Memorandum of Understanding Review

1
Memorandum of Understanding - Review

• Patricia Haugaard
• Assistant Dean for Research
• Emory University School of Medicine
• 404-727-3774
• Patricia.haugaard_at_emory.edu

2
What is a VA MOU

• It is an NIH required document that all faculty
  members who are also employed at an academic
  Veterans Administration Hospital must have in
  place before they can engage in any NIH funded
  research at either institution.

3
What is its purpose?

• The MOU is a signed agreement that specifies the
  investigators appointment and their
  responsibilities at both the university and the
  VA.
• It is the assurance to the federal government
  that there is no possibility of overlap in effort
  and/or dual compensation for the same work.

4
When is an MOU done?

• At a minimum, annually to confirm current
  commitment. November 1st for Emory.
• A proposed MOU should accompany all grant
  proposals outlining what the new commitment will
  be if funded. Unless cost-sharing to the VA,
  signatures are not necessary at that time.
• A final, signed copy will be required at just in
  time.

5
Annual MOUs

• Due Date is Important
• any submitted after November 1 will be accepted
  but will be considered non-compliant by auditors
• Must have all VA and Department signatures before
  submission
• Departments responsibility to initiate

6
MOU Submitted with Proposal at Time of Routing

• Every new proposal, if funded, will change the
  faculty members effort
• An MOU with new effort proposed must accompany
  proposal
• Signatures are not necessary at routing
• Except when NIH effort will be done on VA time
• Signature will be required at JIT
• OGCA will not release account number until signed
  MOU is submitted

7
Proposal with Effort on VA Time

• MOU with NIH effort on VA time must be routed
  with VA Service Line Chiefs signature at
  proposal time.
• If Service Line Chief is submitting then VA Chief
  of Staff Signature is necessary
• Confirms that VA is willing to release clinical
  time for research.
• All other signatures will be required at JIT

8
Getting the VA Signatures

• If you e-mail the completed MOU to Tony
  Laracuente, he will get the VA signatures for you
  and email a scanned copy back
• Tony Laracuente, MBA
• Director of Research Operations
• Atlanta VAMC
• 404-728-7643
• Antonio.laracuente_at_va.gov

9
How is Effort Certification Handled when effort
is on VA time?

• Cost Sharing to another institution is normally
  never allowed
• Academic VAs have a special relationship with
  their associated University

10
The NIH Notice entitled Department of Veterans
Affairs Employees as Investigators on Grants and
Contracts

• This policy clarifies the conditions under which
  employees of the Dept. of Veterans Affairs (VA)
  may apply for grants, contracts, or cooperative
  agreements from the NIH and ADAMHA. The policy
  reaffirms the longstanding practice which permits
  VA investigators to conduct research through
  affiliated Universities

11
Effort Certification

• How do you show NIH effort on VA time if there is
  no salary paid?
• It should be noted on the certification form that
  the faculty member is a VA employee doing NIH
  research as part of his VA professional time
• A copy of the signed MOU MUST be attached to the
  effort certification

12
Whos Responsible for Managing VA Effort?

• The Departmental Administrators or Division
  Administrators (as determined by each department)
  will be responsible for making sure that all VA
  effort is documented correctly
• If not done at the department level, PI would be
  signing an inaccurate certification

13
8/8th and Research

• It is allowable for faculty to do research in
  addition to their 40 hour commitment to the VA
• Research must be done outside their normal VA
  hours (unless release time is approved)
• Amount of research time must be reasonable
• 20 additional hours is the widely accepted norm.
  More than 20 hours could be audit risks.

