SOLICITATION NOTICE
R -- To Develop a Compendia to Identify Legal and Privacy Issues in Electronic Health Records and Health Information Technology
- Notice Date
- 5/25/2005
- Notice Type
- Solicitation Notice
- NAICS
- 541690
— Other Scientific and Technical Consulting Services
- Contracting Office
- Department of Health and Human Services, Program Support Center, Division of Acquisition Management, Parklawn Building Room 5-101 5600 Fishers Lane, Rockville, MD, 20857
- ZIP Code
- 20857
- Solicitation Number
- Reference-Number-05R000132
- Response Due
- 6/8/2005
- Archive Date
- 6/30/2005
- Description
- SIMPLIFIED ACQUISITION PROCEDURES DATE: MAY 25, 2005 REQUISITION NO: 05R000132 INTENDED SOURCE: THE GEORGE WASHINGTON UNIVERSITY MEDICAL CENTER PERIOD OF PERFORMANCE: DATE OF AWARD THROUGH FOUR MONTHS PURPOSE: THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, AGENCY FOR HEALTHCARE RESEARCH AND QUALITY, THROUGH THE PROGRAM SUPPORT CENTER, PLANS TO AWARD A SOLE SOURCE SIMPLIFIED ACQUISITION TO THE GEORGE WASHINGTON UNIVERSITY MEDICAL CENTER. CLOSING DATE IS JUNE 8, 2005. THE SPECIFIC OBJECTIVE OF THIS PROCUREMENT IS TO: BACKGROUND AS THE NATION EMBARKS ON THE WIDESPREAD DEPLOYMENT OF ELECTRONIC HEALTH RECORDS (EHRS), A VARIETY OF CONCOMITANT CHALLENGES MUST BE ADDRESSED. THE DEPLOYMENT OF INTEROPERABLE HEALTH INFORMATION SYSTEMS IS ANTICIPATED TO RESULT IN THE ABILITY TO EXCHANGE PATIENT HEALTH INFORMATION AMONG DISPARATE CLINICIANS AND OTHER AUTHORIZED ENTITIES IN ELECTRONIC AND MACHINE-USABLE FORM UNDER STRINGENT SECURITY AND PRIVACY REQUIREMENTS AND STANDARDS. THE TECHNICAL AND NON-TECHNICAL INFRASTRUCTURES DO NOT CURRENTLY EXIST TO PROVIDE THESE CAPABILITIES, AND THE NATION IS, IN EFFECT, CREATING A NEW INDUSTRY THAT WILL TRANSFORM THE EXISTING HEALTHCARE DELIVERY SYSTEM, PUBLIC HEALTH, HOMELAND SECURITY, AND RELATED FIELDS. BECAUSE OF THIS, AND BECAUSE OF THE INCREASED INTERACTION BETWEEN STAKEHOLDERS ACROSS STATE LINES, A HOST OF LEGAL ISSUES ARISE, DUE TO BOTH INCONSISTENCIES AMONG STATE LAWS AND THE FACT THAT NEW ACTIVITIES, MARKETS, AND RELATIONSHIPS ARE BEING CREATED. THE RISING NUMBER OF COMMUNITIES DEVELOPING AND IMPLEMENTING THESE NEW CONNECTIONS AND RELATIONSHIPS IS ACCELERATING THE NEED TO IDENTIFY AND PROVIDE RESOURCES TO HELP THESE COMMUNITIES ADDRESS MANY LEGAL QUESTIONS THAT ARISE. AS THE DEPARTMENT AND THE AGENCY MOVE FORWARD WITH THE PROCESS OF SUPPORTING THE RESOLUTION OF LEGAL ISSUES WHERE THEY CAN, BASIC INFORMATION ABOUT CURRENT STATE LAWS THAT CAN IMPAIR THE DEVELOPMENT OF REGIONAL AND NATIONAL HEALTH INFORMATION EXCHANGES IS NEEDED. A COMPILATION OF SUCH LAWS, WHERE THEY