Elliott, we had that clause several years ago.  As a state institution
claiming sovereign immunity, we do not absorb any risk related to human
subjects participating in research except malpractice insurance.  My memory
is that we got the Army to relent to that extent.

Chuck

At 02:30 PM 5/6/2002 -0400, you wrote:
>We are about to be awarded a grant from the Army that involves human
>subjects, and the Army is requiring the following clause in the notice of
>award.
>
>The recipient has, and will maintain, sufficient insurance to provide
>medical care to each research subject, at no cost to the subject, for
>injury or illness that is a direct result of the subject's participation
>in the research.  The subject will not be required to use his or her own
>health insurance to provide or pay for such medical care.  In the absence
>of a provision in this document that states otherwise, the Federal
>Government (including the Department of Defense and the United States
>Army) is not responsible for providing such medical care to research
>subjects, paying such medical care costs, or reimbursing the recipient for
>such costs or for insurance purchased to provide the medical care.
>
>We have never seen this clause in an agreement from the Army in the past.
>Has anyone else seen this clause and if so have you accepted it.  If not
>were you able to get it removed or altered to be less broad? If you kept
>the clause have you discussed the issue with your counsel, risk management
>or insurance people and how was the issue resolved?
>
>Elliott
>
>Elliott C. Kulakowski, Ph.D.
>Director
>Research and Technology Development
>Korman Research Pavilion, Suite 100
>Albert Einstein Healthcare Network
>5501 Old York Road
>Philadelphia, PA 19141
>
>phone: 215-456-7215
>fax;      215-456-8122
>e-mail:  <mailto:xxxxxx@.einstein.edu>xxxxxx@.einstein.edu

Herbert B. Chermside, CRA
Director, Sponsored Programs Administration
Virginia Commonwealth University
PO BOX 980568
Richmond, VA  23298-0568
Express Delivery Only:
 Sanger Hall, Rm. 1-032A
 11th & Marshall Streets
 Richmond, VA  23219
Voice:  804-828-6772
Fax     804-828-2521
OFFICE e-mail   xxxxxx@VCU.EDU
Personal e-mail xxxxxx@vcu.edu
http://views.vcu.edu/ospa/

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