View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
HHS/HRSA RIN: 0906-AA77 Publication ID: Spring 2009 
Title: ●Health Center Federal Tort Claims Act (FTCA) Medical Malpractice Program Regulations-–Clarification of FTCA Coverage for Services Provided to Non-Health Center Patients 
Abstract: The Bureau of Primary Health Care (BPHC) of the Health Resources and Services Administration (HRSA) proposes amending regulations at 42 CFR Part 6 (“FTCA Coverage of Certain Grantees and Individuals”) to include additional examples of Federal Tort Claims Act (FTCA)-covered activities. Recently, questions have arisen regarding the scope of FTCA regulations as they affect medical malpractice coverage for FTCA-deemed health centers and non-health center patients. Section 6.6(e) of the Health Center FTCA Program regulations provides examples of situations within the scope of section 6.6(d) (which authorizes FTCA medical malpractice coverage for non-health center patients). These examples include certain community-wide interventions and hospital-related activities where the health center’s health care practitioners will be covered for services provided to non-health center patients. To ensure that deemed health center providers are covered by the FTCA for services provided to non-health center patients in individual emergency situations, HRSA proposes adding an additional example of a situation where a health center provider would be covered under the FTCA for services provided to a non-health center patient. Specifically, the example that we propose be added as 42 CFR 6.6(e)(4) is: 'A health center provider is acting to provide care to a health center patient (and such care is part of the approved scope of project of the center) and the provider is then asked, as the result of a non-health center patient’s emergency situation, to temporarily treat or assist in treating that non-health center patient at that location. The health center has documentation (such as employee manual provisions, health center bylaws, or employee contract) that the provision of individual emergency treatment (when the practitioner is already on-site acting to provide care to health center patients) is a condition of employment at the health center.' In addition, we propose that some additional examples previously provided in a September 25, 1995 Federal Register Notice (Vol. 60, pp. 49417-8) be added to the examples in the regulations. The examples relate to community-wide interventions, hospital-related activities, and coverage-related activities. We plan to provide at least a 60-day comment period. 
Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 42 CFR 6   
Legal Authority: 42 USC 233   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Shannon Dunne-Faltens
Branch Chief, Bureau of Primay Health Care, Office of Policy and Progam Development
Department of Health and Human Services
Health Resources and Services Administration
Room 17C-10, 5600 Fishers Lane,
Rockville, MD 20857
Phone:301 594-4300
Fax:301 594-4997
Email: sdunne-faltens@hrsa.gov