Breadcrumb
  1. Home
  2. Compliance
  3. Federal Tort Claims Act (FTCA)
  4. FTCA Policies and Program Guidance

FTCA Policies and Program Guidance

On this page for:

Health centers

Determination of Coverage for Prescribing and Distributing Naloxone by Health Center Providers (PDF - 142 KB)

The purpose of this particularized determination, in accordance with 42 U.S.C. § 233(g)(1)(B) and (C), and under regulations set forth in 42 C.F.R. § 6.6, is to extend eligibility for FTCA coverage to individuals who have been deemed as Public Health Service employees through the Health Center FTCA Program and the Health Center Volunteer Health Professional (VHP) FTCA Program who prescribe and dispense naloxone as a service within the health center’s Health Center Program scope of project to individuals who are not patients of the health center at a health center service site or at offsite locations within the community served by the health center and where the health center is providing care. This determination was renewed on August 17, 2023 for one calendar year, subject to future renewals.

Determination of Coverage for COVID-19-Related Activities by Health Center Providers (PDF - 34 KB)

The purpose of this particularized determination, in accordance with 42 U.S.C. § 233(g)(1)(B) and (C), and under regulations set forth in 42 C.F.R. § 6.6, is to extend eligibility for FTCA coverage for individuals who have been deemed as Public Health Service employees through the Health Center FTCA Program and the Health Center Volunteer Health Professional (VHP) FTCA Program who provide grant-supported health services to prevent, prepare or respond to COVID-19 (including but not limited to, screening, triage, testing, diagnosis, and treatment) to individuals who are not established patients of the health center.

Calendar Year 2025 Requirements for Federal Tort Claims Act (FTCA) Coverage for Health Centers and Their Covered Individuals, Program Assistance Letter 2024-03 (PDF - 812 KB)

This Program Assistance Letter (PAL) addresses the process that health centers must follow in order to submit their FTCA deeming and redeeming applications for calendar year 2025.

Temporary Privileging of Clinical Providers by Deemed Public Health Service Employee Health Centers Impacted by Certain Declared Emergencies or Other Emergency Situations, Program Assistance Letter 2024-01 (PDF - 243 KB)

The purpose of this Program Assistance Letter (PAL) is to provide updated clarification of the credentialing and privileging documentation required to support temporary privileging of clinical providers by health centers that have been deemed by the Health Resources and Services Administration (HRSA) as Public Health Service (PHS) employees when impacted by certain declared emergencies or other emergency situations.
 

Federal Tort Claims Act Health Center Policy Manual (PDF - 406 KB)

The FTCA Health Center Policy Manual is the primary source for information on the FTCA program for Health Center Program grantees and related stakeholders. It was updated in 2014 to reflect amendments to the FTCA Health Center regulations, set forth in the Code of Federal Regulations, title 42, part 6 (42 CFR part 6). The updated FTCA Health Center Policy Manual supersedes PIN 2011-01, which consolidated and incorporated the content of various listed Policy Information Notices (PINs) and Program Assistance Letters (PALs).

Notice of Federal Tort Claims Act (FTCA) Health Center Policy Manual Update, Program Assistance Letter 2014-09 (PDF - 243 KB)

This PAL announced and disseminated clarifications and updates in advance of publication of the updated Federal Tort Claims Act (FTCA) Health Center Policy Manual.

Health center volunteer health professionals (VHPs)

Calendar Year 2025 Volunteer Health Professional Federal Tort Claims Act (FTCA) Deeming Sponsorship Application Instructions, Program Assistance Letter (PAL) 2024-04  (PDF - 264 KB)

The purpose of this PAL is to provide information and instructions for applications for deemed Public Health Service (PHS) employment for Volunteer Health Professionals (VHPs) sponsored by deemed health centers (or deemed health center subrecipients) for calendar year (CY) 2025 for VHP redeeming applicants and coverage for 2024 for new initial applicants.

Instructions for Completing Federal Tort Claims Act Volunteer Health Professionals Emergency Deeming Sponsorship Applications, Program Assistance Letter PAL 2024-02 (PDF - 244 KB)

The purpose of this PAL is to provide information and instructions to assist health centers that have been approved by the Health Resources and Services Administration (HRSA) to submit a streamlined Volunteer Health Professionals (VHP) Emergency Deeming Sponsorship Application in certain emergencies for new VHPs to be deemed as Public Health Service (PHS) employees.

Free clinics

Determination of Coverage for COVID19-Related Activities by Free Clinic Providers (PDF - 33 KB)

The purpose of this particularized determination, in accordance with 42 U.S.C. § 233(o)(5), is to extend eligibility for FTCA coverage to individuals who have been deemed as Public Health Service employees through the Free Clinics FTCA Program for the provision of a qualifying health service to prevent, prepare or respond to COVID-19 (including, but not limited to, screening, triage, testing, diagnosis, and treatment) to individuals who are not established patients of the free clinic.

Calendar Year 2025 Federal Tort Claims Act (FTCA) Deeming Sponsorship Application for Free Clinics, Program Assistance Letter 2024-08 (PDF - 375 KB)

This Program Assistance Letter (PAL) supersedes PAL 2023-04 (PDF - 378 KB) and provides guidance on the Calendar Year (CY) 2025 (PDF - 375 KB) deeming application process for liability coverage under the provisions of section 224(o) of the PHS Act (42 U.S.C. §233(o)).  

Free Clinics Federal Tort Claims Act (FTCA) Program Policy Highlight on Eligibility of Volunteer Health Professionals, Program Assistance Letter 2018-04 (PDF - 140 KB)

This Program Assistance Letter (PAL) highlights the program requirement that volunteer health care professionals must be licensed or certified health practitioners of the free clinic in order to be eligible for deemed Public Health Service (PHS) employment with associated Federal Tort Claims Act (FTCA) protections, as set forth in subsection 224(o) of the Public Health Service (PHS) Act, and as implemented in PIN 2011-02, the Free Clinics FTCA Program Policy Guide.

Free Clinics Federal Tort Claims Act (FTCA) Program Policy Guide, Policy Information Notice 2011-02 (PDF - 380 KB)

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.

Particularized determination

Refer to the Particularized Determination Tip Sheet (PDF - 136 KB) for examples and the submission process.

Date Last Reviewed: