Federal Tort Claims Act (FTCA) Coverage for Urban Indian Organizations (UIOs)
The FTCA is the federal law that allows parties claiming to have been injured by certain tortious actions of federal employees and other persons as authorized by Congress acting within the scope of their federal duties to present claims for property damage, personal injury, and/or wrongful death to the federal agency or agencies involved in the incident. The FTCA also provides authority for the federal government to defend against such claims. On January 5, 2021, Congress amended 25 U.S.C. § 5321(d) to extend the FTCA coverage to UIOs and their employees to the same extent and in the same manner as to Indian Self-Determine and Education Assistant Act contractors and compactors.
- The FTCA Coverage for UIOs - Questions and Answers (FAQs) was developed as guidance, it is important to keep in mind the Department of Health and Human Services (HHS) does not determine the scope of coverage under the FTCA. Whether the FTCA applies in any particular case is decided on an individual case-by-case basis by the United States Department of Justice (DOJ) and subsequently by the Federal Courts. These FAQs will be updated, as needed.
FTCA for UIOs - Questions and Answers [PDF - 155 KB] – updated April 4, 2023
- Federal Malpractice Tort Claims and UIOs – Slide Deck Training, by Dr. Paul R. Fowler, DO, JD, FAOCOPM, FCLM, FAAFP, August 16, 2022.
- The Administrative Claims Process Under the FTCA – Slide Deck Training, by James C. Anagnos, Assistant Deputy Associate General Counsel, OGC General Law Division, Claims & Employment Law Branch, August 16, 2022.
- UIO FTCA Training Virtual Recording – Presenters: Dr. Paul R. Fowler and James C. Anagnos, August 16, 2022.