Federal Tort Claims Act (FTCA)
(This application is illustrative and the actual application may appear differently in the HRSA Electronic Handbooks (EHBs) System)
***Please note: The deeming application of a health center that does not provide sufficient information necessary to demonstrate compliance with the prescribed requirements as described below will not be approved.***
DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration |
FOR HRSA USE ONLY |
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Award Recipient Name |
Application Type |
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CONTACT INFORMATION |
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Application Tracking Number |
Grant Number |
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CONTACT INFORMATION (Please include a preferred title next to the name) All the fields marked with * are required. |
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EXECUTIVE DIRECTOR/CHIEF EXECUTIVE OFFICER (Must electronically sign and certify the FTCA application)
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Public Burden Statement: Health centers (section 330 grant funded and Federally Qualified Health Center look-alikes) deliver comprehensive, high quality, cost-effective primary health care to patients regardless of their ability to pay. Section 224(g)-(n) of the Public Health Service (PHS) Act (42 U.S.C. 233(g)-(n)), as amended, authorizes the “deeming” of entities receiving funds under section 330 of the PHS Act as PHS employees for the purposes of receiving Federal Tort Claims Act (FTCA) coverage. The Health Center Program is administered by HRSA’s Bureau of Primary Health Care (BPHC). Health centers submit deeming applications annually to BPHC in the prescribed form and manner in order to obtain deemed PHS employee status, with the associated FTCA coverage.
These forms provide BPHC with the information essential for application evaluation and a deeming determination for the purposes of FTCA coverage. The application information is also used to determine whether a site visit is appropriate to assess issues relating to the health center’s quality of care and to determine technical assistance needs. The OMB control number for this information collection is 0906-0035 and it is valid through XX/XX/202X. This information collection is mandatory under the Health Center Program authorized by section 330 of the Public Health Service (PHS) Act (42 U.S.C. 254b). Public reporting burden for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to HRSA Reports Clearance Officer, 5600 Fishers Lane, Room 14N136B, Rockville, Maryland, 20857 or [email protected].
CONTACT INFORMATION (Please include a preferred title next to the name) All the fields marked with * are required. |
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GOVERNING BOARD CHAIRPERSON
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MEDICAL DIRECTOR
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RISK MANAGER
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PRIMARY DEEMING CONTACT (Individual responsible for completing the deeming application)
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ALTERNATE DEEMING CONTACT (Individual responsible for assisting with the deeming application)
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CREDENTIALING/PRIVILEGING CONTACT (Individual responsible for managing the credentialing and privileging process)
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CLAIMS MANAGEMENT CONTACT (Individual responsible for the health center’s administrative support to HHS/DOJ, as appropriate, for FTCA claims)
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QUALITY IMPROVEMENT/QUALITY ASSURANCE (QI/QA) CONTACT (Individual responsible for overseeing the QI/QA program)
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DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration |
FOR HRSA USE ONLY |
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Award Recipient Name |
Application Type |
REVIEW OF RISK MANAGEMENT SYSTEMS |
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Application Tracking Number |
Grant Number |
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REVIEW OF RISK MANAGEMENT SYSTEMS Applicants must respond to all questions in this section. Health Center FTCA Program risk management requirements are also described in the Health Center Program Compliance Manual, Chapter 21: Federal Tort Claims Act (FTCA) Deeming Requirements. |
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1(A). I attest that my health center has implemented an ongoing risk management program to reduce the risk of adverse outcomes that could result in medical malpractice or other health or health-related litigation and that this program requires the following:
Yes [ ] No [ ]
If “No”, provide an explanation as to any discrepancies from the information identified above.
[2,000 character comment box] |
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1(B). By checking “Yes,” below, I also acknowledge that failure to implement an ongoing risk management program and provide documentation of such implementation upon request may result in disapproval of this deeming application and/or other administrative remedies.
Yes [ ] |
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2(A). I attest that my health center has implemented risk management procedures to reduce the risk of adverse outcomes that could result in medical malpractice or other health or health-related litigation. At a minimum, these procedures specifically address the following:
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REVIEW OF RISK MANAGEMENT SYSTEMS All questions in this section are required. |
Yes [ ] No [ ]
If “No”, provide an explanation as to any discrepancies from the information identified above.
