MEMORANDUM OF UNDERSTANDING between the … · 6.1 This MOU is designed to serve as an expression...

MEMORANDUM OF UNDERSTANDING

between the

CANADIAN FOUNDATION FOR HEALTHCARE IMPROVEMENT

and the

NAME OF PARTNER

Date of Sending

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ARTICLE 1: INTRODUCTION

1.1 The Canadian Foundation for Healthcare Improvement (“CFHI”) and the NAME OF PARTNER (“Acronym for PARTNER”) are working together to facilitate their participation in CFHI’s Acute Care for Elders (ACE) Quality Improvement Collaborative (“the ACE Collaborative”). The ACE Collaborative is a quality improvement collaborative for spreading evidence-informed elder-friendly practices in acute care hospitals across Canada and internationally. CFHI will evaluate results from participating teams and analyze collective lessons learned about spreading innovation.

1.2 Using an adult learning approach, the ACE Collaborative will promote networking and

collaborative exchange among all participating teams and will include, but will not be limited to: Participation of the teams via an initial orientation webinar on March 17, 2016. Monthly team educational webinars, which will focus on how to design, assess,

implement and spread elder-friendly practices within healthcare delivery organizations. Monthly educational webinars for measurement leads, which will focus on data

collection, analysis and visualization as it relates to the CFHI collaborative measurement and data collection plan.

Regularly scheduled team progress reporting webinars. One in-person workshop. CFHI will draw on its extensive network of faculty (core and guest), coaches and staff to

support teams in every step of the change management process from assessing their challenges, articulating clear improvement objectives, designing solutions, implementing models of care improvements and evaluating outcomes.

Coaching calls with individual teams to ensure a rapid pace for testing change and to troubleshoot any barriers encountered, as needed.

Affinity calls on topics selected by teams, as needed. Access to online learning tools and activities.

1.3 This memorandum of understanding (“MOU”) will provide a framework to [PARTNER

ACRONYM]’s participation in the ACE Collaborative.

ARTICLE 2: DEFINITIONS 2.1 For the purposes of this document:

(a) This memorandum of understanding will be referred to herein as the “MOU”. (b) The parties will be referred to herein as “CFHI” (the Canadian Foundation for Healthcare

Improvement) and “[ACRONYM FOR PARTNER]” (FULL NAME OF PARTNER) for the purposes of this document, except where a party is specifically named in this MOU.

(c) Acute Care for Elders Quality Improvement Collaborative will be referred to herein as the

“ACE Collaborative”.

(d) “Intellectual Property” means any and all patents, trade-marks, rights in design, trade, business or domain names, copyright and any registrations, applications for registration, or rights to apply for registration of any of the foregoing, rights in concepts, inventions,

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know-how, trade secrets and all other intellectual property rights which may now or in the future exist.

(e) “Joint Work Product” means all works of authorship, including but not limited to presentations, memoranda, notes, reports, surveys, compilation of data, documents and other work product resulting from the collaborative activity(ies) in print or in other media, that are produced as part of the ACE Collaborative and this MOU.

ARTICLE 3: VISION

3.1 CFHI and [PARTNER ACRONYM] are compatible organizations committed to healthcare and health system improvement.

3.2 CFHI and [PARTNER ACRONYM] are committed to spreading innovation and evaluation of

the results. 3.3 CFHI and [PARTNER ACRONYM] have a common interest in working together to:

Improve elder-friendly care practices at the system-delivery level; Build capacity of hospital leaders, front-line managers and care providers to

effectively implement elder-friendly care components; Develop organizational collaborative peer-to-peer coaching capacity in the

dissemination of elder-friendly care practices; Spread and evaluate established and evidence-informed elder-friendly care

practices in acute care settings; and Analyze collective lessons as they related to spread.

3.4 CFHI and [PARTNER ACRONYM] will share as appropriate, projects and activities that each is

leading and/or participating in with the goals of adding capacity, working together as appropriate, assisting each other in knowledge and/or evidence dissemination to each other and identifying opportunities for additional areas for future value add to the broad healthcare system.

