ATTACHMENT 1_ Amended Sol Page 11.pdf

36C24122Q0332

2.9. BENEFICIARY PRIVACY AND CONFIDENTIALITY

Because the Contractor will have potential access to Protected Health Information (PHI) and Electronic Protected Health Information (EPHI) and is considered a covered entity, the Contractor is subject to regulations and guidelines issued by the Department of Health and Human Services, as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”), and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”); and whereas, Department of Veterans Affairs Veterans Health Administration is a “Covered Entity” as that term is defined in the HIPAA implementing regulations, 45 CFR 160.103.

Contractor shall maintain the confidentiality of all beneficiary information and records associated with the performance of this contract. Contractor shall be required to sign Business Associate Agreement (BAA) as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

2.10. VEHICLES:

The Department of Veterans Affairs reserves the right to inspect contractor's equipment and vehicles or require documentation of compliance with contract specifications, State laws, rules, regulations, and guidelines governing passenger and handicap transport vehicles. This includes Federal 49 CFR Parts 27, 37 and 38, Transportation for individuals with Disabilities. Contractor’s vehicle fleet shall be capable of completing multiple trips per day transporting electric wheelchairs of various sizes. Minivans will not accommodate many of these types of wheelchairs. Beneficiaries authorized for transport by the VA will include bariatric beneficiaries that may require more than one person to lift.

All drivers and vehicles must be licensed in accordance with DOT regulations for the state they are licensed in.

The Department of Veterans Affairs reserves the right to restrict the Contractor's use of equipment and vehicles which are in need of repair, unclean, unsafe, damaged on the interior or exterior body. Each vehicle shall have a maintenance/safety checklist. Checklists shall be maintained at the contractor’s establishment and made available for inspection upon request. Inspections of contractor vehicles or equipment shall in no way constitute a warranty by the Department of Veterans Affairs that the contractor's vehicles and equipment are properly maintained.

Vehicles shall contain:

An emergency safety kit (e.g., bio-hazard spill kit; first aid kit; two flashlights; two sanitary blankets for beneficiary comfort), Fire suppression equipment Appropriate road emergency warning equipment (e.g., reflective triangles).

Written emergency procedures.

Protective clothing required for the protection of contractor employees where beneficiary care is expected, such as - i) gowns, ii) gloves, iii) masks, etc.

Each vehicle shall be equipped with flashing warning lights activated by the opening and loading doors and a properly functioning audible back-up signal. All vehicles must remain locked when not attended by Contractor employees to avoid unauthorized entrance. Unattended vehicles shall NOT remain running and the key shall never be left in the ignition

The wheelchair van transport vehicle shall be of model and make to insure safe and comfortable transportation of wheelchair bound beneficiaries. Each vehicle shall be configured to hold a minimum of two (2) passengers