SFC Richard Stayskal Military Medical Accountability Act of 2019

To amend chapter 171 1. Short title This Act may be cited as the SFC Richard Stayskal Military Medical Accountability Act of 2019 2. Allowing claims against the United States for injury and death of members of the Armed Forces caused by improper medical care (a) In general Chapter 171 2681. Claims against the United States for injury and death of members of the Armed Forces of the United States (a) A claim may be brought against the United States under this chapter for damages relating to the personal injury or death of a member of the Armed Forces of the United States arising out of a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) that is provided at a covered military medical treatment facility by a person acting within the scope of the office or employment of that person by or at the direction of the Government of the United States. (b) A claim under this section shall not be reduced by the amount of any benefit received under subchapter III (relating to Servicemembers’ Group Life Insurance) of chapter 19 (c) Notwithstanding section 2401(b), a claim brought under this section shall have a 3-year statute of limitations beginning on the date the claimant discovered or by reasonable diligence should have discovered the injury and the cause of the injury. (d) For purposes of claims brought under this section— (1) subsections (j) and (k) of section 2680 do not apply; and (2) in the case of an act or omission occurring outside the United States, the law of the place where the act or omission occurred shall be deemed to be the law of the State of domicile of the claimant. (e) In this section, the term covered military medical treatment facility (f) Not later than 2 years after the date of the enactment of this section, and every 2 years thereafter, the Secretary of Defense shall submit to Congress a report on the number of claims filed under this section. . (b) Clerical amendment The table of sections for chapter 171 2681. Claims against the United States for injury and death of members of the Armed Forces of the United States. . (c) Effective date This Act and the amendments made by this Act shall apply to— (1) a claim arising on or after the date of the enactment of this Act; and (2) a pending claim arising before the date of the enactment of this Act, with respect to which the period of limitations shall be deemed to begin on the date of the enactment of this Act. (d) Rule of construction Nothing in this Act or the amendments made by this Act shall be construed to limit the application of the administrative process and procedures of chapter 171

Summary: SFC Richard Stayskal Military Medical Accountability Act of 2019 This bill allows claims to be brought against the United States for damages relating to the personal injury or death of a member of the Armed Forces arising out of a negligent or wrongful act or omission in providing medical, dental, or related health care functions at a military medical treatment facility. However, the bill does not apply to care provided at a medical treatment location deployed in an area of armed combat.