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Union Calendar No. 597 

118TH CONGRESS 

2D SESSION H. R. 5794 

[Report No. 118–703] 

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 

SEPTEMBER 23, 2024 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 5794 RH

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. 


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•HR 5794 RH

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’’. 

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

7 REVIEW, ADMINISTRATIVE INVESTIGATION 

8 BOARDS, AND FACTFINDINGS OF VETERANS 

9 HEALTH ADMINISTRATION. 

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

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

12 section 7311A the following new section: 

13 ‘‘§ 7311B. Elimination of conflicts of interest in peer 

14 review, administrative investigation 

15 boards, and factfindings of Veterans 

16 Health Administration 

17 ‘‘(a) PEER REVIEW.— 

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

19 for conducting peer review for quality management 

20 of care provided by a health care provider at a med21 ical facility of the Department and each member of 

22 a peer review committee with respect to quality man23 agement of such care shall withdraw from participa24 tion in a case review if— 


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1 ‘‘(A) the individual has direct involvement 

2 with the care under review; or 

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

4 objective, impartial, accurate, and informed re5 view. 

6 ‘‘(2) NEUTRAL ASSESSMENT OF CONDUCT OF

7 COMMITTEE MEMBERS.—Each medical facility of the 

8 Department shall develop procedures and guidelines 

9 for that facility to require that any initial peer re10 view for quality management that is conducted with 

11 respect to care provided by a health care provider 

12 who is a member of the peer review committee for 

13 that facility be evaluated, discussed, and assigned a 

14 final level review by a neutral peer review committee 

15 at another facility of the Department. 

16 ‘‘(b) ADMINISTRATIVE INVESTIGATION BOARDS AND

17 FACTFINDINGS.— 

18 ‘‘(1) KNOWLEDGE OF CONFIDENTIAL INFORMA19 TION.—Individuals with knowledge of confidential 

20 quality assurance information specific to a matter 

21 under investigation by an administrative investiga22 tion board or factfinder with respect to quality man23 agement of care provided by a health care provider 

24 at a medical facility of the Department may not— 


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1 ‘‘(A) serve on the administrative investiga2 tion board or as a factfinder; or 

3 ‘‘(B) disclose such information to an ad4 ministrative investigation board or a factfinder. 

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

6 RELATIONSHIP.— 

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

8 ensure that each member of an administrative 

9 investigative board or factfinder does not 

10 have— 

11 ‘‘(i) any personal interest or other 

12 bias concerning the investigation being 

13 conducted; 

14 ‘‘(ii) direct involvement in matters 

15 being investigated; or 

16 ‘‘(iii) a supervisory or personal rela17 tionship with the subject of the investiga18 tion. 

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

20 an administrative investigative board or 

21 factfinder has a personal interest or other bias 

22 concerning the investigation being conducted, 

23 direct involvement in matters being inves24 tigated, or a supervisory or personal relation25 ship with the subject of the investigation, the 


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1 potential member shall inform the authority re2 sponsible for the investigation and recuse them3 selves from such matter.’’. 

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

5 at the beginning of such subchapter is amended by insert6 ing after the item relating to section 7311A the following 

7 new item: 

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


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Union Calendar No. 597 

118TH CONGRESS 

2D SESSION H. R. 5794 

[Report No. 118–703] 

A BILL 

To amend title 38, United States Code, to eliminate 

purposes. Veterans Health Administration, and for other agement and administrative investigations by the conflicts of interest in conduct of quality manSEPTEMBER 23, 2024 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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