CAN BE IDENTIFIED, WILL BE THE START OF OUR RESOURCE DEVELOPMENT. PURPOSE THE PURPOSE OF THIS PURCHASE ORDER (PO) IS TO: OBTAIN SUPPORT FOR THE NATIONAL RESOURCE CENTER AS IT ASSISTS STATE AND REGIONAL CONTRACTORS AND GRANTEES (HEREINAFTER "GRANTEES") (AND OTHER REGIONAL INITIATIVES) THAT ARE DEVELOPING HEALTH INFORMATION EXCHANGES, AS WELL AS OTHER HEALTH INFROMATION TECHNOLOGY (HIT) PROJECT INITIATIVES DIRECTED, FUNDED OR SPONSORED BY AHRQ AND/OR OTHER GOVERNMENT AGENCIES, ENTITIES, AND ORGANIZATIONS COLLABORATING WITH AHRQ, BY IDENTIFYING SIGNIFICANT LEGAL AND RELATED POLICY ISSUES ENCOUNTERED BY THEM IN SUCH ACTIVITIES; AND BUILD COMPENDIA OF SPECIFIC CATEGORIES OF STATE LAWS THAT MAY AFFECT EFFORTS TO ESTABLISH INTEROPERABLE HEALTH INFORMATION SYSTEMS, ADOPT ELECTRONIC HEALTH RECORDS, OR CREATE REGIONAL OR NATIONAL HEALTH INFORMATION EXCHANGES. THESE ACTIVITIES WILL CREATE A KNOWLEDGE BASE FOR USE BY THE DEPARTMENT AND THE RESOURCE CENTER IN PROVIDING BASIC INFORMATION TO GRANTEES AND IN REFERRING GRANTEES TO NON-AGENCY RESOURCES THAT CAN PROVIDE ANALYSIS AND ADVICE, SUCH AS LEGAL ADVICE, TO SUCH GRANTEES IN THEIR SPECIFIC CIRCUMSTANCES. TASKS 1. WITHIN ONE WEEK OF AWARD, THE CONTRACTOR SHALL MEET WITH AGENCY HEALTH INFORMATION TECHNOLOGY (HIT) AND RESOURCE CENTER STAFF TO CONFIRM UNDERSTANDING OF TASKS AND TIMELINES, INCLUDING DETAILS FOR PROCEEDING WITH TASKS. 2. THEREAFTER, THE CONTRACTOR SHALL MEET MONTHLY (OR MORE FREQUENTLY IF DETERMINED TO BE NECESSARY BY THE AGENCY) WITH AGENCY HIT AND RESOURCE CENTER STAFF TO PROVIDE PROGRESS REPORTS ON TASKS 3 TO 5, EITHER BY TELEPHONE OR IN PERSON. 3. THE CONTACTOR SHALL PROVIDE THE FOLLOWING SUPPORT FOR THE NATIONAL RESOURCE CENTER IN IDENTIFYING CERTAIN SIGNIFICANT BARRIERS TO REGIONAL HEALTH INFORMATION SYSTEM DEVELOPMENT: a. THE CONTRACTOR SHALL PROVIDE EXPERTISE TO THE RESOURCE CENTER AND WORK WITH THE CENTER AND ITS AFFILIATES TO IDENTIFY KEY REGIONAL HEALTH INFORMATION EXCHANGE INITIATIVES - BY BOTH AHRQ GRANTEES AND OTHERS - THAT HAVE PROGRESSED ENOUGH TO HAVE ENCOUNTERED LEGAL AND PRIVACY ISSUES AND BEGUN TO RESOLVE THEM; b. THE CONTRACTOR SHALL PROVIDE EXPERTISE TO THE RESOURCE CENTER AND WORK WITH THE CENTER AND ITS AFFILIATES TO REFINE A METHODOLOGY THAT WILL IDENTIFY THOSE LEGAL AND PRIVACY ISSUES REQUIRING THE MOST TIME AND RESOURCES, AND THOSE MOST DIFFICULT TO RESOLVE, FOR REGIONAL HEALTH INFORMATION EXCHANGE INITIATIVES IDENTIFIED IN 3.A.; SEE ALSO ATTACHMENT A [FROM THE RESOURCE CENTER NEEDS ASSESSMENT] FOR ISSUE EXAMPLES; AND THE CONTRACTOR SHALL PROVIDE ASSISTANCE TO THE RESOURCE CENTER IN IDENTIFYING SUCH ISSUES; AND c. IN CONSULTATION WITH THE AGENCY, AFTER COMPLETION OF TASKS 3.A. AND B. AND AS REQUESTED BY THE AGENCY, THE CONTRACTOR SHALL MODIFY THE CATEGORIES FOR THE STATE LAW COMPENDIA IN TASK 5, IN ORDER TO IMPROVE THEIR UTILITY AS MUCH AS REASONABLY POSSIBLE TO THE DEPARTMENT AND AGENCY CONTRACTORS AND GRANTEES. 