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Federal Tort Claims Act (FTCA) Administrative Claims Process

1. 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. 92675.

Administrave and Judicial FTCA Claims Process

Tort claim presented to appropriate Federal agency within 2 years after claim arises (28 U.S.C. $240!(b))

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No duplication of insurance coverage:

U.S. pays

Duptication of coverage and insurance company refuses
to pay: U.S. pays and files suit for Indemnification and/

or subrogation

Duplicative coverage and Insurance

company accepts its payment responsibility: company pays up to

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Attachment 10

The Experience of Community and Migrant Health Centers

under the Federal Tort Claims Act (FTCA)

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
The George Washington University for Health Policy Research

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