Key Regulations

Related to the Federal Tort Claims Act

The regulations listed below are the pertinent rules related to the Federal Tort Claims Act in Indian Country. The regulations are understandable to the layperson (for the most part) and are current as of April 1, 2009. They are part of Title 25, Chapter 5, of the Code of Federal Regulations.

Regulation: 900.180 Exit Disclaimer: You Are Leaving www.ihs.gov 

What does this subpart cover? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.181 Exit Disclaimer: You Are Leaving www.ihs.gov 

What definitions apply to this subpart? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.182 Exit Disclaimer: You Are Leaving www.ihs.gov 

What other statutes and regulations apply to FTCA coverage? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.183 Exit Disclaimer: You Are Leaving www.ihs.gov 

Do Indian tribes and tribal organizations need to be aware of areas which FTCA does not cover? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.184 Exit Disclaimer: You Are Leaving www.ihs.gov 

Is there a deadline for filing FTCA claims? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.185 Exit Disclaimer: You Are Leaving www.ihs.gov 

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? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.186 Exit Disclaimer: You Are Leaving www.ihs.gov 

Is it necessary for a self-determination contract to include any clauses about Federal Tort Claims Act coverage? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.187 Exit Disclaimer: You Are Leaving www.ihs.gov 

Does FTCA apply to a self-determination contract if FTCA is not referenced in the contract? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.188 Exit Disclaimer: You Are Leaving www.ihs.gov 

To what extent shall the contractor cooperate with the Federal government in connection with tort claims arising out of the contractor's performance? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.189 Exit Disclaimer: You Are Leaving www.ihs.gov 

Does this coverage extend to subcontractors of self-determination contracts? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.190 Exit Disclaimer: You Are Leaving www.ihs.gov 

Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the performance of a self-determination contract? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.191 Exit Disclaimer: You Are Leaving www.ihs.gov 

Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.192 Exit Disclaimer: You Are Leaving www.ihs.gov 

What employees are covered by FTCA for medical-related claims? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.193 Exit Disclaimer: You Are Leaving www.ihs.gov 

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? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.194 Exit Disclaimer: You Are Leaving www.ihs.gov 

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? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.195 Exit Disclaimer: You Are Leaving www.ihs.gov 

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? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.196 Exit Disclaimer: You Are Leaving www.ihs.gov 

Do covered services include the conduct of clinical studies and investigations and the provision of emergency services, including the operation of emergency motor vehicles? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.197 Exit Disclaimer: You Are Leaving www.ihs.gov 

Does FTCA cover employees of the contractor who are paid by the contractor from funds other than those provided through the self-determination contract? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.198 Exit Disclaimer: You Are Leaving www.ihs.gov 

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? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.199 Exit Disclaimer: You Are Leaving www.ihs.gov 

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? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.200 Exit Disclaimer: You Are Leaving www.ihs.gov 

May persons who are not Indians or Alaska Natives assert claims under FTCA? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.201 Exit Disclaimer: You Are Leaving www.ihs.gov 

How should claims arising out of the performance of medical-related functions be filed? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.202 Exit Disclaimer: You Are Leaving www.ihs.gov 

What should a self-determination contractor or a contractor's employee do on receiving such a claim? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.203 Exit Disclaimer: You Are Leaving www.ihs.gov 

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? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.204 Exit Disclaimer: You Are Leaving www.ihs.gov 

Is FTCA the exclusive remedy for a non-medical related tort claim arising out of the performance of a self-determination contract? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.205 Exit Disclaimer: You Are Leaving www.ihs.gov 

To what non-medical-related claims against self-determination contractors does FTCA apply? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.206 Exit Disclaimer: You Are Leaving www.ihs.gov 

What employees are covered by FTCA for non-medical-related claims? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.207 Exit Disclaimer: You Are Leaving www.ihs.gov 

How are non-medical related tort claims and lawsuits filed for IHS? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.208 Exit Disclaimer: You Are Leaving www.ihs.gov 

How are non-medical related tort claims and lawsuits filed for DOI? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.209 Exit Disclaimer: You Are Leaving www.ihs.gov 

What should a self-determination contractor or contractor's employee do on receiving a non-medical related tort claim? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov 

Regulation: 900.210 Exit Disclaimer: You Are Leaving www.ihs.gov 

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? [PDF] Exit Disclaimer: You Are Leaving www.ihs.gov