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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5794 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5794

   To amend title 38, United States Code, to eliminate conflicts of 
     interest in conduct of quality management and administrative 
  investigations by the Veterans Health Administration, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2023

  Mrs. Dingell (for herself and Mr. Bergman) introduced the following 
     bill; which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
   To amend title 38, United States Code, to eliminate conflicts of 
     interest in conduct of quality management and administrative 
  investigations by the Veterans Health Administration, 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 ``Veterans Affairs Peer Review 
Neutrality Act of 2023''.

SEC. 2. ELIMINATION OF CONFLICTS OF INTEREST IN PEER REVIEW, 
              ADMINISTRATIVE INVESTIGATION BOARDS, AND FACTFINDINGS OF 
              VETERANS HEALTH ADMINISTRATION.

    (a) In General.--Subchapter II of chapter 73 of title 38, United 
States Code, is amended by inserting after section 7311A the following 
new section:
``Sec. 7311B. Elimination of conflicts of interest in peer review, 
              administrative investigation boards, and factfindings of 
              Veterans Health Administration
    ``(a) Peer Review.--
            ``(1) In general.--Each individual responsible for 
        conducting peer review for quality management of care provided 
        by a health care provider at a medical facility of the 
        Department and each member of a peer review committee with 
        respect to quality management of such care shall withdraw from 
        participation in a case review if--
                    ``(A) the individual has direct involvement with 
                the care under review; or
                    ``(B) the individual is unable to conduct an 
                objective, impartial, accurate, and informed review.
            ``(2) Neutral assessment of conduct of committee members.--
        Each medical facility of the Department shall develop 
        procedures and guidelines for that facility to require that any 
        initial peer review for quality management that is conducted 
        with respect to care provided by a health care provider who is 
        a member of the peer review committee for that facility be 
        evaluated, discussed, and assigned a final level review by a 
        neutral peer review committee at another facility of the 
        Department.
    ``(b) Administrative Investigation Boards and Factfindings.--
            ``(1) Knowledge of confidential information.--Individuals 
        with knowledge of confidential quality assurance information 
        specific to a matter under investigation by an administrative 
        investigation board or factfinder with respect to quality 
        management of care provided by a health care provider at a 
        medical facility of the Department may not--
                    ``(A) serve on the administrative investigation 
                board or as a factfinder; or
                    ``(B) disclose such information to an 
                administrative investigation board or a factfinder.
            ``(2) Personal interest, involvement, or relationship.--
                    ``(A) In general.--The Secretary shall ensure that 
                each member of an administrative investigative board or 
                factfinder does not have--
                            ``(i) any personal interest or other bias 
                        concerning the investigation being conducted;
                            ``(ii) direct involvement in matters being 
                        investigated; or
                            ``(iii) a supervisory or personal 
                        relationship with the subject of the 
                        investigation.
                    ``(B) Recusal.--If a potential member of an 
                administrative investigative board or factfinder has a 
                personal interest or other bias concerning the 
                investigation being conducted, direct involvement in 
                matters being investigated, or a supervisory or 
                personal relationship with the subject of the 
                investigation, the potential member shall inform the 
                authority responsible for the investigation and recuse 
                themselves from such matter.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by inserting after the item relating to 
section 7311A the following new item:

``7311B. Elimination of conflicts of interest in peer review, 
                            administrative investigation boards, and 
                            factfindings of Veterans Health 
                            Administration.''.
                                 <all>
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