3.5 Both CFHI and [PARTNER ACRONYM] will work to assist each other in knowledge translation, transfer and greater deployment and information sharing between each other as a value to the health system. This includes sharing networking and contact information as a collaborative way to share capacity and expand their positive, collective and individual value added to the health system.

ARTICLE 4: OVERVIEW OF THE CANADIAN FOUNDATION FOR HEALTHCARE

IMPROVEMENT 4.1 Aspiration

To deliver demonstrable results for Canadians by improving patient and family experience and care, population health and value for money.

4.2 Mission The Canadian Foundation for Healthcare Improvement identifies proven innovations and accelerates their spread across Canada by supporting healthcare organizations to adapt,

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implement and measure improvements in patient care, population health and value for money.

4.3 Goals

To improve health system performance by: maximizing value for money in healthcare spending, improving patient and family experience of care, improving patient outcomes, and

To improve the health of Canadians.

4.4 CFHI believes that to achieve success in the areas mentioned in Articles 4.1-4.3 above and to accelerate high-quality, affordable, patient-centred healthcare for Canadians, changes are required in the ways in which healthcare in Canada is organized, financed, managed and delivered.

4.5 CFHI works shoulder to shoulder with policy-makers, managers, front-line providers, patients and families to provide the analysis, processes, tools, learning systems and leadership development needed to accelerate change.

4.6 CFHI also works with an extensive network of expert faculty, coaches and mentors who are Canadian and international senior health leaders.

4.7 CFHI provides mentoring for change management to achieve results and support performance measurement to track change. CFHI captures the learnings, shares it with CFHI partners and works to spread these results across Canada.

4.8 The approach used is consistent; however, its application is customized to meet the needs of the participating teams in the ACE Collaborative.

ARTICLE 5: OVERVIEW OF THE [NAME OF PARTNER] 5.1 [PARTNER ACRONYM MISSON/VISION AND/OR DESCRIPTION OF ORGANIZATION]

5.2 [PARTNER ACRONYM GOALS]

ARTICLE 6: TERMS OF THE AGREEMENT 6.1 This MOU is designed to serve as an expression of the intentions of each party in facilitating

the participation in the ACE Collaborative. It allows flexibility for the parties to comply with the policies and procedures at their respective organizations. This MOU is binding and will enure to the benefit of and be binding upon each of the parties and the respective successors and assigns.

6.2 In recognition of shared responsibilities for the outcomes of the ACE Collaborative, the

following terms and conditions apply to [PARTNER ACRONYM]:

(a) Facilitate release of the team members (the “Team Members”) listed in Attachment 3 from duties to permit participation in activities of the ACE Collaborative, as outlined in Attachment 1, the parties recognizing that these activities may evolve and change over the course of this MOU;

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(b) Ensure organizational commitment and that the collaborative goes smoothly and has maximum impact, including providing advice and support to mitigate problems;

(c) Provide CFHI with any changes to the composition of the Team Members and with any changes to contact information set out in Attachment 3 for Team Members;

(d) Participate fully in evaluation and measurement of the ACE Collaborative; and (e) Collaborate with CFHI on communications activities, recognizing CFHI as the

communications lead of the ACE Collaborative. CFHI will involve and work with [PARTNER ACRONYM] in any requests to profile specific information and data related to these organizations prior to any public announcement or news media.

6.3 In recognition of shared responsibilities for the outcomes of the [PARTNER ACRONYM]’s

participation in the ACE Collaborative, the following terms and conditions apply to CFHI:

(a) Provide the team leads listed in Attachment 3 (the “Team Leads”) with access to an online learning platform dedicated to the ACE Collaborative;

(b) Provide resources on the online platform and through webinars and in-person activities, in a timely fashion, to support Team Members to implement and evaluate the ACE Collaborative;

(c) Communicate with the Team Leads as needed to assess status, progress, and general satisfaction with the ACE Collaborative;

(d) Ensure reasonable access to CFHI faculty support for the duration of the ACE Collaborative; and

(e) Support continuous evaluation of the overall ACE Collaborative program to ensure that its structure and content continue to meet the objectives of Team Members and the organizations.

6.4 Notwithstanding anything to the contrary in this Agreement, CFHI and [PARTNER

ACRONYM] may at any time amend this MOU by mutual written agreement.

