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Article 8- CompensationI.General2II.Minimum Salaries3III.Salary Increases4IV. Performance Evaluations4-6V.Salary Equity Committee (SEC)7VI.Extramural Incentives8-10VII.Out-of-Cycle10-12VIII.pensation for Additional Services13-14XDetermination of Salaries for Administrators who Return to the Faculty14XI. Provisions concerning New Jersey Medical School Clinical Faculty15-18XII.Clinical Incentive Program19-27XIII.Dental Clinical Incentive Program27-29IV. Application of the Subject to Language in the Preface of this Article29-30ARTICLE VIIICOMPENSATIONSubject to the appropriation of and allocation to the University by the State of adequate funding for the specific purposes identified for the full period covered by this Agreement, the following economic provisions shall apply:I. General Each position greater than .5 FTE in the negotiations unit shall be assigned to a specific salary. This salary shall include two parts, academic base compensation and in cases where the faculty member is a clinician, a clinical component. Both the academic base and clinical component, if applicable, may be prorated consistent with the faculty member’s FTE With respect to negotiations unit members less than .5 FTE, there shall be no modification or change in compensation, including outside sources of compensation to the negotiation’s unit member from Rutgers affiliates, without agreement by the AAUP-BHSNJ. The academic and clinical component together will be paid on the University’s payroll in bi-weekly installments, which is calculated based on the “daily rate of pay.” In addition, a faculty member may be eligible for clinical incentives and/or extramural incentives for research. (See Parts VI., XII., and XIII)All components of a faculty member’s compensation shall be used for calculating the University’s contributions to the applicable retirement program and for calculating the faculty member’s contribution towards health/prescription benefits.All other compensation practices concerning pay for other clinical activities remain in effect. This includes on-call pay, charity-care, or compensation for extra shifts. Such practices will not be changed or altered without negotiation with the AAUP-BHSNJ. II. Minimum SalariesAll negotiations unit members above .5 FTE shall receive minimum salaries in accordance with sections A and B below. Section A pertains to all RBHS faculty and librarians. Section B pertains all medical school faculty with the exception of NJMS Clinical Faculty. (For NJMS Clinical Faculty see Part XI “Special Provisions concerning New Jersey Medical School Clinical Faculty”)A. Minimum academic base salaries for all faculty/librarians by rank are set forth in the Appendices to this Agreement. These minimum salaries will be adjusted annually by the percentages set forth in section III (Salary Increases). B. In addition, for faculty with an appointment in either medical school, there shall be additional minimum salary requirements pertaining to the academic base and clinical components (if applicable). 1. Starting July 1, 2018, the compensation for a clinical faculty member’s combined components must be at least the median for their rank and specialty according to Tables 11, 25 (“All Schools”) of the most recent AAMC Faculty Salary Report. Those not currently paid as such shall receive an equity increase retroactive to July 1, 2018 within 30 days of ratification of this agreement.2. Starting July 1, 2018, the compensation for a research faculty member’s salary must be at least the median for their rank and specialty according to Tables 4, 18 (“All Schools”) of the most recent AAMC Faculty Salary Report. Those not currently paid as such shall receive an equity increase retroactive to July 1, 2018 within 30 days of ratification of this agreement. 3. Under no circumstances will this section B be construed to reduce the pay of faculty not impacted by the provisions of this section. 4. In the event the minimum salary in section B.1 or B.2 above and the minimum prescribed section A are different, the faculty member shall be paid the greater of the two. III.Salary Increases Fiscal Year 2018-2019All negotiations unit members who continue to be employed as faculty through the date of payment, shall receive an across the board academic base salary increase retroactive to July 1, 2018 in the amount of 3.0%.Fiscal Year 2019-2020All negotiations unit members who continue to be employed as faculty through the date of payment, shall receive an across the board academic base salary increase retroactive to July 1, 2019 in the amount of 3.0%. Such increase shall be based on the unit member's salary as of June 30, 2019.Fiscal Year 2020-2021 All negotiations unit members on June 30, 2020 and who continue to be employed as faculty members on July 1, 2020, shall receive an across the board academic base salary increase effective July 1, 2020 in the amount of 3.0%. Such increase shall be based on the unit member's salary as of June 30, 2020.Fiscal Year 2021-2022All negotiations unit members on June 30, 2021 and who continue to be employed as faculty members on July 1, 2021, shall receive an across the board salary increase effective July 1, 2021 in the amount of 2.5%. Such increase shall be based on the unit member's salary as of June 30, 2021.IV. Performance EvaluationsA. On an annual basis, each negotiations unit member shall be assessed and evaluated as to professional competence in the performance of his/her duties over the year in question in accordance with the process outlined below. No later than the first working day in June of each year, the unit member shall submit evaluation materials to the Chair/Library Director. Completed performance evaluations shall be provided to the unit member by the first working day in July of each year. The chair/division director/campus library director and faculty member/librarian shall meet to discuss the evaluation by July 15 of each year. Final evaluations shall be provided to unit members at the conclusion of the evaluation process “Final evaluations” means that evaluation is not subject to further changes. Each evaluation shall set forth the faculty member’s allocation of effort broken down, where applicable, to reflect the accurate amount of effort spent on teaching/education (eFTE), research/scholarship (rFTE), service (sFTE) and clinical (cFTE). Each portion of effort must add up to the faculty member’s total FTE. To the extent clinical faculty have cFTE that is partly contract clinical work and partly productivity-based work, the evaluation shall set forth each portion of such work that comprises that clinical faculty member’s total cFTE. In addition, for clinical faculty members, the annual performance evaluation also shall set forth, where applicable, the appropriate MGMA Academic Benchmark and AAMC “All Schools” Benchmark for that clinical faculty member. Performance evaluations will evaluate the unit member’s performance since the date of his/her last performance evaluation and shall set expectations for the coming academic year. B. Performance Evaluation Appeal Process1. There shall be an appeal procedure for:(a) an unsatisfactory or needs improvement overall score on the performance evaluation of the negotiations unit member; or(b) a disagreement concerning an accurate depiction of a faculty member’s effort and/or productivity and compensation benchmark standards (i.e. cFTE, rFTE), or the MGMA Academic Benchmark (or alternative where no appropriate MGMA Academic Benchmark exists) or the AAMC Benchmark to be used for that faculty member).