Federal Tort Claims Act (FTCA) Administrative Claims Process A tort claim against the United States must be presented in writing to the appropriate Federal agency within two (2) years after the claim arises or it is time barred (i.e., it can never be filed). 28 U.S.C. §2401(b). 2. The Federal agency has six (6) months within which to make a decision on the claim. Unless the claimant receives a final denial, the claimant cannot file suit in Federal court during the six-month period. 28 U.S.C. §2675. 3. If a final denial is received, claimant must file suit within six (6) months from the certified or registered mail date of the denial letter. 28 U.S.C. §2401(b). Claimant also has the option to request reconsideration of the final denial, provided the request for reconsideration is presented to the Federal agency within six (6) months of the date of the mailing of the final denial. 28 C.F.R. Part 14. Upon timely filing of a request for reconsideration, the Federal agency shall have six (6) months in which to reconsider and make a final determination on the claim; claimant may not file suit during the six-month period.. 4. If the Federal agency does not deny the claim in writing and the claim has been pending for more than six (6) months, the claimant may consider the claim to be denied and file suit in Federal district court. 28 U.S.C. §2675. Administrative and Judicial FTCA Claims Process Tort claim presented to appropriate Federal agency within 2 years after claim arises (28 U.S.C. §2401(b)) U.S.pays Duplication of coverage and insurance company refuses Duplicative coverage and insurance company accepts its payment responsibility: company pays up to Attachment 10 The Experience of Community and Migrant Health Centers The experience of community and migrant health centers is similar to the experience of tribes and tribal organizations under the FTCA. Federally-supported community and migrant health centers and their clinical personnel have been covered under the FTCA for malpractice claims filed against them since January 1, 1993. In extending FTCA coverage to the health centers, the Congress intended to allow the centers to continue meeting the pressing health care needs of their patients and communities while significantly reducing the centers' need for, and the costs of, privately-purchased malpractice coverage. However, coverage was extended for an initial period of only three years, and its scope excluded some important health center activities and personnel, making it necessary for most covered health centers to continue purchasing at least some level of private malpractice insurance, while some were forced to severely restrict or eliminate vital services. Some of these problems and coverage gaps were addressed in later legislation amending and extending this FTCA coverage. Background and History The federal community and migrant health center programs were established more than 30 years ago to provide grant support to local public and private nonprofit organizations for the development and operation of service delivery sites that furnish health care services to residents of medically underserved communities. In 1995, some 722 federally-supported health center organizations operated more than 2200 local health center service sites providing health care to Center for Health Policy Research |