Wednesday, June 25, 2014

Does the New York Non-Profit Revitalization Act of 2013 apply to you?


Below is a summary of key points as they relate to conflict of interest.
Conflicts of Interest and Related Party Transactions

  1. Creates new definitions of “independent director,” “related party” and “related party transactions.”

  1. Prohibits an employee of a not-for-profit corporation from serving as the chair of the board of directors.

  1. Prohibits directors, officers, and members from being present when compensation is deliberated, if such individuals might benefit from the compensation under discussion.

  1. Prohibits not-for-profit corporations from entering into related party transactions, unless the board determines the transaction to be “fair, reasonable, and in the corporation’s best interest.”

  1. Requires the board to consider alternatives to a related party transaction, when a related party has a “substantial financial interest.”

  1. Prohibits related parties from participating in voting or deliberations concerning a related party transaction.

  1. Authorizes the Attorney General to enjoin, void or rescind related party transactions or seek additional damages and other remedies, including removal of directors and officers.

  1. Requires not-for-profit corporations to adopt conflict of interest policies and sets forth the requisite elements of such policies.

  1. Requires directors to file with the corporation’s secretary an annual statement of any potential conflicts.

  1. Adds “key employees” to the list of individuals against whom legal action may be brought for misconduct in relation to corporate assets.

  1. Includes parallel provisions in the EPTL to govern charitable trusts.


Osprey COI RiskManager™ (a powerful web-based solution) conflict of interest software, efficiently captures, tracks and reports the required disclosures for thousands of researchers, post-docs, fellows, board and faculty members, for any industry. The system also protects organizations by ensuring compliance with the new regulations set forth by the Public Health service (PHS) funds from the National Institutes of Health (NIH) 
 
 
Why COI RiskManager?
  • Flexible and easy to use solution
  • Meets your requirements
  • 30 day implementation
  • No long term contracts
  • 100% client retention
  • Outstanding customer service

Click Here for a Demo

Tuesday, June 10, 2014

How to manage conflict of interest and conflict of commitment


Researchers and staff are often faced with competing demands on time and responsibilities. A "Conflict of Interest" occurs when an individual has the opportunity to use his or her position for personal financial gain or to benefit a company in which the individual has a financial interest.

A “Conflict of Commitment” exists when an employee's outside activities demand their time and attention to the point where it interferes with the individual’s responsibilities. It may also occur when a researcher participates in competing obligations such as: working on another project, investing time in a new grant application, mentoring or peer review.

Conflicts of interests or commitments may not always be a concern; rather, the way in which the conflict is managed makes all of the difference. Researchers are expected to be transparent about how their time is spent and report any interests that may cause a potential conflict.  By doing so, objective parties can review the nature of the disclosures and determine if any actions are required to remove the appearance of a conflict.  Transparency of information combined with performance of due diligence helps protect all parties from any possible negative future actions.  

Some organizations manage this process via paper which is very ineffective and opens them up to unnecessary risks and errors. Forward thinking organizations have implemented software solutions to manage and simplify their process while protecting themselves from undue consequences.

What are the benefits managing this process with COI software?
  • Easy to use and deploy
  • Reduces risk and costs
  • Improves organizational effectiveness

How does it work?
  • Automatically identifies potential conflicts
  • Improves participant compliance levels
  • Automates disclosure and review process
  • Keeps an audit trail of actions

COI RiskManager: Disclose, Review, Report, Resolve.
  • 30 day implementation
  • No long term contracts
  • 100% client retention
  • Outstanding customer service

Contact Michael Vidoni for a demo: Phone 518-203-3995 or michael.vidoni@ospreysoftware.com

Tuesday, May 20, 2014

COI RiskManager, conflict of interest software, easily integrates with Shibboleth SSO

Many organizations, including universities, require their conflict of interest solution to integrate with Shibboleth.

COI RiskManager is proven in delivering requirements for large state universities, healthcare systems, medicare administrators and government related organizations. One of the many requirements that we have extensive experience in is integrating with Shibboleth.