(c) a factual error that after being made known to the evaluator has not been corrected. 2. A unit member may appeal that portion of performance evaluation by filing a request for review within thirty (30) calendar days of receipt of the evaluation being appealed, or by September 30 following the Fiscal Year to which the evaluation applies, which is later. The request shall be filed with the Office of Academic Labor Relations, who shall provide copies to the Executive Director of the AAUP-BHSNJ and the Appeals Panel established by this subsection. 3. The review shall be by an Appeals Panel comprised of two (2) persons designated by the Executive Director of the AAPU-BHSNJ, two (2) persons designated by the University, and a person designated jointly by the Executive Director of the AAUP-BHSNJ and the University who shall be the chair of the Appeals Panel. The Executive Director of the AAUP-BHSNJ and the University shall designate substitute persons(s) for the Appeals Panel in cases which the originally designated person(s) cannot hear the matter because of a conflict of interest. 4. The Appeals Panel shall schedule the review at a mutually convenient time. The parties may make written submissions to the Appeals Panel no later than seven (7) calendar days prior to the date scheduled for review. The Panel may request additional information from the parties. 5. The Appeals Panel shall issue its decision to the parties, the Executive Director of the AAUP-BHSNJ and the Executive Director of Academic Labor Relations within thirty (30) calendar days following of the review, and the decision shall be final and binding on all parties. 6. If the Appeals Panel sustains the appeal and agrees that the unit member's performance was at a level of meets expectations/satisfactory or better in the area(s) of the performance evaluation, the evaluation shall be adjusted. 7. The Appeals Panel, the AAUP-BHSNJ and the University shall hold in strict confidence all materials supplied to the Panel, the Panel's decisions and recommendations, and the decisions of the Chancellor. C. GrievabilityThe academic judgement that forms the basis of an evaluation is not grievable. Allegations of a violation of the procedures related to performance evaluations may only be pursued pursuant to Article V -Category 1. V. Salary Equity Committee (SEC)The AAUP-BHSNJ and the University shall create a Salary Equity Committee (“SEC”) to make recommendations to the Chancellor and other university leadership on the prevention and correction of salary inequities. A. Composition and MeetingsThe SEC shall be comprised of a four (4) faculty representatives appointed by the AAUP-BHSNJ and four (4) faculty members appointed by the University. At least one of these faculty representatives will have a background in statistical analysis. The AAUP-BHSNJ and the University will strive to appoint faculty members from diverse backgrounds, ranks, and leadership levels. The SEC shall meet as needed but no less than once every three months. B. PurposeThe Committee shall: Assess best practices articulated by the AAMC and make recommendations concerning their implementationReview equity reviews conducted by the departments Analyze data concerning salary inequity and make recommendations to the Chancellor, Deans, and/or department leadership on how to correct such inequities C. Equity Reviews Biannually, at the conclusion of the fiscal year, each RBHS department shall conduct a review of compensation to determine whether its compensation is equitable. It will share those findings with the SEC no later than September 1st of the fiscal year in question. D. InformationThe SEC committee members shall be provided with all information necessary to carry out their service to the committee.VI. Extramural IncentivesA. The Parties acknowledge that the terms of the October 29, 2015 Side-Letter shall apply through June 30, 2018. The grandfathering provisions concerning awards and proposals submitted prior to November 15, 2018 shall continue with respect to those awards and proposals. B. Starting July 1, 2019, faculty shall be eligible for a revised Extramural Incentive Award. The Extramural Support Incentive Award shall apply to all faculty (except as noted below) and to proposals submitted as of July 1, 2019 including all competing continuations. Awards in this category are in recognition of external research/training grants or other extramural research support acquired by faculty unit members (other than librarian unit members whose extramural support incentive awards are governed by Subsection D of this section). The revised extramural support incentive award will be applied as follows:Percentage Salary Support on Award(s) Percent Returned to FacultyUp to 10% 22%11% to 19% 24%20% to 29% 26%30% to 39% 28%40% to 49% 30%50% to 59% 32%60% to 69% 34%70% to 79% 36%80% to 89% 38%90% and above 40%Where applicable, the extramural support incentive award will be adjusted for the NIH cap in effect at the time of the award. For example, if a faculty member is paid in excess of the NIH cap and has 60% effort and salary support of the NIH cap on an extramural award, 51% of 60% of the NIH cap will be returned to the faculty member in the form of an extramural support incentive award. Extramural support incentive awards shall not increase the academic base salaries of faculty unit members, nor shall they be used in calculating fringe benefits. This incentive is intended for research grants and contracts. Funding related to clinical and service contracts, unrelated to research, are excluded from this incentive. The faculty unit member shall receive the incentive for each year that the extramural support continues, and payment of the incentive will be made no later than September 30 following the fiscal year of the extramural support.C. Faculty unit members who are required to support a percentage of their salaries using outside grant funds as a condition of their employment (e.g., coterminous faculty) shall not be eligible for extramural support incentive awards.Funding related to clinical trials will be applicable to this incentive. Faculty will be able to discretionarily choose to receive the entirety of the Extramural Support Incentive Award in the form of compensation or apply the entirety of their Extramural Support Incentive Award towards support of programmatic activity. D. Librarian Unit MembersA librarian unit member who is both a principal investigator and the principal author of an externally-funded program which provides support for his/her own salary shall be eligible for a one-time bonus of up to one- third of such salary support in a specific fiscal year up to a maximum bonus of $10,000 for that fiscal year. The bonus shall be awarded in each fiscal year during which salary support is provided by external funding.E. rFTE-based Pilot Program Starting July 1, 2022, there shall be a pilot program where the incentive paid will based on the rFTE portion of their salary. This program shall apply to all research proposals submitted as of July 1, 2022. Faculty in basic science departments shall vote to enact this program as provided below no later than July 1, 2021. Faculty in all other departments may elect to participate in this program at their option, but must express their preference by July 1, 2021. 