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  5. Federal Tort Claims Act (FTCA) Deeming Requirements

Federal Tort Claims Act (FTCA) Deeming Requirements

In this section:


Primary Reviewer: Clinical Expert

Secondary Reviewer: N/A


  • Please find below observations regarding the review of FTCA requirements regarding Risk and Claims Management.
  • The FTCA Program uses the site visit report to support programmatic decisions, including but not limited to FTCA deeming decisions, and to identify technical assistance needs for FTCA deemed health centers. In circumstances where the site visit report contains FTCA risk and claims management findings that require follow-up, the FTCA Program may develop and share a Corrective Action Plan (CAP) with the health center. HRSA expects the health center to respond to the CAP and address findings.
  • Unresolved Health Center Program conditions related to Clinical Staffing and/or Quality Improvement/Assurance requirements that apply to both Health Center Program and FTCA deeming may impact FTCA deeming if they are not resolved by the time that HRSA makes annual FTCA deeming decisions.
  • Health centers that have questions regarding the FTCA Program or FTCA deeming requirements may contact Health Center Program Support or call 1–877–464–4772.

Authority: Section 224(g)-(n), 224(q) of the Public Health Service (PHS) Act (42 U.S.C. 233(g)-(n) and (q)); and 42 CFR Part 6

Health Center Program Compliance Manual Related Considerations

Document Checklist for Health Center Staff

Demonstrating Compliance

  1. Is the health center currently deemed under the Health Center Federal Tort Claims Act (FTCA) Program?

    Response is either: Yes or No

    NOTE: If “No” was selected, NONE of the questions for ANY of the elements in this FTCA section are applicable.

Risk Management

Claims Management


1. For example: “This health center receives HHS funding and has federal PHS deemed status with respect to certain health or health-related claims, including medical malpractice claims, for itself and its covered individuals.” For more information, visit the Federal Tort Claims Act (FTCA) website.

Date Last Reviewed: