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DOJ/LA RIN: 1105-AB37 Publication ID: Fall 2023 
Title: Determination That an Individual Shall Not Be Deemed an Employee of the Public Health Service 

This rule would implement the Attorney General's authority under 42 U.S.C. 233(i) to determine that an individual health care provider shall not be deemed an employee of the Public Health Service for purposes of 42 U.S.C. 233(g) and the Federal Tort Claims Act. Section 233(i) of title 42 provides that the Attorney General, in consultation with the Secretary of Health and Human Services, may on the record determine, after notice and an opportunity for a full and fair hearing, that an individual physician or other licensed or certified health care practitioner who is an officer, employee, or contractor of an entity described in 42 U.S.C. 233(g)(4) shall not be deemed to be an employee of the Public Health Service for purposes of 42 U.S.C. 233 if "treating such individual as such an employee would expose the Government to an unreasonably high degree of risk of loss."

Agency: Department of Justice(DOJ)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 28 CFR 15   
Legal Authority: 42 U.S.C. 233(i)   
Legal Deadline:  None
Action Date FR Cite
NPRM  03/06/2015  80 FR 12104   
NPRM Comment Period End  05/05/2015 
Final Action  12/00/2023 
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:
Conor Kells
Senior Trial Counsel, FTCA Section
Department of Justice
Legal Activities
P.O. Box 888, Benjamin Franklin Station,
Washington, DC 20044
Phone:202 616-4273