14
OMB Circular A-21

• Costs are allowable if total compensation to
  the individual conforms to established policies
  of institution and are consistently applied and
  if expense is for work performed directly on
  grant

15
NIH Policy Statement

• Costs are allowable to the extent they are
  reasonable. Costs must conform to established
  policies of the applicant organization. Costs
  must be consistently applied regardless of source
  of funds. Costs must reflect no more than the
  percent of time actually devoted to project

16
History

• November 9, 1989 - NIH and VA issue guidance - IL
  -15-89-13
• VA Employees applying for NIH/ADAMHA Grants
  through affiliated universities may request
  salary for the portion of time spent on NIH
  research
• Must sign formal MOU

17
8/8s and Research

• Must use standardize effort calculations for time
  worked in addition to 8/8s

18
MOU Procedure, cont.

• If effort and salary is being requested for an
  8/8s faculty member, or if effort proposed leads
  to an overall increase in a faculty members FTE,
  a signed copy of a memo acknowledging that it is
  increased salary for increased effort must
  accompany HRAF.

19
(No Transcript)
20
Can a split appointment increase salary?

• NO
• When a split appointment is made (5/8 at VA and
  3/8th at Emory for example) the salary is set as
  a full-time appointment. Just like full-time
  Emory faculty, they can add new grants if their
  effort permits but will not get add effort and
  salary.

21
Standardized Calculationby using hours to
estimate

• We have adopted the practice of using hours for
  calculating purposes only.
• Insures consistency across the University
• Calculating worksheets can be provided on-line to
  ease the process

22
Policy on Memorandum of Understanding (MOU)
with The Atlanta Veterans Affairs Medical
Center Revised 02/07 All Emory School of Medicine
faculty members who are also employees of the
Atlanta Veterans Administration Medical Center
(VAMC) and who engage in funded research at
either or both institutions that is routed
through the University must complete a Memorandum
of Understanding (MOU). The MOU must specify
the title of the investigators appointment, the
responsibilities (at both the university and the
VAMC) of the proposed investigator, and the
percent of effort for research. The VAMC
commitment should be expressed as hours per week.
The MOU must be signed by the appropriate
officials of Emory and the VAMC, and must be
updated with each change of the investigators
responsibilities or distribution of effort before
funding is granted and, without a change, not
less that annually. Procedural requirements
The faculty members home department is
responsible for initializing and maintaining a
current MOU. The original MOU will be kept on
file in the Office of Sponsored Programs (OSP)
and a copy in the School of Medicine Office of
Business and Finance. Total professional
effort must be reasonable and there can be no
possible overlap in effort and/or dual
compensation for the same work. This means that
the faculty member cannot receive compensation
from both institutions for the same work and
effort. The faculty members home department
must submit a draft MOU to OSP with each research
proposal submission. OSP will require a signed
copy of the MOU for federally funded applications
when the just-in-time materials are requested,
and for all non-federally funded applications
before funding will be released. A new MOU
must be submitted November 1 of each year to
reconfirm current effort. A faculty member
must expend effort for University funded research
on University compensated time unless the MOU
shows that the effort is compensated as VAMC
effort. This means that a faculty member cannot
be compensated by the VAMC for University funded
research unless the MOU specifically states that
federally funded research is approved as VAMC
effort. A reasonable and consistently applied
temporary increase in salary will be effective
during the period requiring any additional
research effort. The School of Medicines MOU
and procedures for completing the MOU can be
found at http//www.med.emory.edu/research/inform
ation/policyprocedures/policyprocedures.cfm The
joint VA/university appointment of the
investigator constitutes 100 of his/her total
combined professional responsibilities. In the
case of faculty members who are also VAMC
employees, total professional effort will include
responsibilities at the University (including the
Clinic) and the VAMC.
23
New MOU form

• New MOU format
• Clearly distinguishes between approved effort and
  proposed effort
• Standardizes percent effort calculations and
  reduces potential audit issues
• Posted on web site with calculations so faculty
  only need to add the estimated number of hours
  they expect to work

24
(No Transcript)
25
(No Transcript)
26
Other Resources

• http//www.med.emory.edu/research/information/poli
  cyprocedures/policyprocedures.cfm
• MOU Policy
• MOU Procedure
• MOU form and calculator

27
If you stay on top of these they will be easier
to manage long term