regulation

Bureau of Indian Affairs, Interior, IHS, HHS
§ 900.196 Do covered services include
the conduct of clinical studies and
investigations and the provision of
emergency services, including the
operation of emergency motor vehicles?
Yes, if the services are provided in
carrying out a self-determination contract. (An emergency motor vehicle is
a vehicle, whether government, contractor, or employee-owned, used to
transport passengers for medical services.)
§ 900.197 Does FTCA cover employees
of the contractor who are paid by
the contractor from funds other
than those provided through the
self-determination contract?
Yes, as long as the services out of
which the claim arose were performed
in carrying out the self-determination
contract.
§ 900.198 Are Federal employees assigned to a self-determination contractor under the Intergovernmental Personnel Act or detailed
under section 214 of the Public
Health Service Act covered to the
same extent that they would be if
working directly for a Federal
agency?
Yes.
§ 900.199 Does FTCA coverage extend
to health care practitioners to
whom staff privileges have been extended in contractor health care facilities operated under a self-determination contract on the condition
that such practitioner provide
health services to IHS beneficiaries
covered by FTCA?
Yes, health care practitioners with
staff privileges in a facility operated
by a contractor are covered when they
perform services to IHS beneficiaries.
Such personnel are not covered when
providing services to non-IHS beneficiaries.
§ 900.200 May persons who are not Indians or Alaska Natives assert
claims under FTCA?
Yes. Non-Indian individuals served
under the contract whether or not on a
fee-for-service basis, may assert claims
under this subpart.

§ 900.203
PROCEDURE FOR FILING MEDICALRELATED CLAIMS
§ 900.201 How should claims arising
out of the performance of medicalrelated functions be filed?
Claims should be filed on Standard
Form 95 (Claim for Damage, Injury or
Death) or by submitting comparable
written information (including a definite amount of monetary damage
claimed) with the Chief, PHS Claims
Branch, Room 18–20, Parklawn Building, 5600 Fishers Lane, Rockville, MD
20857, or at such other address as shall
have been provided to the contractor in
writing.
§ 900.202 What should a self-determination contractor or a contractor’s employee do on receiving such
a claim?
They should immediately forward the
claim to the PHS Claims Branch at the
address indicated in § 900.201 and notify
the contractor’s tort claims liaison.
§ 900.203 If the contractor or contractor’s employee receives a summons
and/or a complaint alleging a tort
covered by FTCA, what should the
contractor do?
As part of the notification required
by 28 U.S.C. 2679(c), the contractor
should immediately inform the Chief,
Litigation Branch, Business and Administrative Law Division, Office of
General Counsel, Department of Health
and Human Services, 330 Independence
Avenue SW., Room 5362, Washington,
DC 20201, and the contractor’s tort
claims liaison, and forward the following materials:
(a) Four copies of the claimant’s
medical records of treatment, inpatient and outpatient, and any related
correspondence, as well as reports of
consultants;
(b) A narrative summary of the care
and treatment involved;
(c) The names and addresses of all
personnel who were involved in the
care and treatment of the claimant;
(d) Any comments or opinions that
the employees who treated the claimant believe to be pertinent to the allegations contained in the claim; and
(e) Other materials identified in
§ 900.188(c).

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§ 900.204

25 CFR Ch. V (4–1–06 Edition)

NON-MEDICAL RELATED CLAIMS
§ 900.204 Is FTCA the exclusive remedy for a non-medical related tort
claim arising out of the performance of a self-determination contract?
Yes.
Except
as
explained
in
§ 900.183(b), no claim may be filed
against a self-determination contractor or employee based upon performance of non-medical-related functions under a self-determination contract. Claims of this type must be filed
against the United States under FTCA.
§ 900.205 To what non-medical-related
claims against self-determination
contractors does FTCA apply?
It applies to:
(a) All tort claims arising from the
performance of self-determination contracts under the authority of the Act
on or after October 1, 1989; and
(b) Any tort claims first filed on or
after October 24, 1989, regardless of
when the incident which is the basis of
the claim occurred.
§ 900.206 What employees are covered
by FTCA for non-medical-related
claims?
(a) Permanent employees;
(b) Temporary employees;
(c) Persons providing services without compensation in carrying out a
contract;
(d) Persons required because of their
employment by a self-determination
contractor to serve non-IHS beneficiaries (even if the services are provided in facilities not owned by the
contractor); and
(e) Federal employees assigned to the
contract.
§ 900.207 How are non-medical related
tort claims and lawsuits filed for
IHS?
Non-medical-related tort claims and
lawsuits arising out of the performance
of self-determination contracts with
the Indian Health Service should be
filed in the manner described in
§ 900.201 (for both § 900.207 and § 900.208).

§ 900.208 How are non-medical related
tort claims and lawsuits filed for
DOI?
Non-medical-related claims arising
out of the performance of self-determination contracts with the Secretary
of the Interior should be filed in the
manner described in § 900.201 with the
Assistant Solicitor, Procurement and
Patents, Office of the Solicitor, Department of the Interior, Room 6511,
1849 C Street NW., Washington, DC
20240.
§ 900.209 What should a self-determination contractor or contractor’s
employee do on receiving a nonmedical related tort claim?
(a) If the contract is with DHHS,
they should immediately forward the
claim to the PHS Claims Branch at the
address indicated in § 900.201 and notify
the contractor’s tort claims liaison.
(b) If the contract is with DOI, they
should immediately notify the Assistant Solicitor, Procurement and Patents, Office of the Solicitor, Department of the Interior, Room 6511, 1849 C
Street N.W., Washington, DC 20240.
§ 900.210 If the contractor or contractor’s employee receives a summons
and/or complaint alleging a nonmedical related tort covered by
FTCA, what should an Indian tribe
or tribal organization do?
(a) If the contract is with the DHHS,
they should immediately inform the
Chief, Litigation Branch, Business and
Administrative Law Division, Office of
General Counsel, Department of Health
and Human Services, 330 Independence
Avenue S.W., Room 5362, Washington,
DC 20201 and the contractor’s tort
claims liaison.
(b) If the contract is with the Department of the Interior, they should immediately notify the Assistant Solicitor, Procurement and Patents, Office
of the Solicitor, Department of the Interior, Room 6511, 1849 C Street N.W.,
Washington, DC 20240, and the contractor’s tort claims liaison.

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