1. For the purposes of voting, 60% of AAUP-BHSNJ members present shall constitute a quorum. Only AAUP-BHSNJ Voting members in good standing shall be eligible to vote. Reasonable notice shall be provided and all materials shall be distributed at least (5) five days in advance of the meeting. A simple majority vote is needed to enact the pilot program. 2. The calculation shall be based on an “rFTE adjusted salary.” This is equivalent to the base salary, plus any clinical components, if applicable. Incentives are not included in this calculation. 3. Faculty will receive the incentive based on the percentage of their rFTE adjusted salary on awards, as defined in the following table: Percentage of rFTE Adjusted Salary Supported on Awards Percentage Returned to Faculty1% to 25%[15.00%]25% to 50%[27.00%]51% to 75%[33.00%]76% to 100%[37.00%] 4. All other terms and condition provided in paragraphs A, B, and C above shall remain in effect. 5. To the event the faculty member and Chair cannot agree on a faculty member’s rFTE, the faculty member may appeal that determination to Performance Evaluation Appeals Committee. (See Section IV. B.) VII. Out-of-Cycle IncrementsA. The University may, at its discretion, increase the salary of a member or members of the bargaining unit in the following instances: 1.to provide immediate recognition for an unusual professional achievement or to respond to a bona fide outside offer. The University may also, at its discretion, increase the salary of a member of the bargaining unit when it believes that an outside offer is imminent because of recent distinguished professional achievements and other evidence. 2.in response to market conditions in a particular discipline or subdiscipline at peer institutions. B. The Dean or University Librarian shall submit each nomination to the Senior Vice President for Academic Affairs with a curriculum vitae and letter of recommendation.C There shall be an alternative procedure for out-of-cycle increases. At any regularly-scheduled meeting of the departmental faculty, librarians or the School of Nursing faculty, the matter may be added to the agenda by the usual process. Nominations for out-of-cycle increases may be made by a majority vote of the members of the department, librarians or the School of Nursing faculty present at the meeting. Voting shall be by closed ballot. All nominations will be forwarded to the Dean of the School or the University Librarian, who will forward the nomination to the Senior Vice President for Academic Affairs with or without a supporting recommendation. Each nomination must be accompanied by a curriculum vitae and a letter of evaluation in support of the nomination. If the department Chair chooses not to endorse a nomination effectuated via this process, a letter of support written by another faculty member in the department must be provided. D. The University may increase the salary of a member or members of the bargaining unit in order to make equity adjustments based on factors such as external market salary benchmarks within relevant markets, the faculty member’s individual benchmarking in-formation, including, but not limited to clinical, teaching, service and research achievements, and other relevant accomplishments, compared to relevant peers and with the recognition that Rutgers prohibits discrimination based on any legally protected classifications, including, but not limited to, gender and race. “Relevant peers” may include faculty at other Rutgers universities. Equity adjustments may also be made for the purposes of eliminating salary compression. 1.1. A faculty member requesting an equity adjustment shall submit a written request with supporting documentation to the Dean and to Compensation Services. 2.The Dean shall submit to Compensation Services and to the faculty member written comments in response to the request of an equity adjustment. pensation Services shall review the faculty member’s request for an equity adjustment and supporting documentation, the Dean’s written comments, and shall collect and review any other information it deems relevant to its inquiry. 4. Within ninety (90) working days from the submission of a request for an equity adjustment by a faculty member, Compensation Services shall communicate the results of its review and the basis for the results in writing to the faculty member and the respective Chancellor. If for any reason the review cannot be completed within this timeframe, Compensation Services shall notify the faculty member. If Compensation Services recommends an equity adjustment, it shall recommend the amount of the compensation increase. 5.The faculty member may submit a written response regarding the results provided by Compensation Services to the Chancellor. 6.In all instances, the amount of an increase, if any, will be determined by the respective Chancellor, or designee, in consultation with the Dean and Compensation Services, and the resulting salary must be consistent with the factors set forth in B.above. The Chancellor, or designee, shall be responsible for approving such increase, if any, and for communicating such decision to the negotiations unit member. 7.The faculty member may appeal a decision of the Chancellor to the Senior Vice President for Academic Affairs. The decision of the Senior Vice President for Academic Affairs shall be provided to the faculty member and the AAUP-BHSNJ. The decision of the Senior Vice President for Academic Affair shall not be grievable; however, this shall not preclude a faculty member from filing an Article 5 grievance based on an alleged violation of Article 4 or another part of this Agreement following the final decision of the SVPAA. The time for filing such a grievance under Article 4 shall begin to run upon receipt of the decision of the Senior Vice President for Academic Affairs. 8.The faculty member may be accompanied by an AAUP-BHSNJ representative for purposes of any meetings with Compensation Services for purposes of this equity review process.9.The University commits to funding equity increases approved by the Chancellor, or, if applicable, the Senior Vice President for Academic Affairs.E. When the University has determined to make an out-of-cycle salary increase, it shall inform the AAUP-BHSNJ in writing of the name, rank, and current and adjusted salaries of each individual for whom an increase is to be made. In addition, it shall provide a copy of all pertinent documents. F. During the effective term of this Agreement, all out-of-cycle salary adjustments to an individual recipient, beyond the first, which is at University discretion under section A. above, shall be subject to negotiation with the AAUP-BHSNJ.G. The University shall not implement any salary adjustment until 15 working days after it has informed the AAUP-BHSNJ of its determination, as specified above, or until such time as the AAUP-BHSNJ and the University have agreed in writing that the requirements of this Article have been fulfilled, whichever is sooner.H. Out-of-Cycle increases are in addition to, and not inclusive of, other salary increases provided for in other parts of this Article. VIII. Promotions When an individual