Notice for FTCA Deemed Community Health Centers

Please note: This notice is only for FTCA deemed health centers:

Recently, despite the many ways in which the federal status of Section 330 Health Center Program grantees is advertised or otherwise made known to the public, concerns have been raised that health centers can do more to make known their related federal status. Accordingly, HRSA encourages FTCA deemed Section 330 health centers to add the following information to your health centers’ and subrecipients’ website homepage and in other appropriate locations:

  • This health center is a Health Center Program grantee under 42 U.S.C. 254b, and a deemed Public Health Service employee under 42 U.S.C. 233(g)-(n).

In addition, if the health center is asked who your insurance carrier is for purposes of filing medical malpractice claims, you should respond — in writing whenever possible — by stating that they and many/all of their providers are deemed federal employees, with resultant coverage under the Federal Tort Claims Act (FTCA) for actions within the scope of deemed employment, pursuant to 42 U.S.C. 233(g)-(n). Accordingly, claims or notice of medical malpractice claims should be submitted by a claimant to the Office of General Counsel at the address below. Further, the health center should retain a copy of this correspondence in their office files, rather than in patient medical records.

U.S. Department of Health and Human Services
Office of the General Counsel
General Law Division
330 Independence Ave., S.W.
Room 4760 Mail Stop: Capitol Place
Washington, DC 20201

James Macrae
Associate Administrator for Primary Care
Health Resources and Services Administration

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