New Jersey § 18a:64g-6

§ 18a:64g-6.

a. Prior to entering into a contract with a nonprofit corporation operating one or

more hospitals in New Jersey to operate and manage or assist in the operation and

management of University Hospital, the Department of Health and Senior Services shall

review and approve all management contracts. Any management contract entered into by University Hospital shall be evaluated by

the Department of Health and Senior Services based upon the following criteria: (1) whether the hospital will continue its public mission and commitment to provide

a comprehensive healthcare program and services to the greater Newark community, including

acute care, and emergency and other essential services provided by the hospital; (2) whether the cost of the management contract is fair and reasonable; (3) whether the management contract provides for the full disclosure of all management

and other fees; (4) whether the management contract requires the hospital's annual audited financial

statements be filed with the Department of Health and Senior Services and posted on

the hospital website; (5) whether the management contract retains status of University Hospital employees

as public employees within the meaning of subsection d. of section 3 of the “New Jersey

Employer-Employee Relations Act,” P.L.1941, c. 100 ( C. 34:13A-3 ); and (6) whether the University Hospital Community Oversight Board has reviewed the terms

of the agreement. b. Due to the unique nature of an acute care management contract, a competitive contracting

method shall be used for a contract to operate and manage or assist in the operation

and management of University Hospital. Prior to entering into a contract with a nonprofit corporation to operate and manage

or assist in the operation or management of University Hospital, University Hospital

shall prepare a Request for Proposals describing with reasonable specificity the management

services to be provided by a nonprofit corporation, and shall publish the Request

for Proposals on its public Internet website no less than 30 days prior to the date

established by University Hospital for the submission of proposals for any contract

for management services. c. No less than 60 days prior to the award of any contract for management services,

a notice of the intent to award a contract to manage and operate or assist in the

management and operation of University Hospital shall be published on the hospital's

public Internet website. d. Any management contract entered into by University Hospital after the enactment

date of this act 1 shall retain the status of University Hospital bargaining unit employees as public

employees within the meaning of subsection d. of section 3 of the “New Jersey Employer-Employee

Relations Act,” P.L.1941, c. 100 ( C.34:13A-3 ). Employees of the nonprofit corporation awarded the contract to manage and operate

University Hospital shall not be required to be public employees within the meaning

of subsection d. of section 3 of the “New Jersey Employer-Employee Relations Act,”

P.L.1941, c. 100 ( C.34:13A-3 ). Employees of the nonprofit corporation awarded the management contract shall not

perform the duties of public employees represented by majority representatives employed

by University Hospital prior to the effective date of the management contract, except

to the extent that such duties are incidental to their management duties. e. Any contract with a nonprofit corporation operating one or more hospitals in New

Jersey to manage and operate or assist in the management or operation of University

Hospital entered into after the enactment date of this act shall satisfy all conditions

set forth in this section. 1

L.2012, c. 45, enacted Aug. 22, 2012.