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Doctors' Corporations Given FTCA Coverage

By Janice G. Inman
March 31, 2004

Earlier this year, the federal government lost an attempt to deny insurance coverage to doctors who — in their capacity as sole owners of their own corporations — signed contracts with the United States to provide health care to patients at a non-profit clinic. When the government attempted to tell the doctors — after the doctors had been sued for malpractice — that they were not eligible for coverage, the doctors fought back in the U.S. District Court for the District of Columbia.

In their suit, El Rio Santa Cruz Neighborhood Health Center Inc. v. Department of Health and Human Services, Civil Action No. 03-1753 (ESH), 2004 U.S. Dist. LEXIS 465 (1/15/04), the plaintiff doctors sought review under the Administrative Procedure Act (APA), 5 U.S.C. ' 701, et seq., of a Department of Health and Human Services (HHS) determination that they were ineligible for medical malpractice liability coverage from the federal government under the Federally Supported Health Centers Assistant Act (FSHCAA) 42 U.S.C. ' 233(g).

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