Title 25

PART 900 SUBPART M

Subpart M - Federal Tort Claims Act Coverage General Provisions

• 25 U.S.C. 450f et seq.
• 61 FR 32501, June 24, 1996, unless otherwise noted.

25:2.0.4.10.1.13.33	SUBJGRP 33	Medical-Related Claims
25:2.0.4.10.1.13.33.1	SECTION 900.180	900.180 What does this subpart cover
25:2.0.4.10.1.13.33.2	SECTION 900.181	900.181 What definitions apply to this subpart
25:2.0.4.10.1.13.33.3	SECTION 900.182	900.182 What other statutes and regulations apply to FTCA coverage
25:2.0.4.10.1.13.33.4	SECTION 900.183	900.183 Do Indian tribes and tribal organizations need to be aware of areas which FTCA does not cover
25:2.0.4.10.1.13.33.5	SECTION 900.184	900.184 Is there a deadline for filing FTCA claims
25:2.0.4.10.1.13.33.6	SECTION 900.185	900.185 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
25:2.0.4.10.1.13.33.7	SECTION 900.186	900.186 Is it necessary for a self-determination contract to include any clauses about Federal Tort Claims Act coverage
25:2.0.4.10.1.13.33.8	SECTION 900.187	900.187 Does FTCA apply to a self-determination contract if FTCA is not referenced in the contract
25:2.0.4.10.1.13.33.9	SECTION 900.188	900.188 To what extent shall the contractor cooperate with the Federal government in connection with tort claims arising out of the contractor's performance
25:2.0.4.10.1.13.33.10	SECTION 900.189	900.189 Does this coverage extend to subcontractors of self-determination contracts
25:2.0.4.10.1.13.33.11	SECTION 900.190	900.190 Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the performance of a self-determination contract
25:2.0.4.10.1.13.33.12	SECTION 900.191	900.191 Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA
25:2.0.4.10.1.13.33.13	SECTION 900.192	900.192 What employees are covered by FTCA for medical-related claims
25:2.0.4.10.1.13.33.14	SECTION 900.193	900.193 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
25:2.0.4.10.1.13.33.15	SECTION 900.194	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
25:2.0.4.10.1.13.33.16	SECTION 900.195	900.195 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
25:2.0.4.10.1.13.33.17	SECTION 900.196	900.196 Do covered services include the conduct of clinical studies and investigations and the provision of emergency services, including the operation of emergency motor vehicles
25:2.0.4.10.1.13.33.18	SECTION 900.197	900.197 Does FTCA cover employees of the contractor who are paid by the contractor from funds other than those provided through the self-determination contract
25:2.0.4.10.1.13.33.19	SECTION 900.198	900.198 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
25:2.0.4.10.1.13.33.20	SECTION 900.199	900.199 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
25:2.0.4.10.1.13.33.21	SECTION 900.200	900.200 May persons who are not Indians or Alaska Natives assert claims under FTCA
25:2.0.4.10.1.13.34	SUBJGRP 34	Procedure for Filing Medical-Related Claims
25:2.0.4.10.1.13.34.22	SECTION 900.201	900.201 How should claims arising out of the performance of medical-related functions be filed
25:2.0.4.10.1.13.34.23	SECTION 900.202	900.202 What should a self-determination contractor or a contractor's employee do on receiving such a claim
25:2.0.4.10.1.13.34.24	SECTION 900.203	900.203 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
25:2.0.4.10.1.13.35	SUBJGRP 35	Non-Medical Related Claims
25:2.0.4.10.1.13.35.25	SECTION 900.204	900.204 Is FTCA the exclusive remedy for a non-medical related tort claim arising out of the performance of a self-determination contract
25:2.0.4.10.1.13.35.26	SECTION 900.205	900.205 To what non-medical-related claims against self-determination contractors does FTCA apply
25:2.0.4.10.1.13.35.27	SECTION 900.206	900.206 What employees are covered by FTCA for non-medical-related claims
25:2.0.4.10.1.13.35.28	SECTION 900.207	900.207 How are non-medical related tort claims and lawsuits filed for IHS
25:2.0.4.10.1.13.35.29	SECTION 900.208	900.208 How are non-medical related tort claims and lawsuits filed for DOI
25:2.0.4.10.1.13.35.30	SECTION 900.209	900.209 What should a self-determination contractor or contractor's employee do on receiving a non-medical related tort claim
25:2.0.4.10.1.13.35.31	SECTION 900.210	900.210 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

---