Seaman Danyelle Luckey Military Medical Accountability Amendment Act of 2022
This bill authorizes claims by members of the uniformed services for an act or omission constituting medical malpractice that occurs onboard a naval aircraft carrier or amphibious ship that, at the time of occurrence, was not engaged in combat operations.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8831 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8831
To amend title 10, United States Code, to authorize certain claims for
personal injury or death caused by medical malpractice onboard certain
naval vessels, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2022
Ms. Speier (for herself and Mr. DeSaulnier) introduced the following
bill; which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to authorize certain claims for
personal injury or death caused by medical malpractice onboard certain
naval vessels, 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 ``Seaman Danyelle Luckey Military
Medical Accountability Amendment Act of 2022''.
SEC. 2. AUTHORIZATION OF CERTAIN CLAIMS FOR PERSONAL INJURY OR DEATH
CAUSED BY MEDICAL MALPRACTICE ONBOARD CERTAIN NAVAL
VESSELS.
(a) Authorization.--Section 2733a of title 10, United States Code,
is amended--
(1) in subsection (b)(3), by inserting ``or onboard a
covered naval vessel of the United States that, at the time of
such occurrence, was not engaged in combat operations'' after
``facility''; and
(2) in subsection (i)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) Covered naval vessel.--The term `covered naval
vessel' means an aircraft carrier or amphibious ship.''.
(b) Applicability; Filing Period for Certain Claims.--
(1) Applicability.--The amendments made by subsection (a)
shall apply with respect to claims that accrue--
(A) during the period described in paragraph
(2)(B); or
(B) on or after the date of the enactment of this
Act.
(2) Filing period.--
(A) In general.--Any claim regarding an act or
omission constituting medical malpractice onboard a
navel vessel as specified in section 2733a(b)(3) of
title 10, United States Code (as amended by subsection
(a)) that accrues during the period described in
subparagraph (B) and is filed not later than 90 days
after the date of the enactment of this Act--
(i) shall be deemed to be filed within the
time period specified in section 2733a(b)(4) of
such title; and
(ii) notwithstanding section 2735 of such
title, may be allowed, settled, and paid under
section 2733a(a) of such title.
(B) Period described.--The period described in this
subparagraph is the period beginning on October 1,
2016, and ending on the day before the date of the
enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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