News & Announcements
Free Clinics Deeming TA Webcast 2018 FAQs (PDF - 214 KB)
Interested in Applying to Become an FTCA Program Free Clinic?
The Federal Tort Claims Act was enacted in 1946, and provides the legal mechanism for compensating people who suffer personal injury due to the alleged negligent or wrongful action of employees of the U.S. government.
Free clinics rely on volunteers and other health professionals to provide medical, dental, pharmacy, vision and/or behavioral health services to poor and underserved people. Practitioners, board members, officers, employees and qualified individual contractors affiliated with free clinics may be sponsored by a free clinic in applying for Federal Tort Claims Act malpractice protection.
FTCA deemed providers include a broad range of health professionals. Some are licensed and/or certified, such as physicians, dentists and nurses. Others are not, such as medical receptionists or board members.
Free Clinics must sponsor each individual and apply to HRSA to "deem” the individual. Health centers, by contrast, are "deemed" as entities and receive automatic FTCA coverage for all qualified employees when the health center is "deemed."
Legislation, Regulations and Policies
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) extended the eligibility for FTCA protection to volunteer health professionals at qualifying free clinics. Funds to support the program were appropriated in 2004, and the first free clinic volunteers were "deemed" in 2005.
The Affordable Care Act further expanded eligibility for "deeming" to employees, officers, board members and contractors of qualifying free clinics.
- About FTCA
- Apply: Log into Electronic Handbook (EHB)
- Frequently Asked Questions
- FTCA Policies
- Application Process
- Risk Management and Quality Improvement
- Sample Liability Letter (PDF - 14KB)
- Sample Liability Letter (Spanish) (PDF - 15KB)
- FTCA Program Policy Letter (PAL) Highlight on Eligibility of Volunteer Health Professionals 2018-04 (PDF - 141 KB)