[Federal Register Volume 85, Number 213 (Tuesday, November 3, 2020)]
[Notices]
[Pages 69628-69629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24337]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Agency Information Collection Activities: Submission to OMB for 
Review and Approval; Public Comment Request; Information Collection 
Request Title: Federal Tort Claims Act (FTCA) Program Deeming 
Sponsorship Application for Free Clinics, OMB No. 0915-0293--Revision

AGENCY: Health Resources and Services Administration (HRSA), Department 
of Health and Human Services.

ACTION: Notice.

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SUMMARY: In compliance with of the Paperwork Reduction Act of 1995, 
HRSA has submitted an Information Collection Request (ICR) to the 
Office of Management and Budget (OMB) for review and approval. Comments 
submitted during the first public review of this ICR will be provided 
to OMB. OMB will accept further comments from the public during the 
review and approval period. OMB may act on HRSA's ICR only after the 30 
day comment period for this notice has closed.

DATES: Comments on this ICR must be received no later than December 3, 
2020.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under Review--Open for 
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: To request a copy of the clearance 
requests submitted to OMB for review, email Lisa Wright-Solomon, the 
HRSA Information Collection Clearance Officer at [email protected] or 
call (301) 443-1984.

SUPPLEMENTARY INFORMATION: When submitting comments or requesting 
information, please include the information request collection title 
for reference.
    Information Collection Request Title: Federal Tort Claims Act 
Program Deeming Sponsorship Application for Free Clinics, OMB No. 0915-
0293--Revision
    Abstract: Section 224(o) of the Public Health Service (PHS) Act (42 
U.S.C. 233(o)), as amended, authorizes the ``deeming'' of certain 
individuals as PHS employees for the purposes of receiving liability 
protections, including Federal Tort Claims Act (FTCA) coverage, for the 
performance of medical, surgical, dental or related functions within 
the scope of deemed employment. Section 224(o) extends eligibility for 
deemed PHS employee status to free clinic health professionals 
including employees, officers, board members, contractors, and 
volunteers at qualifying free clinics.
    The Free Clinics FTCA Program is administered by HRSA's Bureau of 
Primary Health Care. Sponsoring free

[[Page 69629]]

clinics seeking FTCA coverage for their employees, officers, board 
members, contractors, and volunteers must submit deeming applications 
in the specified form and manner on behalf of named individuals for 
review and approval, resulting in a ``deeming determination'' that 
includes associated FTCA coverage for these individuals.
    HRSA is proposing several changes to the FTCA Program Deeming 
Applications for Free Clinics, to be used for Free Clinic deeming 
sponsorship applications for Calendar Year 2021 and thereafter, to 
improve question clarity and clarify required documentation. 
Specifically, the Application includes the following proposed changes:
     Updated application language: Specifically, throughout the 
application, alternate terminology was utilized to provide greater 
clarity and specificity. These changes were based on stakeholder 
feedback and information received from the HRSA Health Center Program 
Support. These changes are not substantive in nature.
     Added Service Type and clarifications regarding 
professional designation: Specifically, section VI of the application 
was updated to include service type which will allow HRSA to verify 
whether an individual is performing clinical or non-clinical services. 
In addition to the inclusion of service type, a note was added to 
request that free clinics include the professional designation for each 
individual.
     Deleted remark in section IX: It has been determined that 
the information requested in this section, which related to offsite 
events and particularized determinations is no longer necessary to 
evaluate eligibility for deeming.
    The FTCA Program has a web based application system, the Electronic 
Handbooks. These electronic application forms decrease the time and 
effort required to complete the older, paper-based OMB approved FTCA 
application forms. The application includes: Contact Information, Site 
Information, Information on the Sponsoring Free Clinic Eligibility, 
Information on the Credentialing and Privileging Systems, Information 
on the Risk Management Systems, Information on the Free Clinic 
Volunteer Health Care Professionals, Board Members, Officers, 
Employees, and Individual Contractors and Patient Visit Data.
    A 60-day notice was published in the Federal Register on August 6, 
2020, vol. 85, No. 152; pp. 47803-04. HRSA received one public comment 
regarding FTCA coverage of Urban Indian Organizations, which is outside 
of the scope of this ICR.
    Need and Proposed Use of the Information: Deeming applications must 
address certain criteria required by law in order for the Secretary to 
deem an individual sponsored by a qualifying free clinic as a PHS 
employee for purposes of liability protections, including FTCA 
coverage. This determination cannot be made without the collection of 
this information. Specifically, the deeming sponsorship application 
form seeks information verifying that the free clinic meets the 
criteria to sponsor a deeming application and that the individual being 
sponsored is eligible to be deemed as a PHS employee. The FTCA 
application form for free clinics has been updated to improve clarity 
and thereby improve applicants' and deemed individuals' compliance with 
applicable requirements.
    Likely Respondents: Respondents include free clinics seeking deemed 
PHS employee status on behalf of their sponsored individuals for 
purposes of liability protections including FTCA coverage.
    Burden Statement: Burden in this context means the time expended by 
persons to generate, maintain, retain, disclose or provide the 
information requested. This includes the time needed to review 
instructions; to develop, acquire, install, and utilize technology and 
systems for the purpose of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing and 
providing information; to train personnel and to be able to respond to 
a collection of information; to search data sources; to complete and 
review the collection of information; and to transmit or otherwise 
disclose the information. The total annual burden hours estimated for 
this ICR are summarized in the table below.

                                    Total Estimated Annualized Burden--Hours
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                                                     Number of                    Average burden
            Form name                Number of     responses per       Total       per response    Total burden
                                    respondents     respondent       responses      (in hours)         hours
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FTCA Program Deeming Application             374               3           1,122               2           2,244
 for Free Clinics...............
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    Total.......................             374  ..............           1,122  ..............           2,244
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    HRSA specifically requests comments on (1) the necessity and 
utility of the proposed information collection for the proper 
performance of the agency's functions, (2) the accuracy of the 
estimated burden, (3) ways to enhance the quality, utility, and clarity 
of the information to be collected, and (4) the use of automated 
collection techniques or other forms of information technology to 
minimize the information collection burden.

Maria G. Button,
Director, Division of the Executive Secretariat.
[FR Doc. 2020-24337 Filed 11-2-20; 8:45 am]
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