Authors: National Council of Urban Indian Health

Publication Year: 2007

Last Updated: 2010-08-27 13:21:11

Journal: NCUIH

Keywords: DOJ, FTCA, Federal tort claims act, IHCIA, indian health care improvement act, IHS, indian health service, summary, legislative update

Short Abstract:

The DOJ also objected to the extension of FTCA coverage to home and community-based services provided outside of a health facility, and traditional health care practices. The DOJ was concerned that these services would not be carried out following appropriate standards of care. Currently, the IHS and tribes provide home health care services following State Medicaid standards of care. Traditional health care practices are usually provided as complementary services to Western medical practices at the request of family members. In most cases, the traditional health care practitioners are not employees of the IHS or tribes so FTCA coverage would not apply in the event that a malpractice claim was ever filed.

Abstract:

The Department Of Justice also objected to the extension of FTCA coverage to home and community-based services provided outside of a health facility, and traditional health care practices. The DOJ was concerned that these services would not be carried out following appropriate standards of care. Currently, the IHS and tribes provide home health care services following State Medicaid standards of care. Traditional health care practices are usually provided as complementary services to Western medical practices at the request of family members. In most cases, the traditional health care practitioners are not employees of the IHS or tribes so FTCA coverage would not apply in the event that a malpractice claim was ever filed.

Source: Link to Original Article.

Funding:

Code: 0

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