Mcare Section 715 Defense Counsel

The Pennsylvania Insurance Department, Bureau of Mcare, has issued a Request for Proposals (RFP #OGC-2022-07) seeking medical malpractice defense counsel services under Section 715 of the Mcare Act for health care providers. The Commonwealth intends to make a limited multiple award, selecting 5 or more law firms per geographic region to provide legal representation and related services as designated by the Chief Counsel. Qualified law firms must demonstrate extensive experience in medical malpractice litigation, including expertise in Mcare regulations, complex case management, alternative dispute resolution, and Pennsylvania legal procedures. Proposals will be evaluated based on the firm's qualifications, personnel experience, technical capabilities, diversity commitment, and proposed cost structure. Key deliverables include providing senior legal personnel committed to Mcare Section 715 Defense matters, managing medical malpractice litigation, and supporting the Pennsylvania Insurance Department's legal needs. The RFP requires comprehensive submissions including technical proposals, conflict disclosures, personnel experience documentation, project references, and cost submittals. Proposals are due by June 2, 2022, at 4:00 PM, with an initial contract term of one year and potential for two additional one-year renewals.

The RFP includes specific set-aside and participation requirements for Small Diverse Businesses (SDB) and Veteran Business Enterprises (VBE), with mandatory participation goals of 5% and 3% respectively. Offerors must either meet these participation goals or demonstrate good faith efforts through detailed documentation of outreach and subcontractor solicitation. Law firms must provide comprehensive workforce diversity information, including employee demographics across job categories and a staffing plan highlighting diversity attributes of key personnel. The contract will require firms to submit quarterly invoices, with the Department aiming to process payments within 45 days of receipt. While specific budget ranges are not explicitly stated, the RFP indicates compensation will be negotiated to determine fair and reasonable rates based on the most qualified firms. The solicitation covers all Pennsylvania counties, which are grouped into East, Central, and West regions, and law firms can specify their preferred geographic service areas. Successful firms will be expected to provide legal services on an as-needed basis, with an estimated evaluation volume of approximately 1,000 hours per year.