|
The Federally Supported Health Centers Assistance
Act of 1992 and 1995 granted medical malpractice liability
protection through the Federal Tort Claims Act (FTCA)
to HRSA-supported health centers. Under the Act, health
centers are considered Federal employees and are immune
from lawsuits, with the Federal government acting
as their primary insurer.
About FTCA for Health Centers
Since its enactment in 1946, the Federal Torts Claims
Act (FTCA) has been the legal mechanism for compensating
people who have suffered personal injury by the negligent
or wrongful action of employees of the US government.
Under Section 224 of the Public Health Service Act,
as amended by the Federally Supported Health Centers
Assistance Act of 1992 and 1995, employees of eligible
health centers may be deemed to be federal employees
qualified for protection under the FTCA.
Eligible health centers must submit an original
deeming and annual renewal deeming applications to
the U.S. Department of Health and Human Services,
Health Resources and Services Administration, Bureau
of Primary Health Care.
There is no cost to participating health centers or
their providers, and they are not liable for any settlements
or judgments that are made. The Federal government
assumes responsibility for these costs. The health
center, their employees and eligible contractors are
considered federal employees immune from suit for
medical malpractice claims while acting within the
scope of their employment.
Once deemed, centers are not liable for any settlements
or judgments that are made. The Federal government
assumes responsibility for these costs. The health
center, its employees and eligible contractors are
considered Federal employees immune from suit for
medical malpractice claims while acting within the
scope of their employment. Deemed Health Center Program
grantees are immune from medical malpractice lawsuits
resulting from the performance of medical, surgical,
dental, or related functions with the approved scope
of project.
A patient who alleges acts of medical malpractice
by a deemed health center cannot sue the center or
the provider directly, but must file the claim against
the United States.
These claims are reviewed and/or litigated by the
U.S. Department of Health and Human Services Office
of the General Counsel and the Department of Justice
according to FTCA requirements. HRSA pays for
all settlements and judgments from a separately appropriated
Health Center FTCA Judgment Fund. As of March
27, 2006 there are approximately 843 FTCA deemed health
centers.
FTCA
for Free Clinics
Congress enacted FTCA medical malpractice
protection for volunteer free clinic health professionals
in 2004. Free clinic volunteers who meet all the requirements
may be sponsored by the free clinic and "deemed" a
federal employee for the purpose of FTCA medical malpractice
coverage.
FTCA deemed status provides the volunteer health
care professional with immunity from medical malpractice
lawsuits resulting from his/her subsequent performance
of clinical medical, dental or related functions within
the scope of his/her work at the free clinic.
|
