[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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