18-300 University Policy for Medical Treatment of Human Subjects for Injuries Resulting from Participation in Research

University policy for medical treatment of human subjects for injuries resulting from participating in research, which was issued by Presidential Memorandum, January 19, 1979, is restated in part in 18-310 through 18-340. (See Contract and Grant Memo for full text copy).

18-310 Provisions of Medical Treatment or Reimbursement of Medical Costs

The University of California will provide to any injured subject any and all medical treatment reasonably necessary for any injury or illness which a human subject suffers as a direct result of participation in an authorized University activity covered by University policy on the protection of human subjects in research or reimburse the subject for the costs of such treatment, except when the injury or illness is a consequence of a medical research procedure which is designed to benefit the subject directly.

18-320 Conditions of the University's Obligation to Provide Medical Treatment

The obligation of the University undertaken in paragraph 18-310 shall be subject to the following conditions:

a. It must be demonstrated that the injury resulted directly from participation in the specified activity.

b. Written notification of any such injury is to be given to the University by the human subject within a reasonable time after discovery.

c. Any claim for reimbursement is to be supported by appropriate documentation.

18-330 Preference of Location for Medical Treatment

It is the preference of the University that the medical treatment available under this policy be provided at a University of California medical facility.

18-340 Designation of Contact Person or Office

Chancellors and other chief administrators, as appropriate, shall designate an individual or office as a contact for inquiries about implementation of this policy.

18-350 Funding Source for Payment of Medical Claims

It is recognized that the University's policy to provide medical treatment for injured subjects establishes a potential unfunded liability exposure for the University. This is distinct from the University's Professional and Medical Liability Self-Insurance program. The decision on an appropriate fund source with respect to a claim for medical expenses will be made on a case-by-case basis. When it can be ascertained that the claim can be treated as an allowable cost to the organization or entity financing the research, the University, as a matter of policy, shall seek to pass along the cost of the claim to the research sponsor.

18-360 Compensation of Human Subjects for Injury

Except for claims arising from demonstrated negligence on the part of the University, the University's current policy does not provide for compensation of injured subjects through payments for lost wages, cost of pain and suffering, or additional expenses beyond those of medical care. Any compensation claims received for reimbursement of costs and expenses beyond the provision of medical care and not covered under the University's Professional and Medical Liability Self-Insurance program (malpractice) must be handled on a case-by-case basis in consultation with the Office of General Counsel of The Regents and the Office of the Senior Vice President--Academic Affairs.