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NAVREF UPDATES – June 12, 2008

TO:  NAVREF Members
FROM:  Barbara West, Executive Director

  1. Should NPCs Add the VA Central IRB to their FWAs?
  2. May NPCs Continue to Accept IPA Reimbursements from VA Medical Centers?
  3. Are You Ready for the New IRS Form 990?
  4. NAVREF Session During the 2008 VHA Senior Management Conference
  5. NAVREF Annual Conference Extended to Accommodate Workshop on Indirect Cost Negotiations
1.  Should NPCs Add the VA Central IRB to their FWAs?

According to Lynn Cates, MD, director of the ORD Program for Research Integrity Development & Education (PRIDE), the answer to this question is that it is not necessary at this time.  The process can be completed within a couple of weeks, so an NPC can add the VA Central IRB to its FWA if and when the need arises.

Background:  The VA Office of Research and Development (ORD) has established the "VA Central Institutional Review Board (IRB)" to 1) enhance human subject protections in VA-funded multi-site human research projects; and 2) enhance the efficiency of IRB reviews.  At this time and for the foreseeable future, the Central IRB will review only multi-site ORD projects, such as Cooperative Studies Program (CSP) projects.

Guidance on the VA Central IRB web site states:

Each VA facility that plans to use the VA Central IRB must add the VA Central IRB to its Federalwide Assurance (FWA) and sign a Memorandum of Understanding (MOU) with the VHA Central Office (VHACO) Human Research Protection Program (HRPP). The MOU will clearly delineate the respective roles and responsibilities of each entity. The local VA has ultimate responsibility for its HRPP.

This guidance has prompted NPCs to ask whether they need to add the VA Central IRB to their own FWAs.  For the present, it appears that the only time the VA Central IRB may be a factor for an NPC is if the NPC received non-VA government (e.g., DoD or NIH) or private sector funds in support of studies (e.g., some CSP projects) that will be reviewed by the VA Central IRB.  If your NPC encounters this situation, please contact Dr. Cates for guidance.  Phone: 202-254-0282 or Lynn.Cates@va.gov

2.     May NPCs continue to accept IPA reimbursements from VA medical centers?

NPCs will recall that the recent IG report on five NPCs and VHA oversight included the finding that “NPCs inappropriately received reimbursements for services from VA medical centers” pursuant to Intergovernmental Personnel Act (IPA) assignments.  As a result, NPCs are asking whether they may continue to participate in IPA assignments that involve reimbursement to NPCs using VA-appropriated funds.  In response to this question, Renée Szybala, Associate General Counsel, Professional Staff Group III, replied:

We are aware of the issue and of the need for a clarifying opinion out of this office.  While this OIG audit was ongoing, we assisted the NPCs in providing documents to the OIG on the guidance out of OGC on this issue, and it became clear that there was no specific guidance either way.  We have agreed to provide an opinion to VHA.  In the meantime, we are not suggesting that the practice of VAMC reimbursement of the NPC for personnel detailed under the IPA authority be stopped.

NPCs should also be aware that in order to resolve any uncertainty about the allowability of such IPA reimbursements going forward, NAVREF included specific authority for them in S. 2926, the bill proposed to update and clarify NPC authorities.  It states:

`(2) A Department medical center may reimburse the corporation for all or a portion of the pay, benefits, or both of an employee of the corporation who is assigned to the Department medical center if the assignment is carried out pursuant to subchapter VI of chapter 33 of title 5.

NAVREF remains cautiously optimistic that Congress will enact this legislation during the current legislative session thereby obviating the need for an OGC opinion.  As always, NAVREF urges NPCs to ensure that each IPA assignment fulfills all the requirements of the IPA authority.  For guidance go to http://www.navref.org/library/IPA_main_page.htm

3.     Are You Ready for the New IRS Form 990?

In 2009 the IRS will begin requiring many nonprofits to use the new, completely re-designed IRS Form 990.  The form itself has been available on the IRS web site since December 2007 (see http://www.irs.gov/charities/article/0,,id=181089,00.html) and the IRS expects to publish the final instructions shortly.

