HomeMy WebLinkAbout2018-364-E Health - Piedmont Health Services dietitian servicesRevised 7/18
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[Departmental Use Only]
TITLE PHS - Dietitian
FY 2018-2019
NORTH CAROLINA
REGISTERED DIETITIAN SERVICES
AGREEMENT
ORANGE COUNTY
This Services Agreement (hereinafter “Agreement”), made and entered into this 1st day of
July, 2018, (“Effective Date”) by and between Orange County, North Carolina a body politic and
corporate of the State of North Carolina (hereinafter, the "County") through their Department of
Health (hereinafter, the “OCHD”) and Piedmont Health Services, Inc, (hereinafter, the "PHS").
WITNESSETH:
That the County and PHS, for the consideration herein named, do hereby agree as follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by the County to PHS with respect
to: Twenty hours (20) per week services of a North Carolina licensed Registered
Dietitian (“RD”), as provided in the attached Exhibit 1, PHS Job Description
(WIC Nutritionist) and Section 3 below, Basic Services.
ii) By executing this Agreement, the County represents and agrees that OCHD is
qualified to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof and as provided in Exhibit 1, PHS
Job Description. Compensation to the County for Basic Services under this
Agreement shall be as set forth herein.
2. Responsibilities of PHS
a. Services to be provided. The County shall provide PHS with all services required in
Section 3 to satisfactorily complete the Project within the time limitations set forth
herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The County shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of practice throughout the United States and in accordance with
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applicable federal, state and local laws and regulations applicable to the
performance of these services. County is solely responsible for the professional
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) The County shall be responsible for all errors or omissions, in the performance of
the Agreement. The County shall correct any and all errors, omissions,
discrepancies, ambiguities, mistakes or conflicts at no additional cost to the PHS.
iii) The County shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of PHS. No permission for subcontracting shall create,
between the PHS and the subcontractor, any contract or any other relationship.
iv) The County is an independent contractor of PHS. Any and all employees of the
County engaged by the County in the performance of any work or services
required of the County under this Agreement, shall be considered employees or
agents of the County only and not of PHS, and any and all claims that may or
might arise under any workers compensation or other law or contract on behalf of
said employees while so engaged shall be the sole obligation and responsibility of
the County.
v) The County agrees that its employees, agents and its subcontractors, if any, shall
be required to comply with all federal, state and local antidiscrimination laws,
regulations and policies that relate to the performance of County’s services under
this Agreement.
vi) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials County represents that it and/or its employees,
agents and subcontractors engaged in such activities possess such licenses,
certifications, or credentials and that such licenses certifications, or credentials are
current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): Twenty hours per week services of a Registered
Dietitian as provided in accordance with the attached Exhibit 1 PHS Job Description,
WIC Nutritionist, and this Section of the Agreement as provided below:
i) Hiring Responsibility:
(a) OCHD will conduct the recruitment process; however, the PHS shall review
and contribute to the job posting;
(b) All job applications must follow the Orange County and OCHD hiring and
recruitment policies;
(c) The position will be posted on the Orange County job vacancy website.
PHS may create a link to the Orange County vacancy website to advertise
the position;
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(d) PHS will collaborate with OCHD in the selection process by helping to
develop interview questions and serving on the interview and selection
panel.
ii) Job Description: The person in the position will follow the duties described within
the Orange County job description when working with OCHD. While working at
PHS, the person will follow the job duties as described in the PHS job description
for WIC Nutritionist (Exhibit 1). Job duties will be consistent with the scope of
practice for dietitians registered and licensed to practice in North Carolina.
iii) Supervision: OCHD Nutrition Program Manager is the primary supervisor of the
RD. However, PHS will provide on-site supervision of the dietitian for the 20 hours
per week the person works at PHS. PHS will report any practice infractions to
OCHD within twenty-four hours. PHS will work with OCHD to create WPPR
performance measures and consult with OCHD on the annual performance review.
