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During an Operational Site Visit, one of the Chapters reviewed is Chapter 21 – Federal Tort Claims Act (FTCA) Deeming Requirements. This chapter of the Health Resources and Services Administration (HRSA) Health Center Compliance Manual (Chapter 21 – Federal Tort Claims Act (FTCA) Deeming Requirements) outlines the compliance expectations for review of the FTCA section that is completed by the Clinical Consultant, using the HRSA Health Center Program Site Visit Protocol (Site Visit Protocol – FTCA). The review of Chapter 21 – FTCA, is only completed for health centers that are currently FTCA deemed.
It is essential for health centers to be aware and knowledgeable regarding the recent updates made to the FTCA Deeming Requirements, as these also impact the review of Chapter 21 – Federal Tort Claims Act (FTCA) Deeming Requirements during an Operational Site Visit. Although the review of this chapter does not factor into compliance as it relates to the Operational Site Visit, the final report does reflect responses and narrative comments provided by the Clinical Consultant that are assessed by FTCA. The FTCA Program utilizes the responses collected during the review to support FTCA deeming decisions and to identify any technical assistance needs the health center may have. In the event the responses included in the Operational Site Visit Report are those that require follow-up, FTCA may conduct an FTCA Site Visit or require the health center to develop a Corrective Action Plan. Additionally, any unresolved conditions related to Chapter 5 – Clinical Staffing (Chapter 5 – Clinical Staffing) and Chapter 10 – Quality Improvement/Assurance (Chapter 10 – Quality Improvement/Assurance) of the HRSA Health Center Compliance Manual may impact the FTCA deeming process, if the conditions are not resolved when deeming decisions are made.
Resources available to health centers to ensure compliance with FTCA Deeming Requirements can be located on the HRSA website (Federal Tort Claims Act (FTCA). Additionally, health centers can conduct a self-evaluation of compliance with all the requirements for this chapter by answering the questions in the “Federal Tort Claims Act Deeming Requirements” section of the HRSA Site Visit Protocol, as well as by reviewing the FTCA Site Visit Protocol (FTCA Site Visit Protocol).