[2,000 character comment box] |
2(B). I also acknowledge that failure to implement and maintain risk management procedures to reduce the risk of adverse outcomes that could result in medical malpractice or other health or health-related litigation, as further described above, may result in disapproval of this deeming application.
Yes [ ] |
2(C). Upload the risk management procedures that address mitigating risk in tracking of referrals, diagnostics, and hospital admissions ordered by health center providers or initiated by the patient. [Attachment control named ‘Referral Tracking’] [Attachment control named ‘Hospitalization Tracking’] [Attachment control named ‘Diagnostic Tracking’ (must include labs and x-rays)] |
3(A). I attest that my health center has developed and implemented an annual health care risk management training plan for staff members based on identified areas/activities of highest clinical risk for the health center. These training plans include detailed information related to the health center’s tracking/documentation methods to ensure that trainings have been completed by the appropriate staff, including all clinical staff, at least annually. I attest that the training plans at a minimum also incorporate the following:
Please note: Health centers that provide obstetrical services through health center providers need to include obstetrical training as part of their risk management training plans to demonstrate compliance. This includes health centers that provide prenatal and postpartum care through health center providers, even if they do not provide labor and delivery services; |
REVIEW OF RISK MANAGEMENT SYSTEMS All questions in this section are required. |
Yes [ ] No [ ]
If “No”, provide an explanation as to any discrepancies from the information identified above.
[2,000 character comment box] |
3(B). Upload the health center’s current annual risk management training plans for all staff, including all clinical and non-clinical staff, based on identified areas/activities of highest clinical risk for the health center and that include the items outlined in risk management question 3(A).i-iv of this application. The risk management training plans should also document completion of all required training.
All documents must be from the current or previous calendar year. Any documents dated outside of this period will not be accepted.
[Attachment control named ‘Risk Management Training Plan’] |
3(C). Upload all tracking/documentation tools used to ensure trainings have been completed by all staff, at least annually (for example, excel sheets, training reports).
All documents must be from the last 12 months. Any documents dated outside of this period will not be accepted. The documentation tools provided must be completed and demonstrate that health center staff have completed all required trainings. Blank tools and documentation are not sufficient.
[Attachment control named ‘Risk Management Training Plan Tracking and Documentation Tool’] |
4. Upload documentation (for example, data/trends, reports, risk management committee minutes) that demonstrates that the health center has completed quarterly risk management assessments reflective of the last 12 months.
[Attachment control named ‘Risk Management Quarterly Assessments Documentation’] |
5(A). Upload the most recent report provided to the board and key management staff on health care risk management activities and progress in meeting goals at least annually, and documentation provided to the board and key management staff showing that any related follow-up actions have been implemented. The report must be from the current or previous calendar year and must be reflective of the activities related to risk over a 12-month period. Any documents dated outside of this period will not be accepted. The report must include: |
REVIEW OF RISK MANAGEMENT SYSTEMS All questions in this section are required. |
[Attachment control named ‘Annual Risk Management Report to Board and Key Management Staff’] |
5(B). Upload proof that the health center board has received and reviewed the report uploaded for risk management question 5(A) of this application (for example, minutes signed by the board chair/board secretary, minutes and signed letter from board chair/board secretary).
All documents must be from the current or previous calendar year. Any documents dated outside of this period will not be accepted.
[Attachment control named ‘Proof of Board Review of Annual Risk Management Report’] |
6. Upload the relevant Position Description of the risk manager who is responsible for the coordination of health center risk management activities and any other associated risk management activities. Please note: The job description must clearly detail that the risk management activities are a part of the risk manager’s daily responsibilities.
[Attachment control named ‘Risk Management Position Description’] |
7(A). Has the health center risk manager completed health care risk management training in the last 12 months?
[ ] Yes [ ] No
If “No”, provide an explanation.
[2,000 character comment box] |
7(B). Upload evidence that the risk manager has completed health care risk management training in the last 12 months.