Supervisors will communicate monthly.
iv) Orientation/Training: The RD must attend any County, OCHD and PHS required
orientation and training. OCHD and PHS will discuss training needs and
requirements and develop a mutually agreed upon schedule to meet the
requirements. The contracted dietitian will be trained and proficient in the WIC
Nutritionist role in Crossroads. Training and Orientation may cause the normal work
schedule to vary.
v) Policies/Procedures: The RD shall abide by the rules, policies, and procedures of
PHS in the performance of all services provided under this Agreement (which shall
include, but not be limited to, clinical policies, procedures, and protocols; HIPAA
privacy and security policies; quality assurance standards; standards of conduct; and
grievance and complaint resolution procedures, as amended from time to time) and
shall fully cooperate with PHS, as reasonably requested in PHS’ quality
improvement processes, as well as implementing PHS’ corporate compliance
program or other regulatory certification or accreditation program. PHS shall
provide the RD a copy of all PHS rules, policies, and procedures the RD is expected
to abide prior to the RD commencing performance of the services provided under
this Agreement.
vi) Probationary Period: OCHD has a statutorily required 24 month probationary
period to assess if the employee can perform proficiently. During this period of
time, the Orange County Health Director has the right to terminate the employment
due to unsatisfactory performance. Since this employee will be employed by
OCHD, this would supersede the 90-day probationary period normally applied to
PHS employees. Termination of the RD employment will terminate this Agreement.
vii) Any revenue generated by the RD at PHS while providing the twenty hours of
service shall be the property of PHS.
viii) PHS assumes responsibility for setting fees, billing, collections and dispute
resolutions for RD services provided at the PHS site.
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4. Duration of Services
a. Term. The term of this Agreement shall be from July 1, 2018to June 30, 2019.
b. Scheduling of Services.
i) Regular Schedule. The RD shall work at OCHD on Tuesday and Thursday (8am to
4:30pm) and Fridays (all day). The RD shall work at PHS on Mondays (8am to
5pm) and Wednesdays (8am to 5pm) and Thursday (5pm to 8pm), any changes to
regular schedule or location of the RD will be made by the PHS Supervisor and the
OCHD Nutrition Program Manager. Schedule or location changes must be mutually
agreed upon by both parties in writing.
ii) Excess Time Worked. Any time worked over the twenty hours per week required
under this Agreement shall be paid by PHS.
iii) Holiday Schedule. The RD will follow the holiday schedule adopted by the Orange
County Board of County Commissioners for County employees. If PHS requires
the RD to work during a scheduled holiday, PHS will be responsible for any
overtime or holiday pay.
iv) Leave. The RD will be provided with vacation and sick leave as an Orange County
employee. When the employee is on scheduled leave from Orange County and
PHS, PHS will be required to pay for services when the RD is on approved leave.
The OCHD Nutrition Program Manager will consult with the PHS Supervisor prior
to approving employee requests for vacation and sick leave.
v) The Commencement Date for Basic Services shall be July 1, 2018.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due to the County from PHS for all services under this Agreement. The
maximum amount payable for Basic Services shall not exceed a total of Thirty Five
Thousand Four Hundred Twenty Seven and 50/100 Dollars ($35,427.50) exclusive of
any overtime or holiday pay. Mileage reimbursement shall only be paid when the RD is
working at a location that is not part of the regularly assigned schedule. Mileage will be
reimbursed at the then-current IRS rate (currently 54.5 cents) per mile for a maximum of
100 miles ($54.50). Payment for Basic Services shall become due and payable within
thirty (30) days of the County properly invoicing PHS. The County shall invoice PHS
monthly. Payment shall be subject to provisions of Section 5(b). Payment will begin
only after the employee has been hired to the position and has begun receiving
compensation from the County.
b. Disputes. In the event the amount stated on an invoice is disputed by the PHS, PHS may
withhold payment of all or a portion of the amount stated on an invoice until the parties
resolve the dispute. Should the County fail to perform its duties under the terms of this
Agreement, PHS may, without fault or penalty, withhold any payment associated with
the work to be performed until such time as said work is completed.
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c. Additional Services. PHS shall not be responsible for costs related to any services in
addition to the Basic Services performed by County unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated Renee Kemske to act as the
County's representative with respect to Agreement and shall have the authority to render
decisions within guidelines established by the Health Director and/or the County Board
of Health and shall be available during working hours as often as may be reasonably
required to render decisions and to furnish information.
