[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR6.6]



[Page 53]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 6_FEDERAL TORT CLAIMS ACT COVERAGE OF CERTAIN GRANTEES AND 

INDIVIDUALS--Table of Contents

 

Sec. 6.6  Covered acts and omissions.



    (a) Only acts and omissions occurring on and after the effective 

date of the Secretary's determination under Sec. 6.5 and before the 

later date specified in section 224(g)(3) of the Act are covered by this 

part.

    (b) Only claims for damage for personal injury, including death, 

resulting from the performance of medical, surgical, dental, or related 

functions are covered by this part.

    (c) With respect to covered individuals, only acts and omissions 

within the scope of their employment (or contract for services) are 

covered. If a covered individual is providing services which are not on 

behalf of the covered entity, such as on a volunteer basis or on behalf 

of a third-party (except as described in paragraph (d) of this section), 

whether for pay or otherwise, acts and omissions which are related to 

such services are not covered.

    (d) Only acts and omissions related to the grant-supported activity 

of entities are covered. Acts and omissions related to services provided 

to individuals who are not patients of a covered entity will be covered 

only if the Secretary determines that:

    (1) The provision of the services to such individuals benefits 

patients of the entity and general populations that could be served by 

the entity through community-wide intervention efforts within the 

communities served by such entity;

    (2) The provision of the services to such individuals facilitates 

the provision of services to patients of the entity; or

    (3) Such services are otherwise required to be provided to such 

individuals under an employment contract or similar arrangement between 

the entity and the covered individual.

    (e) Examples. The following are examples of situations within the 

scope of paragraph (d) of this section:

    (1) A community health center deemed to be a covered entity 

establishes a school-based or school-linked health program as part of 

its grant supported activity. Even though the students treated are not 

necessarily registered patients of the center, the center and its health 

care practitioners will be covered for services provided, if the 

Secretary makes the determination in paragraph (d)(1) of this section.

    (2) A migrant health center requires its physicians to obtain staff 

privileges at a community hospital. As a condition of obtaining such 

privileges, and thus being able to admit the center's patients to the 

hospital, the physicians must agree to provide occasional coverage of 

the hospital's emergency room. The Secretary would be authorized to 

determine that this coverage is necessary to facilitate the provision of 

services to the grantee's patients, and that it would therefore be 

covered by paragraph (d)(2) of this section.

    (3) A homeless health services grantee makes arrangements with local 

community providers for after-hours coverage of its patients. The 

grantee's physicians are required by their employment contracts to 

provide periodic cross-coverage for patients of these providers, in 

order to make this arrangement feasible. The Secretary may determine 

that the arrangement is within the scope of paragraph (d)(3) of this 

section.



[60 FR 22532, May. 8, 1995; 60 FR 36073, July 13, 1995]