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HHS/HRSA RIN: 0906-AA78 Publication ID: Spring 2009 
Title: ●Federal Tort Claims Act (FTCA) Coverage of Certain Grantees and Individuals: Covered acts and omissions-–Continuing Medical Education 
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 an additional example 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 community-wide interventions and hospital-related activities that are required by the health center for employment. One requirement that health centers have for providers is to maintain licensure and credentials, which requires providers to annually obtain a set number of Continuing Education Units (CEUs.) These CEUs may require the provider to provide medical services to non-health center patients. To ensure that deemed health center providers are covered by the FTCA for these services performed to obtain required CEUs for licensure and credentials, HRSA proposes adding an additional example of a situation where a health center provider would be covered under FTCA for these services. 
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 
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