PROTECTION OF MEMBERS. AGAINST PROVIDER CLAIMS (JAN 1996)
(a) The Carrier shall provide the Contracting Officer with evidence that its contracts with providers (hospitals and physicians) contain a provision that, in the event of Carrier insolvency, or inability to pay expenses for any reason, the providers shall not look to Members for payment. The Carrier agrees that over 90 percent of the total benefit cost under this contract will be provided under such contracts with providers; or
(b) In lieu of subsection (a) above, the Contracting Officer may accept such other combinations of coverage which provide protection of Members against provider claims as defined in the NAIC (National Association of Insurance Commissioners) Model HMO Act, as amended; or
(c) The Carrier shall provide the Contracting Officer with documentation that it has such other appropriate combinations of coverage which would provide protection of Members against provider claims in the event of Carrier insolvency, or inability to pay expenses for any reason.
(d) The Carrier shall notify the Contracting Officer as soon as it is aware that it will not be able to satisfy the requirements stated in subsections (a), (b), or (c) above.
PROTECTION OF MEMBERS. In the event that Blue Shield or a Member notifies Group that a Group Provider (or physician providing coverage for such Group Provider), or another provider who provided Capitated Professional Services to the Member is billing, suing, or otherwise attempting to collect (“Collection”) payment from the Member or person responsible for the Member’s care, other than Copayments, Group shall immediately take all reasonable and appropriate actions to stop such Collection. In the event that Group is unable to timely stop such Collection, as determined by Blue Shield, Blue Shield may take any steps it deems appropriate, including payment of the claim, to stop such Collection. In such event, Blue Shield may deduct and offset such payment from any amount then or thereafter payable by Blue Shield to Group.
PROTECTION OF MEMBERS. A. LEGAL ACTION Whenever any action is brought against a member before the Board or before the Commissioner of Education of the State of New Jersey which may affect his/her employment or salary status, the Board of Education shall reimburse him/her for the cost of his/her defense if the action is dismissed or results in a final decision in favor of the member. This shall not apply to any charges filed by the Board against the member.
PROTECTION OF MEMBERS. Members' Right to Due Process
PROTECTION OF MEMBERS. A. The Board recognizes the member's authority and effectiveness in his classroom is enhanced by administrative backing and support:
1. When an atypical pupil requires the attention of special counselors, social workers, law enforcement personnel, physicians or other professional persons, and the member appropriately refers the matter in writing to the administration, the administration will promptly take a direct interest in the case, take steps to refer the pupil involved to Special Services, and affect a follow-up procedure.
2. In instances of assault on a member and/or student substance abuse, the written requirement shall be waived until such time as a follow-up report can be written.
B. Any case of assault upon a member shall be promptly reported to the administration. The Board will provide legal counsel to advise the member of his rights and legal processes with respect to such assault. Acts of physical aggression by a student directed toward a member, student or any other person shall be promptly reported to the Administration. The Administration will take immediate steps to remedy the situation, initiate prompt remedial action, and affect a follow-up procedure.
C. If a member is injured while in the line of duty, medical and/or surgical, and/or hospital care will be furnished by the Board per the Board's workers' compensation insurance policy.
D. Any complaints or charges directed toward a member shall be promptly called to the member's attention. A member shall be deemed innocent of any and all charges until proven otherwise.
PROTECTION OF MEMBERS. 17.7.01 Any case of physical assault upon a bargaining unit employee while in the course of his/her employ shall be promptly reported to the Board or its designated representative. Providing the employee was acting within the scope of his/her duties and authority and at the request of the employee involved, the Board will provide the
17.7.02 Any absences by the employee because of an assault which results in the employee not being able to perform the essential functions of their regularly assigned duties in the course of his/her employment, shall be fully excused, shall not lose wages, and shall not be considered to reduce the employee's sick day allowance for the first two (2) days, provided a physician’s written verification is received by the Board.
17.7.03 The Board will reimburse the employee for loss or damage to personal property in connection with any assault of said member in the course of employment provided the employee was acting in the scope of his/her duties. Such reimbursements shall take place within two (2) weeks of the presentation of evidence of loss. Limits upon such liability shall be a maximum of five hundred dollars ($500.00), less the amount of insurance payment the employee may be entitled to through personal or school district insurance plans.
17.7.04 If any bargaining unit employee is complained against or sued by reason of performing the duties or responsibilities of his/her job consistent with the Board’s policy, the Board will provide legal counsel and render all necessary assistance to the employee in his/her defense, if employee follows all applicable laws, policies, and regulations.
17.7.05 No member will work in a school building unless an administrator or another employee is on duty.
PROTECTION OF MEMBERS. Members shall not be required to work under unsafe or hazardous conditions as determined by proper regulatory authority, such as the Oklahoma State and Federal Departments of Health and Human Services, OSHA, local police and fire departments. Member concerns shall be reported in writing to his/her principal and the report shall be forwarded to the Superintendent or designee. Any Member who is threatened with harm while performing his/her duties shall notify the building principal. The principal shall notify the proper authorities, if necessary, and shall provide such assistance, advice and moral support as required. In the event a student is suspended for assaulting a teacher (or staff member), and in the event the student returns, administration will make reasonable efforts to inform the staff member prior to their return. Any member who is unable to continue his/her contract of employment as a result of injury sustained in the reasonable performance of his/her duties from
1. Assault by a pupil, relative of a pupil or person of the pupil's household; or
2. Injury sustained as a result of quelling or attempting to quell or stop a fight, disorder or any disturbance related to a school function or activity shall be paid his/her full contract salary for the period of time as he/she is prevented from working as a result of injuries sustained during the performance of his/her duties up to the remainder of the contract year in which he/she was injured. Nothing in this article should be construed to limit a Member's right to contact law enforcement when warranted or to seek additional legal recourse, such as filing criminal charges or pursuing other criminal or civil law remedies available to the Member. (2002, 2014)
PROTECTION OF MEMBERS. A. The Board recognizes its responsibility to give all reasonable support and assistance to employees with respect to maintenance of control and discipline in the classroom.
