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NOT-FOR-PROFIT HOSPITAL CORPORATION
NOTICE OF FINAL RULEMAKING
The Board of Directors of the Not-for-Profit Hospital Corporation (Board), pursuant to authority granted by D.C. Official Code §§ 44-951.05(a) and 44-951.06(6), effective September 14, 2011, hereby gives notice of amendment to Chapter 46 in Title 27, “Contracts and Procurement,” in the District of Columbia Municipal Regulations entitled “Not-for-Profit Hospital Corporation Procurement Rules”.
The purpose of this amended rule is to ensure that the Not-for-Profit Hospital Corporation (Hospital) does not pay any vendor that does not have a valid written contract. The changes in this rulemaking puts into place limitations on payment that were in place prior to March 2011 and better allows the Board, Hospital, and District government to monitor payments and control overall spending while maintaining a focus on continuity of critical and necessary patient care services.
The proposed rulemaking was published as emergency and proposed on October 5, 2012, in the D.C. Register at 59 DCR 11589. No comments were received and no changes have been made to the proposed rule as published. The Board took action on the rule during its August 31, 2012 meeting; no changes have been made so additional action is not required. This amendment will become effective on the date of publication of this notice in the D.C. Register.
Section 4624 of CHAPTER 46, NOT-FOR-PROFIT-HOSPITAL CORPORATION PROCUREMENT RULES, of Title 27 is amended by adding subsections 4624.9 and 4624.10 as follows:
4624.9 No authorization for payment for supplies and services received without a valid written contract shall occur more than one (1) time with the same vendor.
4624.10 An authorization for payment for supplies and services received without a valid written contract may be used for obligations incurred after August 31, 2012, only if, in addition to the requirements of subsection 4624.8 of this section, the contracting officer certifies in writing that:
(a) All payments requested are critical and necessary for the ongoing provision of medical care to patients; and
(b) Under his or her good faith assessment, the Hospital must make the requested payment to continue operating the Hospital without interruption of critical and necessary patient care services.
