SENATE BUDGET AND APPROPRIATIONS COMMITTEE

STATEMENT TO

[First Reprint]

SENATE, No. 2063

with committee amendments

STATE OF NEW JERSEY

DATED: JUNE 18, 2012

      The Senate Budget and Appropriations Committee favorably reports Senate Bill No. 2063 (1R), with committee amendments.

      The bill, designated as the “New Jersey Medical and Health Sciences Education Restructuring Act,” implements numerous changes to the State’s public system of higher education.

      As amended, the bill transfers all schools, institutes, and centers of the University of Medicine and Dentistry of New Jersey (UMDNJ), other than the School of Osteopathic Medicine and University Hospital, to Rutgers, The State University.  The bill provides that all debts of the University of Medicine and Dentistry associated with the schools, institutes, and centers will be transferred to Rutgers, The State University.

      This bill also transfers the School of Osteopathic Medicine of the University of Medicine and Dentistry of New Jersey to Rowan University.  The bill provides that all debts of UMDNJ incurred in the operation and administration of the School of Osteopathic Medicine and debt specifically and directly related to the real and personal property being transferred in Stratford will be transferred to Rowan University.

      The bill provides protections for all employees of University Hospital and the institutions of higher education that may be impacted by the bill, including employees of UMDNJ, University Hospital, Rutgers University-Newark, Rutgers University-Camden, and Rowan University with regard to pension rights, health benefits, collective bargaining, and civil service status, as well as the tenure, rank, or academic track of any person holding a faculty position.  The employees, upon transfer to a new entity, are to retain any accrued seniority, rank, and tenure, which are to be applied when determining eligibility for all benefits, including all paid leave time, longevity increases, and promotions.

      The bill provides that UMDNJ employees will continue to be represented by the majority representative that represented them on the bill’s effective date, unless they choose to change their representative pursuant to law.  The bill provides that Rutgers, The State University, Rowan University, and University Hospital must assume all obligations under existing or expired collective negotiations agreements that covered employees of UMDNJ on the bill’s effective date for the employees that are transferred to those institutions.  The bill further provides that employees in an existing UMDNJ negotiations unit who are transferred to or become employees of Rutgers, The State University, Rowan University, or University Hospital will be deemed to constitute an appropriate collective negotiations unit under the “New Jersey Employer-Employee Relations Act.”

The bill provides that a Labor Management Committee (LMC) must be established within 60 days of the bill’s effective date.  The LMC will be comprised of one representative from each of the majority representatives representing employees of Rutgers, The State University and UMDNJ and representatives of the administration of Rutgers, The State University.  The LMC will review all proposed restructuring and reorganization plans and will make recommendations to the board of governors of Rutgers, The State University regarding personnel and labor relations related to the proposed plans.

      The bill designates University Hospital as the principal teaching hospital of New Jersey Medical School and New Jersey Dental School and any other Newark-based medical education program, but stipulates that University Hospital is to be treated and accounted for as a separate legal entity from Rutgers, The State University, and prohibits its assets, liabilities, and funds from being consolidated or commingled with those of Rutgers, The State University.

      The bill requires that all monies allocated to UMDNJ for the use of University Hospital, regardless of their source, and which remain unexpended on the effective date of the bill, be transferred to the hospital, and that all appropriations intended for the use of University Hospital, on or after the effective date of the bill, be made directly to the hospital.

      The bill establishes a nine-member advisory board, to be designated as the University Hospital Community Oversight Board. The purpose of the board is to ensure that the mission of the hospital and the intent of the “Newark Agreements” are upheld.

      The bill requires that University Hospital obtain approval from the Superior Court of New Jersey prior to entering into a transaction that results in the acquisition of the hospital, and satisfy the requirements of the “Community Health Care Assets Protection Act,” P.L.2000, c.143 (C.26:2H-7.10 et seq.).  The bill establishes criteria to be considered by the Attorney General when making a determination that a proposed acquisition is in the public interest.  The bill also provides that prior to entering into a contract with a nonprofit corporation for the management or operation of University Hospital, the Department of Health and Senior Services will review and approve such contracts. The bill establishes criteria for such review and approval.

      The bill adds three nonvoting, ex-officio members to the University Hospital Board of Directors, as follows:  the Dean of New Jersey Medical School, the Dean of New Jersey Dental School; and the Commissioner of Health and Senior Services.  In addition, the bill revises the existing membership of the board of directors by replacing the four ex-officio members of the University Hospital Board of Trustees with four public members appointed by the Governor, with the advice and consent of the Senate, in addition to the five public members of the board of directors who are already appointed in that manner.  A person who is a member of the board of directors on the effective date of the bill would, however, be permitted to serve for the balance of the term for which that person was appointed.

      The bill revises the membership of the board of governors of Rutgers, The State University.  The bill increases the membership of the board from 11 to 15 voting members by: increasing the number of members appointed by the Governor from six to nine; and providing for the appointment of one member jointly by the President of the Senate and the Speaker of the General Assembly which member must be a resident of Essex County.  The bill also provides that of the five members of the board of trustees of Rutgers University who serve on the board of governors, one must be a resident of Essex County and one must be a resident of Middlesex County.

