1. LawStack
  2. Title 25 - Indians
  3. Chapter V - BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES
  4. Part 900 - CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION ASSISTANCE ACT
  5. Subpart M - Federal Tort Claims Act Coverage General Provisions
  6. Topic - Medical-Related Claims
  7. 25 CFR § 900.191
25 CFR § 900.191
Are employees of self-determination contractors providing health services under the self-determination contract protected by FTCA?
February 24, 2021
CFR

Yes. For the purpose of Federal Tort Claims Act coverage, an Indian tribe or tribal organization and its employees performing medical-related functions under a self-determination contract are deemed a part of the Public Health Service if the employees are acting within the scope of their employment in carrying out the contract.

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§ 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?
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§ 900.192 What employees are covered by FTCA for medical-related claims?

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