PWS_-_RMC.pdf

PERFORMANCE-BASED WORK STATEMENT

FOR

REFERRAL MANAGEMENT CENTER ADMINISTRATIVE

TECHNICIAN

FOR

374TH MEDICAL GROUP,

YOKOTA AIR BASE, JAPAN

374 MDSS/SGST

1 Feb 2017

REFERRAL MANAGEMENT CENTER ADMINSTRATOR TECHNICIAN

AT 374TH MEDICAL GROUP YOKOTA AIR BASE, JAPAN

1. DESCRIPTION OF SERVICES/GENERAL INFORMATION: This is a non-personal health care services contract, under which the contractor is an independent contractor. The Contractor shall provide one (1) Referral Management Center (RMC) Administrative Technician to provide services required for Government beneficiaries. The Contractor shall conduct administrative functions at the 374th Medical Group, Yokota AB, Japan also referred to as the “Medical Treatment Facility” (MTF) herein. Performance shall be according to the requirements contained in this performance-based work statement (PWS), professional standards of the Joint Commission (JC), and Unit Effectiveness Inspection (UEI).

1.1. Non-personal services: The services to be performed shall be non-personal services and are not inherently governmental functions. The contractor is solely liable for the actions of their employees.

1.1.1. Mission Essential Status: Contractor personnel are not designated as mission essential personnel.

1.2. SPECIFIC TASKS:

1.2.1. Initial MTF specific training will occur during Orientation IAW section 1.2.8.1. of this PWS. Additional training may be required as guidelines change.

1.2.2. Assists in preparing a wide variety of recurring and some nonrecurring correspondence, reports, and other documents.

1.2.3. Proofreads/edits documents. Ensures coordination procedures are followed.

1.2.4. Assists in preparing patient briefing packets, routing/delivery of correspondences (referrals, CDs, reports, etc.) from RMC staff throughout the MDG.

1.2.5. Provide front desk coverage. Receives telephone calls, greets visitors, and receives/relays messages for RMC staff members. Provides excellent telephone etiquette and communication skills.

1.2.6. Assists with scheduling of patient appointments (MTF appointments at all locations near Yokota AB) and documenting/tracking of the referral in the Referral Management System (RMS) Tracking Database and within the Composite Health Care System (CHCS).

1.2.7. Verifies patients are registered In CHCS and DEERS; updates demographic information as needed. Obtain current, accurate contact information (i.e. cell/home phone number).

1.2.8. Assists with scheduling of specialty referral appointments to MTF providers using correct CHCS booking procedures, Access-to-Care (ATC) standards and established clinic capability/booking protocols.

1.2.9. Advises patients of the provider, location, time and day of referral appointments or requests the patient to call back for appointment information if not provided appointment prior to leaving MTF for MTF provider initial specialty care appointments.

1.210. Assists team members in providing pre-appointment instructions to patients as indicated by the MTF.

1.2.11. Assists in submitting referrals to the appropriate reviewer when required for medical necessity and appropriateness review.

1.2.12. Assists in tracking initial specialty care and deferred to Network primary care referrals to include obtaining reports from MTF and network providers.

1.2.13. Assists in documenting patient appointments in CHCS and/or RMS Tracking Database.

1.2.14. Assists with the creation of referrals into standard format for submission to request appointments on DD Form 2161, Referral for Civilian Medical Care.

1.2.15. Will track results of referrals received and coordinate documentation with applicable healthcare provider.

1.2.16. Will track open referrals on recurring basis to ensure ATC standards are maintained and notify patient and healthcare provider as applicable.

1.2.17. Will assist in making copies of records for Release of Information as required.

1.2.18. Will assist in coordinating translation services for beneficiaries with translation contract services.

1.2.22. Will be trained on the following systems to assist as needed:

AHLTA

CHCS

Referral Manage System (RMS) Carepoint

1.3. GENERAL INFORMATION:

1.3.1. Personnel Requirements:

1.3.1.1. English Requirement: Contract personnel shall read, understand, speak, and write English. TOEIC score of at least 730 or equivalent certificate is required for non-native English speakers.

