FTCA for Free Clinics
Congress enacted FTCA medical malpractice protection for volunteer free clinic health professionals in 2004. Free clinic volunteers who meet all the requirements may be sponsored by the free clinic and "deemed" a federal employee for the purpose of FTCA medical malpractice coverage.
FTCA deemed status provides the volunteer health care professional with immunity from medical malpractice lawsuits resulting from his/her subsequent performance of clinical medical, dental or related functions within the scope of his/her work at the free clinic.
FTCA Coverage for Volunteer Health Care Professionals in Free Clinics
In 2004, Congress enacted FTCA medical malpractice protection for volunteer Free Clinic health professionals. Free Clinic volunteers who meet all the requirements may be sponsored by the Free Clinic and "deemed" a federal employee for the purpose of FTCA medical malpractice coverage.
How does the FTCA program benefit volunteer health care professionals in Free Clinics?
- FTCA deemed status provides the volunteer health care professional with immunity from medical malpractice lawsuits resulting from his/her subsequent performance of medical, dental or related functions within the scope of his/her work at the Free Clinic.
- The Health Insurance Portability and Accountability Act (HIPPA) granted medical malpractice coverage through the Federal Tort Claims Act (FTCA) to volunteer Free Clinic health care professionals.
- Under the Act, volunteer Free Clinic health care professionals are considered Federal employees with the Federal government acting as their primary insurer.
- Eligible Free Clinics must submit an original deeming and annual renewal deeming applications on behalf of their volunteer health care professionals to the Department of Health and Human Services (HHS), Health Resources and Services Administration (HRSA), Bureau of Primary Health Care (BPHC).
Related Legislation, Regulations, and Policies
Congress enacted FTCA medical malpractice protection for volunteer Free Clinic health care professionals through Section 194 of HIPAA (Public Law 104-91) by amending section 224 of the Public Health Service Act (42. U.S.C. 233, 42 U.S.C. 233(o)).
Where can I get more information about FTCA coverage for Free Clinic volunteer health care professionals?
HRSA/BPHC has issued one Program Information Notice (PIN) related to the Free Clinic FTCA Program, PIN 2004-24: Federal Tort Claims Act Coverage for Free Clinic Volunteer Health Care Professionals. This PIN is available at http://bphc.hrsa.gov/policy/#ftca.
Contacts & Sources for Additional Information
Bureau of Primary Health Care's FTCA Help Line: 1-866-FTCA-HELP (866-382-2435)
Federal Torts Claims Act Program
Office of Quality and Data
Bureau of Primary Health Care
Health Resources and Services Administration
5600 Fishers Lane
Rockville, MD 20857
Phone: 301-594-0818
Fax: 301-594-5224
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