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Mr. Maurice Deaver & Mr. Eugene Smith Attorney Advisors, MEDCOM Staff Judge Advocate Office

Mr. Maurice Deaver & Mr. Eugene Smith Attorney Advisors, MEDCOM Staff Judge Advocate Office. MEDCOM Agreements Fiscal Law Contract Law. Agenda. AGREEMENTS - MEDICAL TRAINING FISCAL LAW 2007 Two Year TBI/PTSD Treatment O&M $ Continuing Resolutions CONTRACT LAW

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Mr. Maurice Deaver & Mr. Eugene Smith Attorney Advisors, MEDCOM Staff Judge Advocate Office

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  1. Mr. Maurice Deaver & Mr. Eugene SmithAttorney Advisors, MEDCOM Staff Judge Advocate Office MEDCOM • Agreements • Fiscal Law • Contract Law

  2. Agenda • AGREEMENTS - MEDICAL TRAINING • FISCAL LAW • 2007 Two Year TBI/PTSD Treatment O&M $ • Continuing Resolutions • CONTRACT LAW • Procurement Fraud Program • Contractor Employees and EEO Complaints • Market Research • Service Contract Approvals

  3. Training Agreements • Two types • Medical Training Agreement [Military member HCP trains in civilian Training Institution (TI)] (MTA) • Affiliation Agreement [Civ HCP stud trains in MTF] (AA) • AF/Navy call all Training Affiliation Agreements (TAAs) • Process all through Agreements Manager -- KO signs MTAs • Professional liability coverage is (almost) always an issue • 20+ year history with DOJ Tort Litigation Staff • DOJ view: Neither military nor civilian HCP training should be funded by Judgment Fund • Details on MTAs and AAs included in Deskbook

  4. Training Agreements • MTAs • Use DOJ-approved MTA format 1 (TI-provided coverage) • If MTA 1 not possible, use MTA format 2 (FTCA coverage) • All gratuitous clinical training in civilian TI (non-Federal) • All disciplines • Long term, short term, refresher training • MTA format 1 is a recommendation • MTA format 2 is required • No substantive deviations – no military instructors • Sets up “borrowed servant” doctrine • DOJ threatens to “nonscope” trainees under noncompliant MTAs • Deviations require MEDCOM approval. • Substantive deviations require LITDIV/DOJ approval

  5. Training Agreements • Affiliation Agreements • Students are volunteers under 5 USC 3111 • FTCA and Workers Comp coverage • Problem: Economics and needs have changed in last 20 years. Current program adversely impacts medical readiness • TIs don’t want to pay for liability insurance • TIs not always willing to agree to MTA format 2 • No military instructors with MTA format 2 • AF and Navy don’t report the same problem • AR 351-3, Professional Educational and Training Programs of the AMEDD (15 Oct 07) • Replaced 1988 version • Limited JA input – specifics added, but no major changes

  6. Training Agreements • Efforts to improve the system • Dec 04 – LITDIV memo for MCJA notes outdated AR 351-3, recommends separate Training Agreements AR • Feb 06 – MCJA recommends that TSG - • Seek DoD senior policy level support to place a moratorium on DOJ requirements for duration of GWOT • Designate AMEDD C&S as proponent for Army Training Agreements • Direct proponent to determine impact of DOJ policy on Army MTAs • Publish separate Training Agreement regulation • Seek SA delegation to approve govt purchase of professional liability coverage for military trainees • Mar 07 TSG approves MCJA recommendations • Stay tuned…movement expected in coming year

  7. 2 Yr O&M $-TBI/PTSD Treatment • The 2007 Supplemental Appropriation (May 07) statutorily earmarked $600 million of DHP O&M for TBI/PTSD treatment. • The law specified the funds would remain available until 30 Sep 08 • The funds didn’t expire on 30 Sep 07 as other O&M funds did • These O&M funds remain available for new obligations throughout FY 08 even though they have an 07 O&M fund cite

  8. Continuing Resolutions (CR) • What- • Interim appropriations act Congress passes when it fails to pass the regular appropriations act prior to new FY • Expire on a date certain or enactment of the regular appropriations act • Special rules • Every one is different – read the CR • Generally provide $ to continue projects or activities • Where authority existed in prior year (no new starts) • Rate not to exceed prior year total (with exceptions) • See ASA(FM&C) guidance at www.asafm.army.mil/pubs/cra/cra0898.doc • Modifications to O&M programs (e.g., O&M-funded minor construction) generally okay

  9. Procurement Fraud Program • Governed by AR 27-40 Litigation, Chapter 8 Remedies in Procurement Fraud and Corruption • MACOM appoints PFIC • SJAs with procurement advisory responsibility (PAR) appoint PFAs • All CJA offices historically appointed PFAs; PAR not a factor • Status of PAR today • Installation SJAs provide PAR for non-medical acquisitions • MEDCOM, WRAMC, MRMC and CHPPM JAs generally have MEDCOM PAR for medical acquisitions • CJAs do not have PAR • Please provide feedback on potential elimination of other CJAs’ PFA designations • Please provide feedback on implementation of or experience with DoDI 5505.12, Anti-Fraud Program at MTFs

  10. Questions? Mr. Eugene Smith Follows…

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