Page:United States Statutes at Large Volume 118.djvu/2668

 118 STAT. 2638 PUBLIC LAW 108–445—DEC. 3, 2004 and consider the recommendations of an appropriate panel or board composed of physicians or dentists (as applicable). ‘‘(ii) A physician or dentist may not be a member of the panel or board that makes recommendations under clause (i) with respect to the market pay of such physician or dentist, as the case may be. ‘‘(iii) The Secretary should, to the extent practicable, ensure that a panel or board consulted under this subparagraph includes physicians or dentists (as applicable) who are prac ticing clinicians and who do not hold management positions in the medical facility of the Department at which the physician or dentist subject to the consultation is employed. ‘‘(5) The determination of the amount of market pay of a physician or dentist shall take into account— ‘‘(A) the level of experience of the physician or dentist in the specialty or assignment of the physician or dentist; ‘‘(B) the need for the specialty or assignment of the physician or dentist at the medical facility of the Depart ment concerned; ‘‘(C) the health care labor market for the specialty or assignment of the physician or dentist, which may cover any geographic area the Secretary considers appropriate for the specialty or assignment; ‘‘(D) the board certifications, if any, of the physician or dentist; ‘‘(E) the prior experience, if any, of the physician or dentist as an employee of the Veterans Health Administra tion; and ‘‘(F) such other considerations as the Secretary con siders appropriate. ‘‘(6) The amount of market pay of a physician or dentist shall be evaluated by the Secretary not less often than once every 24 months. The amount of market pay may be adjusted as the result of an evaluation under this paragraph. A physician or dentist whose market pay is evaluated under this paragraph shall receive written notice of the results of such evaluation in accordance with procedures prescribed under section 7433 of this title. ‘‘(7) No adjustment of the amount of market pay of a physician or dentist under paragraph (6) may result in a reduc tion of the amount of market pay of the physician or dentist while in the same position or assignment at the medical facility of the Department concerned. ‘‘(d) PERFORMANCE PAY.—(1) One element of pay for physicians and dentists shall be performance pay. ‘‘(2) Performance pay shall be paid to a physician or dentist on the basis of the physician’s or dentist’s achievement of specific goals and performance objectives prescribed by the Secretary. ‘‘(3) The Secretary shall ensure that each physician and dentist of the Department is advised of the specific goals or objectives that are to be measured by the Secretary in determining the eligi bility of that physician or dentist for performance pay. ‘‘(4) The amount of the performance pay payable to a physician or dentist may vary annually on the basis of individual achievement or attainment of the goals or objectives applicable to the physician or dentist under paragraph (2). Notice.

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