B. Employees shall be expected to exercise reasonable care and use prudent judgment with respect to the safety of pupils and property.
C. Any case of assault upon an employee arising out of or in the course of the employee’s employment shall be promptly reported to the Board or its chief administrator. The Board shall provide legal counsel to advise the employee of his/her rights and obligations with respect to such assault and shall render all reasonable assistance within the limits of its liability coverage to the employee in connection with handling of the incident by law enforcement and judicial authorities.
D. If legal suit is brought against any employee as a result of release of confidential information or misuse of such information, the Board will furnish legal counsel for said teacher only if the Board has determined he/she has acted professionally and then only if requested by said employee.
E. If any employee is complained against or sued for disciplinary action taken by the employee against a student, the Board will provide legal counsel and render all necessary assistance within the limits of its liability coverage to the employee in his defense. However, such Board support will not be provided in cases of gross negligence or gross misconduct.
F. Any employee who in the line of duty sustains injury requiring the absence from work which qualifies for payment under the Workers’ Compensation Act will be paid during the period of such disability the difference between his regular salary and the amount received as payment under the Workers’ Compensation Insurance Program for as long as the employee has illness/injury leave days accumulated. The employee’s illness/injury leave shall be reduced by one-quarter (1/4) day for each full day absent from work during such disability period. Upon expiration of the employee’s accumulated illness/injury leave, the Board will furnish only medical, surgical and hospital care benefits as provided by the Workers’ Compensation Insurance.
G. An employee who is injured on the job in the performance of their job duties and provides the Board with medical verification of such injury, shall not be charged any Illness/Injury Leave days, as a result of such injury, and shall be paid their full pay until such time as Workers’ Compensation goes into eff...
PROTECTION OF MEMBERS. A. Pursuant to the Statutes of the State of New Jersey:
1. 18A:6-l - No person employed or engaged in a school or educational institution, whether public or private, shall inflict or cause to be inflicted corporal punishment upon a pupil attending such school or institution, but any such person may, within the scope of his/her employment, use and employ such amounts of force as is reasonable and necessary:
a. to quell a disturbance, threatening physical injury to others.
b. to obtain possession of weapons or other dangerous objects upon the person or within the control of a pupil.
c. for the purpose of self-defense; and
d. for the protection of persons or property; and such acts, or any of them, shall not be construed to constitute corporal punishment within the meaning and intendment of this section. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or authorizing corporal punishment to be inflicted upon a pupil attending a school or educational institution shall be void.
2. 18A: 16-6 - Indemnity of officers and employees against civil actions: Whenever any civil action has been or shall be brought against any person holding any office, position or employment under the jurisdiction of any board of education, including any student teacher, for any act or omission arising out of and in the course of the performance of the duties of such office, position, employment or student teaching, the board shall defray all costs of defending such action, including reasonable counsel fees and expenses, together with costs of appeal, if any, and shall save harmless and protect such person from any financial loss resulting therefrom; and said board may arrange for and maintain appropriate insurance to cover all such damages, losses and expenses.
3. 18A: 16-6. 1- Indemnity of officers and employees in certain criminal actions: Should any criminal action be instituted against any such person for any such act or omission and should such proceeding be dismissed or result in final disposition in favor of such person, the board of education shall reimburse him for the cost of defending such proceeding, including reasonable counsel fees and expenses of the original hearing or trial and all appeals.
B. Members shall not be required to work under unsafe or hazardous conditions or to perform tasks which endanger his/her health, safety or well-being. In the event of ‘any disorder or disruption in the regular school program, the Association shall have th...
PROTECTION OF MEMBERS. 1. Except as otherwise provided in Paragraph IV below, in no event, including, but not limited to, non-payment by EmblemHealth or a Payor, EmblemHealth or a Payor’s insolvency or any other breach by EmblemHealth of the terms of this Agreement, shall Practitioner xxxx, charge, collect a deposit from, seek compensation, remuneration or reimbursement from or maintain any action or have any recourse against, any Member or person(s) acting on a Member’s behalf, for Covered Services provided under this Agreement. Practitioner agrees not to impose any administrative fees or surcharges to Members under any circumstances. This provision does not prohibit Practitioner from collecting Copayments (up to the Prevailing Plan Fee Schedule), Coinsurance or Deductibles as specifically stated in the Remittance Advice and provided in accordance with the terms of the Member’s Benefit Program
2. Practitioner agrees that the provisions set forth in this Section shall survive the termination of this Agreement, regardless of the cause giving rise to the termination, including insolvency of EmblemHealth, and shall be construed to be for the benefit of Members.