[Attachment control named ‘Annual Risk Manager Training’] |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration |
FOR HRSA USE ONLY |
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Award Recipient Name |
Application Type |
QUALITY IMPROVEMENT/QUALITY ASSURANCE PLAN (QI/QA) |
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Application Tracking Number |
Grant Number |
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QUALITY IMPROVEMENT/QUALITY ASSURANCE (QI/QA) Applicants must respond to all questions in this section. Health Center FTCA Program QI/QA requirements are also described in the Health Center Program Compliance Manual, Chapter 10: Quality Improvement/Assurance. |
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1(A). I attest that my health center has board-approved policies (for example, a QI/QA plan) that demonstrate that the health center has an established QI/QA program that, at a minimum, demonstrates that the QI/QA program addresses the following:
If “No”, provide an explanation as to any discrepancies from the information identified above.
[2,000 character comment box] |
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1(B). I attest that my health center has QI/QA program operating procedures or processes that, at a minimum, address the following:
Yes [ ] No [ ]
If “No”, provide an explanation as to any discrepancies from the information identified above.
[2,000 character comment box] |
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2. Upload documentation that the health center has performed QI/QA assessments on a quarterly basis (for example, through QI/QA report(s), QI/QA committee minutes, or QI/QA assessments) reflective of the last 12 months.
All documents must be from the current or previous calendar year. Any documents dated |
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QUALITY IMPROVEMENT/QUALITY ASSURANCE (QI/QA) All questions in this section are required. |
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outside of this period will not be accepted. Such documentation must, at a minimum, demonstrate the following:
[Attachment control named ‘QI/QA Assessments’]
If you are unable to upload documentation that demonstrates the above, provide an explanation:
[2,000 character comment box] |
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3(A). Upload the most recent QI/QA report that has been provided to key management staff and to the governing board. The report must be from the current calendar year or the previous calendar year.
[Attachment control named ‘QI/QA Report’] |
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3(B). Upload governing board minutes or other documentation to demonstrate that the QI/QA report uploaded for question 3(A) was shared with and discussed by key management staff and by the governing board to support decision-making and oversight regarding the provision of health center services. The minutes should include reference to the report uploaded for QI/QA question 3(A) in this application. The minutes must be from the current calendar year or the previous calendar year.
[Attachment control named ‘Governing Board Minutes’] |
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4. Upload the relevant Position Description(s) that describe the responsibilities of the individual(s) who oversee the QI/QA program, including ensuring the implementation of QI/QA operating procedures and completion of QI/QA assessments, monitoring QI/QA outcomes, and updating QI/QA operating procedures. Please note: The job description must clearly detail that the QI/QA activities are a part of the individual’s daily responsibilities.
[Attachment control named ‘QI/QA Position Descriptions’] |
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5. Has the health center implemented a certified Electronic Health Record for all health center patients?
[ ] Yes [ ] No
If No, describe the health center’s systems and procedures for maintaining a retrievable health record for each patient, the format and content of which is consistent with both federal and state law requirements.
[4,000 character comment box] |
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QUALITY IMPROVEMENT/QUALITY ASSURANCE (QI/QA) All questions in this section are required. |
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6(A). I attest that my health center has implemented systems and procedures for protecting the confidentiality of patient information and safeguarding this information against loss, destruction, or unauthorized use, consistent with federal and state requirements.
[ ] Yes [ ] No
If “No”, provide an explanation as to any discrepancies from the information identified above.
[2,000 character comment box] |
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6(B). I also acknowledge and agree that failure to implement and maintain systems and procedures for protecting the confidentiality of patient information and safeguarding this information against loss, destruction, or unauthorized use, consistent with federal and state requirements, may result in disapproval of this deeming application.
[ ] Yes
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7. Indicate whether you currently have an active condition or any other enforcement action on your Health Center Program award related to QI/QA.
[ ] Yes [ ] No
If Yes, indicate the date that the condition was imposed and its source (for example, Operational Site Visit, Service Area Competition application) through which your entity received this condition. Also indicate the specific nature of the condition, including the finding and reason why the condition was imposed. Describe your entity’s plan to remedy the deficiency that led to imposition of the condition and the anticipated timeline by which the plan is expected to be fully implemented.