7. Insurance
a. General Requirements. PHS shall purchase and maintain and shall cause each of his
subcontractors to purchase and maintain, during the period of performance of this
Agreement:
i) Comprehensive General Liability Insurance covering claims arising out of or
relating to bodily injury, including bodily injury, sickness, disease or death of any
of the PHS's employees or any other person and to real and personal property
including loss of use resulting thereof in the amount of at least $ 1,000,000 for
each occurrence and $2,000,00 in the aggregate;
b. Additional Insured. All insurance policies required under this Agreement shall name the
County as an additional insured party. Evidence of such insurance shall be furnished to
the County, together with evidence that each policy provides the County with not less
than thirty (30) days prior written notice of any cancellation, non-renewal or reduction
of coverage.
8. Indemnity
a. Indemnity. PHS agrees to defend, indemnify and hold harmless the County from all loss,
liability, claims or expense, including attorney's fees, arising out of or related to the
Agreement and arising from bodily injury including death or property damage to any
person or persons caused in whole or in part by the negligence or misconduct of PHS
except to the extent same are caused by the negligence or willful misconduct of the
County. It is the intent of this provision to require the PHS to indemnify the County to
the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the PHS. The County shall
proceed to perform the Services required by the Amendment only after receiving a fully
executed Amendment from PHS.
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10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days’ prior written notice to
the PHS.
b. Other Termination. PHS may terminate this Agreement based upon the County's
material breach of this Agreement provided the County has not taken all reasonable
actions to remedy the breach. PHS shall give the County thirty (30) days' prior written
notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the County shall be paid that portion of the fees and
expenses that the employee has earned to the date of termination.
ii) Should this Agreement be terminated, the County shall deliver to PHS within
thirty (30) days, at no additional cost, all deliverables including any electronic data
or files relating to this Agreement.
d. Waiver. The continuation of services by the County under this Agreement or the failure
of the County to require compliance by the PHS with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
11. Additional Provisions
a. Limitation and Assignment. The County and the PHS each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the PHS shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina. Provider shall at all times remain in compliance with all applicable local, state,
and federal laws, rules, and regulations and the Orange County Non-Discrimination
Policy and Orange County Living Wage Policy (each policy is incorp orated herein by
reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php). Any
violation of this requirement is a breach of this Agreement and County may immediately
terminate this Agreement without further obligation on the part of the County. This
paragraph is not intended to limit and does not limit the definition of breach to
discrimination. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter
64 of the North Carolina General Statutes. By executing this Agreement Provider
certifies that Provider has not been identified, and has not utilized the services of any
agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-
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86.58. By executing this Agreement Provider certifies that Provider has not been
identified, and has not utilized the services of any agent or subcontractor identified, on
the list created by the State Treasurer pursuant to G.S. 147-86.81.
c. Confidentiality of Patient Records. All parties agree to abide by all laws and regulations
governing the confidentiality of patient information, including HIPAA privacy rules and
further agree to vigorously safeguard privileged information.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. The Parties may agree to
nonbinding mediation of any dispute prior to the bringing of such suit or action.
e. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the PHS and supersedes all prior negotiations, representations
or agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile
signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Non-Appropriation. PHS acknowledges that County is a governmental entity, and the
validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of
County’s obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to PHS of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County’s statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County’s authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to PHS of
such limitation or change in County’s legal authority.
h. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Piedmont Health Services, Inc.
Attention: Kimberlee Quatrone Attention: Brian Toomey
P.O. Box 8181 127 Kingston Drive
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Hillsborough, NC 27278 Chapel Hill, NC 27514
i. Signatures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the intent of
the Parties to comply with Article 11A and Article 40 of North Carolina General Statute
Chapter 66.
j. Priority: In determining the basic services to be provided, should any documents be
referenced in this Agreement, the terms herein shall have priority in any conflict
between the terms of referenced documents and the terms of this Agreement, except the
Business Associate Agreement.
