[Federal Register Volume 69, Number 178 (Wednesday, September 15, 2004)]
[Notices]
[Page 55638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20767]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Agency Information Collection Activities Under Emergency Review 
for the Office of Management and Budget (OMB)

    The Health Resources and Services Administration (HRSA) has 
submitted the following request (see below) for emergency OMB review 
under the Paperwork Reduction Act (44 U.S.C. Chapter 35). OMB approval 
has been requested within 5 days of publication of this notice. A copy 
of the information collection plans may be obtained by accessing http://www.bphc.hrsa.gov/freeclinicsftca or contacting Shannon Faltens or 
Felicia Collins via e-mail at [email protected] or on (301) 594-
0818.

Proposed Project: Free Clinics Federal Tort Claims Act (FTCA) Deeming 
Application: New

    Congress legislated FTCA medical malpractice protection for free 
clinic volunteer health professionals through section 194 of the Health 
Insurance Portability and Accountability Act (HIPAA). Individuals 
eligible to participate in this program are health care practitioners 
volunteering at free clinics who meet specific eligibility 
requirements. If an individual meets all the requirements of this 
program, he/she can be ``deemed'' to be a Federal employee. This deemed 
status specifically provides immunity from medical malpractice lawsuits 
as a result of the performance of medical, surgical, dental, or related 
activities within the scope of the volunteer's work at the free clinic.
    The sponsoring free clinic must submit a FTCA deeming application 
to HRSA on behalf of its volunteer health care professional(s). This 
application will require information about the sponsoring free clinic's 
credentialing and privileging systems, risk management practices, and 
quality assurance processes in order to ensure that the Federal 
Government is not exposed to undue liability resulting from the medical 
malpractice coverage of non-qualified health care professionals. 
Attached to the application will be a listing of specific volunteer 
health care professionals for whom the sponsoring free clinic is 
requesting deemed status.
    Emergency approval is being requested because the data collection 
and reporting of this information is needed before the expiration of 
the normal time limits under OMB's regulations at 5 CFR part 1320. This 
information is needed to ensure the timely availability of data as 
necessary for the Secretary to make a determination for the provision 
of FTCA deemed status to volunteer health care professionals working at 
free clinics. Upon receipt of OMB approval for this submission, HRSA 
will publish a Federal Register notice to begin the process for routine 
clearance under 5 CFR 1320.
    The burden estimate for this project is as follows:

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                                     Number of     Responses per       Total         Hours per     Total burden
              Form                  respondents     respondent       responses       response          hours
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FTCA Deeming Application........             600               1             600             2.5           1,500
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    Written comments and recommendations should be sent within 5 days 
of publication of this notice to John Kramer, Human Resources and 
Housing Branch, Office of Management and Budget, New Executive Office 
Building, Room 10235, Washington, DC 20503. Due to potential delays in 
OMB's receipt and processing of mail sent through the U.S. Postal 
Service, respondents are encouraged to submit comments by fax to 202-
395-6974.

    Dated: September 10, 2004.
Tina M. Cheatham,
Director, Division of Policy Review and Coordination.
[FR Doc. 04-20767 Filed 9-14-04; 8:45 am]
BILLING CODE 4165-15-P