[Federal Register Volume 69, Number 171 (Friday, September 3, 2004)]
[Notices]
[Page 53926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20180]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Development of Application Guidance for Free Clinics To Sponsor a 
Volunteer Health Professional for Federal Tort Claims Act (FTCA) Deemed 
Status and FTCA Coverage for Medical Malpractice Claims

AGENCY: Health Resources and Services Administration, HHS.

ACTION: Solicitation of comments.

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SUMMARY: In preparation for the development of application guidance for 
determining the Free Clinics Federal Tort Claims Act (FTCA) Medical 
Malpractice Program (Program) qualifications, extent of protection, 
requirements for participation, and application process by which 
persons can determine if and/or how a volunteer free clinic health 
professional can be deemed a Public Health Service employee and, 
therefore, afforded FTCA medical malpractice protections, the Health 
Resources and Services Administration (HRSA) is offering an opportunity 
to comment on the draft Program Information Notice (PIN) titled 
``Federal Tort Claims Act Coverage of Free Clinic Volunteer Health Care 
Professionals.'' This Notice is available on HRSA's Bureau of Primary 
Health Care (BPHC) Web site at http://www.bphc.hrsa.gov/freeclinicsftca. This PIN details key definitions, sponsorship 
requirements, FTCA coverage, and the documentation required for the 
deeming application.
    HRSA believes that consultation with the public is an integral part 
of the application guidance development effort directed at implementing 
the Free Clinics FTCA Program.
    The opportunity to comment includes (1) Identifying those areas in 
the guidance that need clarification and/or improvement, and (2) 
offering suggestions for achieving improvements. This PIN will be 
effective when issued, and BPHC will use the feedback received under 
this comment process for future updates to the PIN for the Free Clinics 
FTCA Program. Comments will be reviewed, analyzed, and summarized for 
use in implementing the FTCA Free Clinic Volunteer Health Care 
Professionals deeming process.
    Background: The purpose of the Program is to provide FTCA medical 
malpractice protection for eligible volunteer free clinic health 
professionals. Individuals eligible to participate in the Program are 
health care practitioners volunteering at free clinics who meet certain 
requirements. If the health care practitioner meets the Program 
requirements, he or she can be ``deemed'' to be an employee of the 
Public Health Service and would be protected from non-FTCA medical 
malpractice lawsuits as a result of the performance of medical, 
surgical, dental or related functions within the scope of their 
volunteer work at the free clinic. These related functions may include 
the conduct in certain clinical studies or investigations.
    Authorizing Legislation: Section 224 of the Public Health Service 
Act (42 U.S.C. 233), as amended by Public Law 104-191 (the Health 
Insurance Portability and Accountability Act of 1996 (HIPAA)). Section 
194 of HIPAA amended the Act by adding subsection 224(o), which 
provides for liability protection for certain free clinic health 
professionals.

DATES: Please send comments no later than October 4, 2004. The comments 
should be addressed to Sam Shekar, M.D., M.P.H., Associate 
Administrator for Primary Health Care, Health Resources and Services 
Administration, 11th Floor, 4350 East West Highway, Bethesda, Maryland 
20814.

FOR FURTHER INFORMATION CONTACT: Program Director, Federal Tort Claims 
Act Medical Malpractice Program, Division of Clinical Quality, Bureau 
of Primary Health Care, Health Resources and Services Administration, 
4350 East West Highway, Bethesda, Maryland 20814 (Phone: 301-594-0818 
or e-mail: [email protected].)

    Dated: August 30, 2004.
Elizabeth M. Duke,
Administrator.
[FR Doc. 04-20180 Filed 9-2-04; 8:45 am]
BILLING CODE 4165-15-P