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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Brian Tally VA Med5 ical Care and Liability Improvement Act’’. 


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1 SEC. 2. ACCOUNTABILITY OF HEALTH CARE PROVIDERS AT 

2 FACILITIES OF THE DEPARTMENT OF VET3 ERANS AFFAIRS. 

4 (a) TREATMENT OF CONTRACTORS UNDER FEDERAL

5 TORT CLAIMS LAWS.—Section 7316 of title 38, United 

6 States Code, is amended by adding at the end the fol7 lowing new subsection: 

8 ‘‘(g)(1)(A) Except as provided by paragraph (2), this 

9 section shall not apply with respect to civil actions or other 

10 proceedings brought by an individual, or the estate of an 

11 individual, for damages for personal injury, including 

12 death, allegedly arising from malpractice or negligence of 

13 a non-Department provider if the Secretary notifies the 

14 individual, or the estate of the individual, of the following: 

15 ‘‘(i) The involvement of the non-Depart16 ment provider in the health care furnished to 

17 the individual. 

18 ‘‘(ii) The nature of such health care fur19 nished to the individual by the non-Department 

20 provider. 

21 ‘‘(iii) The full name of the non-Department 

22 provider. 

23 ‘‘(iv) The fact that the notification is made 

24 pursuant to this paragraph. 

25 ‘‘(v) A statement that applicable State law 

26 may provide for a civil action or other proVerDate Sep 11 2014 19:30 Jul 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3813.IH H3813

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1 ceeding by the individual, or the estate of the 

2 individual, against the non-Department pro3 vider, including information that specifies any 

4 statute of limitations for such applicable State 

5 law. 

6 ‘‘(B) The Secretary shall make each notification 

7 under subparagraph (A) not later than 30 days after the 

8 date on which an individual or estate files a claim pursu9 ant to section 2675 of title 28, United States Code. The 

10 Secretary shall make such notification using certified mail 

11 (with either return receipt requested or other means of 

12 verification that the notification was sent) to the indi13 vidual or the estate, and to any attorney of the individual 

14 or the estate representing the individual or the estate with 

15 respect to such claim. 

16 ‘‘(2) If the Secretary does not make the notification 

17 required by paragraph (1) during the period required by 

18 that paragraph with respect to civil actions or other pro19 ceedings brought by an individual, or the estate of an indi20 vidual, for damages for personal injury, including death, 

21 allegedly arising from malpractice or negligence of a non22 Department provider, the non-Department provider shall 

23 be treated as if the provider were a health care employee 

24 of the Administration with respect to the health care or 


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1 treatment furnished by that provider in a facility of the 

2 Department to the individual. 

3 ‘‘(3) If a non-Department provider described in para4 graph (2) is the defendant employee of a civil action or 

5 proceeding pursuant to this section, any claim of that pro6 vider for benefits under an insurance policy with respect 

7 to medical malpractice relating to such civil action or pro8 ceeding shall be subrogated to the United States. 

9 ‘‘(4)(A) If a non-Department provider described in 

10 paragraph (1) or (2) is the defendant employee of at least 

11 three separate covered cases during a five-year period, the 

12 Secretary— 

13 ‘‘(i) shall revoke the provider’s authoriza14 tion to provide health care or treatment at a fa15 cility of the Department; and 

16 ‘‘(ii) may not enter into any contract or 

17 agreement that authorizes the provider to pro18 vide health care or treatment at a facility of the 

19 Department. 

20 ‘‘(B) The Secretary shall establish a process by which 

21 a non-Department provider may appeal an action under 

22 subparagraph (A). 

23 ‘‘(5) In this subsection: 

24 ‘‘(A) The term ‘covered case’ means any of the 

25 following: 


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1 ‘‘(i) A civil action or proceeding pursuant 

2 to this section that resulted in a judgment 

3 against the United States, or such an action or 

4 proceeding that the United States compromises 

5 or settles. 

6 ‘‘(ii) A civil action or proceeding pursuant 

7 to State law for personal injury, including 

8 death, allegedly arising from malpractice or 

9 negligence that resulted in a judgment against 

10 a non-Department provider, or such an action 

11 or proceeding that the non-Department provider 

12 compromises or settles. 

13 ‘‘(B) The term ‘non-Department provider’ 

14 means a health care provider who is not an employee 

15 of the Federal Government but who is authorized by 

16 the Secretary to provide health care or treatment at 

17 a facility of the Department pursuant to a contract 

18 or other agreement.’’. 

19 (b) NOTIFICATIONS AND OUTREACH REGARDING

20 FEDERAL TORT CLAIMS.—Such section, as amended by 

21 subsection (a), is further amended by adding at the end 

22 the following new subsections: 

23 ‘‘(h) Not later than 30 days following the date on 

24 which a judgment is entered against the United States in 

25 a civil action or proceeding pursuant to this section, the 


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1 Secretary shall notify the following entities with respect 

2 to such judgment: 

3 ‘‘(1) The appropriate licensing entity of each 

4 State in which a defendant employee is licensed as 

5 a health care professional. 

6 ‘‘(2) The National Practitioner Data Bank es7 tablished pursuant to the Health Care Quality Im8 provement Act of 1986 (42 U.S.C. 11101 et seq.). 

9 ‘‘(i) The Secretary shall publish in a clear and con10 spicuous manner on the internet website of the Depart11 ment an explanation of the rights of an individual under 

12 this section, including— 

13 ‘‘(1) an explanation of the procedure to file an 

14 administrative claim pursuant to section 515 of this 

15 title or section 2675 of title 28; 

16 ‘‘(2) the circumstances under which an indi17 vidual may file a civil action or proceeding pursuant 

18 to this section; and 

19 ‘‘(3) time limits that can bar recovery under 

20 this section.’’. 

21 (c) ACCOUNTABILITY OF PHYSICIANS OF THE DE22 PARTMENT.—Section 7461 of such title is amended— 

23 (1) in subsection (a), by adding at the end the 

24 following new sentence: ‘‘The Under Secretary shall 

25 bring such charges based on professional conduct or 


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1 competence against a section 7401(1) employee who 

2 is the defendant employee of at least three separate 

3 civil actions or proceedings pursuant to section 7316 

4 of this title that, within a five-year period— 

5 ‘‘(1) resulted in a judgment against the United 

6 States; or 

7 ‘‘(2) were compromised or settled by the United 

8 States.’’; and 

9 (2) in subsection (c)(3), by adding at the end 

10 the following new subparagraph: 

11 ‘‘(C) The provision of care subject to a civil ac12 tion or proceeding pursuant to section 7316 of this 

13 title that— 

14 ‘‘(i) resulted in a judgment against the 

15 United States; or 

16 ‘‘(ii) is compromised or settled by the 

17 United States.’’. 

18 (d) APPLICABILITY.—The amendments made by this 

19 section shall take effect with respect to actions or omis20 sions covered under section 7316 of title 38, United States 

21 Code, occurring on or after the date of the enactment of 

22 this Act. 

Æ 


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