faculty unit member is promoted from one rank to another, the individual's academic base salary shall be adjusted to the minimum salary listed in Section 2 “Minimum Salaries” or 10% above the individual's current salary, whichever is greater.IX. Compensation for Additional Services ?The University may pay additional compensation to individual members of the negotiations unit for bona fide services which are substantially over and above those normally assigned to individual members of the negotiations unit. It is not intended that such additional compensation be: (1) a substitute for negotiated increases; (2) funded with monies budgeted by the University for salary increases; (3) paid for meritorious services or to match outside salary offers.? This provision shall not apply to any added component or incentive program (as defined in this Article) or to responsibilities attributable to faculty practice or patient care activities of negotiations unit members.?In order for the University to pay additional compensation to members of the negotiations unit pursuant to this provision, the departmental Chairperson, the library director, or the assistant or associate dean shall make a proposal to the Dean of the school or the University Librarian. The proposal shall include the following information:?A.?The justification for additional compensation, demonstrating that it is being paid for bona fide additional services which are substantially over and above those normally assigned to individual members of the negotiations unit;?B.?The amount of the additional compensation and the time for which the compensation is proposed. If the additional compensation is for continuing responsibilities, the Dean must consider a proposal for additional compensation for each academic year in which it will be paid; and C..?The source of funds. ?If the Dean approves the proposal to pay additional compensation pursuant to this provision, he/she shall forward the proposal to the Senior Vice President for Academic Affairs with any additional information that the Dean feels is appropriate. The Senior Vice President shall review the proposal and approve or disapprove it. If the proposal is approved, the Senior Vice President shall forward it to the Association along with notice that it has been approved. If the Senior Vice President has reasons for approval of the proposal in addition to those contained in the original proposal or substitutes his/her own reasons, the Senior Vice President shall make such additional or substituted reasons known to the Association in writing.?The decision of a Chair, library director, or assistant or associate dean not to propose a member of the negotiations unit for additional compensation pursuant to this paragraph or of the Dean or Senior Vice President for Academic Affairs to deny a request for such additional compensation shall be final and shall not be grievable under this Agreement. The decision of the Senior Vice President for Academic Affairs to pay additional compensation pursuant to this provision may be grieved only by the Association, not be individual members of the bargaining unit. X. Determination of Salaries for Administrators who Return to the FacultyWhen an administrator returns to the faculty and becomes a unit member, the unit member’s salary shall be based upon the following criteria: quality of administrative performance; length of service (including length of service at the University); consideration of the increase or diminution of responsibilities that will result from the transfer; and any other special circumstances. XI. Provisions concerning New Jersey Medical School Clinical Faculty A Departmental Governance Committees Effective July 1, 2019, faculty in each Department who are members of AAUP-BHSNJ, are 50% or more NJMS FTE, and are 20% or more NJMS cFTE, who have been NJMS faculty for at least 12 consecutive months, and have generated at least 500 wRVUs through the NJMS clinical program in those 12 months shall be deemed voting clinical members (“VCM”). VCM, a Department chair, a Division Chief, and any other administratively titled members of the Department designated by the VCM shall constitute the Departmental Governance Committee (“DGC”). 60% of the voting members of the DGC shall constitute a quorum. All members of the DGC shall be given reasonable written advance notice of all meetings. The purpose of the DGC is to make decisions concerning the department’s faculty practice consistent with the historical customs of that department and to make determinations as to how new members of the practice shall be paid. (see X. D, E, and H. below)B. Fully Variable Supplement – NJMS negotiations unit members participating in University Physician Associates of New Jersey, Inc.The University Physician Associates of New Jersey, Inc. (“UPA”) method of payment at NJMS will cease to exist, pursuant to agreement between UPA and the University no later than July 1, 2020 with the exception of any tail payment. As provided for in the “UPA Principle Points for Letter of Intent,” at least four months before the distribution of tail payments, “Rutgers will develop a process to cause the distribution of Transition Revenues and Pre-Compensation Plan Distributions to the NJMS Physicians and will seek the input of the NJMS Physicians during the development of such process.” Paychecks for July 2020 and August 2020 shall reflect the UPA method of payment. The first paycheck of September 2020 shall use a Fully Variable Supplement (“FVS”) described below. FY 2021 and FY 2022The University will create the FVS component of compensation to replace the compensation received by NJMS faculty from UPA. As described below, the entire portion of UPA Variable Pay, including any income guarantees will shift into the FVS. “UPA Variable Pay” is defined as the amount of money that Rutgers paid to the faculty member that originated from UPA collections or a clinical guarantee, plus any other pay provided for the provision of clinical services. Faculty will be paid the FVS for Fiscal Years 2021 and 2022 beginning in September 2020. The FVS and any UPA tail pay will be accounted for in the Fiscal Year in which they were paid to the faculty for the purposes of calculating the Clinical Incentive Program (as described in more detail below). Effective July 1, 2020 (the start of Fiscal Year 2021), the FVS for Fiscal Year 2021 will be set at the higher of (a) the average UPA variable pay over two prior Lookback Years preceding the transition or (b) total UPA variable pay in the immediately preceding Lookback Year. The Lookback Year is measured from July 1 to June 30. Thus, the two prior Lookback Years preceding the transition would be July 9, 2018 through July 5, 2019 and July 8, 2019 through July 7, 2020. The FVS will be in addition to any tail payments owed and paid monthly as provided for in the UPA Principle Points for Letter of Intent. Effective July 1, 2021, the FVS may be reduced in the following circumstances. In the event, a NJMS faculty member’s wRVUs billed fall 10% below the lowest of the two Lookback years, the FVS may be reduced 0.5% of every 1% reduction in wRVUs. This provision will not apply unless there is an equal or greater corresponding drop in the value of receipts generated for collection relative to that average referencing the proceeding Lookback Years. This