First Site Designated as Emergency Department with Workplace Fairness

[CAL/AAEM News Service]

First Site Designated as Emergency Department with Workplace Fairness

Source: AAEM (http://www.aaem.org)
Date: October 24, 2006


The American Academy of Emergency Medicine (AAEM) announced that the UCI Medical Center,
in Orange, CA, is the first in the nation to be designated as an Emergency Department
with Workplace Fairness. 

This fall, the AAEM board of directors approved changes of the emergency department
standards for employment excellence. AAEM will certify excellence in the ED workplace if
emergency department physician employees are guaranteed the following five workplace
conditions:

- A reasonable due process policy.
- A reasonable policy of financial transparency that protects physicians against
financial exploitation.
- A reasonable policy of financial equity that allows physicians to share in the
department's profits.
- A reasonable policy of political equity that allows physicians to improve their own
working conditions.
- Employment arrangements that do not impose post-contractual restrictions.

The Academy recognizes the existence of many different emergency department business
models. The following examples are provided as guidelines that comply with the principles
outlined above. These guidelines are not absolute but reflect the spirit of fairness
encouraged by the Academy. Thus, any group that believes it meets conditions for fairness
is encouraged to submit an application for a certificate of excellence. The application
can be found at:
http://www.aaem.org/membership/compliancecert.pdf. Applications will be reviewed by the
Academy. Departments that are deemed to fall outside fairness criteria will be provided
direct feedback and given ample opportunity to reapply. Emergency physicians are
encouraged to contact AAEM (anonymously if desired) to report a listed group that they
believe is not in compliance along with an explanation.

*Principle - Examples of fair employment practices:

Due process - Unilateral termination without cause and without rights defined in the
medical staff bylaws is acceptable only during a provisional period of employment, not to
exceed one year.  Termination with cause requires a fair hearing upon request of the
terminated physician.

Financial transparency - Partners are automatically provided information on total group
charges, collections, management, and operational expenses, and other group income
distribution on at least a quarterly basis.

Financial equity - For democratic groups, full partnership opportunities are available
through a predefined process that does not exceed three years. Share distribution among
partners is transparent.

Political equity - Governance procedures are published, with processes for election of
leadership and partners, appointment of medical directors and administrators, and bylaws
amendments.

Political equity - Practicing physicians must make all practice decisions (including
those involving hiring, firing, staffing levels, and clinical processes) and have a
primary fiduciary responsibility to their patients, not to a corporate entity or
shareholders. No layperson (defined as a non physician or non practicing physician) can
have a commercial interest in the practice or the right to control the professional
judgment of any practicing physician. No layperson may be a corporate officer or director
or occupy a position of similar control.
Physician employment by hospitals or non profit entities is permissible when in
accordance with state law.

No post-contractual restrictions - Non-compete or similar clauses that affect where a
physician may work upon leaving the group or upon group turnover are not conditions of
employment.

Become one of the recognized emergency departments designated as an Emergency Department
with Workplace Fairness! For more information, contact info at AAEM.org or call
800-884-2236.

The American Academy of Emergency Medicine (AAEM) is the only true specialty society in
emergency medicine today. As an organization, AAEM believes achievement of board
certification represents the only acceptable method of attaining recognition as a
specialist in emergency medicine.

For more information, please visit www.aaem.org or call 800-884-2236.


Cyrus Shahpar & Brian Potts 
Managing Editors, CAL/AAEM News Service
University of California, Irvine

The CAL/AAEM Archives are available at: http://maillists.uci.edu/mailman/public/calaaem/


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