Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 25 - Indians |
Chapter V - Bureau of Indian Affairs, Department of the Interior, and Indian Health Service, Department of Health and Human Services |
Part 900 - Contracts Under the Indian Self-Determination and Education Assistance Act |
Subpart M - Federal Tort Claims Act Coverage General Provisions |
Medical-Related Claims |
§ 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?
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§ 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?
Yes. Those services are covered, as long as the contractor's health care practitioners do not receive additional compensation from a third party for the performance of these services and they are acting within the scope of their employment under a self-determination contract. Reciprocal services include:
(a) Cross-covering other medical personnel who temporarily cannot attend their patients;
(b) Assisting other personnel with surgeries or other medical procedures;
(c) Assisting with unstable patients or at deliveries; or
(d) Assisting in any patient care situation where additional assistance by health care personnel is needed.