Ensuring Quality Care for Our Veterans Act

II 117TH CONGRESS 1ST SESSION S. 372 To require the Secretary of Veterans Affairs to enter into a contract or other agreement with a third party to review appointees in the Veterans Health Administration who had a license terminated for cause by a State licensing board for care or services rendered at a non-Veterans Health Administration facility and to provide individuals treated by such an appointee with notice if it is determined that an episode of care or services that they received was below the standard of care, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 23, 2021 Ms. ERNST (for herself, Mr. COONS, Mr. GRASSLEY, Mr. BOOZMAN, and Mrs. CAPITO) introduced the following bill; which was read twice and referred to the Committee on Veterans’ Affairs A BILL To require the Secretary of Veterans Affairs to enter into a contract or other agreement with a third party to review appointees in the Veterans Health Administration who had a license terminated for cause by a State licens- ing board for care or services rendered at a non-Veterans Health Administration facility and to provide individuals treated by such an appointee with notice if it is deter- mined that an episode of care or services that they received was below the standard of care, and for other purposes. VerDate Sep 11 2014 02:50 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S372.IS S372 kjohnson on DSK79L0C42PROD with BILLS 2 •S 372 IS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ensuring Quality Care 4 for Our Veterans Act’’. 5 SEC. 2. THIRD PARTY REVIEW OF APPOINTEES IN VET- 6 ERANS HEALTH ADMINISTRATION WHO HAD 7 A LICENSE TERMINATED FOR CAUSE AND NO- 8 TICE TO INDIVIDUALS TREATED BY THOSE 9 APPOINTEES IF DETERMINED THAT AN EPI- 10 SODE OF CARE OR SERVICES THAT THEY RE- 11 CEIVED WAS BELOW THE STANDARD OF 12 CARE. 13 (a) THIRD PARTY REVIEW.— 14 (1) IN GENERAL.—Not later than 180 days 15 after the date of the enactment of this Act, the Sec- 16 retary of Veterans Affairs shall enter into a contract 17 or other agreement with an organization that is not 18 part of the Federal Government to conduct a clinical 19 review for quality management of hospital care or 20 medical services furnished by covered providers. 21 (2) QUALIFICATIONS.—The Secretary shall en- 22 sure that each review of a covered provider under 23 this subsection is performed by an individual who is 24 VerDate Sep 11 2014 02:50 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 kjohnson on DSK79L0C42PROD with BILLS 3 •S 372 IS licensed in the same specialty as the covered pro- 1 vider. 2 (b) NOTICE TO PATIENTS TREATED BY COVERED 3 PROVIDERS.—With respect to hospital care or medical 4 services furnished by a covered provider under the laws 5 administered by the Secretary, if a clinical review for qual- 6 ity management under subsection (a) determines that the 7 standard of care was not met during an episode of care, 8 the Secretary shall notify the individual who received such 9 care or services from the covered provider as described in 10 applicable policy of the Veterans Heath Administration. 11 (c) DEFINITIONS.—In this section: 12 (1) COVERED PROVIDER.—The term ‘‘covered 13 provider’’ means an individual who— 14 (A) was appointed to the Veterans Health 15 Administration under section 7401 of title 38, 16 United States Code; and 17 (B) had a license terminated for cause by 18 a State licensing board for hospital care or 19 medical services provided in a facility that is 20 not a facility of the Veterans Health Adminis- 21 tration. 22 (2) HOSPITAL CARE OR MEDICAL SERVICES.— 23 The terms ‘‘hospital care’’ and ‘‘medical services’’ 24 VerDate Sep 11 2014 02:50 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S372.IS S372 kjohnson on DSK79L0C42PROD with BILLS 4 •S 372 IS have the meanings given those terms in section 1701 1 of title 38, United States Code. 2 Æ VerDate Sep 11 2014 02:50 Mar 02, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S372.IS S372 kjohnson on DSK79L0C42PROD with BILLS