k. Records Access and Retention. The contractor agrees that the state, USDA, the
Comptroller General of the United States, or any of their duly authorized representatives,
shall have access to any books documents, papers, and records of the contractor which
are directly pertinent to that specific contract, for the purpose of making audit,
examination, excerpts, and transcriptions. The contractors shall maintain all required
records for the period specified in the North Caro lina Department of Health and Human
Resources Records Retention and Disposition Schedule for Local Health Departments,
http://www.records.ncdcr.gov/local/county_health/health_Department_2007.pdf.
l. Title VI and WIC Policy. All activities under this contract will be conducted in
accordance with Title VI, Civil Rights Act of 1964, Section 504 of the Rehabilitation
Act of 1973, and WIC Program rules, regulations and policies. No person shall, on the
grounds of race, color, creed, marital status, national origin, political beliefs, sex or
handicap be submitted to discrimination under the Program.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PHS:
By: _________________________________
Bonnie Hammersley , County Manager
By: __________________________________
Brian Toomey, Executive Director
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Piedmont Health Services
Performance Evaluation/Job Description
Name: WIC Nutritionist Reports to: Lead Nutritionist
FLSA Status: OSHA Category:
Review Period:_______________________ Type of Evaluation: ___________________
JOB SUMMARY
Performs a variety of responsible tasks involving counseling of individuals and families in nutrition principals, diet, food selection,
and economics for the WIC Program.
MINIMUM QUALIFICATIONS
Education: Bachelors degree from an accredited college or university in Nutrition, Public Health Nutrition or Dietetics
Current/valid License: N/A
Experience: One year of public health experience or similar preferred.
PATIENT POPULATION SERVED
Ethnically and racially diverse population of pregnant, breastfeeding, postpartum women, infants and young children and all family members involved.
PHYSICAL DEMANDS/ WORKING CONDITIONS
Requires frequent sitting for long periods, operation of standard office machines and computer. May require lifting of up to 25
pounds. Requires hand-eye coordination and manual dexterity. Requires use of office equipment, such as computer terminals,
telephones or copiers. Requires normal vision range. Work is performed in an office environment. Contact with staff and external
clients and vendors.
Revised: September 2014
Exhibit 1
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RESPONSIBILITIES AND DUTIES
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1. Patient Care:
Determine WIC Program eligibility based on the medical and nutrition risk identified.
Determines risk codes, based on assessment and information presented.
Provides individualized counseling in nutrition and breastfeeding based on needs and resources identified above.
Consults with medical providers, social work and other healthcare providers as needed to provide optimal care.
Conducts counseling in culturally appropriate way to meet the needs of the patients.
Screens immunization records of clients and makes referral as appropriate.
Based on professional discretion determines follow schedule for patient
Communicates with medical providers as needed
Defers to lead nutritionist or RD for additional guidance with patients
Demonstrates the ability to work with diverse patient populations served
Competency Validation: 1 2 3 4
Comments:
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RESPONSIBILITIES AND DUTIES
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2. Quality Control/Safety:
Prescribes or reviews food package to determine adequacy.
Completes WIC certifications
Evaluates all prescriptions for special and therapeutic formula
Helps to ensure a safe environment in clinic with staff and clients.
Competency Validation: 1 2 3 4
Comments:
3. Patient Education:
Asks open-ended questions to obtain additional information.
Provides thorough assessment of each patient and determine appropriate risk code
Based on client centered approach, determines educations topic.
Effectively presents education topic with appropriate handouts.
Determines correct follow-up visit based on risk code.
Documents nutrition education contacts.
Interprets, evaluates, and utilizes pertinent current research relating to nutrition care.
Assists in the development and selection nutrition education materials for use by clients.
Assists in outreach activities.
Competency Validation: 1 2 3 4
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Comments: Nasim is eager about increasing ca
RESPONSIBILITIES AND DUTIES
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4. Procedure Execution:
Reviews chart notes, past visits prior to meeting with patient
Performs anthropometric measurements as needed per standards in the WIC Local Policy and Procedures Manual
and State WIC Policy and Procedures Manual
Follows all procedures and policies as outlined by the WIC local and state Policy and Procedure Manuals
Competency Validation: 1 2 3 4
Comments:
5. Administrative Duties
Assists in ordering of supplies such as State WIC, and free materials.
Assists in problem solving and making recommendations concerning issues pertinent to the WIC Program guidelines
within local agency.
