Tort_Claim_Peer_Reviews_-_Statement_of_Work.pdf

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Attached to
Tort Claims Peer Review Services Federal contract opportunity
Solicitation number
19-236-SOL-00017-1
Issued by
Department of Health and Human Services Indian Health Service

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Tort Claims Peer Review

Statement of Work

The Federal Employees Liability Reform and Tort Compensation Act of 1988, P.L. 100-694

(commonly known as the Westfall Act, after the Supreme Court case it overturned), amended the

Federal Tort Claims Act to make it the exclusive remedy for torts committed by federal employees within the scope of their employment. In other words, it precludes federal employees from being sued for torts committed within the scope of their employment. 28 U.S.C. § 2679(b)(1).

Indian Health Service (IHS) has medical doctors employed as Federal Employees practicing medicine at various facilities. Tort claim files will be delivered to the contractor for review. The expected turnaround time for the review once the medical chart is delivered to contractor is 30 – 60 days depending on complexity. The Indian Health Service will provide all the medical records. The contractor is to review up to 75 peer reviews per year.

Sample outline for report:

I. Claim (Background)

II. Documents and Records Reviewed

III. Facts

IV. Discussion

V. Recommended Decision

Delivery Format: The drafts can be provided by e-mail, however, the final report shall be delivered by Express Mail. All shipping costs after contractor receives medical records are the responsibility of the contractor.

Tasks (Annual/Recurring) Delivery Date

Meet with Contracting Officer’s Technical Representative and Month 1

IHS Tort Claim Manager to develop work plan etc.

Receive IHS Tort Claim File(s) Month 1 -12

Review IHS Medical Malpractice Claims Month 1 -12

Prepare written report to IHS Tort Claims Manager in agreed format Month 1 - 12

Period of Performance (Anticipated):

Base: April 1, 2019 to March 31, 2020

Option Period 1: April 1, 2020 to March 31, 2021

Option Period 2: April 1, 2021 to March 31, 2022

Option Period 3: April 1, 2022 to March 31, 2023

Option Period 4: April 1, 2023 to March 31, 2024

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