Brian Tally VA Medical Care and Liability Improvement Act
This bill subjects independent contractors of the Department of Veterans Affairs (VA) who provide medical care to veterans at VA facilities to the same federal tort laws for medical malpractice that apply to VA health care personnel. An insurance claim for malpractice benefits by a contractor-defendant shall be subrogated to the United States.
The VA shall: (1) revoke the authorization to provide VA care of a contractor who has been the defendant in at least three cases during a five-year period that resulted in a judgment or settlement against the United States, and (2) bring an adverse action against certain VA health care personnel for similar reasons.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7105 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 7105
To amend title 38, United States Code, to ensure that certain health
care contractors of the Department of Veterans Affairs are subject to
Federal tort claims laws, to improve the accountability of physicians
of the Department, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 30, 2018
Mr. Brat (for himself, Mrs. Comstock, Mrs. Radewagen, and Miss
Gonzalez-Colon of Puerto Rico) introduced the following bill; which was
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to ensure that certain health
care contractors of the Department of Veterans Affairs are subject to
Federal tort claims laws, to improve the accountability of physicians
of the Department, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brian Tally VA Medical Care and
Liability Improvement Act''.
SEC. 2. ACCOUNTABILITY OF HEALTH CARE PROVIDERS AT FACILITIES OF THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Treatment of Contractors Under Federal Tort Claims Laws.--
Section 7316 of title 38, United States Code, is amended by adding at
the end the following new subsection:
``(g)(1) For purposes of this section, an individual who is not an
employee of the Federal Government but who is authorized by the
Secretary to provide health care or treatment at a facility of the
Department pursuant to a contract or other agreement shall be treated
as if the individual were a health care employee of the Administration
with respect to the health care or treatment furnished by that
individual in such a facility of the Department.
``(2) If an individual described in paragraph (1) is the defendant
employee of a civil action or proceeding pursuant to this section, any
claim of that individual for benefits under an insurance policy with
respect to medical malpractice relating to such civil action or
proceeding shall be subrogated to the United States.
``(3)(A) If an individual described in paragraph (1) is the
defendant employee of at least three separate covered cases during a
five-year period, the Secretary--
``(i) shall revoke the individual's authorization to
provide health care or treatment at a facility of the
Department; and
``(ii) may not enter into any contract or agreement that
authorizes the individual to provide health care or treatment
at a facility of the Department.
``(B) In this paragraph, the term `covered case' means--
``(i) a civil action or proceeding pursuant to this section
that resulted in a judgment against the United States; or
``(ii) such an action or proceeding that the United States
compromises or settles and the Secretary determines should be
treated as a covered case for purposes of this paragraph.''.
(b) Notifications and Outreach Regarding Federal Tort Claims.--Such
section, as amended by subsection (a), is further amended by adding at
the end the following new subsections:
``(h) Not later than 30 days following the date on which a judgment
is entered against the United States in a civil action or proceeding
pursuant to this section, the Secretary shall notify the following
entities with respect to such judgment:
``(1) The appropriate licensing entity of each State in
which a defendant employee is licensed as a health care
professional.
``(2) The National Practitioner Data Bank established
pursuant to the Health Care Quality Improvement Act of 1986 (42
U.S.C. 11101 et seq.).
``(i) The Secretary shall publish in a clear and conspicuous manner
on the internet website of the Department an explanation of the rights
of an individual under this section, including--
``(1) an explanation of the procedure to file an
administrative claim pursuant to section 515 of this title or
section 2675 of title 28;
``(2) the circumstances under which an individual may file
a civil action or proceeding pursuant to this section; and
``(3) time limits that can bar recovery under this
section.''.
(c) Accountability of Physicians of the Department.--Section 7461
of such title is amended--
(1) in subsection (a), by adding at the end the following
new sentence: ``The Under Secretary shall bring such charges
based on professional conduct or competence against a section
7401(1) employee who is the defendant employee of at least
three separate civil actions or proceedings pursuant to section
7316 of this title that, within a five-year period--
``(1) resulted in a judgment against the United States; or
``(2)(A) were compromised or settled by the United States;
and
``(B) the Secretary determines should be counted under this
sentence for purposes of bringing such charges.''; and
(2) in subsection (c)(3), by adding at the end the
following new subparagraph:
``(C) The provision of care subject to a
civil action or proceeding pursuant to section
7316 of this title that--
``(i) resulted in a judgment
against the United States; or
``(ii) is compromised or settled by
the United States and the Secretary
determines such care should be covered
by this paragraph.''.
(d) Applicability.--The amendments made by this section shall take
effect with respect to actions or omissions covered under section 7316
of title 38, United States Code, occurring on or after the date of the
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Health.
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