paragraph shall also not apply to any NJMS faculty member who has a practice run by University Hospital. Under no circumstances, shall the FVS paid be lower than 85% of the indexed FVS or a faculty practice guarantee, whichever is higher. If the faculty member believes a reduction has been made in error or is unfair, he/she may appeal it to the Performance Evaluation Appeals Committee. In the event that the NJMS faculty member collects an amount (cash received) more than the amount accounted for by the FVS in either Fiscal Year, he or she will collect an amount as the same percentage of gross clinical revenues as he or she collected prior to the implementation of the FVS. The FVS for Fiscal Year 2021 and Fiscal Year 2022 will be paid in the bi-weekly pay over the course of the Fiscal Years in accordance with the daily rate of pay method used by the University for paying earnings in the course of a Fiscal Year. The FVS will be counted as earnings for the purposes of retirement benefits and health care premium contributions. New Practice Member Pay The DGC will set a Collections Target applicable to any negotiations unit members hired at NJMS after July 1, 2018, but prior to the cessation of UPA, and who does not yet have two (2) full Lookback Years of collections at the time of commencement of the FVS. The Collections Target and resulting compensation will be established based on expected collections as projected by the DGC. It will also be consistent with the fair market value for the specific services provided by that faculty member, taking into consideration the reimbursement rates and gross collections generated by each faculty member and their respective cFTE. Faculty practice guarantees will be included as a percentage of overall compensation at the same level usually provided by that Department. If the Department does not use Faculty Practice Guarantees, the DGC shall create them after consultation with the University and the AAUP-BHSNJ. Practice Support (i.e., current funds used to pay for the cost of running each Department’s practice) provided by Rutgers, RHG, University Hospital, the UPA, to each Department shall not be decreased from the amount that exists on July 1, 2019, unless permission is obtained from the DGC through a majority vote and a properly constituted quorum. Rutgers shall make up the difference in Practice Support to any Department caused by a decrease in Practice Support by RHG, the UPA, University Hospital, RWJBH, or an affiliated entity.Transparency Effective July 1, 2020 or when a New Clinical Collections Entity commences collection, whichever is later, NJMS clinical faculty shall have access to all financial records concerning their faculty practice as existed with UPA.Control and Decision-Making Effective July 1, 2020, NJMS clinical faculty shall continue to have the same control and decision-making authority concerning the practice of medicine and the faculty practice as existed prior to July 1, 2020.Integration with Combined Medical Group Within two months of the collective negotiations agreement ratification, the DGC shall select two (2) VCM from each NJMS clinical department who shall be appointed by the AAUP-BHSNJ to a Combined Medical Group Liaison Board. The Combined Medical Group Liaison Board will select four (4) of its members to represent NJMS faculty at meetings of the RWJBH/Rutgers Combined Medical Group. Such representatives shall ordinarily be AAUP-BHSNJ membersOutside Offices The University agrees that any NJMS clinical faculty member who, on or after July 1, 2018, provides clinical services at an office shall be permitted to continue to provide clinical services at such office, and shall be provided adequate resources by the University to ensure that the cost of running the office is not so excessive, due to practice overhead and other costs, that the practice is not viable at the location in question. Should that occur, either Rutgers central administration or its designee shall provide practice support to the extent permitted by law. All other requests for off-campus offices shall be subject to existing procedures and practices.Privileges at other Facilities Rutgers agrees that any NJMS faculty member who, on or after July 1, 2018, provides services at any healthcare facility, including nursing homes and surgery centers, or who has privileges at any hospital or other healthcare facility, shall be permitted to continue providing such services at such hospital or facility and shall be permitted to continue such privileges.Out-of-Network Subsequent to July 1, 2020, there shall be a committee consisting of six (6) members appointed by the AAUP-BHSNJ and five (5) members appointed by the Administration who shall hear requests from faculty who wish not to participate an in a negotiated insurance plan and to otherwise provide advice and support in situations where it may not be appropriate to participate in such plan.Future Negotiations of NJMS Compensation NJMS Faculty will continued to be paid as per this Agreement, unless the parties agree to mutually change this Agreement or enter into a successor Agreement. XII. Clinical Incentive ProgramThe April 2017 Memorandum of Agreement between Rutgers, The State University of New Jersey and the AAUP-BHSNJ regarding Rutgers Health Group Clinical Incentive Program (“MOA”) remains in full force and effect pursuant to the terms of that MOA through December 31, 2019 (and the payment of the incentive earned based on Fiscal Year 2019 performance as discussed in that MOA). The Clinical Incentive Program (“CIP”) beginning with Fiscal Year 2020 provides incentive compensation for Clinical Faculty, as defined below.A. Eligibility1. The CIP provides incentive compensation to clinical faculty (as defined below) on an annual, Fiscal Year basis for clinical productivity (“Productivity Incentive”) and performance on value based clinical metrics (“Value Incentive”). 2. “Clinical faculty” include all clinical faculty in the collective negotiations unit, (except beginning in Fiscal Year 2020, for other eligible tenured and tenure-track faculty) at New Jersey Medical School and Robert Wood Johnson Medical School (including those at the Cancer Institute of New Jersey and University Behavioral Health Care) who have 1) a productivity-based Clinical Full Time Equivalent (“cFTE”), as defined below, of 0.2 or greater during the Fiscal Year in which performance is being measured; and 2) achieved a rating of at least Meets Expectations/Satisfactory Clinical sections of the annual performance evaluation, and an overall rating of at least Satisfactory on the annual performance evaluation for the Fiscal Year in which performance is being measured. To be eligible for incentive compensation, the clinical faculty member must remain employed through the date of payment of the incentive. “Contract clinical” work is defined as effort provided and compensated through external health system contracts for professional services. Although this faculty effort is clinical in nature, Rutgers does not bill and collect from third party payors for these professional services (e.g., faculty time purchased from affiliates at an hourly or other rates), and individual faculty are not credited with collections and units of productivity (e.g., WRVUs, ASAs). For those clinical faculty engaged in contract clinical work and work that is credited