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FTCA

Medical Malpractice Coverage For FQHCs – The FTCA

Since its enactment in 1946, the Federal Tort Claims Act (FTCA) has been the legal mechanism for compensating people who have suffered personal injury by the negligent or wrongful action of employees of the U.S. Government.   Under Section 224 of the Public Health Service Act, as amended by the Federally Supported Health Centers Assistance Act of 1992 and 1995, employees of eligible health centers may be deemed to be federal employees qualified for protection under the FTCA.

There is no cost to participating health centers or their providers, and they are not liable for any settlements or judgments that are made. The Federal Government assumes responsibility for these costs. The health center, their employees, and eligible contractors are considered federal employees immune from suit for medical malpractice claims while acting within the scope of their employment.