Brian Tally VA Medical Care and Liability Improvement Act
This bill imposes civil liability under the federal tort claim law upon certain contractors hired by the Department of Veterans Affairs (VA) for their negligence or malpractice in providing medical care to veterans. Such liability is waived if the VA provides a notice to affected individuals or their estates identifying the full names of the contractors involved and the nature of the health care they furnished, among other information. The VA must provide such notice within 30 days after the veteran or the veteran's estate files a claim.
The bill also requires the VA to revoke a contractor's authorization to provide health care at a VA facility if the contractor is a defendant in at least three separate negligence claims during a five-year period. This revocation requirement also applies to VA physicians and other health practitioners if claims against the physicians or providers resulted in a judgment against the United States or were compromised or settled.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3813 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3813
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
July 17, 2019
Mr. Meadows (for himself and Mrs. Radewagen) 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)(A) Except as provided by paragraph (2), this section shall
not apply with respect to civil actions or other proceedings brought by
an individual, or the estate of an individual, for damages for personal
injury, including death, allegedly arising from malpractice or
negligence of a non-Department provider if the Secretary notifies the
individual, or the estate of the individual, of the following:
``(i) The involvement of the non-Department
provider in the health care furnished to the
individual.
``(ii) The nature of such health care furnished to
the individual by the non-Department provider.
``(iii) The full name of the non-Department
provider.
``(iv) The fact that the notification is made
pursuant to this paragraph.
``(v) A statement that applicable State law may
provide for a civil action or other proceeding by the
individual, or the estate of the individual, against
the non-Department provider, including information that
specifies any statute of limitations for such
applicable State law.
``(B) The Secretary shall make each notification under subparagraph
(A) not later than 30 days after the date on which an individual or
estate files a claim pursuant to section 2675 of title 28, United
States Code. The Secretary shall make such notification using certified
mail (with either return receipt requested or other means of
verification that the notification was sent) to the individual or the
estate, and to any attorney of the individual or the estate
representing the individual or the estate with respect to such claim.
``(2) If the Secretary does not make the notification required by
paragraph (1) during the period required by that paragraph with respect
to civil actions or other proceedings brought by an individual, or the
estate of an individual, for damages for personal injury, including
death, allegedly arising from malpractice or negligence of a non-
Department provider, the non-Department provider shall be treated as if
the provider were a health care employee of the Administration with
respect to the health care or treatment furnished by that provider in a
facility of the Department to the individual.
``(3) If a non-Department provider described in paragraph (2) is
the defendant employee of a civil action or proceeding pursuant to this
section, any claim of that provider 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.
``(4)(A) If a non-Department provider described in paragraph (1) or
(2) is the defendant employee of at least three separate covered cases
during a five-year period, the Secretary--
``(i) shall revoke the provider'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 provider to provide health care or
treatment at a facility of the Department.
``(B) The Secretary shall establish a process by which a non-
Department provider may appeal an action under subparagraph (A).
``(5) In this subsection:
``(A) The term `covered case' means any of the following:
``(i) A civil action or proceeding pursuant to this
section that resulted in a judgment against the United
States, or such an action or proceeding that the United
States compromises or settles.
``(ii) A civil action or proceeding pursuant to
State law for personal injury, including death,
allegedly arising from malpractice or negligence that
resulted in a judgment against a non-Department
provider, or such an action or proceeding that the non-
Department provider compromises or settles.
``(B) The term `non-Department provider' means a health
care provider 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.''.
(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) were compromised or settled by the United States.'';
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.''.
(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.
Referred to the Subcommittee on Oversight and Investigations.
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