with units of productivity, those clinical faculty shall have their total cFTE broken into two categories: 1) contract clinical cFTE; and 2) productivity-based cFTE. In order to be eligible for the CIP, productivity-based cFTE must be 0.2 or greater. For purposes of calculating the standardized WRVU (section II(b), Adjusted Total Regular Compensation (section II(d)(i)(2)) and benchmark compensation (section II(d)(ii)), a faculty member’s productivity-based cFTE will be used. B. Funding and Payments At the beginning of each Fiscal Year, the University shall set aside funds for the following:1. to fully fund the Productivity Incentive Maximum Opportunity (PIMO), (see section C. 5 “Determining the Amount of Productivity Incentive”) The amount will be determined by aggregating number of PIMOs in NJMS, RWJMS, CINJ and UBHC. 2. to provide for the Value Incentive. This amount will be equal to a minimum of $750,000 per year. 3. to provide faculty members who are “contract clinical” a lump sum amount of $1,300 prorated to their contract clinical cFTE provided they have achieved a rating of at least Meets Expectations/Satisfactory on the Clinical section of their annual evaluation. 4. to provide all other faculty members who are not “contract clinical” and who are hospitalists, genetic counselors, advanced practice nurses, or in other similar fields, did not receive a clinical incentive, and have achieved a rating of at least Meets Expectations/Satisfactory on the Clinical section of the evaluation a lump sum amount of $1,300 prorated to their cFTE.5. The Productivity Incentives and Value Incentive shall ordinarily be paid out in the last payroll in December. 6. Each clinical faculty member will receive a calculation as to how much Productivity and Value Incentives they received, if any, at the time of pay out. This calculation will indicate what MGMA Academic Benchmark and AAMC Benchmark was used along with its associated rank and specialty. If no Benchmark is available, the calculation will indicate what substitute was used in its place. C. Productivity Incentive1. The Productivity Incentive is based on a clinical faculty member’s WRVUs, (or ASA units for anesthesia) benchmarked against specific standards for: 1) WRVUs, and 2) compensation. 2. WRVUs, or ASA units where applicable, will be calculated using a uniform calculation methodology for all faculty. i. The WRVUs and ASA units used in the calculations will reflect billable clinical activity personally performed by the faculty member. 1. Supervised activity of advanced practice providers or residents/fellows that is billed by the faculty member will not be included. 2. The only exception will be faculty who currently are billing under a “Primary Care Exception.” A “Primary Care Exception” is an exception within an approved GME program that applies to limited situations when the resident is the primary caregiver and the faculty physician see the patient only in a consultative role (that is, those residency programs with requirements that are incompatible with a physical presence requirement.) 3. WRVUs will be calculated using the CMS Physician Fee Schedule using volume by CPT code with the application of standard adjustments for modifiers. 4. Modifier adjustment rates will be applied to faculty WRVUs for consistency with the MGMA academic productivity benchmarks. The adjustment rates used in the CIP are informed by a compilation of industry benchmarking, survey guidance, CMS modifier guidelines, and commercial payor guidelines and are generally consistent with those used by CMS and industry benchmarks. 5. ASA units will be self-reported by the schools/units. 3. Step One – Productivity AnalysisAt the end of a Fiscal Year, but no later than September 1 of the following Fiscal Year, the clinical faculty member’s actual WRVUs for the preceding Fiscal Year will be confirmed. For those clinical faculty with a productivity-based cFTE less than 1.0, a calculation will be made to standardize the WRVUs based on a cFTE of 1.0. That standardization is calculated by dividing actual WRVUs by the clinical faculty member’s productivity-based cFTE. For those clinical faculty whose clinical effort involves both excluded contract clinical cFTE and productivity-based cFTE, for purposes of these calculations, cFTE shall be reduced to include only that portion of total cFTE which is productivity-based.For example, a 0.8 productivity-based cFTE with 4,000 actual WRVUs will have 5,000 standardized WRVUs for purpose of calculating a Productivity Incentive.The University will then benchmark the level of standardized WRVUs against the national MGMA Academic Benchmark standards, adjusted for rank and specialty, to determine the percentile in which the level of standardized WRVUs fall. The list attached hereto as Exhibit A sets forth the Faculty Specialty, corresponding specialty in MGMA Academic Benchmark (or alternative where no appropriate MGMA Academic Benchmark exists). The parties may, by mutual, written agreement, amend this attachment at any time. See C. 6. below – Review of cFTE and Benchmark Standards. The University will use the MGMA Academic Benchmark Standard in effect at the start of the Fiscal Year for which productivity is being measured. A clinical faculty member shall not qualify for a Productivity Incentive if the level of standardized WRVUs is not greater than the 25th percentile of the MGMA Academic Benchmark for that specialty. 4. Step Two - Compensation AnalysisTotal Clinical Compensation AnalysisThe University will determine each clinical faculty member’s Total Clinical Compensation (“TCC”) for the Fiscal Year in which the performance is being measured. TCC is calculated as follows:Academic base plus any components, which are paid to the clinical faculty member in equal installments, on a bi-weekly basis, are added together to compute Total Regular Compensation (“TRC”).The clinical faculty member’s productivity-based cFTE is divided by FTE and the resulting figure is multiplied by the clinical faculty member’s TRC. The resulting amount is the clinical faculty member’s “Adjusted TRC.”The Adjusted TRC is then added to any clinical component or incentive payments (including for NJMS Faculty, UPA compensation payments or the FVS). This is the clinical faculty member’s TCC. For example, if a clinical faculty member has an academic base salary of $150,000 and a Supplement of $50,000, his/her TRC would be $200,000. If that clinical faculty member is 1.0 FTE, with a 0.8 productivity-based cFTE, the adjusted TRC would be $160,000. If that same faculty member received $20,000.00 in clinical incentives in that Fiscal Year, the TCC would be $180,000.00.Benchmark Compensation AnalysisThen, based on the percentile where the clinical faculty member’s standardized WRVUs fall in the MGMA Academic Benchmark (see section C. 3. iii. above) the University will determine the clinical faculty member’s benchmark compensation, adjusted for faculty rank and specialty, at that same percentile in the AAMC All Schools Benchmark (see C. 3. iii above). The list attached hereto as Exhibit A sets forth the Faculty Specialty and corresponding AAMC All Schools Benchmark compensation specialty (or alternative where no AAMC All Schools Benchmark exists). The parties may, by mutual, written agreement, amend this attachment at any time. See C. 6. – “Review of cFTE