Community Health Centers, often also called “Federally Qualified Health Centers,” are funded under Section 330 of the Public Health Service Act and have served as a critical national network of outpatient care providers since the inception of the program. Throughout the program’s history, FTLF has worked side-by-side with Health Centers of all sizes, FQHC “Look-Alikes,” and Primary Care Associations, advising on all aspects of Health Center/FQHC operations, from routine compliance to complex strategic affiliations.
With respect to federal grant management matters, Community Health Centers face many of the same compliance obligations as other HHS grantees when expending grant funds, but benefit from special statutory flexibility in how they may use the “program income” generated through their federally supported health care operations (termed “nongrant funds” under Section 330). FTLF regularly counsels Health Centers on both compliance matter applicable to their grants and the scope (and limitations) of their special statutory “program income flexibility.”
Key HRSA-wide grant management guidance, from financial management considerations to HRSA’s Conflict of Interest Policy, is available at: https://www.hrsa.gov/grants/manage-your-grant/policies-regulations-guidance.
Special requirements pertinent to the Community Health Center Program are set forth largely via HRSA’s Community Health Center Compliance Manual and Operational Site Visit Protocol, which are available at:
- Compliance Manual: https://bphc.hrsa.gov/programrequirements/compliancemanual/index.html
- OSV Protocol: https://bphc.hrsa.gov/programrequirements/site-visit-protocol
A full description of FTLF’s Health Center services can be found on the “Health Center” tab on the FTLF main page. In addition to federal grant management compliance support, FTLF attorneys routinely assist with:
- Federal Tort Claims Act (“FTCA”) matters;
- 340B Drug Pricing Program matters;
- OSV preparation;
- Health Privacy (including HIPAA and 42 C.F.R. Part 2);
- Strategic Affiliations;
- Health care-related contract negotiation (e.g. referral agreements, lab contracts, etc.); and
- Successor-in-Interest grant transfers (i.e., grant transfers pursuant to mergers and acquisitions).