4. CONCURRENT WITH ACTIVITIES IN TASK 5, AND IN COLLABORATION WITH THE RESOURCE CENTER, THE CONTRACTOR SHALL PROPOSE PAPER-BASED AND WEB-BASED FORMATS TO THE AGENCY FOR THE DEVELOPMENT OF THE COMPENDIA REQUIRED IN TASK 5. THE AGENCY WILL PROVIDE GUIDANCE FOR THE FORMAT OF THE FINAL DELIVERABLES. 5. COMPENDIA OF STATE LAWS: THE CONTRACTOR SHALL UNDERTAKE AND COMPLETE AN INITIAL PHASE OF COMPENDIA OF STATE LAWS (STATUTES AND REGULATIONS) COVERING THE FOLLOWING: a. PRIVACY AND SECURITY REQUIREMENTS IN AREAS GOVERNED BY HIPAA THAT POSE A PARTICULAR PROBLEM FOR ELECTRONIC HEALTH INFORMATION EXCHANGES b. IDENTIFY OTHER LAWS GOVERNING HEALTH REPORTING, CONFIDENTIALITY OF PROVIDER HEALTH INFORMATION, AND PRIVILEGE AND LIABILITY PROVISIONS c. REQUIREMENTS FOR PRESCRIPTIONS THAT MAY AFFECT E-PRESCRIBING d. DEFINITIONS OF "MEDICAL RECORDS", "HEALTH RECORDS", "ELECTRONIC HEALTH RECORDS" AND SIMILAR TERMS THAT ARE RELEVANT TO HEALTH INFORMATION EXCHANGE TRANSACTIONS ACROSS JURISDICTIONS, I.E., THAT WHEN INCONSISTENT AMONG STATES CAN BE PROBLEMATIC FOR THE EASY EXCHANGE OF HEALTH INFORMATION. e. COMPARATIVE ANALYSIS OF SIGNATURE REQUIREMENTS ON MEDICAL RECORDS, PHYSICIAN ORDERS, PHARMACY SCRIPTS AND E-SIGNATURE STATUTES AND REGULATIONS IN HEALTH CARE SETTINGS AND TRANSACTIONS, SIMILAR TO THAT IN 5.C. f. CONSENT REQUIREMENTS AND HEALTH DATA OWNERSHIP AND CONTROL LAWS AND REGULATIONS WITH RESPECT TO MEDICAL RECORDS AND PUBLIC HEALTH RECORDS; CONTROL AND ACCESS STATUTES OR REGULATIONS FOR HEALTH INFORMATION. g. OTHER ASPECTS OF STATE HEALTH PROFESSION OR INSTITUTIONAL LICENSURE LAW THAT MAY AFFECT THE USE OF HEALTH INFORMATION EXCHANGES OR THE DEVELOPMENT OF POLICY. IN COMPLETING TASK 5, THE CONTRACTOR MAY IDENTIFY EXISTING REPUTABLE COMPENDIA OF STATE LAWS OF RELEVANCE, SUCH AS THE HEALTH PRIVACY PROJECT'S PRIVACY SURVEY, AND WHERE NECESSARY, UPDATE THEM. WHILE A COMPREHENSIVE DESCRIPTIVE SUMMARY OF THE LAWS IS DESIRABLE, WITH EXPLANATIONS OF THE PROBLEMS THEY MAY CREATE EITHER BECAUSE OF THE LAW ITSELF OR BECAUSE OF VARIATIONS IN STATE LAWS AND COMPARISONS WITH OTHER STATES' PROVISIONS THAT DO NOT CREATE THESE DIFFICULTIES, IN ITS WORK PRODUCT OR DELIVERABLES THE CONTRACTOR IS NOT TO DRAW ANY LEGAL CONCLUSIONS OR PROVIDE ADVICE ABOUT COURSES OF ACTION, INCLUDING LOBBYING, TO BE RECOMMENDED TO STAKEHOLDERS ENGAGED IN THE DEPARTMENT'S