and Benchmark Standards” If an individual clinical faculty member’s productivity-based cFTE is less than 1.0, the benchmark compensation must be adjusted for cFTE. That figure is computed by multiplying productivity-based cFTE times the benchmark compensation in the AAMC All Schools Benchmark for the appropriate percentile (adjusted for faculty rank and specialty) (see section C. 3. iii. above) 5. Step Three – Determining the Amount of Productivity IncentiveThe faculty specialty and rank adjusted benchmark compensation, at the clinical faculty member’s percentile of productivity (adjusted for cFTE if necessary as described above) is compared to the clinical faculty member’s TCC. If the benchmark compensation is greater than the clinical faculty member’s TCC, that resulting figure will be the clinical faculty member’s Productivity Incentive Maximum Opportunity for the fiscal year (“PIMO”). The clinical faculty member shall be paid the entire (“PIMO”). If the clinical faculty member’s TCC is greater than the benchmark compensation, the clinical faculty member shall not be eligible for a Productivity Incentive but may still be eligible for a Value Incentive Commencing in Fiscal Year 2020 and each year thereafter, the actual Productivity Incentive Paid to the clinical faculty member is computed by dividing the PIMO by the aggregate of the PIMOs for all eligible clinical faculty members and multiplying that resulting percentage times that portion of the Incentive Pool allocated for the Productivity Incentive. 1. Example, the PIMO for a particular faculty member is $20,000 and the aggregate of PIMOs for all eligible clinical faculty members is $4,000,000.00. ($20,000/$4,000,000.00) * $2,250,000.00 (portion of the three-million dollar Incentive Pool allocated for the Productivity Incentives) = $11,250.00. That will be the final Productivity Incentive for that clinical faculty member for that Fiscal Year. Review of cFTE and Benchmark Standard 6. As set forth in the parties’ Side Letter of Agreement related to the Evaluation Process, the faculty member and Chair shall discuss the distribution of the faculty member’s effort and productivity and compensation benchmark standards for the Fiscal Year commencing July 1. To the event the faculty member and Chair cannot agree, the faculty member may appeal that determination to Performance Evaluation Appeals Committee. (See Section IV. B.) D. Value IncentiveThe value incentive will be measured based upon clinical outcomes and clinical operational effectiveness and efficiency and other values as decided within each clinical department.As provided in section B above, $750,000 per year shall be allocated to the Value Incentive Pool (“VIP”). The VIP then shall be divided as follows: RWJMS- $350,000; NJMS - $200,000; CINJ - $175,000; and for UBHC - $25,000. The VIP for that particular entity (RWJMS, NJMS, CINJ or UBHC) is then allocated to each department in that entity by totaling each eligible clinical faculty member’s cFTE in the department and dividing that total cFTE for all eligible in that particular entity. The resulting percentage is then multiplied by the VIP to obtain the Departmental VIP (“DVIP).The DVIP is then divided by the total number of eligible clinical faculty members’ cFTE for that particular department to obtain the total Value Incentive potential payout based on a 1.0 cFTE (“1.0 VPO”). To calculate the Maximum Potential Value (“MPV”) incentive available to a particular clinical faculty member the 1.0 VPO shall be multiplied by the eligible clinical faculty member’s cFTE.i. In RWJMS, UBHC, and CINJ each eligible department shall establish a Metric Review Committee (“MRC”) comprised of at least three clinical faculty members, all of whom must be AAUP-BHSNJ members, elected by the AAUP-BHSNJ members of that department. The MRC shall include clinical faculty who represent procedural, nonprocedural, inpatient and outpatient faculty, to the extent possible. ii. In NJMS, the Departmental Governance Committee (“DGC”) shall perform the function of the MRC above. Metrics shall be established for faculty performance as set forth below. By May 1st preceding the Fiscal Year in question, the Department Chair shall provide to the MRC/DGC proposed value metrics to be used to evaluate faculty performance for the Value Incentive payment. The departmental-specific value metrics tabulation shall include the percentage value allocated to each metric (out of 100%) and the standard for measuring the amount of value incentive earned for each particular metric.For Fiscal Years 2020, 2021 and each year thereafter, by June 1st preceding the Fiscal Year in question, the MRC/DGC shall provide comments, if any, to the Chair’s proposed value metrics. If no comments are provided to the Chair by June 1, the Chair’s proposed value metrics shall be implemented. For Fiscal Years 2020, 2021 and each year thereafter, by July 1 preceding the Fiscal Year in question, the Chair, after consulting with the MRC, shall notify the faculty in his/her department of the value metrics to be used to evaluate faculty performance in the Fiscal Year beginning that July 1. For Fiscal Years 2020, 2021, and each year thereafter, by July 1st preceding the Fiscal Year in question, if the Chair has not determined the value metrics to be used to evaluate faculty performance in an Eligible Department for the Fiscal Year starting July 1st, the value metrics for that department shall be set by the MRC/DGC. Chairs may revise the value metrics after the stated metric dissemination deadline, provided they obtain approval from their MRC/DGC and communicated the change to the faculty. If a department includes a value metric for which there ends up being no performance data available at the close of the Fiscal Year, the Chair may eliminate that value metric from inclusion in the calculation of the value incentive for that department and the remaining value metrics shall be adjusted equally to reflect removal of the value metric. The MPV for each clinical faculty member will be applied to those metrics to determine the actual amount of value incentive to be paid to the clinical faculty member. Example – if three standard metrics are used in an Eligible Department; they each count 33%; and the MPV for the clinical faculty member is $3,000, the maximum value incentive available to that clinical faculty member for each of the three metrics would be $1,000.00. If a clinical faculty member achieves 80% of the potential value for each of the three metrics, based on the uniform standards of achievement set for that Eligible Department, that clinical faculty member’s value incentive would be $2,400. If, after calculation of each clinical faculty member’s value incentive, there are funds remaining in the VIP (due to the fact that eligible clinical faculty members did not reach his/her MPV), the Chair of each eligible department shall equitably distribute remaining funds only to eligible clinical faculty in that department. All funds in the VIP shall be paid to clinical faculty in the negotiations unit. XIII. Dental Clinical Incentive ProgramRSDM faculty are not eligible for to participate in the CIP, Section XII above. As an alternative for all RSDM faculty, the following clinical incentive program (hereafter “DCIP”) shall be available:A. Eligibility1. The DCIP shall require that the RSDM faculty member obtain a New Jersey dental license that is valid, active and in good standing. 