Office of the Secretary, Office of the General Counsel; Notice Regarding the Federal Tort Claims Act, the Federally Supported Health Centers Assistance Act, and the Indian Self-Determination and Education Assistance Act; Alternative Settlement Process for Certain Administrative Claims Under the Federal Tort Claims Act

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The Secretary of Health and Human Services is implementing a Pilot Program to study the effectiveness of an Early Offers Alternative Dispute Resolution Process ("Early Offers") for certain administrative tort claims under the Federal Tort Claims Act ("FTCA"). The Pilot Program becomes effective upon the publication of this Notice and will be applicable to administrative claims filed with the Department of Health and Human Services ("HHS" or "the Department") on or after the publication date. The Pilot Program applies to all medical negligence tort claims cognizable under the FTCA and arising from the acts or omissions of HHS employees or deemed employees. The Pilot Program does not create new causes of action or change the requirements of the FTCA for the handling of administrative tort claims or the approval of administrative tort claim settlements. See 28 U.S.C. 2672 and 28 CFR Part 14.