General Policies & Procedures: Moonlighting Policy
University of Minnesota Medical School (UMMS)
Graduate Medical Education (GME) Administration
Policy: Moonlighting Policy
Effective Date: 6.25.04
Approved by GMEC: 6.25.04
Revision Date: 1.21.11; 11.18.08, 3.06; 4.3.07
Distribution: R/F; PD; PC; Institution Policy Manual; GME website
Policy Owner: GME Administration
The purpose of this policy is to provide residents/fellows (trainees) and their programs with information on managing moonlighting in compliance with the ACGME, CMS regulations, immigration law and the Minnesota Board of Medical Practice. If statements in this policy contradict that of the ACGME, CMS, immigration law or the Minnesota Board of Medical Practice, their policies take precedence.
Trainees must not be required to engage in moonlighting activities. Moonlighting activities are not included as part of the educational program in the residency/fellowship programs. Moonlighting activities must not conflict with the scheduled and unscheduled time demands of the educational program and its faculty. PGY-1 residents are not allowed to moonlight in accordance with the Duty Hour requirement set forth by the ACGME effective July 1, 2011.
All moonlighting, regardless of where it occurs, must be reported and counted towards the trainees’ weekly 80 hour duty limit in accordance with the revised ACGME Duty Hour Requirements.
Trainees on J-1 visas are not permitted to be employed outside the residency/fellowship program. Therefore they are not allowed to moonlight.
A trainee on an H-1B visa wishing to moonlight must obtain a separate H1-B visa for each facility where the trainee works outside the training program.
- Trainees who wish to moonlight are required to obtain prospective permission from their program directors. Failure to provide this information is grounds for discipline under Section VI of the Residency/Fellowship Agreement.
- Trainees must report, in the Residency Management Suite (RMS) all l moonlighting hours to their Program Director on a regular basis as they count towards the trainee’s weekly 80-hour duty limit.
- The Program Director determines the moonlighting policy for all trainees within their program.
- Program directors will acknowledge in writing their awareness that a trainee is moonlighting and will include this information in their training file.
- Program directors may withdraw permission to moonlight for any given trainee or group of trainees if those activities have been shown to interfere with their performance or violate duty hours.
Moonlighting activities and any activities that are not part of the formal education program are not covered under the University of Minnesota professional liability policy.
Trainees engaged in moonlighting activities must be properly licensed and credentialed as determined by the organization where they moonlight.
If a trainee is moonlighting on inpatient services, at a hospital which is part of the residency program, neither the hospital nor a clinical group can bill for the resident’s services.
If a trainee is moonlighting in the ER or outpatient clinic, at a hospital where they have rotations, the hospital may be able to bill for their services if the trainee:
- is licensed and credentialed to practice in that hospital;
- has their own malpractice insurance coverage; and
- has a separate contract which identifies how the moonlighting duties are separate from regular resident duties and not part of the program.
If a trainee moonlights at a hospital which is outside the residency/fellowship program billing may be allowable for his/her services, and it is the hospital’s responsibility to determine if billing is appropriate.