Att._1-PWS_-_Transcription_Svc_(Revised)_(1)_18_Mar_14_1030.pdf

Solicitation No. FA5209-14-T-0073

Attachment 1

PERFORMANCE-BASED WORK STATEMENT

FOR

INPATIENT SERVICES ELEMENT (374 MDSS/SGST)

TRANSCRIPTIONS SERVICE

FOR

374TH MEDICAL GROUP,

YOKOTA AIR BASE, JAPAN

14 Apr 14

INPATIENT SERVICES ELEMENT TRANSCRIPTION SERVICES

FOR 374TH MEDICAL GROUP, YOKOTA AIR BASE, JAPAN

1. DESCRIPTION OF SERVICES/GENERAL INFORMATION: The Contractor shall provide full transcription services for 374th Medical Group, Yokota AB, Japan also referred to as Inpatient Services

Element under the "Medical Treatment Facility" (MTF) herein. The Contractor service and care shall cover the range of services provided in a civilian MTF. The 374th Medical Group Inpatient Services personnel will upload all provider dictations to the transcription system. Performance shall be according to the requirements contained in this performance-based work statement (PWS), and professional standards of the Joint Commission (JC) and

Health Services Inspection (HSI).

1.1. TRANSCRIPTION SERVICES SPECIFIC TASKS:

1.1.1. Transcription. The contractor shall process all dictations/documents within the 24-hour turn-around time. (all transcriptions performed will be transcribed in English, not transcribed in any other language).

Transcribe medical documents shall be typed accurately based on the clarity of provider dictation. If a word is not clear, the contractor shall leave enough space for the Government to write/type the correct word.

1.1.2. Emergency Transcription. The contractor shall provide expedited transcription services within 12 hours if requested by the Government. The Government will email new providers' names to the contractor to be added for provider template updates.

1.1.3. Web-based Program. The contractor shall provide a web-based program that allows the Government to upload providers' dictations for transcription, and download contractor-transcribed dictation documents to be printed.

1.2. GENERAL INFORMATION:

1.2.1. PERSONNEL REQUIREMENTS - Applies to all Personnel unless otherwise stated:

1.2.1.1. Contract Manager: The contractor shall provide a point of contact manager and alternate who shall be notified for any requests, complaints and other issues related to transcriptions. The name of this person and alternate(s) who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer prior to contract start date.

1.2.1.1.1. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract and be readily available when there are any issues or concerns.

1.2.1.1.2. The contract manager and alternate(s) must be able to read, write, speak, and understand English.

1.2.1.1.3. Contract personnel must be proficient in English. At a minimum, contract personnel must have a high school diploma and capable of translating some medical information.

1.2.1.2. U.S. GOVERNMENT OR MASTER LABOR CONTRACT EMPLOYEES. The Contractor shall not hire employees of the U.S. Government and/or Master Labor Contract employees in violation of the Procurement Integrity Act. See FAR Section 3.104. Further, the Contractor shall not employ any Department of Defense employee, either military or civilian, unless such person seeks and receives approval in accordance with Department of Defense 5500.7-R, Joint Ethics Regulation.

1.2.2. HIPAA COMPLIANCE. The Contractor agrees to abide by all the requirements of the Health

Insurance Portability and Accountability Act (HIPAA) as codified at 45 CFR Part 160 and Part 164, subparts A and E, and implemented by DoD 6025.18-R regarding the privacy and confidentiality of health records and information being provided and shared under the resulting contract. The Contractor shall also comply with the Business Associate Agreement listed in the appendix under Privacy of

Protected Health Information and hereby incorporated into this performance-based work statement.

HIPPA is comprised of several different sections, each to be implemented by the Dept. of Health and Human

Services. The medical facilities of the military services and the DOD health plans are specifically listed as covered by HIPAA. Currently, HIPAA Privacy and Security rules, as set forth in the Code of Federal

Regulations, are in effect for all MTFs. The specific implementation of HIPAA Privacy for DOD medical

AF MTFs are contained in DOD 8580.02-R and AFI 41-217, which also contains additional Information

Assurance requirements for all AF MTFs. DOD 6025.18-R, DOD 8580.02-R and AFI 41-217 are incorporated herein by reference. MTFs are responsible to insure overall compliance with HIPAA requirements, which includes incorporation of certain requirements in contracts entered or amended after the respective implementation dates.

IAW these regulations, the Contractor and its employees meet the definition of Business Associates.

Therefore, a Business Associate Agreement is required by low to comply with both the HIPAA Privacy and

Security regulations. This clause serves as that agreement for each MTF, WHEREBY THE Contractor and its employees agree to abide by all HIPAA Privacy and Security requirements regarding health information as defined in this clause, DoD 6025-18-R, DOD 8520.02-R and AFI 41-217, additional HIPAA requirements will be addressed when implemented.

1.2.3. GOVERNMENT INSPECTION. The Contracting Officer’s Representative (COR) will periodically evaluate the Contractor's performance to ensure services are received. The COR will evaluate the Contractor's performance through inspections of medical documents transcribed. The COR may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints. Likewise, the COR may decrease the number of quality control inspections if performance dictates. The COR shall make final determination of the validity of customer complaint(s).

1.2.4. INVOICE SUBMISSION. The Contractor shall submit invoices monthly via Wide Area Work

Flow (WAWF). A invoice shall include a number of lines done per month.