1.3.1.2. Administrative Personnel: Administrative personnel shall possess a high school diploma or General Educational Development (GED) equivalency.

1.3.1.3. Experience: At least 12 months of experience working in a medical office.

1.3.2. Identification Cards: The Government will issue a hospital identification (ID) badge which must be worn at all times within the MTF. The ID badge must be visibly displayed between the shirt collar and the waist. A Common Access Card (CAC) will also be issued to allow the contractor access to necessary computer systems and to the base and the MTF during heightened security. The identification card held by the individual will identify them as a contractor. Both cards must be carried by the individual at all times while working at the MTF.

1.3.3. Evaluations: Contract services will be reviewed by the Contracting Officer Representative within 60 days of the onset of the contract, and every 6 months thereafter.

1.3.4. Appearance: While on duty, contract personnel shall be neat and clean, well-groomed, and dressed appropriately. Contract personnel’s clothing shall fit correctly to provide a professional, modest appearance in keeping with the normally accepted community standards of dress for the work being performed. In all cases, clothing shall be neat and clean. This includes being free from visible dirt and stains. Contract personnel shall dress in professional business casual attire.

1.3.5. Customer Service Function. The Contractor shall greet patients in a positive and professional manner and provide appropriate patient education and instructions on their referral and the referral process. Maintain positive and professional communication with members of the

MTF.

1.3.6. Health Requirements:

1.3.6.1. Certification of current physical examination. The certification shall contain a signed statement by the examining physician stating that the employee is free of any contagious diseases. Physical examination must be current within 12 months prior to application for privileges. Initial documentation is required for: MMR (Measles, Mumps, and Rubella), immunization or titer levels for Rubella and Rubeola, history of chicken pox disease or positive titer (varicella vaccination must be accomplished if lack of immunity), Tetanus Diphtheria (Td), TB Mantoux skin test (IPPD-Intradermal Purified Protein Derivative) if positive, minimum requirement will be follow-up with the Contractor’s physician and a chest x-ray. A physician must provide documentation of “no active respiratory disease.” It is the contractor’s responsibility to pay for any medical examinations necessary to ensure this public health compliance requirement is met. Must obtain annual flu vaccine unless medically unable to do so.

1.3.6.2. Contract personnel providing services under this contract shall receive a pre-employment physical examination prior to commencement of work and annually thereafter.

Contract personnel report to a medically-qualified physician, either civilian or military, to receive a pre-employment examination and immunizations/shots prescribed by the MTF. The request for physical examination will be made using USFJ Form 10 to verify the credibility of the physician being called on to perform this action before services are rendered. It is the contractor’s responsibility to pay for any medical examinations necessary to ensure this public health compliance requirement is met.

1.3.6.3. Not later than five (5) working days prior to commencement of work, certification shall be provided to the COR that contract physician has completed medical evaluation required above. This certification shall state the date on which the examination was completed, the doctor’s name that performed the examination, and a statement concerning the physical health of the individual. The certification shall also contain the following statement: “(name of contract employee) is free from contagious diseases.”

1.3.6.4. Also, as a condition of employment, Occupational Safety and Health Administration (OSHA) requires that all contract personnel who will have occupational exposure to blood or body fluids, or other potentially infectious materials, shall receive Hepatitis B vaccine, sign a voluntary declination, or have documented proof of immunity to Hepatitis B infection. Personnel who sign declinations may change their minds at any time and receive the Hepatitis B vaccine without penalty. It is the contractor’s responsibility to pay for any potential medical examinations necessary to ensure this public health compliance requirement is met.

1.3.6.5. It is the Contractor’s responsibility to report to the Contracting Officer Representative (COR) all information necessary to ensure their employees MTF training and medical records are maintained correctly, and therefore comply with JC, OSHA, and Center for Disease Control health records requirements.

1.3.6.6. 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 under

Privacy of Protected Health Information.

HIPAA 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 facility is set forth in DOD 6025.18-R, and for HIPAA Security, the requirements for AF MTF’s are contained in DOD 8580.02-R and AFI 41-217, which also contains additional Information Assurance requirements for all AF MTF’s .