ARTICLE 7: TERM 7.1 This MOU will commence upon the last date of signing of this MOU and continue until

March 31, 2017.

ARTICLE 8: SHARED GOALS 8.1 The parties agree to participate in regular meetings to discuss ways to achieve mutual goals.

Informal communication will ensure maximization of the goals and opportunities for [PARTNER ACRONYM]’s participation in the ACE Collaborative.

ARTICLE 9: ACKNOWLEDGEMENT AND COMMUNICATION

9.1 CFHI and [PARTNER ACRONYM] will ensure that all Joint Work Product will be subject at all times to Article 11 of this MOU.

9.2 Subject always to Article 11 of this MOU, each party to this MOU will assist in dissemination, reference and referral of each other’s research, publications, evidence, and announcements in relation to the ACE Collaborative to demonstrate the collaboration between the parties and to ensure greatest knowledge transfer and evidence dissemination between the parties.

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9.3 Notwithstanding anything to the contrary in this Agreement, no party shall use the, trademark, or logo of the other party in any publicity, promotion, news release or disclosure relating to ACE Collaborative, without the prior express written permission of an authorized representative of the other party, except as may be required by law. CFHI will involve, work with, and obtain the approval of [PARTNER ACRONYM] in any requests to profile specific [PARTNER ACRONYM] information and data prior to any public announcement or news media.

ARTICLE 10: FINANCIAL ARRANGEMENTS 10.1 The budget allotments for specific activity(ies), which may include other organizations, are

detailed in Attachment 2. Notwithstanding anything else to the contrary contained herein or elsewhere, [PARTNER ACRONYM] shall be permitted to reallocate pre-defined budget categories and/or funds in Attachment 2 if it determines that an alternative budget allocation will serve the ACE Collaborative objectives; however, [PARTNER ACRONYM] must obtain prior approval from CFHI before such a reallocation occurs to ensure that the overall objectives of the ACE Collaborative are met.

ARTICLE 11: INTELLECTUAL PROPERTY

11.1 Intellectual Property use and ownership will be based on the following understanding:

(a) CFHI and [PARTNER ACRONYM] agree that sharing and spreading the outcomes, innovations and learnings from the ACE Collaborative are important to inform health system improvement. In addition, CFHI and [PARTNER ACRONYM] agree to work together to ensure that any dissemination and spread related to the ACE Collaborative outcomes will be done in a way which properly acknowledges and ensures that the ownership and intellectual property rights of CFHI, [PARTNER ACRONYM] and third parties are protected and preserved.

(b) Unless expressly agreed to the contrary, each party shall retain ownership of intellectual

property rights in Intellectual Property developed solely by that party.

(c) CFHI will have exclusive ownership of the copyright in all Joint Work Product. For the avoidance of any doubt and by way of perfection of legal rights, [PARTNER ACRONYM] will assign to CFHI all rights and interests in such copyright to the Joint Work Products. [PARTNER ACRONYM] accepts that CFHI may edit, copy, add to, take from, adapt, alter and translate the Joint Work Products in exercising the rights assigned.

(d) CFHI hereby grants to [PARTNER ACRONYM] a non-exclusive, irrevocable, perpetual,

world-wide, royalty-free, non-transferrable license to use the Joint Work Product resulting from the ACE Collaborative, including the right to edit, copy, add to, take from, adapt, alter and translate the Joint Work Product, provided that such use is for a non-commercial purpose, accompanied by a notice acknowledging the contribution of all parties to the Joint Work Product and in compliance with the confidentiality provisions of this MOU.

(e) Papers, reports and other documentation resulting from the ACE Collaborative

activity(ies) will be disseminated to the broader community, in various formats, including making them available to the public and permitting the public to copy, distribute, and

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display them freely. These formats will include summaries and reports, which will be available on CFHI and [PARTNER ACRONYM] web sites.

(f) In the situation where CFHI and [PARTNER ACRONYM] reproduce or post material

developed solely by the other organization on their web site, the organizations agree that the rights to the Intellectual Property remain with the organization that initially developed the material. Any use or distribution of the material beyond what is agreed to in the corresponding MOU schedule will be subject to further negotiation and agreement by the organization that retains the intellectual property and copyright.

