I 

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. 

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 ‘‘Veterans Affairs Peer 

5 Review Neutrality Act of 2023’’. 


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1 SEC. 2. ELIMINATION OF CONFLICTS OF INTEREST IN PEER 

2 REVIEW, ADMINISTRATIVE INVESTIGATION 

3 BOARDS, AND FACTFINDINGS OF VETERANS 

4 HEALTH ADMINISTRATION. 

5 (a) IN GENERAL.—Subchapter II of chapter 73 of 

6 title 38, United States Code, is amended by inserting after 

7 section 7311A the following new section: 

8 ‘‘§ 7311B. Elimination of conflicts of interest in peer 

9 review, administrative investigation 

10 boards, and factfindings of Veterans 

11 Health Administration 

12 ‘‘(a) PEER REVIEW.— 

13 ‘‘(1) IN GENERAL.—Each individual responsible 

14 for conducting peer review for quality management 

15 of care provided by a health care provider at a med16 ical facility of the Department and each member of 

17 a peer review committee with respect to quality man18 agement of such care shall withdraw from participa19 tion in a case review if— 

20 ‘‘(A) the individual has direct involvement 

21 with the care under review; or 

22 ‘‘(B) the individual is unable to conduct an 

23 objective, impartial, accurate, and informed re24 view. 

25 ‘‘(2) NEUTRAL ASSESSMENT OF CONDUCT OF

26 COMMITTEE MEMBERS.—Each medical facility of the 


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1 Department shall develop procedures and guidelines 

2 for that facility to require that any initial peer re3 view for quality management that is conducted with 

4 respect to care provided by a health care provider 

5 who is a member of the peer review committee for 

6 that facility be evaluated, discussed, and assigned a 

7 final level review by a neutral peer review committee 

8 at another facility of the Department. 

9 ‘‘(b) ADMINISTRATIVE INVESTIGATION BOARDS AND

10 FACTFINDINGS.— 

11 ‘‘(1) KNOWLEDGE OF CONFIDENTIAL INFORMA12 TION.—Individuals with knowledge of confidential 

13 quality assurance information specific to a matter 

14 under investigation by an administrative investiga15 tion board or factfinder with respect to quality man16 agement of care provided by a health care provider 

17 at a medical facility of the Department may not— 

18 ‘‘(A) serve on the administrative investiga19 tion board or as a factfinder; or 

20 ‘‘(B) disclose such information to an ad21 ministrative investigation board or a factfinder. 

22 ‘‘(2) PERSONAL INTEREST, INVOLVEMENT, OR

23 RELATIONSHIP.— 

24 ‘‘(A) IN GENERAL.—The Secretary shall 

25 ensure that each member of an administrative 


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1 investigative board or factfinder does not 

2 have— 

3 ‘‘(i) any personal interest or other 

4 bias concerning the investigation being 

5 conducted; 

6 ‘‘(ii) direct involvement in matters 

7 being investigated; or 

8 ‘‘(iii) a supervisory or personal rela9 tionship with the subject of the investiga10 tion. 

11 ‘‘(B) RECUSAL.—If a potential member of 

12 an administrative investigative board or 

13 factfinder has a personal interest or other bias 

14 concerning the investigation being conducted, 

15 direct involvement in matters being inves16 tigated, or a supervisory or personal relation17 ship with the subject of the investigation, the 

18 potential member shall inform the authority re19 sponsible for the investigation and recuse them20 selves from such matter.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of such subchapter is amended by insert23 ing after the item relating to section 7311A the following 

24 new item: 


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‘‘7311B. Elimination of conflicts of interest in peer review, administrative investigation boards, and factfindings of Veterans Health Administration.’’. 

Æ 


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