Federal Tort Claims Act (FTCA)

FTCA coverage for eligible Bureau of Primary Health Care (BPHC) grantees was initially legislated through the Federally Supported Health Centers Assistance Act (FSHCAA) of 1992 (Public Law 102- 501) by amending section 224 of the Public Health Service (PHS) Act. The eligible entities ("Health Centers") are Migrant Health Centers, Community Health Centers, Health Care for the Homeless grantees, and Health Services for Public Housing Residents grantees. The FSHCAA of 1995, signed into law by the President on December 26, 1995, clarified the 1992 Act and eliminated its sunset provision, making the program permanent. The intent of the law was to increase the availability of funds for the provision of primary health care services by reducing the expenditure of Health Center funds for malpractice insurance premiums. The FSHCAAs accomplish this by making deemed Health Centers (and their officers, directors, employees and certain contractors) Federal employees for the purpose of medical malpractice. As Federal employees these organizations and individuals are immune from medical malpractice suits for actions within the scope of their employment. Potential plaintiffs must follow the requirements of the FTCA for relief. The FTCA applies to acts or omissions of covered entities in the performance of covered activities.

HRSA-Federal Tort Claims Act Program

FTCA Health Center Site Visit Protocol

Free Risk Management and Patient Safety Guidance from the ECRI Institute


FTCA Analyses from the National Association of Community Health Centers (NACHC)

Federal Tort Claims Act Coverage: Reducing Exposure for Common “Gap” Areas

Disclaimer- the NACHC resource is no longer available, however, the contracted insights within the article remain helpful.

 

 

 

 

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