Shibboleth is among the world's most widely deployed federated identity solutions, connecting users to applications both within and between organizations. Every software component of the Shibboleth system is free and open source.


Shibboleth is an open-source project that provides Single Sign-On capabilities and allows sites to make informed authorization decisions for individual access of protected online resources in a privacy-preserving manner.


Why COI RiskManager?
  • Flexible and easy to use solution
  • Meets your requirements
  • 30 day implementation
  • No long term contracts
  • 100% client retention
  • Outstanding customer service

Click Here for a Demo

Monday, May 19, 2014

Managing Conflict of Interest in NIH Peer Review of Grants and Contracts

Below is some important information regarding: Managing conflict of interest in NIH peer review of grants and contracts per the National Institutes of Health's website.

If John is a paid employee of Science University, which has submitted a research application to NIH, can he serve on the panel that reviews the application? Since John has a conflict of interest with the application, he may not review that particular application and will have to be out of the room during the discussion and evaluation of that application, but may serve on the panel to review other applications.

The core values of impartiality, fairness, and integrity are fundamental to the NIH peer review process. NIH Scientific Review Officers (SROs) spend considerable time and energy identifying appropriate reviewers and managing reviewer conflicts of interest (COI).
Application of the Rules

The rules for managing COI addressed on this page apply to peer reviewers participating in:
  • initial peer review for all types of grant programs, with the exception of construction grants, and
  • peer review of proposals for Research and Development (R & D) contracts.
When does COI arise?

What are the types of conflicts that raise red flags? Check out the many types below. Note that COI is handled differently for reviewers of grants and R&D contracts.
  • Direct financial benefit: A reviewer may not serve on a particular study section if he/she or his/her close relative could receive direct benefit from any application or proposal reviewed in that study section's meeting.

  • Indirect financial benefit: A reviewer may not serve on a particular study section if he/she or his/her close relative could receive indirect financial benefit, from any of the multiple Program Directors/Principal Investigators with applications or proposals in the meeting, that in the aggregate exceed $10,000 per year.

  • Major professional roles: A reviewer may not serve on a particular study section if he or she is contributing to the scientific development or execution of any project under review in the meeting in a substantive, measurable way (Senior/Key Personnel, Project/Site/Core Directors, Other Significant Contributors, collaborators, and consultants).

  • Employment: A reviewer who is a salaried, full or part-time employee of any of the multiple Program Directors/Principal Investigators, or any of the institutions submitting an application or proposal:
    • May not participate in the evaluation of that grant application, or
    • May not serve on the study section evaluating that contract proposal.
  • Professional Associates: A reviewer whose professional associate (colleague, scientific mentor, student, collaborator, etc., within the last three years) plays a major professional role:
    • On a grant application may not participate in the evaluation of that application.
    • On an R&D contract proposal may not serve on the study section evaluating that proposal.
  • Appearance of a COI: Any situation that could cause a reasonable person with all the relevant facts to question the impartiality of the reviewer or that leads a reviewer to question his or her objectivity means that the reviewer:
    • May not participate in the evaluation of that grant application.
    • May not serve on the study section where that R&D contract proposal is evaluated.
  • Study section membership: An application from a member of a study section that meets regularly may not be reviewed by that member's study section.

  • Applications in response to a Request for Applications (RFA): An individual who is listed on an application submitted to an RFA with a major professional role may not serve on a study section evaluating any applications from that same RFA.
Certifying COI

Each NIH peer reviewer must certify, under penalty of perjury (US Code Title 18 chapter 47 section 1001), that to the best of his or her knowledge he/she has disclosed all conflicts of interest that he or she may have with the applications or R&D contract proposals; he or she fully understands the confidential nature of the review process and agrees:

(1) to destroy or return all materials related to it;
(2) not to disclose or discuss the materials associated with the review, the evaluation, or the review meeting with any other individual except as authorized by the Scientific Review Officer (SRO) or other designated NIH official;
(3) not to disclose procurement information prior to the award of a contract; and
(4) to refer all inquiries concerning the review to the SRO or other designated NIH official.

