[Federal Register Volume 72, Number 65 (Thursday, April 5, 2007)]
[Notices]
[Pages 16798-16799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6366]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Notice of Availability of Draft Policy Document for Comment

AGENCY: Health Resources and Services Administration (HRSA), HHS.

ACTION: This is a Notice of Availability and request for comments on a 
draft Agency Guidance (``Policy Information Notice'' (PIN)) to clarify 
the scope of Federal Torts Claims Act (FTCA) coverage for FTCA-deemed 
Health Center Program grantees during an emergency. The PIN, ``Federal 
Tort Claims Act Coverage for Health Center Program Grantees Responding 
to Emergencies'' (``FTCA PIN'') is available on the Internet at http://bphc.hrsa.gov.

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DATES: Comments must be received by May 31, 2007.

ADDRESSES: Please send your comments to the following e-mail address: 
[email protected].
SUMMARY: HRSA believes that community input is valuable to the 
development of policies and policy documents related to the 
implementation of primary health care programs, including the Health 
Center Program. Therefore, we are requesting comments on the PIN 
referenced above. After review and consideration of all comments 
received, the PIN may be amended to incorporate certain

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recommendations from the public. Once the PIN is finalized, it will be 
made available on HRSA's Web site, along with the Agency's ``Response 
to Public Comments.'' That document will summarize the major comments 
received and describe the Agency's response, including any 
corresponding changes made to the PIN. Where comments do not result in 
a revision to the PIN, explanations will be provided.

Background

    HRSA administers the Health Center Program, which supports more 
than 3,800 health care delivery sites, including community health 
centers, migrant health centers, health care for the homeless centers, 
and public housing primary care centers. Health centers serve clients 
that are primarily low-income and minorities, and deliver preventive 
and primary care services to patients regardless of their ability to 
pay. Charges for health care services are set according to income.
    FTCA medical malpractice coverage for Health Center Program 
grantees was initially legislated through the Federally Supported 
Health Centers Assistance Act (FSHCAA) of 1992. The FSHCAA of 1995 
clarified the 1992 Act and eliminated its sunset provision, making the 
program permanent. FSCHAA authorizes Health Center Program grantees 
(and their officers, directors, employees, and certain contractors) to 
be deemed as Federal employees for the purpose of medical malpractice 
protection. As Federal employees, these organizations and individuals 
are immune from medical malpractice suits for actions within the scope 
of their project and employment. In the event that a medical 
malpractice lawsuit is filed against a deemed entity or covered 
physician acting within the scope of his/her employment in grant-
related activities, the United States is substituted for the deemed 
entity and the covered employee.
    HRSA recognizes that, during an emergency, FTCA-deemed health 
centers are likely to participate in medical response efforts. HRSA has 
received numerous requests for clarification regarding the scope of 
FTCA coverage during emergencies. The purpose of the FTCA PIN is to 
respond to these requests for clarification and to address frequently 
asked FTCA questions.

FOR FURTHER INFORMATION CONTACT: For questions regarding this notice, 
please contact Shannon Dunne Faltens at 301-594-4060.

    Dated: March 29, 2007.
Elizabeth M. Duke,
Administrator.
[FR Doc. E7-6366 Filed 4-4-07; 8:45 am]
BILLING CODE 4165-15-P