Many health centers and their staff members rely on the professional liability coverage offered pursuant to the Health Center Federal Tort Claims Act (FTCA) program. From submitting the initial application for “deeming” status to handling malpractice claims and preparing for a site visit, FTCA program compliance is essential.
FTCA Coverage Depends Upon Whether the Services Provided Are:
- Within the health center’s 330 approved scope of project?
- Within the scope of employment?
- Provided to health center patients?
The answers to these questions are not simple. They often require legal analysis, interpretation of HRSA guidance, and detailed understanding of medical malpractice. Failing to comply with the FTCA program requirements can be very costly for health centers and providers who can be left without any professional liability insurance for very expensive claims.
Our Attorneys Will Discuss the Biggest Risks in FTCA Coverage for Health Centers, Including Risks Related To:
- FTCA applications and participation (either deeming or redeeming)
- Common concerns around FTCA coverage
- Current FTCA "hot issues" that health centers across the country face in the ever-changing healthcare environment
This session will also cover substantive changes in the FTCA program such as the addition of FTCA coverage for volunteers, as well as the significant changes made to the deeming application to bring it into alignment with the Health Center Compliance Manual.
- New Staff; Medical Directors; Risk Managers
- Compliance Officers
- CEOs, COOs, CMOs, CFOs
- Grants Managers
- Human Resources Managers and staff
- Anyone who works on deeming applications
After this training, you will be able to:
- Describe the Deeming and Redeeming Application process and how the processes have changed to align with the Health Center Compliance Manual
- Understand what triggers a FTCA Site Visit and common issues that arise for health centers when these programs are audited
- Identify the Principles of FTCA coverage, including the newly established coverage for volunteers, and discuss common pitfalls and potential liabilities and risks for your health center
- Review best practices in the FTCA claims process and discuss those actions that could jeopardize coverage for your health center
- Assess the types of insurance available and the decision-making process a health center needs to use to make an informed decision
- Explain the recent history of FTCA cases and the impact on health centers
Wednesday, October 4, 2023
10:30 a.m.–5:00 p.m. ET
|10:30 a.m.–10:45 a.m.||Welcome and Overview|
|10:45 a.m.–11:30 a.m.|
In this session, we dig deep into the maze of rules and regulations regarding immunity and the principles of coverage.
|11:30 a.m.–11:45 a.m.||Break|
|11:45 a.m.–1:15 p.m.||Immunity (FSHCAA) (cont.)|
|1:15 p.m.–1:45 p.m.|
|1:45 p.m.–2:30 p.m.||FTCA Case Studies|
|2:30 p.m.–2:45 p.m.|
|2:45 p.m.–3:30 p.m.|
Current Issues and FTCA
|3:30 p.m.–3:45 p.m.||Break|
|3:45 p.m.–4:30 p.m.|
FTCA Case Studies
|4:30 p.m.–5:00 p.m.||Wrap-Up and Q&A|
Thursday, October 5, 2023
10:30 a.m.–5:00 p.m. ET
|10:30 a.m.–11:15 a.m.||FTCA Deeming Application|
The deeming application process is fraught with challenges. Knowing how to complete a deeming application by providing the information that reviewers will be looking for will go a long way toward making the application process less stressful and more effective.
|11:15 a.m.–11:30 a.m.|
|11:30 a.m.–12:15 p.m.||FTCA Deeming Application (cont.)|
Since its inception in 1992, there have been a number of important cases decided by federal courts that directly affect the FTCA program. In this workshop, we will review the most important cases and their implications for your health center.
|12:15 p.m.–12:45 p.m.|
|12:45 p.m.–2:15 p.m.||FTCA Claims Process|
|2:15 p.m.–2:30 p.m.|
|2:30 p.m.–3:00 p.m.||Gap Insurance|
What is gap insurance, and do you need it? We discuss the types of insurance that are available and some of the issues health centers should take into account in making a decision on gap insurance.
|3:00 p.m.–3:15 p.m.||Break|
|3:15 p.m.–4:45 p.m.||FTCA Site Visits|
HRSA has implemented random targeted FTCA site visits. We study the site visit protocol and how HRSA is currently implementing it. Recommendations on working with and/or surviving FTCA site visit reviewers are explored.
|4:45 p.m.–5:00 p.m.||Wrap-Up and Q&A|
FTLF'S VIRTUAL CLASSROOM
This live, interactive training will take place in FTLF's Virtual Classroom, hosted by Zoom. Should you have any technical questions or would like more information, please contact us at firstname.lastname@example.org or 1-855-200-3822.
Feldesman Tucker Leifer Fidell LLP (FTLF) is the leader in health center law and FTCA training from a legal perspective and has led trainings across the country for health centers of all sizes. Together, this FTCA team has advised and counseled hundreds of health centers on the day-to-day FTCA-related issues that arise for health centers.
Marty Bree has dedicated his entire career to serving the needs of health centers both inside government and out. From 1998 through 2004, Marty directed the Health Center Federal Tort Claims Act medical malpractice program, writing much of the policy that is in effect today. Marty Bree has more than thirty years of experience working with health centers and the FTCA Program. Marty is a member of the New Jersey Bar and is not licensed in Washington, DC. His practice is limited to federal health care matters. [Full Bio]
Molly Evans is a Partner in the firm’s health care practice group. She advises health centers on the management of clinical, employment and workforce related risks, with a particular focus on professional liability, Federal Tort Claims Act, and HIPAA matters. From her experience as both a private attorney and in-house counsel, Molly knows the importance of managing liability and risk issues in mission-driven organizations. [Full Bio]
Matt Freedus is a Partner with the firm and represents health centers facing a variety of adverse administrative decisions and legal actions. Defending clients in all phases of administrative and judicial review, from the lowest level up to the Supreme Court, he also represents clients in affirmative litigation against states and other entities. Matt has litigated on behalf of health centers on a variety of issues, including denials of deeming applications and the scope of FTCA coverage for malpractice actions brought against health centers and their providers. [Full Bio]
Participants can earn up to 10.40 CPE credits in Specialized Knowledge and Applications upon completion of all course requirements.
- Prerequisites: None
- Target Audience: New Staff; Medical Directors; Risk Managers; Compliance Officers; CEOs, COOs, CMOs, CFOs; Grants Managers; Human Resources Managers and Staff; and anyone who works on deeming applications
- Advanced Preparation: None
- Program Level: All
- Delivery Method: Group Internet Based
Feldesman Tucker Leifer Fidell LLP is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website www.nasbaregistry.org (formerly www.learningmarket.org).
- 10.25 Certificate of Attendance
TRAINING IS NOT RECORDED
This training will not be recorded for later viewing, as we would like attendees to be comfortable and candid, sharing their experiences and asking scenario-based questions. The discourse between the attorneys and participants is a valued part of each training.
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