Community Health Centers (CHC) & The Federal Tort Claims Act (FTCA)

Eligible health centers are afforded protection under the Federal Tort Claims Act (FTCA) for their alleged acts or omissions related to medical malpractice. Following an annual application process, "deemed" entities, their employees as well as certain other individuals identified by the statute, are covered under the FTCA. Myron Steves has developed a "wrap-around" or "gap" medical professional liability program for clinics that have achieved deemed status under the FTCA, but practice some activities outside of the scope of the “deemed status” and thus outside FTCA approved coverage. CHCs might knowingly or unknowingly practice outside of the FTCA scope. Our professionals can tailor a comprehensive program to suit your needs and cover these activities.

Coverage Enhancements

  • Broad coverage for CHCs, their employees and contracted physicians
  • Coverage for insurable, non-deemed exposures
  • Coverage for volunteers
  • Coverage for Good Samaritan Acts
  • Coverage for terminated providers - included within the limits of the ongoing policy for exposures arising from a provider’s first date of employment until the termination date, subject to the applicable retroactive dates
  • Primary limits of $1M/$3M for a scheduled entity and separate limits of $1M/$3M for physicians, if requested, with policy overall aggregates (under 10 physicians $5M; 10 or more physicians $10M)
  • First dollar coverage - no deductible required
  • Coverage for general liability available

Claims and Risk Management Services

  • Risk Management call with Martin Bree, Attorney with Feldesman, Tucker, Leiffer and Fidell, who will review the FTCA application and supplements and then review his findings to ensure the health center is maximizing the available FTCA coverage available. Mr. Bree directed the Health Center Federal Tort Claims act medical malpractice program from 1998 to 2004 and wrote much of the policy that is in effect today, so he is very familiar with this type of risk.
  • There is a staff of experts available with CNA to assist you with risk management and claims questions. Additionally, onsite assessments, consultation by telephone and customized educational materials are available.

Essential Insurance Coverages for Community Health Centers

Healthcare Professional Liability

  • Protects healthcare professionals (e.g. physicians, physician assistants, nurse practitioners, etc.) against liability incurred as a result of errors or omissions ("malpractice") in performing professional services.

Coverage Offerings

  • Directors & Officers and Entity Liability from the exposures associated with the management actions and decisions of the many and diverse members of a health care organization's governing team.
  • Employment Practices Liability (EPL) from allegations stemming from employment-related wrongdoing and helps mitigate EPL exposures through optional state-of-the-art loss prevention services, where permitted by law.
  • Privacy & Security from costs relating to privacy notification, crisis management.
  • Fiduciary Liability and their benefit plans and fiduciaries against exposures resulting from breaches of fiduciary duty and allegations of errors and omissions in the administration of benefit plans.
  • Crime from the costs associated with employee theft and third-party crime.
  • Workplace Violence Expense against a wide range of expenses associated with incidents of workplace violence, as well as optional crisis management services, where permitted by law.
  • Property/General Liability and/or a Business Owners Policy from the property and liability exposures which can include building, business income, business personal property, computer equipment, valuable papers, accounts receivable, money and securities, back-up of sewer and drains, and much more.

Coverages and exclusions differ by carrier and by state. Specific concerns can be discussed with an underwriter.

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