Association for Utah Community Health

Staff Contact:
Janida Emerson
801-716-4611

The Federal Tort Claims Act (FTCA) was established in 1946 as the legal mechanism for compensating people who have suffered personal injury due to the negligent or wrongful action of employees of the US government. Under Section 224 of the Public Health Service Act, as amended by the Federally Supported Health Centers Assistance Act of 1992 and 1995, employees of eligible health centers may be deemed to be Federal Employees qualified for protection under the FTCA.

Eligible health centers must submit an original deeming and annual renewal deeming applications to the U.S. Department of Health and Human Services, Health Resources and Services Administration, Bureau of Primary Health Care (BPHC).

There is no cost to participating health centers or their providers, and they are not liable for any settlements or judgments that are made. The Federal Government assumes responsibility for these costs. The health center, their employees and eligible contractors are considered Federal Employees immune from suit for medical malpractice claims while acting within the scope of their employment. Once deemed, Health Center Program grantees are immune from medical malpractice lawsuits resulting from the performance of medical, surgical, dental, or related functions with the approved scope of project.

A patient who alleges acts of medical malpractice by a deemed health center cannot sue the center or the provider directly, but must file the claim against the United States.
These claims are reviewed and/or litigated by the U.S. Department of Health and Human Services, Office of the General Counsel and the Department of Justice according to FTCA requirements. HRSA pays for all settlements and judgments from a separately appropriated Health Center FTCA Judgment Fund. Currently, there are 956 deemed Health Centers, covering 15,000 people.

Source: Health Resources and Services Administration

Current Federal Tort Claims Act (FTCA) Guidance- PAL 2011-05

NEW Documentation Requirements

Please pay special attention to the following additional information requested to be submitted in the FTCA application:

Minutes from the last six QI/QA committee meetings (please provide explanation if less than 6);
Minutes from the last six Board meetings evidencing oversight of QI/QA activities (please provide explanation if less than 6);
Credentialing and privileging policies; and
Clinical policies and procedures in the following areas: referral tracking, hospitalization tracking, x-ray tracking, and lab results tracking.

In addition, there are additional questions in the actual FTCA application when compared to last year. To review the FTCA application, please see Attachment 2 of PAL 2011-05.

All FTCA applications must be submitted electronically through the FTCA deeming module within the HRSA Electronic Handbook (EHB). The EHB system will be available to begin receiving CY 2012 deeming applications on May 26, 2011 (PAL states 06/01/2011).

The closing date for redeeming applications is July 11, 2012. Health Centers submitting initial applications can apply at anytime during the year while the EHB system is operational.

TECHNICAL ASSISTANCE (TA) CALL FOR PAL 2011-05
Date: Wednesday, June 8, 2011
Time: 3:30 p.m. to 5:30 p.m. Eastern Time
Dial-in-Number: 1-888-324-8191
Participant Pass-code: 8854749
Instant Replay Phone Number: 1-800-337-5610
Slides for the call are available here.

Please carefully read the PAL prior to the TA call, since there are several significant changes to this year’s FTCA application.

FTCA/BPHC HELP LINE
Phone: 1-877-974-BPHC (877-974-2742)
9:00 AM to 5:30 PM Eastern Time
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Resources

Bureau of Primary Health Care Federal Tort Claims Act (FTCA) Information
PDF of Resources listed on this web-page

PINS and PALs
Calendar Year 2012 Requirements for Federal Tort Claims Act (FTCA) Medical Malpractice Coverage for Health Centers (PAL 2011-05)
Federal Tort Claims Act (FTCA) Health Center Policy Manual (PIN 2011-01)
Calendar Year 2011 Requirements for Federal Tort Claims Act (FTCA) Medical Malpractice Coverage (PAL 2010-06)
Clarification of BPHC Credentialing and Privileging Policy Outlined in PIN 2001-16 (PIN 2002-22)
Credentialing and Privileging of Health Center Practitioners (PIN 2001-16)

FTCA User Guide
BPHC Federal Tort Claims Act User Guide (CY 2011)

Quality Improvement Plan
BPHC provides 'Quality Improvement Planning Learning Series' that assist with the development, implementation, and maximization of the effectiveness of a Quality Improvement Plan. The health center’s governing Board must approve the QI/QA Plan at least every three years and the QI/QA plan should include the Board-approved date along with a signature from the Board President or Secretary.

Sample Credentialing and Privileging Policy
(Please note, these are not endorsed by AUCH)
Health Care Communities Listserv and Searchable Database
Migrant Clinician Association Example
Montana Example

Credentials Verification Organizations (CVO) and Data Bank
(More CVO's may be available)
National Practitioner Data Bank (NPDB) (Medicare Required)
Education Commission for Foreign Medical Graduates (ECFMG®)
American Board of Medical Specialties
American Medical Association (AMA)
National Association of Medical Staff Services
Administrators in Medicine
CertiFACTS Online