Legal Matters

By Lori Oliver, JD & Laura Little, JD Polsinelli, PC

Organizations overseeing physician training (like ABMS and ACGME) have recently demonstrated a renewed commitment to supporting physicians’ holistic development by adopting new mandatory leave requirements for physicians-in-training (Residents and Fellows).

These changes come at a time when the U.S. is reacting to a post COVID-19 pandemic vision of work: long gone are the days when personal identities and commitments are expected to drop at the workplace door. Rather, employers are being asked to see their personnel as whole people, with conflicting personal and professional priorities. In Medicine, residency and fellowship training programs are finding a similar need to accommodate their trainees’ personal lives—particularly in family planning and wellness. Residency and Fellowship years collide with prime family development years. Recognizing this, the ABMS and ACGME have adopted new minimum leave requirements to standardize medical, parental, and caregiver leave rights across training programs nationwide.

Specifically, last year, the ABMS adopted new leave policies expressly calling for its programs to offer medical, parental and caregiver leave to all Residents/Fellows. Now, beginning on July 1, 2022, the ACGME will require all ACGME-accredited Programs to offer six (6) weeks of paid leave to all Residents/Fellows for medical, parental and caregiver leave, with the right to take such leave kicking-in on the individual’s very first day in the Program.

The new requirements apply to Sponsoring Institutions (the institutions that administer ACGME-accredited Programs) and call for them to take key steps prior to July 1, 2022 to be in compliance with the new core institutional requirements. The ACGME recently clarified that the ACGME Institutional Review Committee will not take enforcement actions against Sponsoring Institutions pertaining to the new requirements until after July 1, 2023. However, the requirements go into effect on July 1, 2022, making now the time for Sponsoring Institutions to develop and implement new leave policies and align their existing leave framework with the new requirements.

The following checklist describes activities Sponsoring Institutions should consider now to ensure their teaching program remains compliant with ACGME accreditation requirements: • Recruitment Materials: Ensure interview processes for Residents/

Fellows include information regarding institutional policies for vacation and leaves of absence, including paid benefits during such absences. • Appointment/Employment

Agreements: Amend all

Appointment Agreements and

Employment Agreements entered with Residents/Fellows (and associated templates for future agreements) to describe the new

Today’s new innovative ways are making it easier to stay in business and comply with social regulations. Medical Check In has implemented a new way to let patients check-in from the parking lot and use text messaging to call patients in when ready.

• HIPAA Compliant • Use app or kiosk to check-in • Improves social distancing • Text message to call the patient in • Use parking lot as a waiting area