DOD 6025.18-R, DOD 8580.02-R and AFI 41-217 are incorporated herein by reference.

MTRs 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 law 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.

1.4. WORK SCHEDULE: Workdays can consist of eight (8) hours a days based on mission requirements. Services are generally required five (5) days each week (Monday through Friday), excluding U.S. Federal holidays. Hours are subject to change based on need and as mutually agreed between the FRED/COR and the Contractor however; the total number of hours will not exceed eighty (80) hours per two (2) week period. A lunch period is not a payable period, but will be coordinated with the FRED/COR. Commuting time to and from required place of performance is not compensable by the Government. In no case will overtime be authorized or paid.

1.4.1. Hours of Operation: Average work day is 0730-1630 Mon-Friday with variability depending on patient care needs. Average work week is 40 hours. The contractor will be allowed one (1) hour lunch. The contract personnel should follow command announcements for reporting to work as it relates to inclement weather or base closures.

1.4.2. Federal Holidays: Federal Holidays are paid days. Any Federal Holidays falling on Saturday will be observed on the preceding Friday, holidays falling on a Sunday will be observed the following Monday.

New Year’s Day 1st of January Birthday of Martin Luther King, Jr. Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day 4th of July

Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11th of November Thanksgiving Day Fourth Thursday in November Christmas Day 25th of December

1.4.3. Scheduled and Unscheduled Absences: Contractor personnel are allowed to take up to ten (10) work days of leave annually. Leave is classified as both annual, vacation or sick leave.

Leave shall be taken in one (1) day increments and shall not exceed ten (10) consecutive work days. All leave is considered non-paid days and shall be deducted from the contractor’s monthly invoice. Timing and details shall be coordinated with the FRED/COR. Scheduled absences shall be scheduled at least 30 days in advance and mutually agreed upon by the FRED/COR and contractor. Unscheduled absences shall be called into the FRED/COR by the contract personnel within the first two (2) hours of each duty day that he/she is unable to report to work.

1.4.4. Contract personnel may not be required to perform on Government non-duty days or other times when the MTF may be closed such as Pacific Air Forces (PACAF) family days (approximately 7 - 9 days per year). The FRED/COR at each location shall notify the Contractor five (5) work days prior to the family day if performance will be required. Non-duty days shall be considered non-paid days and shall be deducted from the contractor’s monthly invoice.

The base closure due to the incremental weather may not be non-duty days. The rare cases will be determined whether duty or non-duty days by the FRED/COR.

1.5. SECURITY REQUIREMENTS:

1.5.1. The Contractor Manager or alternate shall complete a Request for Identification redential (AFMC Form 496) for each employee of the contractor requiring access to Yokota Air Base. The request shall be submitted to Pass and Registration. The Government shall provide a completed Identification Credential (AFMC Form 3876), which shall be issued, displayed and surrendered as directed in AFI 31-209, The Air Force Resource Protection Program.

1.5.2. Computer Security: A National Agency Check must occur for clearance for appropriate security of privacy act information. Contractor is responsible for completing SF85P Worksheet and providing fingerprint cards for each employee immediately with the hiring process, complying with regulations, DoD 5200.2-R, Appendix K, and AFSSSI 5027, Section 1.8.1.2.1.

The above information must be completed and submitted to the MTF prior to personnel starting work.

1.5.3. Government Computer Access: The contractor will ensure that all contract employees comply with the requirement to obtain the minimum personnel security investigations as prescribed by DoD 5200.2-R and AFI 31-501, paragraphs 3.27.3.7 to 3.27.3.7.2. The contractor will work with the MTF to ensure that the pre-employment screening process for each employee classified as Automated Data Processing (ADP) I, II, III (as defined in DoD 5200.2-R) includes the appropriate investigations and that each contract employee has the appropriate questionnaires and forms to be completed. All completed forms will be reviewed by the contractor and forwarded to the MTF for processing prior to the employee beginning work. The contractor understands that, while the MTF Commander may allow contractor personnel to temporarily occupy non-critical sensitive positions pending National Agency Check (NAC), the employee will be immediately removed from the position if at any time the NAC receives unfavorable adjudication, or if other unfavorable information that would affect the NAC becomes known.