[2,000 character comment box]
Please note: The presence of certain award conditions and/or enforcement actions related to quality improvement/quality assurance may demonstrate non-compliance with FTCA Program requirements and may result in disapproval of deemed status. |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration |
FOR HRSA USE ONLY |
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Award Recipient Name |
Application Type |
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CREDENTIALING AND PRIVILEGING |
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Application Tracking Number |
Grant Number |
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CREDENTIALING AND PRIVILEGING Applicants must respond to all questions in this section. Health Center FTCA Program credentialing and privileging requirements are also described in the Health Center Program Compliance Manual, Chapter 5: Clinical Staffing. |
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1(A). I attest that my health center has implemented a credentialing process for all clinical staff members (including for licensed independent practitioners and other licensed or certified health care practitioners, and other clinical staff providing services on behalf of the health center who are health center employees, individual contractors, or volunteers). I also attest that my health center has operating procedures for the initial and recurring review of credentials, and responsibility for ensuring verification of all of the following:
If “No”, provide an explanation.
[2,000 character comment box] |
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1(B). I also acknowledge and agree that failure to implement and maintain a credentialing process as further described above may result in disapproval of this deeming application.
[ ] Yes
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2(A). I attest that my health center has implemented privileging procedures for the initial granting and renewal of privileges for clinical staff members (including for licensed independent practitioners and other licensed or certified health care practitioners who are health center employees, individual contractors, and volunteers). I also attest that my health center has privileging procedures that address all of the following:
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CREDENTIALING AND PRIVILEGING All questions in this section are required. |
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[ ] Yes [ ] No
If “No”, provide an explanation as to any discrepancies from the information identified above.
[2,000 character comment box] |
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2(B). I also acknowledge and agree that failure to implement and maintain a privileging process for the initial granting and renewal of privileges for clinical staff members, including operating procedures as further described above, may result in disapproval of this deeming application.
[ ] Yes |
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3. Upload the health center’s credentialing and privileging operating procedures that address all credentialing and privileging components listed in questions 1(A) & 2(A) above. Please note: Procedures that are missing any of the components referenced in the credentialing and privileging section questions 1(A) & 2(A) of this application will be interpreted as the health center not implementing those missing components.
[Attachment control named ‘Credentialing and Privileging Operating Procedures’] |
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4. I attest that my health center maintains files or records for our clinical staff (for example, employees, individual contractors, and volunteers) that contain documentation of licensure, credentialing verification, and applicable privileges, consistent with the health center’s operating procedures.
[ ] Yes [ ] No
If “No”, provide an explanation as to any discrepancies from the information identified above.
[2,000 character comment box] |
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5. I attest that if my health center has contracts with provider organizations (for example, group practices, staffing agencies) or formal, written referral agreements with other provider organizations that provide services within its scope of project, the health center ensures (for example, through provisions in formal, written referral agreements, contracts, other documentation) that such
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CREDENTIALING AND PRIVILEGING All questions in this section are required. |
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Select N/A if the health center does not contract with provider organizations or have any formal, written referral agreements with other provider organizations.
[ ] Yes [ ] No [ ] N/A
If No, provide an explanation as to any discrepancies from the information identified above.
[2,000 character comment box]
Please note: “A contract between a covered entity and a provider's corporation does not confer FTCA coverage on the provider. Services provided strictly pursuant to a contract between a covered entity and any corporation, including eponymous professional corporations (defined as a professional corporation to which one has given one’s name, for example, John Doe, LLC, and consisting of only one health care provider), are not covered under FSHCAA and the FTCA.” This is further described in the FTCA Health Center Policy Manual. |
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6. Indicate whether you currently have an active condition or any other enforcement action on your Health Center Program award related to credentialing or privileging.
[ ] Yes [ ] No
If Yes, indicate the date and source (for example, Operational Site Visit, Service Area Competition application) through which your received this condition or other enforcement action. Also indicate the specific nature of the condition or other enforcement action, including the finding and reason why it was imposed, such as failure to verify licensure, etc. Describe your entity’s plan to remedy the deficiency that led to imposition of the condition or enforcement action and the anticipated timeline by which the plan is expected to be fully implemented.