HEALTH INFORMATION TECHNOLOGY ACTIVITIES. SOLE SOURCE DETERMINATION IS BASED UPON THE CONTRACTOR'S EXPERIENCE AND EXPERTISE AS FOLLOWS: THE GEORGE WASHINGTON UNIVERSITY SCHOOL OF PUBLIC HEALTH (GWU) IS UNIQUELY AND SOLELY QUALIFIED TO PERFORM THIS SCOPE OF WORK FOR THE FOLLOWING REASONS: - THE PRESENT SCOPE DIRECTLY BUILDS ON WORK PERFORMED BY GWU AND ITS PARTNERS IN PREVIOUS YEARS, CONSISTING OF -ACADEMIC EXAMINATIONS OF FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS PERTAINING TO THE EXCHANGE OF ELECTRONIC HEALTH INFORMATION - NATIONALLY-RECOGNIZED PUBLISHED REPORTS ON HEALTH INFORMATION PRIVACY ISSUES, AND - EXPERTISE GAINED IN STATE AND FEDERAL HEALTH PRIVACY POLICY UNIQUE TO ACADEMIC INSTITUTIONS - GWU HAS ASSEMBLED AN ARRAY OF LEGAL AND PRIVACY POLICY SCHOLARS NOT FOUND IN OTHER PRIVATE OR ACADEMIC INSTITUTIONS, AND ITS EXPERTISE HAS A BREADTH THAT IS WIDELY RECOGNIZED NATIONALLY - GWU HAS DEVELOPED AN APPROACH TO THE INVESTIGATION OF LEGAL AND PRIVACY CHALLENGES IN THE HANDLING OF SENSITIVE HEALTH DATA AND INFORMATION THAT IS UNIQUELY AND IDEALLY SUITED TO THIS SCOPE OF WORK, IN THAT IT IS OBJECTIVE, THOROUGH, AND UNCONNECTED WITH OUTSIDE COMMERCIAL OR POLITICAL INTERESTS - GWU IS BOTH AN ACADEMIC HEALTH AND AN ACADEMIC LEGAL CENTER - GWU DOES NOT HAVE OTHER "CLIENTS" IN THIS ISSUE AREA THAT WOULD CREATE CONFLICTS OF INTEREST - GWU IS LOCATED IN WASHINGTON DC, WHERE IT IS CLOSE TO THE AHRQ AND DEPARTMENT LEGAL STAFF AND RESOURCE CENTER STAFF WITH WHOM IT WILL BE WORKING ON AN ONGOING BASIS -BECAUSE OF THE CRITICAL AND SHORT TIMELINE INVOLVED IN THE DEPARTMENT'S OVERALL HEALTH INFORMATION TECHNOLOGY PROGRAMS, ANSWERS TO THE QUESTIONS ADDRESSED BY THIS PURCHASE ORDER ARE NEEDED ALMOST IMMEDIATELY. NO OTHER ORGANIZATION IS POSITIONED TO DELIVER THE BACKGROUND AND ANALYTICAL WORK WITHIN THE REQUIRED DEADLINES. THE PROPOSED SIMPLIFIED ACQUISITION IS FOR SERVICES FOR WHICH THE GOVERNMENT INTENDS TO SOLICIT AND NEGOTIATE WITH ONLY ONE SOURCE (FAR 6.302-1). A DETERMINATION BY THE GOVERNMENT NOT TO COMPETE THIS PROPOSED SIMPLIFIED ACQUISITION BASED UPON RESPONSES TO THIS NOTICE IS SOLELY WITHIN THE DISCRETION OF THE GOVERNMENT. CONTRACTORS MAY FORWARD CAPABILITY STATEMENTS TO THE REFERENCED ADDRESS. INFORMATION RECEIVED WILL NORMALLY BE CONSIDERED SOLELY FOR THE PURPOSES OF DETERMINING WHETHER TO CONDUCT A COMPETITIVE PROCUREMENT. FOR FURTHER INFORMATION, PLEASE CONTACT DARREN JANSEN, IN ROOM 5C-13, PARKLAWNBLDG., 5600 FISHERS LANE, ROCKVILLE, MD 20857 OR ON 301-443-1857.
- Record
- SN00815213-W 20050527/050525211830 (fbodaily.com)
- Source
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