[Federal Register Volume 75, Number 126 (Thursday, July 1, 2010)]
[Notices]
[Pages 38109-38110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15971]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Notice of Availability of Draft Policy Document for Comment
AGENCY: Health Resources and Services Administration (HRSA), HHS.
ACTION: The Federal Tort Claims Act (FTCA) Policy Manual was developed
to serve as the primary policy source for information on FTCA for
Health Center Program grantees funded under section 330 of the Public
Health Service (PHS) Act (``section 330''). The Policy Manual is
currently posted on the Internet at http://bphc.hrsa.gov/draftsforcomment/ftcamanual/.
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DATES: Comments must be received by August 6, 2010.
ADDRESSES: Comments should be submitted to [email protected] by
close of business on August 6, 2010.
SUMMARY: HRSA believes that community input is valuable to the
development of policies and policy documents related to the
implementation of HRSA programs, including the Health Center Program.
Therefore, we are requesting comments on the FTCA Policy Manual
referenced above. Comments will be reviewed and analyzed, and a summary
and general response to comments will be published as soon as possible
after the comment submission deadline.
BACKGROUND: HRSA administers the Health Center Program, which supports
more than 1,100 organizations operating almost 8,000 health care
delivery sites, including community health centers, migrant health
centers, health care for the homeless centers, and public housing
primary care centers. Health centers serve medically underserved
communities delivering preventive and primary care services to patients
regardless of their ability to pay.
Health Center Program grantees funded under section 330 of the PHS
Act, including Community Health Centers, Migrant Health Centers, Health
Care for the Homeless Health Centers, and Public Housing Primary Care
Health Centers, have access to medical malpractice coverage under the
Federal Tort Claims Act (FTCA). FTCA, enacted in 1946, is the legal
mechanism for compensating people who have suffered personal injury due
to the negligent or wrongful action of employees of the
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U.S. Government. Under section 224 of the PHS Act, as amended by the
Federally Supported Health Centers Assistance Act (FSHCAA) of 1992 and
1995, a section 330-funded health center, as well as its officers,
directors, employees, and certain contractors, may be considered deemed
to be Federal employees for the purpose of medical malpractice coverage
under the FTCA. As such, they are immune from personal liability for
claims of medical malpractice arising from their deemed employment,
contract for services, or duties as an officer or director of the
deemed health center. FSHCAA requires health centers to apply for
deemed status in order for FTCA coverage to be effective.
HRSA has issued numerous Program Information Notices (PINs) and
Program Assistance Letters (PALs) related to the Health Center FTCA
Medical Malpractice Program. HRSA consolidated these PINs and PALs to
create this FTCA Policy Manual. It is intended to convey guidance
regarding existing policy and current processes, and to serve as the
principal policy resource on FTCA matters for Health Center Program
grantees and related stakeholders. It will be updated as new policy and
program guidance are issued.
FOR FURTHER INFORMATION CONTACT: For questions regarding this notice,
please contact the HRSA Bureau of Primary Health Care, Office of
Quality and Data, at 301-594-0818.
Dated: June 24, 2010.
Mary K. Wakefield,
Administrator.
[FR Doc. 2010-15971 Filed 6-30-10; 8:45 am]
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