11.2 Parties understand and agree that they will provide appropriate acknowledgement and

attribution to one another for the work done in the ACE Collaborative when disseminating information and/or products from the ACE Collaborative activity(ies).

ARTICLE 12: DISPUTE RESOLUTION 12.1 Any dispute or disagreement concerning interpretation of this MOU will be resolved through

consultation between CFHI and [PARTNER ACRONYM]. The parties will attempt in good faith to consult and negotiate a resolution of the dispute; however, if the parties are unable to do so, then the parties will have all other remedies available to them at law.

ARTICLE 13: PRIVACY AND CONFIDENTIALITY

13.1 All parties agree to participate in the Activities, including but not limited to, CFHI’s evaluation for the ACE Collaborative. The parties agree to share information and measurement data related to achieving the objectives of the overall collaboration with other members of the ACE Collaborative. However, the parties understand that information obtained and/or learned as part of the ACE Collaborative will remain confidential. Parties will enter into non-disclosure agreements in a form to be determined in order to protect confidential information.

13.2 The parties do not expect to share personal information or personal health information as

part of the ACE Collaborative, and any personal information or personal health information will be shared only in non-identifiable and/or aggregate format. [PARTNER ACRONYM] will ensure that any disclosure of data to CFHI complies with applicable provincial and federal privacy legislation.

13.3 CFHI agrees to act promptly to return to [PARTNER ACRONYM] any documents containing

private patient information that may come to be shared in error with CFHI in the course of the ACE Collaborative. CFHI will cooperate with the [PARTNER ACRONYM] to address any confidentiality issues that may arise in the course of the ACE Collaborative.

13.4 Notwithstanding any termination or expiration of this MOU, the obligations of confidentiality

set forth in this Article 13 shall survive and continue to be binding upon [PARTNER ACRONYM], its successors, and assigns until seven (7) years after such termination or expiration.

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ARTICLE 14: INDEMNIFICATION AND INSURANCE 14.1 Each party hereby agrees to indemnify and hold harmless each other from and against any

and all liability, loss, costs, damages, and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits, or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the ACE Collaborative or otherwise in connection with this MOU, unless solely caused by negligence or wilful misconduct of either party.

14.2 Each party confirms that it has, and will maintain for the term of this MOU, at its own cost and

expense, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the ACE Collaborative would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than five million dollars ($5,000,000) per occurrence.

ARTICLE 15: SUPPORT FOR ACTIVITY(IES)

15.1 In support of [PARTNER ACRONYM]’s participation in the ACE Collaborative and the

activity(ies) outlined in Attachment 1 of this MOU:

(a) CFHI will provide administrative support to keep the ACE Collaborative on track. Such administrative support consists of hosting leadership briefing meetings and dialogues; develop and deliver tailored workshops to teams; liaise with faculty, mentors and coaches; support strategic communications of the ACE Collaborative, its activities and undertakings:

(b) Subject to Article 11, CFHI and [PARTNER ACRONYM], working together, will

facilitate complementary support of improvement strategies by collaborating with policy-makers, front-line professionals, patients and other stakeholders needed to find, interpret and distill evidence, assess solutions and system readiness as well as devise implementation and spread plans;

(c) CFHI and [PARTNER ACRONYM], working together, will problem-solve and course-

correct in real-time with leadership and teams on practical field and policy-level solutions, e.g., addressing such issues as scalability approaches and workarounds; will offer safe spaces to address policy barriers; will provide change management facilitation; and will act as a trusted advisor and broker;

(d) CFHI will bring or leverage supportive capacity for change management through

providing Team Members and Team Leads with access to faculty, coaches and mentors, customized curriculum and opportunities to learn together and share knowledge;

(e) CFHI and [PARTNER ACRONYM], working together, will facilitate change

management through embedded developmental evaluation, research and performance management approaches; and

(f) CFHI and the [PARTNER ACRONYM], working together, will develop channels for

rapid and real-time exchange of evidence, innovation and ideas.

