Medical-Related Claims

  1. Law
  2. CFR 25
  3. Indians
  4. Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services
  5. Contracts Under the Indian Self-Determination and Education Assistance Act
  6. Federal Tort Claims Act Coverage General Provisions
  7. Medical-Related Claims

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Section
900.190

Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the performance of a self-determination contract?

Section
900.191

Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA?

Section
900.192

What employees are covered by FTCA for medical-related claims?

Section
900.193

Does FTCA coverage extend to individuals who provide health care services under a personal services contract providing services in a facility that is owned, operated, or constructed under the jurisdiction of the IHS?

Section
900.194

Does FTCA coverage extend to services provided under a staff privileges agreement with a non-IHS facility where the agreement requires a health care practitioner to provide reciprocal services to the general population?

Section
900.195

Does FTCA coverage extend to the contractor's health care practitioners providing services to private patients on a fee-for-services basis when such personnel (not the self-determination contractor) receive the fee?

Section
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?

Section
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?

Section
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?

Section
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?

Section
900.200

May persons who are not Indians or Alaska Natives assert claims under FTCA?