This must be completed prior to the start of health care delivery.

1.5.4. Criminal Background Check Requirement (MANDATORY):

1.5.4.1. The contractor shall ensure that, as a condition of employment, the contractor personnel providing patient care services under this contract meet the requirements of the Crime Control Act of 1990, as amended. This will be accomplished by successfully completing a Criminal Background Check consisting of a Federal Bureau of Investigation (FBI) fingerprint check and State Criminal History Repository check. The procedures for completing the required background checks are outlined within Department of Defense Regulation 5200.1, The DoD Information Security Program and DoD Instruction 1402.5, Criminal History Background Checks on Individuals in Child Care Services, 19 Jan 93. DoDI 1402.5 is available on the internet at: http://web7.whs.osd.mil.

1.5.4.2. All background investigation requests shall be submitted IAW the applicable directive of the specific medical treatment facility. The name of the COR shall be included in each request as the recipient of the results.

1.5.4.3. Individuals shall have the right to obtain a copy of any background check pertaining to them and to challenge the accuracy and completeness of the information contained in the report.

1.5.4.4. Individuals who have previously received a background check shall provide proof of the check to the COR or obtain a new one. A new investigation is required if a break in service to the Department of Defense results in a time lapse of more than 2 years.

1.5.4.5. National Agency Check: It is the contractor’s responsibility to submit background investigation applications to the US Office of Personnel Management for personnel who require them. Payment for the conduct of any criminal history background checks is the responsibility of the contractor. The contractor will provide verifications of submission or completion of the appropriate background investigation, on company letterhead. The contractor shall submit the National Agency Check (NAC) to the US Office of Personnel Management. Applications will include the SF-85P (Application for Public Trust Position), OPM Agency Use Form, and one SF- 87/FD258 (Fingerprint Card). Any person who receives an unfavorable NAC or is determined disloyal, untrustworthy, or unreliable, shall be removed from employment by the contractor. See 1.2.7.1.3.

1.5.4.6. Emergency Health Care: The MTF will provide emergency health care for contract personnel for injuries occurring while on duty in the MTF. Services will be billed to the Contractor at the current full reimbursement rate.

1.6. MEDICAL QUALITY ASSURANCE/RISK MANAGEMENT (QA/RM):

1.6.1. Orientation: The Contractor shall ensure that all contract personnel participate in the MTF orientation, training, and service/clinic specific orientation to include any MTF required computer training, this must occur within 30 days of employment.

1.6.1.1. The contractor shall be knowledgeable of the policies and procedures of their specific place of duty. The contractor shall receive any staff training required by the MTF as a recondition/condition to performance. Such training may include instruction on automation processing, quality assurance policies and local in-service and safety briefings. This training shall be conducted during the duty day. Some examples of training are: CHCS/AHLTA patient entry, information awareness, local HIPAA training, etc.

1.6.2. Applicable Publication and Forms: The contractor shall comply with Air Force Instruction (AFI) 44-176. These documents are available in the MTF and maintained by the Government. Supplements or amendments to instructions or publications from any organizational level may be issued during the life of the contract. The Contractor shall immediately implement those changes.

1.6.3. Customer Complaints: Any customer complaints will be documented using the ICE comment system or directed to the Patient Advocate.

1.6.4. Performance of Services during Crisis Declared by the National Command Authority of Oversees Combatant Commander. The Contractor is required to perform essential services in accordance with this PWS in emergency or limited force protection conditions such as natural disaster; however DODI 3020.37 does not apply to this contract for crisis situations where continuation of essential services by the Contractor is unfeasible.

2. GOVERNMENT FURNISHED PROPERTY/SERVICES: The Government will provide the following equipment, supplies, and services listed below:

2.1. Office/Work: The office/work area provided for the use of the contract personnel will present an orderly appearance. Contract personnel shall ensure these areas are tidy and any decorative items present a professional, modest appearance in keeping with accepted community standards. Office space will be shared with other members within the Referral Management

Center. The government will not be responsible for loss or damage of personal items brought into the MTF. Ensure safe work environment and employee safe work habits, reference MTF and base safety programs.