Osprey COI RiskManager™ (a powerful web-based solution) conflict of interest software, efficiently captures, tracks and reports the required disclosures for thousands of researchers, post-docs, fellows, board and faculty members, for any industry. The system also protects organizations by ensuring compliance with the new regulations set forth by the Public Health service (PHS) funds from the National Institutes of Health (NIH) 
 
Osprey COI RiskManager™

  • Easy to use and deploy
  • Reduces risk and costs
  • Proven in world-class organizations
  • Improves organizational effectiveness
Contact information:

For more information about Osprey COI RiskManagerTM, call Osprey at 518-203-3995 or michael.vidoni@ospreysoftware.com

Conflict of Interest Software, Why choose COI RiskManager?

COI RiskManager™ (a powerful conflict of interest web-based solution) efficiently captures, tracks and reports the required disclosures for thousands of researchers, post-docs, fellows, board and faculty members, for any industry. 

 

What are the Benefits?

  • Easy to use and deploy
  • Reduces risk and costs
  • Proven in world-class organizations
  • Improves organizational effectiveness

How does it work?

  • Automatically identifies potential conflicts
  • Improves participant compliance levels
  • Automates the disclosure and review process
  • Keeps an audit trail of all information in one location

Why COI RiskManager?

  • 30 day implementation
  • No long term contracts
  • 100% client retention
  • Outstanding customer service

Click Here for a Demo

Osprey's COI RiskManager will be on display at the Society of Corporate Compliance and Ethics.

Friday, April 25, 2014

COI RiskManager, Conflict of Interest Management Software, is sponsoring at SCCE's Annual Compliance & Ethics Institute


Compliance and Ethics Institute
September 14-17, 2014
 
SCCE's Annual Compliance & Ethics Institute is the primary education and networking event for the international compliance and ethics community. This four-day conference will help you strengthen your company's compliance or ethics program with  the latest strategies. More tracks and sessions than ever before address classic and developing issues in regulatory compliance, enforcement and program management. Networking events allow you to initiate and refresh professional relationships, and the exhibit hall is a great place to explore new products and vendor services.



Osprey COI RiskManager™ (a powerful web-based solution) conflict of interest software, efficiently captures, tracks and reports the required disclosures for thousands of researchers, post-docs, fellows, board and faculty members, for any industry. The system also protects organizations by ensuring compliance with the new regulations set forth by the Public Health service (PHS) funds from the National Institutes of Health (NIH) 
 
Osprey COI RiskManager™

  • Easy to use and deploy
  • Reduces risk and costs
  • Proven in world-class organizations
  • Improves organizational effectiveness
Contact information:

For more information about Osprey COI RiskManagerTM, call Osprey at 518-203-3995 or michael.vidoni@ospreysoftware.com

Wednesday, April 23, 2014

Proposed Rule would expand scope of personal conflict of interest regulation



Under a proposed regulation, Individual contractors will face more conflict of interest scrutiny.


The Proposed rule:

DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act (NDAA) for Fiscal Year 2013 to extend the limitations on contractor employee personal conflicts of interest to apply to the performance of all functions that are closely associated with inherently governmental functions and contracts for personal services.DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act (NDAA) for Fiscal Year 2013 to extend the limitations on contractor employee personal conflicts of interest to apply to the performance of all functions that are closely associated with inherently governmental functions and contracts for personal services.

If it goes through, it would expand strictures against personal conflicts of interest beyond just contractors with non-governmental acquisition duties. That would make the scope of personal conflict of interest regulations match those controlling organizational conflict of interest.


About Osprey COI RiskManager
Osprey COI RiskManager™ (a powerful web-based solution) efficiently captures, tracks and reports the required disclosures for several thousands of researchers, post-docs, fellows, board and faculty members, for any industry.


Contact information:

For more information about Osprey COI RiskManagerTM, call Osprey at 518-203-3995 or michael.vidoni@ospreysoftware.com