All NPCs should take the time now to get to know the new form, which is significantly different from the old form in format and content, and should discuss it with their accountants.  Clark Nuber, the Seattle-based CPA and consulting firm, has graciously allowed NAVREF to make available to its members two excellent articles about the new 990. These are posted at:http://navref.org/newsletter/pdf/Clark_Nuber_Spring_2008_NFP_Newsletter.pdfhttp://navref.org/newsletter/pdf/Clark_Nuber_Winter_2007-8_NPF_Newsletter.pdf

Among other new items, the re-designed Form 990 asks each nonprofit to describe its process for board review of Form 990, for monitoring and enforcing its conflict of interest policy, and for determining compensation of key employees.  NPCs should begin developing these now in order to be able to respond “yes” to questions asking whether it has these processes in place.

4.     NAVREF Session During the 2008 VHA Senior Management Conference.

During the bi-annual VHA Senior Management Conference being held August 25-28, NAVREF will conduct a session for the medical center directors and chiefs of staff who serve on NPC boards.  Please encourage your board members to register for this session. 

Date:  Wednesday, August 27
Time: 12:00 noon to 1:30 pm (This will be a lunchtime “Soundbites” session)
Title:  Keeping in Tune with Managing your Non-Profit

Description:  Attend this session for discussion of the recent OIG report on its review of five VA-affiliated nonprofit research and education corporations (NPCs).  Learn how S. 2926, the "Veterans Research and Education Corporations Enhancement Act of 2008," responds to the findings as well as NAVREF plans for NPC training.  Then hear from David O. Renz, Ph.D., a nationally known educator on nonprofit governance leadership.  Leave with practical advice on fulfilling your NPC board member oversight responsibilities among the many other demands on your time."

Please note that NAVREF has invited Dr. Renz to speak during the 2008 NAVREF Annual Conference (October 19-22).  If he accepts, NPC executive directors and other staff who attend also have an opportunity to hear his presentation.

5.     NAVREF Annual Conference Extended to Accommodate Special Workshop on Indirect Cost Negotiations.

Many thanks to all who replied to the recent NAVREF survey conducted to assess interest in training on indirect cost negotiations and the best timing.  The level of interest exceeded our expectations so this training definitely will be offered in conjunction with the 2008 Annual Conference.  Also, the responses were overwhelmingly in favor of holding the training mid-week, after the regular Annual Conference program ends.

Plans for the conference are beginning to firm up.  Please watch for future emails, but for those eager to make their travel plans, the general program is provided below.

Where and When


Hotel Accommodations and Meeting Sessions


Marriott Crystal City at Reagan National Airport
1999 Jefferson Davis Highway, Arlington, VA 22202

 

For reservations and the main switchboard, dial 703-413-5500

For reservations only: 1-800-228-9290.  Identify yourself as a “NAVREF 2008 Annual Conference” attendee when making reservations

Airports

Ronald Reagan Washington National Airport (DCA) – 1 mile; Metro $1.35
Washington Dulles International Airport (IAD) – 25 miles; Taxi ~$65.00

Baltimore Washington International Airport (BWI) – 55 miles; Taxi ~$70.00

Date

Time

Function

     

Sunday, Oct. 19

3:30 pm

Registration Opens

 

4:30 pm

Special Session for New NPC Executive Directors and Board Members

 

5:00 pm to 6:30 pm

NAVREF Committee Meetings

Government Affairs Committee

Non Government Affairs Committee

 

6:00 pm

Meet and Mingle with the NAVREF Board of Directors

6:30 pm

Annual Membership Meeting and Dinner

Monday, Oct. 20

7:00 am

Registration and Continental Breakfast

 

8:00 am to 5:00 pm

General Sessions

5:30 pm to 7:00 pm

Networking Reception

Tuesday, Oct. 21

7:00 am

Continental Breakfast

 

8:00 am to 5:00 pm

Workshop:  Financial Policies and Procedures (Part I)

 

8:00 am to 3:00 pm

Breakout:  VA Attorneys only

Wed., Oct. 22

7:00 am

Continental Breakfast

8:00 am to 1:00 pm

Workshop:  Financial Policies and Procedures (Part II)

 

1:00 pm

Annual Conference Program Concludes

Special Workshop

1:30 pm to 5:00 pm

Special Workshop:  Indirect Cost Rate Negotiations (Part I) – Add-on fee $450.00

Thursday, Oct. 23

7:00 am

Continental Breakfast

Special Workshop

8:00 am to 1:00 pm

Special Workshop:  Indirect Cost Rate Negotiations (Part II) – Add-on fee

 

1:00 pm

Special Workshop Concludes


Questions or comments about this Update may be directed to:br> Email: navref@navref.org | Phone: 301-656-5005 | Fax: 301-656-5008


 

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last updated: 01/31/08

 

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