U.S. Department of Health and Human Services
Indian Health Service: The Federal Health Program for American Indians and Alaska Natives
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RISK MANAGEMENT

Federal Tort Claims Act - Key Regulations

Related to the Federal Tort Claims Act

The regulations listed below are the pertinent rules related to the Federal Tort Claims Act in Indian Country. The regulations are understandable to the layperson (for the most part) and are current as of April 1, 2009. They are part of Title 25, Chapter 5, of the Code of Federal Regulations.

REGULATION TOPIC PDF FILE
900.180 Exit Disclaimer: You Are Leaving www.ihs.gov What does this subpart cover? PDF
900.181 Exit Disclaimer: You Are Leaving www.ihs.gov What definitions apply to this subpart? PDF
900.182 Exit Disclaimer: You Are Leaving www.ihs.gov What other statutes and regulations apply to FTCA coverage? PDF
900.183 Exit Disclaimer: You Are Leaving www.ihs.gov Do Indian tribes and tribal organizations need to be aware of areas which FTCA does not cover? PDF
900.184 Exit Disclaimer: You Are Leaving www.ihs.gov Is there a deadline for filing FTCA claims? PDF
900.185 Exit Disclaimer: You Are Leaving www.ihs.gov How long does the Federal government have to process an FTCA claim after the claim is received by the Federal agency, before a lawsuit may be filed? PDF
900.186 Exit Disclaimer: You Are Leaving www.ihs.gov Is it necessary for a self-determination contract to include any clauses about Federal Tort Claims Act coverage? PDF
900.187 Exit Disclaimer: You Are Leaving www.ihs.gov Does FTCA apply to a self-determination contract if FTCA is not referenced in the contract? PDF
900.188 Exit Disclaimer: You Are Leaving www.ihs.gov To what extent shall the contractor cooperate with the Federal government in connection with tort claims arising out of the contractor's performance? PDF
900.189 Exit Disclaimer: You Are Leaving www.ihs.gov Does this coverage extend to subcontractors of self-determination contracts? PDF
900.190 Exit Disclaimer: You Are Leaving www.ihs.gov Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the performance of a self-determination contract? PDF
900.191 Exit Disclaimer: You Are Leaving www.ihs.gov Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA? PDF
900.192 Exit Disclaimer: You Are Leaving www.ihs.gov What employees are covered by FTCA for medical-related claims? PDF
900.193 Exit Disclaimer: You Are Leaving www.ihs.gov 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? PDF
900.194 Exit Disclaimer: You Are Leaving www.ihs.gov 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? PDF
900.195 Exit Disclaimer: You Are Leaving www.ihs.gov 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? PDF
900.196 Exit Disclaimer: You Are Leaving www.ihs.gov Do covered services include the conduct of clinical studies and investigations and the provision of emergency services, including the operation of emergency motor vehicles? PDF
900.197 Exit Disclaimer: You Are Leaving www.ihs.gov Does FTCA cover employees of the contractor who are paid by the contractor from funds other than those provided through the self-determination contract? PDF
900.198 Exit Disclaimer: You Are Leaving www.ihs.gov 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? PDF
900.199 Exit Disclaimer: You Are Leaving www.ihs.gov 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? PDF
900.200 Exit Disclaimer: You Are Leaving www.ihs.gov May persons who are not Indians or Alaska Natives assert claims under FTCA? PDF
900.201 Exit Disclaimer: You Are Leaving www.ihs.gov How should claims arising out of the performance of medical-related functions be filed? PDF
900.202 Exit Disclaimer: You Are Leaving www.ihs.gov What should a self-determination contractor or a contractor's employee do on receiving such a claim? PDF
900.203 Exit Disclaimer: You Are Leaving www.ihs.gov If the contractor or contractor's employee receives a summons and/or a complaint alleging a tort covered by FTCA, what should the contractor do? PDF
900.204 Exit Disclaimer: You Are Leaving www.ihs.gov Is FTCA the exclusive remedy for a non-medical related tort claim arising out of the performance of a self-determination contract? PDF
900.205 Exit Disclaimer: You Are Leaving www.ihs.gov To what non-medical-related claims against self-determination contractors does FTCA apply? PDF
900.206 Exit Disclaimer: You Are Leaving www.ihs.gov What employees are covered by FTCA for non-medical-related claims? PDF
900.207 Exit Disclaimer: You Are Leaving www.ihs.gov How are non-medical related tort claims and lawsuits filed for IHS? PDF
900.208 Exit Disclaimer: You Are Leaving www.ihs.gov How are non-medical related tort claims and lawsuits filed for DOI? PDF
900.209 Exit Disclaimer: You Are Leaving www.ihs.gov What should a self-determination contractor or contractor's employee do on receiving a non-medical related tort claim? PDF
900.210 Exit Disclaimer: You Are Leaving www.ihs.gov If the contractor or contractor's employee receives a summons and/or complaint alleging a non-medical related tort covered by FTCA, what should an Indian tribe or tribal organization do? PDF

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