One of the most important benefits available to Section 330-funded community health centers (health centers) is that they are eligible for medical malpractice coverage under the Federal Tort Claims Act (FTCA). Coverage under the FTCA means that, for any medical malpractice claims made against the health center, the health center is deemed to be a federal employee which, in turn, makes the health center, its employees and certain contractors, immune from lawsuit alleging medical malpractice.
Maintaining FTCA coverage is essential for a health center’s success. Navigating the deeming and re-deeming process, the intricacies of the regulatory and policy guidance regarding activities covered by FTCA, as well as the claims management process can be very challenging for a health center. The FTCA Subscription Service provides health centers with a confidential and comprehensive resource for their FTCA-related needs.
Find the FTCA specific documents and relevant links you need quickly and easily in the FTCA Resource Center.
- Links to laws, regulations, PINs and PALs
- Links to relevant case law
- Sample documents
Subscribers will have access to comprehensive, electronic E-Briefings that will keep subscribers on top of the latest developments related to FTCA. Briefings will include relevant case law, legislative and regulatory developments, links to articles and analyses of FTCA-related matters and coverage of FTCA “hot topics.” Between E-Briefings, subscribers will receive alerts advising of late-breaking virtual and in-person FTCA conferences and the latest information regarding FTCA matters.
Subscribers can designate up to 4 health center staff members who will have direct telephone access to FTLF’s experienced “FTCA Team.” The FTCA Team is lead by Marty Bree, who has more than 30 years of experience working with health centers and the FTCA Program. In addition to Marty Bree, the FTCA Team also includes other FTLF attorneys and consultants who have significant experience in FTCA-related matters such as professional liability insurance issues, deeming application preparation and review, risk management, and FTCA claims management. Through confidential FTCA telephone consultations, subscribers will be able to consult a member of FTLF’s FTCA Team with their specific inquiries regarding FTCA coverage. Among the FTCA coverage- related topics that subscribers can discuss confidentially are:
- General information on FTCA coverage.
- What types of individuals covered?
- What locations are covered?
- Issues related to coverage of health center vs. non-health center patients
- Scope of project issues related to FTCA coverage.
- Is a service or procedure in the scope of project?
- How does a health center change its scope of project?
- Claims processing questions.
- If a claim is filed in local court against a health center what should the health center do?
- How does the FTCA claims process work?
- What should a health center expect and be prepared for?
- Information on other insurance requirements including Gap insurance coverage.
- What is Gap insurance? What factors should you consider in deciding if you need Gap insurance?
- Care to non-health center patients and process for getting HRSA approval.
- Can the FTCA provide protection for encounters with non-health center patients?
- What services provided to non-health center patients can be covered by FTCA?
- Information on deeming and re-deeming process.
- How does the deeming/re-deeming process work?
- What information does a health center need to have available before filing a deeming/re-deeming application?