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FTCA Policies and Program Guidance

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FTCA Policy for Health Centers

Determination of Coverage for Prescribing and Distributing Naloxone by Health Center Providers

Determination of Coverage for Prescribing and Distributing Naloxone by Health Center Providers (PDF - 84 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.
 

Determination of Coverage for COVID-19-Related Activities by Health Center Providers

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 2023 Requirements for Federal Tort Claims Act (FTCA) Coverage for Health Centers

Program Assistance Letter 2022-01 (PDF - 599 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 2023.

Temporary Privileging of Clinical Providers by Federal Tort Claims Act (FTCA) Deemed Health Centers in Response to Certain Declared Emergency Situations

Program Assistance Letter 2017-07 (PDF - 286 KB)
The purpose of this Program Assistance Letter (PAL) is to clarify the credentialing and privileging documentation required to support temporary privileging of clinical providers by health centers in response to certain declared emergency situations for purposes of deemed Public Health Service (PHS) employment with associated Federal Tort Claims Act (FTCA) protections under section 224 of the Public Health Service Act (PHSA).

Federal Tort Claims Act (FTCA) Health Center Policy Manual

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).

FTCA Policy for Health Center Volunteer Health Professionals (VHPs)

Calendar Year 2022 Volunteer Health Professional Federal Tort Claims Act (FTCA) Deeming Sponsorship Application Instructions

Program Assistance Letter PAL 2021-02 (PDF - 222 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) 2022 for VHP redeeming applicants and coverage for 2021 for new initial applicants.

FTCA Policy for Free Clinics

Determination of Coverage for COVID19-Related Activities by Free Clinic Providers

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 2023 Requirements for Federal Tort Claims Act (FTCA) Deeming Application for Free Clinics 

Program Assistance Letter 2022-02 (PDF - 365 KB)

This Program Assistance Letter (PAL) supersedes PAL 2021-03 (PDF - 314 KB) and provides guidance on the Calendar Year (CY) 2023 (PDF - 365 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

The Federally Supported Health Centers Assistance Act of 1992, as amended in 1995 (FSHCAA) and 42 C.F.R. § 6.6(d) authorizes FTCA coverage for services to non-health center patients in certain situations. Additional clarification of those specific situations can be found in FTCA Program regulatory amendments (see 78 Federal Register Notice 58202 (FRN)). The FRN indicates that activities that fit squarely within certain listed examples are approved for FTCA coverage under 42 C.F.R. § 6.6(d) and section 224(g)(1)(B)(ii) of the Public Health Service Act, as long as there is compliance with all other coverage requirements under FSHCAA. However, if any element of an activity or arrangement does not fit squarely into the examples listed within the FRN for non-health center patients, the covered entity may request consideration for a particularized determination of coverage for services in the health center's approved scope of project. Please refer to the Particularized Determination Tip Sheet (PDF - 136 KB) for additional examples and the submission process.

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