      This bill establishes new governance structures for Rutgers University-Newark and Rutgers University-Camden.  Under the bill’s provisions, a board of governors is established at Rutgers University –Newark.  The membership of the board will include the chancellor of Rutgers University-Newark, two members appointed by the board of governors of Rutgers University from among its members, one member appointed by the board of trustees of Rutgers University from among its members, and four members who are residents of the northern counties of the State appointed by the Governor.  The campus board of governors will have authority to: maintain a separate debt service account for Rutgers University-Newark; propose capital projects and bonding for Rutgers University-Newark to the board of governors of Rutgers University; propose an annual budget for Rutgers University-Newark to the board of governors of Rutgers University; and recommend new academic programs and degree requirements for Rutgers University-Newark to the board of governors of Rutgers University.  The bill directs the board of governors of Rutgers, The State University to appoint a second chancellor at Rutgers University-Newark to oversee the Newark-based schools, institutes and centers of UMDNJ that are transferred to Rutgers, The State University.

      Under the bill’s provisions, a campus board of trustees is established at Rutgers University-Camden.  The membership of the board will include the chancellor of Rutgers University-Camden, two members appointed by the board of governors of Rutgers University from among its members, one member appointed by the board of trustees of Rutgers University from among its members, and four members who are residents of the southern counties of the State appointed by the Governor.

      The campus board of trustees of Rutgers University-Camden will have authority similar to that of the board of governors of Rutgers University, such as setting tuition and fees, disbursing funds appropriated to each of those campuses, preparing an annual budget, planning for capital projects, and entering into contracts for the construction of such projects.  However, the board of governors of Rutgers University will determine standards for the establishment and evaluation of academic programs, standards for the award of degrees, and standards for the promotion and award of tenure to faculty.

      Under the bill’s provisions, the board of governors of Rutgers University will continue to hold title to the property and assets located on Rutgers University-Camden.  However, the board of governors will enter into a 99-year lease agreement with the campus board of trustees under which the board of governors will have no responsibility or control over the property and assets.  Under the lease agreement, the board of trustees of Rutgers University-Camden will make an annual payment of $1 and will also pay any debt service directly related to the facilities and properties located on the campus.  At the end of the lease agreement Rutgers University-Camden will have the option to purchase the property at fair market value.

      The Rutgers University board of governors and the Rutgers University-Camden board of trustees will also enter into an agreement in regard to participation of the campus in the central administrative services and systems provided by Rutgers University, such as the library system and information technology systems.

      The bill establishes the Rowan University-Rutgers Camden Board of Governors. Under the bill, the authorities granted to the boards of trustees at Rutgers University-Camden and Rowan University will be subject to the approval of the board.  In addition, the bill authorizes the  board to: approve or disapprove of any decision of the board of trustees of Rowan University or the board of trustees of Rutgers University-Camden; determine policies for the organization, administration, and development of curriculum and programs of Rowan University and Rutgers University-Camden, including dual degree programs and partnerships between the institutions; make joint faculty appointments to Rowan University and Rutgers University-Camden; determine policies for the shared utilization of each institution’s resources including housing, student affairs, and security; provide curricular oversight of joint programs of Rowan University and Rutgers University-Camden; and develop plans and policies for the operation and governance of health science facilities, including policies concerning the development and financing of capital improvements or expansions of health science facilities.

      Under the bill, Rowan University is established as a public research university along with Rutgers, The State University and the New Jersey Institute of Technology.  Currently, Rowan University is one of nine State colleges organized pursuant to chapter 64 of Title 18A of the New Jersey Statutes.

      The current board of trustees of Rowan University is continued.  The board of trustees is given authority similar to that of the boards of the other public research universities in the State, including the authority to participate as the general partner or as a limited partner, either directly or through a subsidiary corporation created by the university, in limited partnerships, general partnerships, or joint ventures engaged in the development, manufacture, or marketing of products, technology, scientific information or health care services.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

· clarify that the transfer of all schools, institutes, and centers of UMDNJ to Rutgers, The State University does not include University Hospital;

· limit the debts being transferred to Rowan University as a result of the transfer of the School of Osteopathic Medicine  to debts of UMDNJ incurred in the operation and administration of that school and debt related to the property being transferred in Stratford to Rowan University;

· provide that the amount of State funding provided to University Hospital must be sufficient to maintain the current level of community services and to maintain University Hospital as an acute care facility and trauma center;

· require that any nonprofit corporation that enters into a contract to operate and manage or assist in the operation and management of University Hospital must have its contract reviewed and approved by the Department of Health and Senior Services;

· establish criteria by which the Department of Health and Senior Services must evaluate any contract between University Hospital and a nonprofit entity for the management or operation of the hospital;

· establish criteria that the Attorney General must consider when determining whether a proposed acquisition of University Hospital is in the public interest;

· provide for the establishment of a Labor Management Committee (LMC), comprised of majority representatives of employees of Rutgers, The State University and UMDNJ and representatives of the administration of Rutgers, The State University;

· direct the board of governors of Rutgers, The State University to appoint a second chancellor at Rutgers University-Newark to oversee the Newark-based schools, institutes and centers of UMDNJ that are transferred to Rutgers, The State University pursuant to the bill’s provisions;

· provide that in addition to the three additional voting members to be appointed by the Governor to the board of governors of Rutgers University, there will be another voting member added to the board of governors who will be appointed jointly by the President of the Senate and the Speaker of the General Assembly and who must be a resident of Essex County.  The amendments also eliminate the requirement included in the original bill that the chairperson of the board of governors of Rutgers University-Newark be a member of the board of governors of Rutgers University;

· provide that of the five Rutgers University board of trustee members who sit on the board of governors of Rutgers University, one must be a resident of Essex County and one must be a resident of Middlesex County;

· provide employee protections to employees of Rutgers University-Newark and Rowan University;

· provide that the Rowan University-Rutgers Camden Board of Governors is authorized to not take any action that would violate any of the bond covenants of Rutgers, The State University or Rowan University;

· restrict the Rowan University-Rutgers Camden Board of Governors from reallocating any funds or endowments from one university to the other, or from exerting any authority over the tenure of faculty at either institution;

· prohibit, for a period of 12 months following the bill’s effective date, the layoff of any employee of UMDNJ, Rutgers, The State University, or Rowan University, who was represented by a majority representative on the bill’s effective date, as a result of any reorganization, restructuring, merger or acquisition that occurs as a result of the implementation of the bill’s provisions; and

· change the bill’s effective date to July 1, 2013 and provide that the bill will first apply to the 2013-2014 academic year. The bill in its original form had an effective date of 180 days after the date of enactment.

FISCAL IMPACT:

The Office of Legislative Services (OLS) cannot estimate the potential impact of the legislation due to key information that has not been made available at this time.  However, the OLS notes several areas of the bill that may have a fiscal impact.

Rutgers University

• There may be transition costs associated with acquiring and integrating the University of Medicine and Dentistry of New Jersey (UMDNJ), except for the School of Osteopathic Medicine, such as integrating information technology systems and payroll processing.
• Transferring the debt obligations of UMDNJ to Rutgers University may require Rutgers University to restructure or defease the bonds in order to satisfy bondholder obligations.  The debt transfer to Rutgers University may also impact its bond rating and borrowing costs, but this may not be known until a bond credit rating agency such as Moody’s completes an analysis of the final reorganization plan.
• Rutgers University may be required to incur costs to defease its bonds after leasing the property and assets of Rutgers University – Camden.

University Hospital

• In prior years, University Hospital has incurred annual operating losses, which UMDNJ has consistently subsidized.  In FY 2009-2010, the State appropriated $30.9 million for the “UMDNJ – Stabilization” which supported University Hospital operations.  Under the bill, University Hospital would receive a direct State appropriation and due to its operating losses, may need additional State appropriations to maintain its current level of operations.
• University Hospital owes an unspecified amount to UMDNJ for funds that UMDNJ provided to cover the operating losses over the past few years.
• University Hospital may be required to obtain, at the minimum, medical malpractice insurance, for any claims or suits.  A significant part of the $138 million in claims against UMDNJ involves University Hospital.
• Under the bill, University Hospital will be allowed to enter into an agreement with a non-profit corporation to operate and manage University Hospital, without a competitive bidding process.  The costs of such an agreement are not yet known.

Rutgers University - Camden

• Under the bill, Rutgers University – Camden will enter into a 99-year lease agreement for the property and assets located on Rutgers-Camden. The lease agreement will provide for an annual payment of $1 per year to Rutgers University, and include the payment by Rutgers-Camden of any debt service associated with the facilities and property of Rutgers-Camden. The size of the debt and the debt service have not yet been determined.  Rutgers University may need to defease some or all of its outstanding bonds to satisfy bondholders, and Rutgers-Camden may be responsible for some of those costs.
• The cost of maintaining, insuring, and developing the property and assets on Rutgers-Camden is not known.
• The bill requires Rutgers-Camden to utilize the central administrative services and systems provided by Rutgers University, such as information technology systems and the library system, at a proportional amount of reimbursement for its use of the services.  This rate has yet to be determined.

Rowan University

• The “public research university” designation bestowed on Rowan University has an indeterminate impact, as there is no State funding formula for the senior public institutions that appropriates additional funds to institutions with this designation.
• There may be transition costs associated with acquiring and integrating the School of Osteopathic Medicine from UMDNJ, such as integrating information technology systems and payroll processing.
• Rowan University may need significant infrastructure improvements, the extent and costs of which are currently unknown, to support the research capabilities of the School of Osteopathic Medicine that would help the School of Osteopathic Medicine maintain accreditation.
• Any debt incurred in the operation and administration of the School of Osteopathic Medicine and debt specifically and directly related to the real and personal property being transferred in Stratford would transfer to Rowan University. The size of this debt and the debt service payments associated with it are not yet available.
• Rowan University may need to obtain sufficient medical malpractice insurance for the physicians and other employees at the School of Osteopathic Medicine, which was previously covered by UMDNJ.