Brian Tally VA Medical Care and Liability Improvement Act

I 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 cer- tain health care contractors of the Department of Vet- erans Affairs are subject to Federal tort claims laws, to improve the accountability of physicians of the Depart- ment, and for other purposes. 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 ‘‘Brian Tally VA Med- 4 ical Care and Liability Improvement Act’’. 5 VerDate Sep 11 2014 19:30 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3813.IH H3813 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3813 IH SEC. 2. ACCOUNTABILITY OF HEALTH CARE PROVIDERS AT 1 FACILITIES OF THE DEPARTMENT OF VET- 2 ERANS AFFAIRS. 3 (a) TREATMENT OF CONTRACTORS UNDER FEDERAL 4 TORT CLAIMS LAWS.—Section 7316 of title 38, United 5 States Code, is amended by adding at the end the fol- 6 lowing new subsection: 7 ‘‘(g)(1)(A) Except as provided by paragraph (2), this 8 section shall not apply with respect to civil actions or other 9 proceedings brought by an individual, or the estate of an 10 individual, for damages for personal injury, including 11 death, allegedly arising from malpractice or negligence of 12 a non-Department provider if the Secretary notifies the 13 individual, or the estate of the individual, of the following: 14 ‘‘(i) The involvement of the non-Depart- 15 ment provider in the health care furnished to 16 the individual. 17 ‘‘(ii) The nature of such health care fur- 18 nished to the individual by the non-Department 19 provider. 20 ‘‘(iii) The full name of the non-Department 21 provider. 22 ‘‘(iv) The fact that the notification is made 23 pursuant to this paragraph. 24 ‘‘(v) A statement that applicable State law 25 may provide for a civil action or other pro- 26 VerDate Sep 11 2014 19:30 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3813.IH H3813 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3813 IH ceeding by the individual, or the estate of the 1 individual, against the non-Department pro- 2 vider, including information that specifies any 3 statute of limitations for such applicable State 4 law. 5 ‘‘(B) The Secretary shall make each notification 6 under subparagraph (A) not later than 30 days after the 7 date on which an individual or estate files a claim pursu- 8 ant to section 2675 of title 28, United States Code. The 9 Secretary shall make such notification using certified mail 10 (with either return receipt requested or other means of 11 verification that the notification was sent) to the indi- 12 vidual or the estate, and to any attorney of the individual 13 or the estate representing the individual or the estate with 14 respect to such claim. 15 ‘‘(2) If the Secretary does not make the notification 16 required by paragraph (1) during the period required by 17 that paragraph with respect to civil actions or other pro- 18 ceedings brought by an individual, or the estate of an indi- 19 vidual, for damages for personal injury, including death, 20 allegedly arising from malpractice or negligence of a non- 21 Department provider, the non-Department provider shall 22 be treated as if the provider were a health care employee 23 of the Administration with respect to the health care or 24 VerDate Sep 11 2014 19:30 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3813.IH H3813 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3813 IH treatment furnished by that provider in a facility of the 1 Department to the individual. 2 ‘‘(3) If a non-Department provider described in para- 3 graph (2) is the defendant employee of a civil action or 4 proceeding pursuant to this section, any claim of that pro- 5 vider for benefits under an insurance policy with respect 6 to medical malpractice relating to such civil action or pro- 7 ceeding shall be subrogated to the United States. 8 ‘‘(4)(A) If a non-Department provider described in 9 paragraph (1) or (2) is the defendant employee of at least 10 three separate covered cases during a five-year period, the 11 Secretary— 12 ‘‘(i) shall revoke the provider’s authoriza- 13 tion to provide health care or treatment at a fa- 14 cility of the Department; and 15 ‘‘(ii) may not enter into any contract or 16 agreement that authorizes the provider to pro- 17 vide health care or treatment at a facility of the 18 Department. 19 ‘‘(B) The Secretary shall establish a process by which 20 a non-Department provider may appeal an action under 21 subparagraph (A). 22 ‘‘(5) In this subsection: 23 ‘‘(A) The term ‘covered case’ means any of the 24 following: 25 VerDate Sep 11 2014 19:30 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3813.IH H3813 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3813 IH ‘‘(i) A civil action or proceeding pursuant 1 to this section that resulted in a judgment 2 against the United States, or such an action or 3 proceeding that the United States compromises 4 or settles. 5 ‘‘(ii) A civil action or proceeding pursuant 6 to State law for personal injury, including 7 death, allegedly arising from malpractice or 8 negligence that resulted in a judgment against 9 a non-Department provider, or such an action 10 or proceeding that the non-Department provider 11 compromises or settles. 12 ‘‘(B) The term ‘non-Department provider’ 13 means a health care provider who is not an employee 14 of the Federal Government but who is authorized by 15 the Secretary to provide health care or treatment at 16 a facility of the Department pursuant to a contract 17 or other agreement.’’. 18 (b) NOTIFICATIONS AND OUTREACH REGARDING 19 FEDERAL TORT CLAIMS.—Such section, as amended by 20 subsection (a), is further amended by adding at the end 21 the following new subsections: 22 ‘‘(h) Not later than 30 days following the date on 23 which a judgment is entered against the United States in 24 a civil action or proceeding pursuant to this section, the 25 VerDate Sep 11 2014 19:30 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3813.IH H3813 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3813 IH Secretary shall notify the following entities with respect 1 to such judgment: 2 ‘‘(1) The appropriate licensing entity of each 3 State in which a defendant employee is licensed as 4 a health care professional. 5 ‘‘(2) The National Practitioner Data Bank es- 6 tablished pursuant to the Health Care Quality Im- 7 provement Act of 1986 (42 U.S.C. 11101 et seq.). 8 ‘‘(i) The Secretary shall publish in a clear and con- 9 spicuous manner on the internet website of the Depart- 10 ment an explanation of the rights of an individual under 11 this section, including— 12 ‘‘(1) an explanation of the procedure to file an 13 administrative claim pursuant to section 515 of this 14 title or section 2675 of title 28; 15 ‘‘(2) the circumstances under which an indi- 16 vidual may file a civil action or proceeding pursuant 17 to this section; and 18 ‘‘(3) time limits that can bar recovery under 19 this section.’’. 20 (c) ACCOUNTABILITY OF PHYSICIANS OF THE DE- 21 PARTMENT.—Section 7461 of such title is amended— 22 (1) in subsection (a), by adding at the end the 23 following new sentence: ‘‘The Under Secretary shall 24 bring such charges based on professional conduct or 25 VerDate Sep 11 2014 19:30 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3813.IH H3813 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3813 IH competence against a section 7401(1) employee who 1 is the defendant employee of at least three separate 2 civil actions or proceedings pursuant to section 7316 3 of this title that, within a five-year period— 4 ‘‘(1) resulted in a judgment against the United 5 States; or 6 ‘‘(2) were compromised or settled by the United 7 States.’’; and 8 (2) in subsection (c)(3), by adding at the end 9 the following new subparagraph: 10 ‘‘(C) The provision of care subject to a civil ac- 11 tion or proceeding pursuant to section 7316 of this 12 title that— 13 ‘‘(i) resulted in a judgment against the 14 United States; or 15 ‘‘(ii) is compromised or settled by the 16 United States.’’. 17 (d) APPLICABILITY.—The amendments made by this 18 section shall take effect with respect to actions or omis- 19 sions covered under section 7316 of title 38, United States 20 Code, occurring on or after the date of the enactment of 21 this Act. 22 Æ VerDate Sep 11 2014 19:30 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H3813.IH H3813 pamtmann on DSKBFK8HB2PROD with BILLS