Assists in training of new staff members and interns
Assists in the performance of other administrative duties in relationship to the WIC Program.
In the absence of the lead nutritionist, functions as supervisor on a interim basis
Competency Validation: 1 2 3 4
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Comments:
UNIVERSAL PERFORMANCE STANDARDS
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6. Customer Service (Internal and External Customers)
Demonstrates concern for the rights, privacy and confidentiality of patients and others
Understands the urgency of customer needs and responds quickly
Treats all patients in accordance with the Patient’s Bill of Rights
Considers the impact on patients, visitors and peers when taking action and carrying out one’s own job tasks
Anticipates the needs of patients, visitors, providers and peers and assists them in a helpful, positive manner
Seeks to solve problems for patients and their families and offers assistance and encouragement to others
Communicates with patients/families, visitors and coworkers in a courteous and respectful manner
Demonstrates effective communication recognizing diversity among age groups, cultures, and educational levels
Competency Validation: 1 2 3 4
Comments:
7. Teamwork
Consistently works in a positive and cooperative manner with other employees in and outside of departmental unit
Values and incorporates the contributions of people from diverse backgrounds; demonstrates respect for the
opinions and ideas of others
Assist in training and orientation of new staff
Shares information and own expertise with others to enable them to accomplish goals and objectives
Seeks out opportunities to help rather than waiting to be asked
Assist other team members in the performance of their assignment
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Competency Validation: 1 2 3 4
Comments:
UNIVERSAL PERFORMANCE STANDARDS
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8. Professional Conduct
Maintains professional demeanor in all interactions with patients and staff
Functions independently and completes assignments with minimal supervision
Adapts to changes in the work environment
Maintains acceptable attendance record
Observes work schedule by being punctual for shift, observing designated break schedule, and not leaving work area
while on duty
Adheres to all applicable Center and department rules, policies and procedures
Participates in continuing education , in-services, staff development and meetings
Has completed annual retraining
Responds positively to constructive criticism from peers and supervisors
Competency Validation: 1 2 3 4
Comments:
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UNIVERSAL PERFORMANCE STANDARDS
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9. Efficiency
Completes work in an organized and timely manner
Prioritizes and plans work activities to achieve maximum efficiency
Meets productivity standards
Strives to improve productivity
Minimize non-productive time by filling slow periods with activities such as assisting others, professional
development and education, organization of work area, housekeeping, etc.
Organize job functions and work area to effectively complete assignments
Manage resources efficiently and works to reduce costs and improve quality
Competency Validation: 1 2 3 4
Comments:
10. Quality of Work /Problem Solving
Demonstrates commitment to excellence by consistently looking for ways to improve and promote quality
Identifies problems in a timely manner and develops alternative solutions to problems
Contribute to Continuous Quality Improvement activities
Reports to appropriate person any conflicting cultural values, ethics, or religious beliefs that may impact patient care
Consistently evaluates work and evaluate if further steps are needed to meet customer/patient/management
expectations
Demonstrates sound judgment by taking appropriate actions regarding questionable findings or concerns
Competency Validation: 1 2 3 4
DocuSign Envelope ID: 1F50F7AE-561F-49AE-AF6E-02EC3D46985C
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Comments:
Performance Category
Overall Performance Category for this review period:
____________Exceeds Expectation (An employee consistently exceeds all performance expectations for this period.)
____________Meets Expectations (An employee in this category has met all areas of expectations and effectively demonstrated
relevant competencies.)
____________Needs Improvement (Performance that is acceptable is some, but not all aspects of the job and does not consistently meet basic position
requirements.)
Next Review will be conducted on _____________
Summary / Areas for Improvement
DocuSign Envelope ID: 1F50F7AE-561F-49AE-AF6E-02EC3D46985C
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Signature Page
Employee Comments:
Employee Signature
I have received a written and verbal Performance Review. My signature does not indicate agreement or disagreement with this
review.
Employee Signature________________________________Department________________________ Date _____
Supervisor Signature
I have written and delivered a performance Review for this employee:
Supervisor Signature________________________________ Position_________________________ Date____________________
Executive Director Signature________________________________ Date _____
DocuSign Envelope ID: 1F50F7AE-561F-49AE-AF6E-02EC3D46985C