AMC/NOMA Listens In on the First Volunteers in Health Care Teleworkshop

The Academy of Medicine of Cleveland/Northern Ohio Medical Association listened in on the first Volunteers in Health Care Teleworkshop held last week. More than 100 organizations tuned into the conference call regarding The U.S. Department of Health and Human Services' new federal program (Free Clinic FTCA Medical Malpractice Program) designed to provide medical malpractice coverage to clinical volunteers at free clinics across the country. The teleworkshop helped the callers determine if this program is appropriate for specific clinicians and explained exactly how to apply for coverage. Shannon Dunne Faltens, JD, from the Department of Health and Human Services Bureau of Primary Health Care provided information about this new federal program and answered questions. She was joined by Volunteers in Health Care's Gayle Goldin and Paul Hattis, MD, JD, MPH for a discussion on how this program is likely to affect free clinics across the country. Prior to the call, registered callers were provided a meeting agenda and a report that included the purpose of the program, who is covered, what services are covered, program requirements, the claims process, the application process and types of recommended insurance. Faltens explained how Congress enacted FTCA medical malpractice protection for volunteer free clinic health professionals through Section 194 of HIPAA (Public Law 104-191) by amending Section 224 of the Public Health Service Act (PHS Act) (42 U.S.C 233). If a volunteer health care professional meets all the requirements of the Program, the related free clinic can sponsor him/her to be a "deemed" federal employee for the purpose of FTCA medical malpractice coverage. The FTCA deemed status provides the volunteer health care professional with immunity from medical malpractice lawsuits resulting from his/her subsequent performance of medical, surgical, dental or related functions within the scope of his/her work at the free clinic. She went on to say, claimants alleging acts of medical malpractice by the deemed volunteer health care professional must file their claims against the United States according to FTCA requirements. The payment of claims will be subject to the Federal government's appropriation. In order to qualify, free clinics must submit an annual FTCA deeming application on behalf of their volunteer free clinic health care professionals to the Department of Health and Human Services (HHS) Health Resources and Services Administration, Bureau of Primary Health Care (HRSA, BPHC) that administers the Program. Questions from callers ranged from the how to manage the daunting credentialing process with minimal staff to the deeming process for various "free clinic models" such as a virtual clinic and a sliding fee scale "free clinic" that charges patients based on income level. Read the next issue of the Cleveland Physician to learn more about the recent Volunteers in Health Care Teleworkshop. For an application and application instructions, visit www.bphc.hrsa.gov/freeclinicsftca/application.htm  For questions directed to the Volunteers in Health organization, contact Gayle Goldin at 877-844-8442, e-mail  gayle_goldin@mhri.org  or visit www.volunteersinhealthcare.org