2.2. Equipment: The healthcare worker shall have joint use of all available equipment for performing services required by this contract.

2.3. Forms: The MTF will provide required Government forms used in the performance of services.

2.4. Supplies: The MTF will provide non-medical supplies commonly used in the facility for administrative functions.

2.5. Computer Equipment: The MTF will provide computer equipment required to schedule, check-in, document, order ancillary services, and maintain appropriate electronic medical information that supports the hard copy medical record. The MTF will provide required training for these systems. The contractor will be required to use the computer systems that are standard for the support of health care delivery at the MTF.

2.6. Administrative Support: The contractor personnel will be authorized to use all administrative support available to the government employees. This will include, but is not limited to copy machines, fax machines, installation distribution, Class “A” telephone lines and Defense Switching Network (DSN) lines. The same restrictions to limit use of these items for official government business apply.

2.7. Contractor Furnished Property and Services: Except for those items or services specifically stated in paragraphs 1-7 of Government furnished property/services, the Contractor shall furnish everything required to perform this contract in accordance with all of its terms.

3. SERVICE SUMMARY & PERFORMANCE ASSESSMENT: IAW AFI 44-176, Access to the Care Continuum; Attachment 2. the following Key Performance Indicators have been identified as performance targets for Appointing staff.

3.1. The following Services Summary Guides reflect the performance evaluation required by the PWS.

SERVICES SUMMARY (SS) AND METHOD OF ASSESSMENT

SS Number and Performance Objectives PWS Para Performance

Threshold

Inspection Method

SS#1: Assists with scheduling of patient appointments (MTF), documents/tracks referrals in the RMS tracking database and in CHCS – 100% of all referrals generated to and from the MTF must be tracked. All referral status updates will be annotated in CHCS and all referrals will be tracked in RMS

1.1.6.

100% Compliance of tracking of all generated referrals

Periodic inspection

SS#2: Assists with scheduling of specialty referral appointments to MTF providers using correct CHCS booking procedures, Access-to- Care (ATC) standards and established clinic capability/booking protocols. The MTF must make every attempt to schedule all referrals for appointment with the Access-to-Care standard within the MTF or outside of the MTF.

1.1.8 98%

Compliance Periodic inspection

SS#3: Assists in tracking initial specialty care and deferred to Network primary care referrals to include obtaining reports from MTF and network providers. – 100% of all network reports must be sent to the MTF for continuity of care.

1.1.12.

100% Compliance of network results from providers

Periodic inspection

4. CONTRACTOR MANPOWER REPORTING REQUIREMENTS:

4.1. IAW FY11 NDAA Section 8108, the contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this PWS via a secure data collection site. The contractor is required to completely fill in all required data fields at:

http://www.ecmra.mil.

4.1.1. REPORTING PERIOD: Reporting inputs will be for the labor executed during the period of performance for each Government Fiscal Year (FY), which runs 1 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year. Contractors may direct questions to the Contractor Manpower Reporting Application (CMRA) help desk.

4.1.2. USES AND SAFEGUARDING OF INFORMATION: Information from the secure web site is considered to be proprietary in nature when the contract number and contractor identity are associated with the direct labor hours and direct labor dollars. At no time will any data be released to the public with the contractor name and contract number associated with the data.

4.1.3. User Manual: Data for Air Force service requirements must be input at the Air Force CMRA link. User manuals for contractors are available at the Army CMRA link at: http://www.ecmra.mil.

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 CFR 164.501 and shall include a person who qualifies as a personal representative in accordance with 45CFR 164.502(g).

Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR Part 160 and Part 164, subparts A and E.

Protected Health Information has the same meaning as the term “protected health information” in 45 CFR 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 CFR 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 CFR 160.103 and 164.501.

(a) 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.

(b) The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract.

(c) 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.

(d) The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract.

(e) 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.

(f) 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.

(g) 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.

(h) 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’s compliance with the Privacy Rule.

(i) 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.

(j) 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 164.502(j)(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 acordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraph 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.

SERVICES SUMMARY (SS) AND METHOD OF ASSESSMENT