II 

Calendar No. 422 

116TH CONGRESS 

2D SESSION S. 123 

To require the Secretary of Veterans Affairs to enter into a contract or 

other agreement with a third party to review appointees in the Veterans 

Health Administration who had a license terminated for cause by a 

State licensing board for care or services rendered at a non-Veterans 

Health Administration facility and to provide individuals treated by such 

an appointee with notice if it is determined that an episode of care 

or services to which they received was below the standard of care, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 15, 2019 

Ms. ERNST (for herself, Mr. COONS, Mr. GRASSLEY, Mr. BOOZMAN, and Mrs. 

CAPITO) introduced the following bill; which was read twice and referred 

to the Committee on Veterans’ Affairs 

FEBRUARY 13, 2020 

Reported by Mr. MORAN, without amendment 

A BILL 

To require the Secretary of Veterans Affairs to enter into 

a contract or other agreement with a third party to 

review appointees in the Veterans Health Administration 

who had a license terminated for cause by a State licensing board for care or services rendered at a non-Veterans 

Health Administration facility and to provide individuals 

treated by such an appointee with notice if it is deterVerDate Sep 11 2014 21:43 Feb 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S123.RS S123

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2 

•S 123 RS

mined that an episode of care or services to which they 

received was below the standard of care, 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 ‘‘Ensuring Quality Care 

5 for Our Veterans Act’’. 

6 SEC. 2. THIRD PARTY REVIEW OF APPOINTEES IN VET7 ERANS HEALTH ADMINISTRATION WHO HAD 

8 A LICENSE TERMINATED FOR CAUSE AND NO9 TICE TO INDIVIDUALS TREATED BY THOSE 

10 APPOINTEES IF DETERMINED THAT AN EPI11 SODE OF CARE OR SERVICES TO WHICH THEY 

12 RECEIVED WAS BELOW THE STANDARD OF 

13 CARE. 

14 (a) THIRD PARTY REVIEW.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of the enactment of this Act, the Sec17 retary of Veterans Affairs shall enter into a contract 

18 or other agreement with an organization that is not 

19 part of the Federal Government to conduct a clinical 

20 review for quality management of hospital care or 

21 medical services furnished by covered providers. 

22 (2) QUALIFICATIONS.—The Secretary shall en23 sure that each review of a covered provider under 


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•S 123 RS

1 this subsection is performed by an individual who is 

2 licensed in the same specialty as the covered pro3 vider. 

4 (b) NOTICE TO PATIENTS TREATED BY COVERED

5 PROVIDERS.—With respect to hospital care or medical 

6 services furnished by a covered provider under the laws 

7 administered by the Secretary, if a clinical review for qual8 ity management under subsection (a) determines that the 

9 standard of care was not met during an episode of care, 

10 the Secretary shall notify the individual who received such 

11 care or services from the covered provider as described in 

12 applicable policy of the Veterans Heath Administration. 

13 (c) DEFINITIONS.—In this section: 

14 (1) COVERED PROVIDER.—The term ‘‘covered 

15 provider’’ means an individual who— 

16 (A) was appointed to the Veterans Health 

17 Administration under section 7401 of title 38, 

18 United States Code; and 

19 (B) had a license terminated for cause by 

20 a State licensing board for hospital care or 

21 medical services provided in a facility that is 

22 not a facility of the Veterans Health Adminis23 tration. 

24 (2) HOSPITAL CARE OR MEDICAL SERVICES.— 

25 The terms ‘‘hospital care’’ and ‘‘medical services’’ 


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4 

•S 123 RS

1 have the meanings given those terms in section 1701 

2 of title 38, United States Code. 


kjohnson on DSK79L0C42PROD with BILLS

kjohnson on DSK79L0C42PROD with BILLS
Calendar No. 422 

116TH CONGRESS 

2D SESSION S. 123 

A BILL 

To require the Secretary of Veterans Affairs to 

standard of care, and for other purposes. services to which they received was below the tice if it is determined that an episode of care or dividuals treated by such an appointee with noHealth Administration facility and to provide incare or services rendered at a non-Veterans nated for cause by a State licensing board for Health Administration who had a license termithird party to review appointees in the Veterans enter into a contract or other agreement with a 

FEBRUARY 13, 2020 

Reported without amendment 


kjohnson on DSK79L0C42PROD with BILLS