FTCA Policies

Program Assistance Letter 2012-02:

Calendar Year (CY) 2013 Requirements for Federal Tort Claims Act (FTCA) Medical Malpractice Coverage for Health Centers (PDF 240KB)

This PAL addresses the process that Health Centers must take in order to submit their FTCA deeming and redeeming applications for calendar year 2013.

Policy Information Notice 2002-22:
Clarification of Bureau of Primary Health Care Credentialing & Privileging Policy 

PIN 2002-22  provides guidance and clarifications related to the requirements that all Health Centers must follow when credentialing and privileging each licensed or certified health care practitioner to determine if they meet Health Center standards.

Policy Information Notice 2011-01:
Federal Tort Claims Act (FTCA) Health Center Policy Manual

The Federal Tort Claims Act (FTCA) Health Center Policy Manual is the primary source for information on the FTCA for the Health Center Program grantees and related stakeholders.  The FTCA manual will be amended, as needed, to incorporate future FTCA policy change and clarifications.  While this FTCA Policy Manual is intended to be the principal Health Center program resource on FTCA matters, please note that if there are any conflicts between its content and FTCA law as interpreted by the courts (including federal statutes, regulations, and case law), the law prevails.

Free Clinics

Policy Information Notice 2011-02: 
Free Clinics Federal Tort Claims Act (FTCA) Program Policy Guide

The Free Clinics FTCA Program Policy Guide is the primary source for information on the Free Clinics FTCA Program. This PIN explains and outlines the policies for the Free Clinics Federal Tort Claims Act (FTCA) Program. It includes an explanation of the Program including covered individuals, covered services and activities, and the claims process. It also clarifies program requirements such as credentialing and privileging systems, risk management activities, data reporting, and providing patients a notice of limited liability.

Program Assistance Letter 2011-03:
Free Clinics Federal Tort Claims Act (FTCA) Program Data Reporting for 2010 and 2011

This Program Assistance Letter (PAL) explains the data reporting expectations for free clinics sponsoring deemed individuals under the Free Clinics FTCA Program.  Specifically, it explains the reporting methods for 2010 data to be collected in early 2011 and informs sponsoring free clinics of the additional 2011 data that will be requested in early 2012.

Program Assistance Letter 2010-11:
Calendar Year 2011 Federal Tort Claims Act (FTCA) Deeming Application for Free Clinics

This PAL supplements PIN 2004-24 (http://bphc.hrsa.gov/ftca/freeclinics/) and provides guidance on the Calendar Year (CY) 2011 deeming application process for Federal Tort Claims Act coverage. Medical malpractice coverage under the FTCA is provided to certain qualified free clinic individuals (covered individuals) by 42 U.S.C. 233(o) of the Public Health Service (PHS) Act, as amended.

Program Assistance Letter 2010-08:
Requirements for Medical Malpractice Coverage for Free Clinic Board Members, Officers, Employees, and Individual Contractors under the Affordable Care Act Amendment to 42 U.S.C. 233(o)

This PAL supplements PIN  2004-24 (http://bphc.hrsa.gov/ftca/freeclinics/) and provides guidance on adding medical malpractice coverage for free clinic board members, officers, employees and contractors under the Affordable Care Act (Public Law 111-148), which amended the Public Health Service (PHS) Act, 42 U.S.C. 233(o).  42 U.S.C. 233(o), as amended, provides for the medical malpractice coverage of certain qualified free clinic individuals (covered individuals) under the FTCA. 

Policy Information Notice 04-24:
FTCA Coverage of Free Clinics Volunteer Health Care Professionals

This PIN has been superseded by PIN 2011-02.