         
          Petitioners contend that they assist in the provision of                      
          professional liability insurance for residents, as required by                
          the accreditation standards.  The Consolidation Contract,                     
          however, states that the member hospitals, not petitioners,                   
          provide such insurance.  Petitioners contend that they assist in              
          the provision of adequate financial support to residents, as                  
          required by the accreditation standards.  The Consolidation                   
          Contract, however, states that the Schools and hospitals, not                 
          petitioners, provide all funding of resident salaries and                     
          benefits.  Indeed, the Consortium Agreement states that it is the             
          Consortium, not petitioners, that generally has responsibility                
          for ensuring compliance with the accreditation standards.                     
          Consequently, we conclude that petitioners provide the Schools                
          and hospitals minimal, if any, assistance in meeting these                    
          standards.                                                                    
               Second, petitioners argue that they advance education by                 
          working with the Schools and hospitals to manage program-related              
          activities.  Petitioners, however, do not manage any educational              
          programs.  Petitioners emphasize that they have the right to hire             
          and fire residents.  The Schools and hospitals, however, have an              
          effective veto over petitioners’ hiring decisions because the                 
          Schools and hospitals have the right to refuse to allow a                     
          resident to perform his or her duties.  In addition, the                      




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