[2,000 character comment box]
Please note: The presence of certain award conditions and/or enforcement actions related to credentialing and privileging may demonstrate noncompliance with FTCA Program requirements and may result in disapproval of deemed status. |
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DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration |
FOR HRSA USE ONLY |
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Award Recipient Name |
Application Type |
CLAIMS MANAGEMENT |
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Application Tracking Number |
Grant Number |
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CLAIMS MANAGEMENT Applicants must respond to all questions with an * in this section. Health Center FTCA Program claims management requirements are also described in the Health Center Program Compliance Manual, Chapter 21: Federal Tort Claims Act (FTCA) Deeming Requirements. |
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Please note: If a claim or lawsuit involving covered activities is presented to the covered entity/individual or filed in court, it is essential that the covered entity preserve all potentially relevant documents. Once a covered entity or covered individual reasonably anticipates litigation—and it is reasonable to anticipate litigation once a claim or lawsuit is filed, whether administratively or in state or federal district court—the entity or individual must suspend any routine destruction and hold any documents relating to the claimant or plaintiff so as to ensure their preservation for purposes of claim disposition or litigation. |
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1(A). *I attest that my health center has a claims management process for addressing any potential or actual health or health-related claims, including medical malpractice claims, which may be eligible for FTCA coverage. My health center’s claims management process includes information related to how my health center ensures the following:
Yes [ ] No [ ]
If “No”, provide an explanation as to any discrepancies from the information identified above.
[2,000 character comment box] |
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1(B). *I also acknowledge and agree that failure to implement and maintain a claims management process as described above may result in disapproval of this deeming application.
Yes [ ] |
CLAIMS MANAGEMENT All questions with an * in this section are required. |
1(C). *Upload documentation of the health center’s claims management process (for example, claims management procedures) for addressing any potential or actual health or health-related claims, including medical malpractice claims, that may be eligible for FTCA coverage. Please note: This process must include the items outlined in Claims Management question 1(A) of this application.
[Attachment control named ‘Claims Management Procedures’] (If answer to 1(A) is Yes, attachment required; if answer to 1(A) is No, no attachment is required.) |
2(A). *Has the health center had any history of claims under the FTCA? (Health centers should provide any medical malpractice claims or allegations that have been presented during the past 5 years.)
Yes [ ] No [ ] If Yes, provide a list of the claims. For each claim, include:
[Attachment control named ‘History of Claims’] |
2(B). *I agree that the health center will cooperate with all applicable Federal government representatives in the defense of any FTCA claims.
Yes [ ] No [ ]
If “No”, provide an explanation.
[2,000 character comment box] |
CLAIMS MANAGEMENT All questions with an * in this section are required. |
3(A). *I attest that my health center informs patients using plain language that it is a deemed Federal PHS employee via its website, promotional materials, and/or within an area(s) of the health center that is visible to patients. For example: “This health center receives HHS funding and has Federal PHS deemed status with respect to certain health or health-related claims, including medical malpractice claims, for itself and its covered individuals.”
[ ] Yes [ ] No
If No, provide an explanation as to any discrepancies from the information identified above.
[2,000 character comment box] |
3(B). Include a screenshot to the exact location where this information is posted on your health center website, or attach the relevant promotional material or pictures.
[Attachment control named ‘Screenshot’]
[Attachment control named ‘FTCA Promotional Materials’]
(If answer to 3(A) is Yes, either Screenshot control or FTCA Promotional Materials required; if answer to 3(A) is No, no free response control or attachment is required.) |
3(C). *Upload the relevant Position Description(s) that describe the health center’s designated individual(s) who is responsible for the management and processing of claims-related activities and serves as the claims point of contact. The job description must clearly detail that the claims management activities are a part of the individual’s daily responsibilities.
[Attachment control named ‘Claims Management Position Descriptions’] |
DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration |
FOR HRSA USE ONLY |
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Award Recipient Name |
Application Type |
ADDITIONAL INFORMATION |
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Application Tracking Number |
Grant Number |
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CERTIFICATION AND SIGNATURES Completion of this section by a typed name will constitute signature on this application. This field is required. |
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I [ ] declare under the penalty of perjury that all statements contained in this application and any accompanying documents are true and correct, with full knowledge that all statements made in this application are subject to investigation and that any material false statement or omission in response to any question may result in denial or subsequent revocation of coverage.
I understand that by printing my name I am signing this application.
Please note – this must be signed by the Executive Director, as indicated in the Contact Information Section of the FTCA application. If not signed by the Executive Director, the application will be returned to the health center. |
File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
File Title | Calendar Year 2020 Requirements for Federal Tort Claims Act (FTCA) Coverage for Health Centers and Their Covered Individuals |
Subject | Federal Tort Claims Act (FTCA) |
Author | HRSA |
File Modified | 0000-00-00 |
File Created | 2021-04-07 |