2002-23
DATE: July 10, 2002 DOCUMENT TITLE: New Requirements for Deeming
under the Federally Supported Health Centers Assistance Act
TO: All Bureau of Primary Health Care Supported Programs
I. PURPOSE
This Policy Information Notice (PIN) supplements existing guidance of the Bureau of Primary Health
Care (BPHC) regarding malpractice liability protection of the Federal Tort Claims Act (FTCA) for
section 330 grantees (Health Centers) deemed under the Federally Supported Health Centers
Assistance Act (FSHCAA) of 1992 and the FSHCAA of 1995. It changes the requirements for
deeming.
II. INTRODUCTION
The FTCA coverage for eligible BPHC grantees was initially established through the FSHCAA of 1992
(Public Law 102-501) by amending section 224 of the Public Health Service Act. The eligible entities
("Health Centers") are Migrant Health Centers, Community Health Centers, Health Care for the
Homeless grantees, and Health Services for Public Housing Residents grantees. The FSHCAA of
1995, signed into law by the President on December 26, 1995, clarified the 1992 Act and eliminated its
sunset provision, making the program permanent.
Policy Information Notice 99-08 requires that deemed health centers re-apply to be “deemed” with
every project period application. The length of project periods vary and in most cases are longer than 1
year. Thus, periods of deeming have varied from health center to health center. In order to bring
consistency in the way all health centers are treated and improve the risk management of this program,
this PIN changes the frequency with which health centers must apply for deeming.
BPHC Policy Information Notice 2002-23
III. DEEMING FREQUENCY
Effective October 1, 2002, all deemed health centers must reapply for malpractice protection under the
FSHCAA each year. The application to be used will be part of the fiscal year 2003 (and subsequent
years) Single Grant Application. All deemed grantees must complete the deeming portion of their Single
Grant Application each year, beginning with budget periods on or after October 1, 2002, to continue
receiving the medical malpractice protection provided by the FSHCAA.
If you have any questions, please contact CAPT Martin Bree, Director, Center for Risk Management at
215-861-4373 or mbree@hrsa.gov.
William D. Hobson
Acting Director, Bureau of Primary Health Care