I 
116TH CONGRESS 
1ST SESSION H. R. 3813 
To amend title 38, United States Code, to ensure that certain health care 
contractors of the Department of Veterans Affairs are subject to Federal 
tort claims laws, to improve the accountability of physicians of the 
Department, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 17, 2019 
Mr. MEADOWS (for himself and Mrs. RADEWAGEN) introduced the following 
bill; which was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to ensure that cer-
tain health care contractors of the Department of Vet-
erans Affairs are subject to Federal tort claims laws, 
to improve the accountability of physicians of the Depart-
ment, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Brian Tally VA Med-
ical Care and Liability Improvement Act’’. 
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SEC. 2. ACCOUNTABILITY OF HEALTH CARE PROVIDERS AT 
FACILITIES OF THE DEPARTMENT OF VET-
ERANS AFFAIRS. 
(a) TREATMENT OF CONTRACTORS UNDER FEDERAL 
TORT CLAIMS LAWS.—Section 7316 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(g)(1)(A) Except as provided by paragraph (2), this 
section shall not apply with respect to civil actions or other 
proceedings brought by an individual, or the estate of an 
individual, for damages for personal injury, including 
death, allegedly arising from malpractice or negligence of 
a non-Department provider if the Secretary notifies the 
individual, or the estate of the individual, of the following: 
‘‘(i) The involvement of the non-Depart-
ment provider in the health care furnished to 
the individual. 
‘‘(ii) The nature of such health care fur-
nished to the individual by the non-Department 
provider. 
‘‘(iii) The full name of the non-Department 
provider. 
‘‘(iv) The fact that the notification is made 
pursuant to this paragraph. 
‘‘(v) A statement that applicable State law 
may provide for a civil action or other pro-
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ceeding by the individual, or the estate of the 
individual, against the non-Department pro-
vider, including information that specifies any 
statute of limitations for such applicable State 
law. 
‘‘(B) The Secretary shall make each notification 
under subparagraph (A) not later than 30 days after the 
date on which an individual or estate files a claim pursu-
ant to section 2675 of title 28, United States Code. The 
Secretary shall make such notification using certified mail 
(with either return receipt requested or other means of 
verification that the notification was sent) to the indi-
vidual or the estate, and to any attorney of the individual 
or the estate representing the individual or the estate with 
respect to such claim. 
‘‘(2) If the Secretary does not make the notification 
required by paragraph (1) during the period required by 
that paragraph with respect to civil actions or other pro-
ceedings brought by an individual, or the estate of an indi-
vidual, for damages for personal injury, including death, 
allegedly arising from malpractice or negligence of a non- 
Department provider, the non-Department provider shall 
be treated as if the provider were a health care employee 
of the Administration with respect to the health care or 
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treatment furnished by that provider in a facility of the 
Department to the individual. 
‘‘(3) If a non-Department provider described in para-
graph (2) is the defendant employee of a civil action or 
proceeding pursuant to this section, any claim of that pro-
vider for benefits under an insurance policy with respect 
to medical malpractice relating to such civil action or pro-
ceeding shall be subrogated to the United States. 
‘‘(4)(A) If a non-Department provider described in 
paragraph (1) or (2) is the defendant employee of at least 
three separate covered cases during a five-year period, the 
Secretary— 
‘‘(i) shall revoke the provider’s authoriza-
tion to provide health care or treatment at a fa-
cility of the Department; and 
‘‘(ii) may not enter into any contract or 
agreement that authorizes the provider to pro-
vide health care or treatment at a facility of the 
Department. 
‘‘(B) The Secretary shall establish a process by which 
a non-Department provider may appeal an action under 
subparagraph (A). 
‘‘(5) In this subsection: 
‘‘(A) The term ‘covered case’ means any of the 
following: 
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‘‘(i) A civil action or proceeding pursuant 
to this section that resulted in a judgment 
against the United States, or such an action or 
proceeding that the United States compromises 
or settles. 
‘‘(ii) A civil action or proceeding pursuant 
to State law for personal injury, including 
death, allegedly arising from malpractice or 
negligence that resulted in a judgment against 
a non-Department provider, or such an action 
or proceeding that the non-Department provider 
compromises or settles. 
‘‘(B) The term ‘non-Department provider’ 
means a health care provider who is not an employee 
of the Federal Government but who is authorized by 
the Secretary to provide health care or treatment at 
a facility of the Department pursuant to a contract 
or other agreement.’’. 
(b) NOTIFICATIONS
AND OUTREACH REGARDING 
FEDERAL TORT CLAIMS.—Such section, as amended by 
subsection (a), is further amended by adding at the end 
the following new subsections: 
‘‘(h) Not later than 30 days following the date on 
which a judgment is entered against the United States in 
a civil action or proceeding pursuant to this section, the 
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Secretary shall notify the following entities with respect 
to such judgment: 
‘‘(1) The appropriate licensing entity of each 
State in which a defendant employee is licensed as 
a health care professional. 
‘‘(2) The National Practitioner Data Bank es-
tablished pursuant to the Health Care Quality Im-
provement Act of 1986 (42 U.S.C. 11101 et seq.). 
‘‘(i) The Secretary shall publish in a clear and con-
spicuous manner on the internet website of the Depart-
ment an explanation of the rights of an individual under 
this section, including— 
‘‘(1) an explanation of the procedure to file an 
administrative claim pursuant to section 515 of this 
title or section 2675 of title 28; 
‘‘(2) the circumstances under which an indi-
vidual may file a civil action or proceeding pursuant 
to this section; and 
‘‘(3) time limits that can bar recovery under 
this section.’’. 
(c) ACCOUNTABILITY OF PHYSICIANS OF THE DE-
PARTMENT.—Section 7461 of such title is amended— 
(1) in subsection (a), by adding at the end the 
following new sentence: ‘‘The Under Secretary shall 
bring such charges based on professional conduct or 
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competence against a section 7401(1) employee who 
is the defendant employee of at least three separate 
civil actions or proceedings pursuant to section 7316 
of this title that, within a five-year period— 
‘‘(1) resulted in a judgment against the United 
States; or 
‘‘(2) were compromised or settled by the United 
States.’’; and 
(2) in subsection (c)(3), by adding at the end 
the following new subparagraph: 
‘‘(C) The provision of care subject to a civil ac-
tion or proceeding pursuant to section 7316 of this 
title that— 
‘‘(i) resulted in a judgment against the 
United States; or 
‘‘(ii) is compromised or settled by the 
United States.’’. 
(d) APPLICABILITY.—The amendments made by this 
section shall take effect with respect to actions or omis-
sions covered under section 7316 of title 38, United States 
Code, occurring on or after the date of the enactment of 
this Act. 
Æ 
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