2. SERVICES SUMMARY (SS)

SS # and Performance Objectives

PWS Para

Performance Threshold

SS 1: Transcription

1.1.1.

98 % of total request

SS 2: Web-based Program

1.1.3.

100 % of request

3. GOVERNMENT FURNISHED PROPERTY/SERVICES: NIA

4. APPENDICES

APPENDIX A: Privacy of Protected Health Information

APPENDIX B: Historical Data

APPENDIX A

1. PRIVACY OF PROTECTED HEALTH INFORMATION

(a) Definitions. As used in this Business Associate Agreement:

Individual has the same meaning as the term "individual" in 45 CPR 164.501 and shall include a person who qualifies as a personal representative in accordance with 45 CPR

164.502(g).

Privacy Rule means the Standards for Privacy of Individually Identifiable Health

Information at 45 CPR Part 160 and Part 164, subparts A and E.

Protected Health Information has the same meaning as the term "protected health information" in 45 CPR 164.501, limited to the information created or received by The Contractor from or on behalf of The Government.

Required by Law has the same meaning as the term "required by law" in 45 CPR 164.501.

Secretary means the Secretary of the Department of Health and Human Services or his/her designee.

Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in 45 CPR 160.103 and 164.50I.

(b) The Contractor shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.

(c) The Contractor shall use appropriate safeguards to prevent use or disclosure of the

Protected Health Information other than as provided for by this Contract.

(d) The Contractor shall mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Contract.

(e) The Contractor shall report to the Government any use or disclosure of the

Protected Health Information not provided for by this Contract.

(f) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor on behalf of the Government agrees to the same restrictions and conditions that apply through this

Contract to the Contractor with respect to such information.

(g) The Contractor shall provide access, at the request of the Government, and in the time. and manner designated by the Government to Protected Health Information in a Designated

Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.

(h) The Contractor shall make any amendment(s) to Protected Health Information in a

Designated Record Set that the Government directs pursuant to 45 CFR 164.526 at the request of the Government and in the time and manner designated by the Government.

(i) The Contractor agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the

Contractor on behalf of the Government, available to the Government, or at the request of the

Government to the Secretary, in a time and manner designated by the Government or the

Secretary, for purposes of the Secretary determining the Government compliance with the Privacy

Rule.

(j) The Contractor agrees to document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

(k) The Contractor agrees to provide to the Government or an Individual, in time and manner designated by the Government, information collected in accordance with this Business

Associate Agreement of the Contract, to permit the Government to respond to a request by an

Individual for an accounting of disclosures of Protected Health Information in accordance with 45

CFR 164.528.

General Use and Disclosure Provisions

Except as otherwise limited in this Agreement, the Contractor may use or disclose Protected

Health Information on behalf of, or to provide services to, the Government if such use or disclosure of Protected Health Information would not violate the Privacy Rule or the Department of Defense Health Information Privacy Regulation.

Specific Use and Disclosure Provisions

(a) Except as otherwise limited in this Agreement, the Contractor may use

Protected Health Information for the proper management and administration of the

Contractor or to carry out the legal responsibilities of the Contractor.

(b) Except as otherwise limited in this Agreement, the Contractor may disclose Protected

Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached.

(c) Except as otherwise limited in this Agreement, the Contractor may use Protected Health

Information to provide Data Aggregation services to the Government as permitted by 45 CFR

164.504(e)(2)(i)(B).

(d) Contractor may use Protected Health Information to report violations of law to appropriate

Federal and State authorities, consistent with 45 CFR 164.5020)(1).

Obligations of the Government

Provisions for the Government to Inform the Contractor of Privacy Practices. and Restrictions

(a) Upon request, the Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520, as well as any changes to such notice.

(b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the

Contractor's permitted or required uses and disclosures.

(c) The Government shall notify the Contractor of any restriction to the use or disclosure of

Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522.

Termination

(a) Termination. A breach by the Contractor of this Business Associate Agreement, may subject the Contractor to termination under any applicable default or termination provision of this

Contract.

(b) Effect of Termination.

(1) If this contract has records management requirements, the records subject to this Business Associate

Agreement should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraph (2) below.

(2) If this contract does not have records management requirements, upon termination of this Contract, for any reason, the Contractor shall return documents less than six years old or destroy documents older than six years of all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected

Health Information that is in the possession of subcontractors or agents of the Contractor. The

Contractor shall retain no copies of the Protected Health Information.

Miscellaneous

(a) Regulatory References. A reference in this Agreement to a section in the Privacy

Rule means the section as in effect or as amended, and for which compliance is required.

(b) Survival. The respective rights and obligations of Business Associate under the

"Effect of Termination" provision of this Agreement shall survive the termination of this

Contract.

(c) Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits the Government to comply with the Privacy Rule.

APPENDIX B

Historical Data – A Number of Lines per Month

MONTH NO. OF LINES

Oct-12 8,955

Nov-12 8,971

Dec-12 9,682

Jan-13 9,829

Feb-13 12,962

Mar-13 10,959

Apr-13 16,860

May-13 18,265

Jun-13 7,215

Jul-13 17,703

Aug-13 12,962

Sep-13 15,345

TOTAL 149,708

Average/month 12,476

Oct-13 16,579

Nov-13 12,645

Dec-13 8,306

Jan-14

Feb-14

Historical Data – A Number of Emergency Transcription Requet

Period of 1 Aug 13 thru 1 Apr 14: 1 case