PCA College Service Corps College Student Agreement

This PCA COLLEGE SERVICE CORPS COLLEGE STUDENT AGREEMENT (the “Agreement”) is made and entered into this (“Effective Date”) by and between (“PCA Agency”), and Metropolitan Center for Independent Living. (“MCIL”) and those College Students who are accepted as part of the program and agree to be bound by the terms of this Agreement pursuant to their application to the program (“College Students”).

WHEREAS, MCIL is engaged in a pilot program for College Students to become Personal Care Assistants (“PCAs”); and

WHEREAS, PCA Agency, which is committed to a PCA College Service Corps, desires to provide experiences for College Students who respond to this call to service, to become PCAs; and

WHEREAS, MCIL and PCA Agency mutually desire opportunities for College Students, to learn the skills needed to become competent personal care assistants to promote excellence in patient care, to ensure professional competence, and to provide maximum utilization of community resources; and

WHEREAS, the parties desire to enter into an agreement so that College Students may obtain practical healthcare experience as PCAs as identified and determined by the parties as part of the PCA College Service Corps (“PCA CSC Program”);

NOW, THEREFORE, Agency and MCIL agree as follows:

Agency Responsibilities

1. PCA Agency shall provide a pathway for College Students to pursue the MN DHS application process to become a PCA and receive preparation that is sufficient in extent and variety to provide a satisfactory education for all Students placed at PCA Agency. PCA Agency will provide placement of Students once approved to serve as a PCA, referred hereafter as Corps Member PCA, in the home of an individual requiring PCA services who require 10 or more hours of assessed PCA service per day, who direct their own care, and who are also accepted into the PCA CSC Program, and make available members of its staff for providing field instruction of the Corps Member PCA as required.
2. PCA Agency will provide a qualified program manager to supervise the Corps Member PCA. The program manager will provide the Corps Member PCA with a meaningful educational experience and supervision required under applicable laws, rules and regulations.
3. PCA Agency will obtain the consent of all people participating in the PCA CSC Program as to the placement of the Corps Member PCAs in their home with the Agreement forms approved by MCIL.
4. PCA Agency shall help orient the College Student to the PCA Agency and will furnish Corps Member PCAs with a set of policies and procedures applicable to the PCA CSC Program in force within PCA Agency.
5. PCA Agency shall require Corps Member PCAs to complete all orientation activities required by PCA Agency, including background checks, State and Federal OIG exclusion database searches, drug screening, compliance training, TB screening, influenza vaccinations, testing and vaccination related to COVID-19 as required.
6. Maintain records and reports of the College Student's PCA CSC experience as a PCA, for a period of not less than four (4) years.
7. Use all reasonable efforts to assure the College Student's compliance, as a PCA, with PCA Agency's policies and procedures, rules and regulations, including maintaining confidentiality with respect to all confidential information acquired in the course of the PCA CSC Program experience.
8. Assure that College Student assigned to PCA Agency, prior to serving as a PCA has received proper training according to the PCA Manual from the Minnesota Department of Human Services.
9. PCA Agency shall be responsible for payment of all compensation and benefits earned by Corps Member PCAs other than the amounts paid by MCIL as a taxable honorarium.

MCIL Responsibilities

1. MCIL shall review and obtain applications from College Students enrolled at participating colleges and universities and select the College Student to participate in the PCA CSC Program.
2. Provide a copy of the performance objectives for the PCA CSC Program experience and the assurance that the College Student is academically prepared to meet such objectives.
3. MCIL shall maintain the privacy/confidentiality of all Protected Health Information (“PHI”) of the Participant of the PCA Agency, to the extent it becomes aware of such information through this Agreement, as required by all applicable laws and regulations, including, without limitation, the requirements of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and HITECH.
4. MCIL is responsible for payment of any taxable honorarium earned by the Student pursuant to the PCA CSC Program.

Mutual Responsibilities

1. The parties agree that MCIL will select no more than 50 College Students to participate in the PCA CSC Program, and will determine which College Students will be assigned to the PCA Agency. PCA Agency and MCIL shall mutually agree on the number of Students to be placed at PCA Agency at any one time.
2. PCA Agency may request the removal of, or remove any College Student from its agency, at any time, who in its opinion is not acting in accordance with PCA Agency’s policies consistent with PCA Agency’s general employment policies and procedures.

Student Responsibilities

1. College Student will be responsible for all of their expenses, including meals, medical expenses, and transportation.
2. College Student acknowledges and agrees that they will be an employee of PCA Agency and will not be an employee or agent of MCIL for any purposes.
3. College Student agrees to abide by the terms and conditions of all policies and procedures applicable to PCAs as communicated by the PCA Agency.
4. College Student agrees to sign and abide by the terms of the College Student Agreement below.

Term & Termination

The initial term of this Agreement shall be from the Effective Date and run for a period of one year. Except as otherwise provided herein, either party may terminate this Agreement at any time without cause upon at least thirty (30) days prior written notice.

Non-Discrimination

There shall be no discrimination on the basis of race, religion, disability, national origin, sex, marital status, familial status, age, sexual orientation, and gender identity, veteran status or status with regard to public assistance, in either the selection of students for participation in the program, or as to any aspect of the CSC Program; provided, however, that with respect to disability, the disability must not be such as would, even with reasonable accommodation, in and of itself preclude the Student’s effective participation in the program.

Honorarium Payments and Fees

There will be no payment or charges or fees between MCIL and the PCA Agency or MCIL and any Student. PCA Agency will be liable for the payment of any wage, salary, or compensation earned by the Students while participating in the PCA CSC Program. Each Student who completes the PCA CSC Program will be eligible for a taxable honorarium during the duration of the time, but no more than 30-weeks they serve in the PCA CSC Program by MCIL.

No Guarantee of Employment

The parties understand that participation in this PCA CSC Program opportunity will not guarantee Students any employment with PCA Agency upon the conclusion of their participation in the PCA CSC Program.

Entire Agreement

This Agreement and its accompanying Exhibits, if any, set forth the entire Agreement with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the parties relating to such subject matter. This Agreement may not be amended or modified except by mutual written agreement.

Notices

Any notice required or permitted to be given pursuant to the terms of the Agreement shall be in writing to the party to receive such notice at the address listed below such party’s signature and shall be deemed to have been duly given if (a) delivered personally, (b) delivered by email with notification of receipt by the other party or (c) sent by a nationally recognized courier service or overnight carrier.

Assignment

No party shall have the right or the power to assign this Agreement.

Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota.

Counterparts; Electronic Signatures

This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall be considered one and the same instrument. Photostatic copies, facsimiles, or electronic (.pdf) transmission of signatures to this Agreement shall be deemed to be originals and may be relied upon to the same extent as originals.