About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-193858 1 (1979-10-25)

handle is hein.gao/gaobadukc0001 and id is 1 raw text is: I --L-IGEST- f THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0.C. 20548 675 FILE: B-193858 DATE: October 25, 1979 MATTER OF: Indian Health Management, Inc. - Purchase Order for Medical Services DIGEBT: Due to extreme shortage of medical personnel, Rosebud Public Health Service Indian Hospital entered into agreement with and issued purchase order to Indian Health Management, Inc. for services needed. Although the physician assistant services secured under the agreement were improperly provided under circumstances that created an employer-empoyee relationship, payment for services received may be made in view of the extenuating circumstances involved. This decision is in response to a request of December 28, 1978, .by William E. Wasem, Chief Area Financial Management ,Branch, Public Health Service, Department of Health, Educa- tion and Welfare (HEW), Aberdeen, South Dakota, for a decision as to the allowability of a payment to Indian Health Management, Inc. (IHM) for the services of a physician assistant who worked in the hospital at various times from September 28 through November 6, 1978. This employment was the result of a mem- orandum of agreement between IHM and the hospital in which IHM agreed to provide the hospital with the services of its physician assistant and nursing staff. This memorandum, covering a 12-month period, also provided that these services would be scheduled by the Service Unit Director of the hospital and that the hospital would be billed monthly.. The hospital entered into this agreement because of an extreme shortage of medical personnel at the time and because sufficient staff could not be hired by the Indian Health Service. The Chief, Administrative Services Branch, Aberdeen Area Indian Health Services, after reviewing the above memorandum, made a determination that it involved an improper personal service procurement in violation of HEW Procurement Regula- tion 3-22. 101-2, which states in part: Services should not be obtained by contract in such manner that the contractor or his employees are in effect employees of the Government. * * * Generally speaking, contracts which in their S.. . . . . . . . . . . i• •:

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most