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ARTICLE 16: FUNDING AGREEMENT Application Information: File Number: [INSERT FILE NUMBER] (“INSERT ACRONYM”)

Award Amount:

CFHI FUNDING Total Cash $XXXXXXXX

***All financial transactions such as invoices and invoice settlements will be issued in Canadian dollars only. Partner(s) Information: Administering Organization for this Project Contact: [INSERT SALUTATION AND NAME] [INSERT TITLE] [INSERT DEPARTMENT] [INSERT ORGANIZATION] [INSERT ADDRESS] [INSERT CITY, PROVINCE, POSTAL CODE] Tel: [INSERT TELEPHONE NUMBER, INSERT EXTENSION IF APPLICABLE] Fax: [INSERT FAX NUMBER] Email: [INSERT FULL EMAIL ADDRESS] Administering Organization for the Project Oversight [PARTNER ACRONYM OR NAME OF ADMINISTERING ORGANIZATION] is responsible for the financial administration of the MOU funds. They must maintain financial records and provide CFHI with the required financial statement of accounts as defined below. Financial Reporting A financial claim for half the approved budget must be sent by [PARTNER ACRONYM OR ADMINISTERING ORGANIZATION] to CFHI by March 17, 2016 and September 30, 2016. The financial claim must be signed by an authorized officer of [PARTNER ACRONYM or NAME OF ADMINISTERING ORGANIZATION] for this MOU. In addition, a final financial report must be submitted within thirty (30) days of the completion of the MOU, March 31, 2017. The statement of account must provide the following:

an overview of financial activity by pre-defined budget category (e.g., personnel; travel; supplies and services; equipment; and communications);

documentation of any budget reallocations and unspent funds; and explanations of significant variances that were not approved by CFHI in advance.

The format in which the information is presented is at the discretion of [PARTNER ACRONYM OR NAME OF ADMINISTERING ORGANIZATION].

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Financial Records It is the responsibility of [PARTNER ACRONYM] to provide CFHI with any proposed changes to the approved budget in Attachment 2 and to confirm CFHI approval before implementing changes. [NAME OF PARTNER OR NAME OF ADMINISERTING ORGANIZATION] is expected to maintain complete books and records of expenditures for the MOU funds, together with appropriate supporting documentation. These books and records are to be made available for inspection at reasonable times if deemed necessary by CFHI. CFHI, at its expense, may audit or have audited the records of [PARTNER ACRONYM OR NAME OF ADMINISTERING ORGANIZATION] for the MOU funds insofar as they relate to the disposition of the funds, and [PARTNER ACRONYM OR NAME OF ADMINISTERING ORGANIZATION] shall provide all necessary assistance in connection therewith. Records must be kept for at least seven (7) years after completion of the project. Repayment of Unspent Funds Any funds remaining in the account set up in relation to the MOU at the time of submission of the final financial claim must be returned to CFHI. CFHI CONTACT: Meghan Rossiter Program Officer, Collaboration for Innovation and Improvement Tel.: 506-232-5847

Email: Meghan.Rossiter @cfhi-fcass.ca

ARTICLE 17: TERMINATION

18.1 This MOU may be terminated by either CFHI or [PARTNER ACRONYM] on the condition that a minimum of three (3) months’ notice is provided in writing to the other party. Notwithstanding such termination, each party will be liable for the payment of its own commitments entered into prior to the termination date.

ARTICLE 18: ATTACHMENTS

The following attachments are included with this MOU: Attachment 1: Draft Timeline Attachment 2: Approved Budget Attachment 3: Team Members and Contact Information

<< SIGNATURE PAGE FOLLOWS>>

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IN WITNESS HEREOF, the Canadian Foundation for Healthcare Improvement and the [NAME OF PARTNER] (“PARTNER ACRONYM”) have caused this MOU to be duly executed as indicated below.

