22532 Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations

PART 6—FEDERAL TORT CLAIMS

ACT COVERAGE OF CERTAIN

GRANTEES AND INDIVIDUALS

Sec.

6.1 Applicability.

6.2 Definitions.

6.3 Eligible entities.

6.4 Covered individuals.

6.5 Deeming process for eligible entities.

6.6 Covered acts and omissions.

Authority: Sections 215 and 224 of the

Public Health Service Act, 42 U.S.C. 216 and

233.

§ 6.1 Applicability.

This part applies to entities and

individuals whose acts and omissions

related to the performance of medical,

surgical, dental, or related functions are

covered by the Federal Tort Claims Act

(28 U.S.C. 1346(b) and 2671–2680) in

accordance with the provisions of

section 224(g) of the Public Health

Service Act (42 U.S.C. 233(g)).

§ 6.2 Definitions.

Act means the Public Health Service

Act, as amended.

Attorney General means the Attorney

General of the United States and any

other officer or employee of the

Department of Justice to whom the

authority involved has been delegated.

Covered entity means an entity

described in § 6.3 which has been

deemed by the Secretary, in accordance

with § 6.5, to be covered by this part.

Covered individual means an

individual described in § 6.4.

Effective date as used in § 6.5 and

§ 6.6 refers to the date of the Secretary’s

determination that an entity is a covered

entity.

Secretary means the Secretary of

Health and Human Services (HHS) and

any other officer or employee of the

Department of HHS to whom the

authority involved has been delegated.

Subrecipient means an entity which

receives a grant or a contract from a

covered entity to provide a full range of

health services on behalf of the covered

entity.

§ 6.3 Eligible entities.

(a) Grantees. Entities eligible for

coverage under this part are public and

nonprofit private entities receiving

Federal funds under any of the

following grant programs:

(1) Section 329 of the Act (relating to

grants for migrant health centers);

(2) Section 330 of the Act (relating to

grants for community health centers);

(3) Section 340 of the Act (relating to

grants for health services for the

homeless); and

(4) Section 340A of the Act (relating

to grants for health services for residents

of public housing).

(b) Subrecipients. Entities that are

subrecipients of grant funds described

in paragraph (a) of this section are

eligible for coverage only if they provide

a full range of health care services on

behalf of an eligible grantee and only for

those services carried out under the

grant funded project.

§ 6.4 Covered individuals.

(a) Officers and employees of a

covered entity are eligible for coverage

under this part.

(b) Contractors of a covered entity

who are physicians or other licensed or

certified health care practitioners are

eligible for coverage under this part if

they meet the requirements of section

224(g)(5) of the Act.

(c) An individual physician or other

licensed or certified health care

practitioner who is an officer, employee,

or contractor of a covered entity will not

be covered for acts or omissions

occurring after receipt by the entity

employing such individual of notice of

a final determination by the Attorney

General that he or she is no longer

covered by this part, in accordance with

section 224(i) of the Act.

§ 6.5 Deeming process for eligible entities.

Eligible entities will be covered by

this part only on and after the effective

date of a determination by the Secretary

that they meet the requirements of

section 224(h) of the Act. In making

such determination, the Secretary will

receive such assurances and conduct

such investigations as he or she deems

necessary.

§ 6.6 Covered acts and omissions.

(a) Only acts and omissions occurring

on and after the effective date of the

Secretary’s determination under § 6.5

and before the later date specified in

section 224(g)(3) of the Act are covered

by this part.

(b) Only claims for damage for

personal injury, including death,

resulting from the performance of

medical, surgical, dental, or related

functions are covered by this part.

(c) With respect to covered

individuals, only acts and omissions

within the scope of their employment

(or contract for services) are covered. If

a covered individual is providing

services which are not on behalf of the

covered entity, such as on a volunteer

basis or on behalf of a third-party

(except as described in paragraph (d) of

this section), whether for pay or

otherwise, acts of omissions which are

related to such services are not covered.

(d) Only acts and omissions related to

the grant-supported activity of entities

are covered. Acts and omissions related

to services provided to individuals who

are not patients of a covered entity will

be covered only if the Secretary

determines that:

(1) The provision of the services to

such individuals benefits patients of the

entity and general populations that

could be served by the entity through

community-wide intervention efforts

within the communities served by such

entity;

(2) The provision of the services to

such individuals facilitates the

provision of services to patients of the

entity; or

(3) Such services are otherwise

required to be provided to such

individuals under an employment

contract or similar arrangement between

the entity and the covered individual.

(e) Examples: The following are

examples of situations within the scope

of paragraph (d) of this section:

(1) A community health center

deemed to be a covered entity

establishes a school-based or schoollinked health program as part of its

grant supported activity. Even though

the students treated are not necessarily

registered patients of the center, the

center and its health care practitioners

will be covered for services provided, if

the Secretary makes the determination

in paragraph (d)(1) of this section.

(2) A migrant health center requires

its physicians to obtain staff privileges

at a community hospital. As a condition

of obtaining such privileges, and thus

being able to admit the center’s patients

to the hospital, the physicians must

agree to provide occasional coverage of

the hospital’s emergency room. The

Secretary would be authorized to

determine that this coverage is

necessary to facilitate the provision of

services to the grantee’s patients, and

that it would therefore be covered by

paragraph (d)(2) of this section.

(3) A homeless health services grantee

makes arrangements with local

community providers for after-hours

coverage of its patients. The grantee’s

physicians are required by their

employment contracts to provide

periodic cross-coverage for patients of

these providers, in order to make this

arrangement feasible. The Secretary may

determine that the arrangement is

within the scope of paragraph (d)(3) of

this section.

[FR Doc. 95–11217 Filed 5–5–95; 8:45 am]

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