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B-190118.2 1 (1978-01-24)

handle is hein.gao/gaobadfot0001 and id is 1 raw text is: 






D3EC1911


                 THE   COMPTROLLrSR GENERAL
I\ .4tJ. OP THE UNITEIl STATUS
               SWASHINGTON, D.0.ED046


FILE;  B-1901l8.2


MATTER


DIGEST:


DATE:  Janaary 24, 1978


OF:  Jean C. Marrs - Purchase Order for Laboratory
   .Medical Services

     Purchase order issued for medical laboratory
     services by the Service Univ Director, Public
     Health Service Indian Hospital, Winnebago,
     Nebraska, to provide continued laboratory
     coverage created a relationship that was tanta-
     mount to that of employee-employer. Agencies
     should ta!e timely and appropriate steps to
     prevent this situation from occurring. However,
     payment for services received under the extenuating
     circumstances present may be made since It was
     impracticable to obtain the needed services through
     usuai. channels.


     This decision is in response to a request of September 9,
1977, by Ms. Elenor E. Clements, Authorized Certifying Officer,
Indian Health Service, Public Health Service, Aberdeen, South
Dakota, for an advance decision as to the allowability of a pay-
ment to Mrs. Jean C. Marrs, pursuant to purchase order No. 11916,
dated September 1, 1977, for medical laboratory services during
the pvriod August 19-August 22, 1977.

     It is reported by the Service Unit Director, P.H.S. Indian
Hospital, Omaha - Winnebago, that Mrs. M&'rrs was hired for the
following reasons:

          It should be explained that without laboratory
          services,  this facility cannot function as a
          hospital, and that laboratory services cannot
          be  provided unless people with the required
          qualifications are available to do the work. On
          all  of the 'ccasions cited, there were no
          qualified pgovernment personnel available to do
          the work, and there was no time to hire through
          lengthy Civil Service Employment Procedures. It
          was  a matter of either bringing a qualified person
          in  to provide laboratory services or referring all,
          patients  to contract facilities, Since this had
          beep  done previously with no indication that it
          should not be, bringing the laboratory technologist
          in  again was not questioned and was obviously the
          most  practical solution.


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