25 CFR Subpart M - Federal Tort Claims Act Coverage General Provisions
- § 900.180 What does this subpart cover?
- § 900.181 What definitions apply to this subpart?
- § 900.182 What other statutes and regulations apply to FTCA coverage?
- § 900.183 Do Indian tribes and tribal organizations need to be aware of areas which FTCA does not cover?
- § 900.184 Is there a deadline for filing FTCA claims?
- § 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?
- § 900.186 Is it necessary for a self-determination contract to include any clauses about Federal Tort Claims Act coverage?
- § 900.187 Does FTCA apply to a self-determination contract if FTCA is not referenced in the contract?
- § 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?
- § 900.189 Does this coverage extend to subcontractors of self-determination contracts?
Medical-Related Claims (§§ 900.190 - 900.200)
- § 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?
- § 900.191 Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA?
- § 900.192 What employees are covered by FTCA for medical-related claims?
- § 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?
- § 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?
- § 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?
- § 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?
- § 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?
- § 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?
- § 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?
- § 900.200 May persons who are not Indians or Alaska Natives assert claims under FTCA?
Procedure for Filing Medical-Related Claims (§§ 900.201 - 900.203)
- § 900.201 How should claims arising out of the performance of medical-related functions be filed?
- § 900.202 What should a self-determination contractor or a contractor's employee do on receiving such a claim?
- § 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?
Non-Medical Related Claims (§§ 900.204 - 900.210)
- § 900.204 Is FTCA the exclusive remedy for a non-medical related tort claim arising out of the performance of a self-determination contract?
- § 900.205 To what non-medical-related claims against self-determination contractors does FTCA apply?
- § 900.206 What employees are covered by FTCA for non-medical-related claims?
- § 900.207 How are non-medical related tort claims and lawsuits filed for IHS?
- § 900.208 How are non-medical related tort claims and lawsuits filed for DOI?
- § 900.209 What should a self-determination contractor or contractor's employee do on receiving a non-medical related tort claim?
- § 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?