2. A RSDM faculty member must have University Hospital privileges in order to receive incentives from operating room or hospital-based work. 3. In consideration for allowing an RSDM faculty member to participate in the DCIP, the faculty member must execute a restrictive covenant that will apply upon separation from the practice. the University (See MOA on Restrictive Covenants)B. Time Assigned to Faculty Practice 1. RSDM faculty may participate for a minimum of ? day per week at their option at either the Newark or New Brunswick facility. There shall be no prohibition on this ? day allotment provided there is sufficient departmental faculty to cover teaching and the other faculty member’s responsibilities. 2. Requests for greater than a ? day per week shall be made in writing to the Governing Council of the Faculty Practice, (hereafter “Governing Council”) which shall deny, accept, or accept the request with modification. 3. When assigning time, the Governing Council shall take into consideration the faculty member’s departmental duties, patient load, and time already dedicated to the practice.4. The Governing Council shall strive to distribute time to faculty members on a fair and equitable basis. 5. The Governing Council shall reassess all time requests semi-annually.C. Calculation of DCIP1. Incentive payments are paid at a rate of 60% (sixty percent) of collections less the costs of implant supplies (i.e. dental implants, bone, and tissue guided membranes) and laboratory costs. RSDM FPIP incentive payments are paid at the rate of 30% (thirty percent) of collections for services performed by staff hygienists or assistants.2. Work performed at UH-Unit 1 or RSDM clinics are excluded from the DCIP. 3. Operating room work must be billed though RSDM/RHG (or other entity as required by RSDM) and such work will be eligible for inclusion in the DCIP. D. Other Work Earning Incentives1. Rates paid to the faculty member for Hospital On-Call work will be determined by the clinical service agreement between that hospital and the RSDM. The University shall consult the relevant faculty impacted by such agreement prior to formally entering into the agreement. 2. Expert witness and other expert consultation service billed through Rutgers will result in 75% of such payment being paid to the faculty member, 20% being paid the faculty member’s department, and 5% being paid to RSDM. E. Outside WorkRSDM faculty at 1.0 FTE shall be eligible to engage in outside practice provided the faculty member in good faith complies with Rutgers Policy 60.9.21. RSDM faculty below 1.0 FTE shall have no such requirement. F. Promotional MaterialsRSDM faculty participating in the DCIP above shall be provided with all appropriate promotional material, including but not limited to brochures, business cards and protocols for patient referral to the practice. Protocols for patient referral shall be developed by the Governing Council. XIV. Application of the Subject to Language in the Preface of this ArticleIn the event the University intends to withhold any of the economic provisions of this Article by invoking the “subject to” language in the prefatory paragraph of this Article, it is agreed that the invocation of the “subject to” language will be based on a determination by the University that there exists a fiscal emergency. If the University invokes the prefatory “subject to” language following the determination of a fiscal emergency, the University agrees as follows: A. The University shall provide the AAUP-BHSNJ with written notice of at least twenty-one (21) calendar days. The Notice shall contain a detailed explanation for the determination by the University that a fiscal emergency exists and shall specify the action the University intends to take to address the fiscal emergency at the conclusion of the twenty-one (21) calendar day notice period. If due to a reduction in State funding/appropriations to the University for the next fiscal year, the University determines that a fiscal emergency exists and if based on the date the University learns of the reduction it is not possible to provide the full twenty-one (21) calendar days’ notice, the University shall provide the maximum notice possible. If the University provides fewer than twenty-one days’ notice, upon request of the AAUP-BHSNJ negotiations pursuant to subsection C below shall commence within 72 hours; however, the University shall be permitted to delay the implementation of salary increases during the shortened period of negotiations.B. Along with the Notice provided to the AAUP-BHSNJ pursuant to subsection A above, the University shall provide the latest available statements/financial documents, as follows: - The financial information upon which the University relies as the basis for its claim that a fiscal emergency exists;- The audited financial statements for the prior fiscal year;- Quarterly Statement of Net Position (Balance Sheet) for the current fiscal year;- Current projection of the Income Statement for the Unrestricted Educational and General Operating Funds (Operating Budget) for the current fiscal year;- Quarterly Statement of Cash Flows (Statement of Cash Flows);- Unaudited End of Year financial statements for the statements listed above;- University budget request submitted to the Department of Treasury for past, current and upcoming fiscal years; and - The University’s Unrestricted Operating Budget for the current fiscal year and budget for the upcoming fiscal year. The AAUP-BHSNJ may request, in writing, additional financial information. Disputes over the provision of information shall be decided by the designated arbitrator on an expedited basis. C. During the notice period, upon written request by the AAUP-BHSNJ, the University shall commence negotiations over measures to address the fiscal emergency. The University is not obligated to negotiate to impasse in order to withhold any of the economic provisions of this Article. At any point during the notice period the AAUP-BHSNJ may file a grievance pursuant to subsection E below. D. The AAUP-BHSNJ agrees that during the notice and negotiation period it will not initiate any legal action, in any forum, to challenge the University’s intended action other than as specified in subsection C above. E. If the parties have not agreed upon measures to address the fiscal emergency, the AAUP-BHSNJ may file a grievance under Article TBD of the Agreement. The grievance shall proceed directly to arbitration under Article V.D.2. Such arbitration shall be concluded within ninety (90) days of implementation of the University’s decision to withhold any of the economic provisions outlined above in this Article. The arbitrator shall determine whether a fiscal emergency existed (exists) at the University based on the evidence presented. The arbitrator shall not have the authority to reallocate University funds. The parties designate Arbitrator Joseph Licata to hear disputes that arise under this Section. The parties designate Arbitrator J.J Pierson as an alternate to hear such disputes. If neither arbitrator is available to hear the dispute consistent with the provisions of this Section, the parties shall mutually agree upon another arbitrator. ................
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