For the Canadian Foundation for Healthcare Improvement Maureen O’Neil, O.C. Date President For the [NAME OF PARTNER] [INSERT NAME] Date [INSERT TITLE] [INSERT ADDITIONAL NAMES AND TITLES AS NEEDED WITH DATE]

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ATTACHMENT 1: DRAFT TIMELINE

Acute Care for Elders (ACE) Collaborative For the ACE Collaborative, CFHI staff and faculty will design, in collaboration with selected teams, content and facilitate exchange on key topics for implementing innovation, including:

Spread plan development, implementation and measurement Elder-friendly practices Quality improvement Relationship building with patients, families and front-line providers for improvement Self-management support and patient and family eduction High-impact leadership and management Sustainability and spread Data collection and analysis Communication strategies

February 2016 Expression of commitment submissions and organization selection: Expressions of commitment (applications) will be reviewed and screened. The deadline for submission of expression of commitment is February 1, 2016. Pre-work email: Teams will be introduced to the improvement charter and asked to submit it prior to the orientation webinar. March 2016 Announcement of teams accepted: Teams will be notified of their acceptance on February 26, 2016. A formal announcement of the teams accepted into the ACE Collaborative will take place in March 2016 (Date TBD). As CFHI intends to make a media announcement at that time, we request that you work with Graeme Wilkes, CFHI`s Senior Director, Communications and Government Relations, at [email protected] to coordinate any media announcements your team/organization wishes to make. Memorandum of Understanding (MOU) with CFHI: By March 11, 2016, participating organizations must sign and return an MOU with CFHI. Each MOU will form the basis of commitment between CFHI and [PARTNER ACRONYM]. March 2016 – March 2017 From March 2016 through March 2017, the following abbreviated timeline and content is DRAFT, for discussion and refinement as teams are selected and needs assessed.

mailto:[email protected]

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ACTIVITY DETAILS March 2016 – March 2017

DATE DESCRIPTION

March 17

Welcome/Orientation Webinar Length: 2 hours Participants: All team call *Note: At least two members from each team are expected to attend the

orientation webinar.

APRIL 8

Content Webinar 1 Length: 2 hours Participants: All team call

APRIL 29

Measurement Webinar 1 Length: 2 hours Participants: Measurement leads only

MAY 26


JUNE 17


JUNE 21, 23, 24

Content Webinar 3/Progress Updates Length: 2.5 hours Participants: All team call

SEPTEMBER 8


SEPTEMBER 29


OCTOBER 14


OCTOBER 28


NOVEMBER 18


DECEMBER 9 Measurement Webinar 5

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DATE DESCRIPTION

Length: 2 hours Participants: All team call

ACTIVITY DETAILS

January – March 2017

DATE DESCRIPTION

JANUARY 20 Content Webinar 7 Length: 2 hours Participants: All team call

FEBRUARY 9, 10, 11

Team Progress Reporting Webinars Length: 2.5 hours Participants: All team call

FEBRUARY 29 Deadline for submission of final reports

MARCH 9

Content Webinar 8 Length: 2 hours Participants: Measurement leads only

June (TBD) Content Webinar 9/90-day Follow-Up

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ATTACHMENT 2: APPROVED BUDGET

The information below confirms the CFHI approved budget amount and items for Acute Care for Elders (ACE) 12-month Quality Improvement Collaborative. It is the responsibility of [PARTNER ACRONYM] to provide CFHI with any proposed changes to the approved budget and to confirm CFHI approval before implementing changes.

Budget Summary

Category Description Amount

Personnel $XXXXXX

Travel $XXXXXX

Equipment $XXXXXX

Supplies and Services $XXXXXX

Total $XXXXXX

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ATTACHMENT 3: TEAM MEMBERS AND CONTACT INFORMATION CEO (or person of highest accountability in the organization) [INSERT NAME, TITLE, FULL ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS] Member of Senior Management (Including a Clinical and Administrative Lead) [INSERT NAME, TITLE, FULL ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS] Team Lead [INSERT NAME, TITLE, FULL ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS] Evaluation and Measurement Lead [INSERT NAME, TITLE, FULL ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS] Physician Champion [INSERT NAME, TITLE, FULL ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS] Nurse Champion [INSERT NAME, TITLE, FULL ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS] Patient and Family Caregiver Advisor [INSERT NAME, TITLE, FULL ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS] [INSERT ROLE OF OTHERS AS NEEDED ALONG WITH INFORMATION AND DELETE ANY ROLE(S) THAT MAY NOT BE APPLICABLE]

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