I 
115TH CONGRESS 
2D SESSION 
H. R. 7105 
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 
OCTOBER 30, 2018 
Mr. BRAT (for himself, Mrs. COMSTOCK, Mrs. RADEWAGEN, and Miss 
GONZA´LEZ-COLO´N of Puerto Rico) 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) For purposes of this section, an individual 
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 shall be treated as if the 
individual were a health care employee of the Administra-
tion with respect to the health care or treatment furnished 
by that individual in such a facility of the Department. 
‘‘(2) If an individual described in paragraph (1) is 
the defendant employee of a civil action or proceeding pur-
suant to this section, any claim of that individual for bene-
fits under an insurance policy with respect to medical mal-
practice relating to such civil action or proceeding shall 
be subrogated to the United States. 
‘‘(3)(A) If an individual described in paragraph (1) 
is the defendant employee of at least three separate cov-
ered cases during a five-year period, the Secretary— 
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‘‘(i) shall revoke the individual’s authorization 
to provide health care or treatment at a facility of 
the Department; and 
‘‘(ii) may not enter into any contract or agree-
ment that authorizes the individual to provide health 
care or treatment at a facility of the Department. 
‘‘(B) In this paragraph, the term ‘covered case’ 
means— 
‘‘(i) a civil action or proceeding pursuant to this 
section that resulted in a judgment against the 
United States; or 
‘‘(ii) such an action or proceeding that the 
United States compromises or settles and the Sec-
retary determines should be treated as a covered 
case for purposes of this paragraph.’’. 
(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 
Secretary shall notify the following entities with respect 
to such judgment: 
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‘‘(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 
competence against a section 7401(1) employee who 
is the defendant employee of at least three separate 
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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)(A) were compromised or settled by the 
United States; and 
‘‘(B) the Secretary determines should be count-
ed under this sentence for purposes of bringing such 
charges.’’; and 
(2) in subsection (c)(3), by adding at the end 
the following new subparagraph: 
‘‘(C) The provision of care subject to 
a civil action 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 and the Secretary 
determines such care should be cov-
ered by this paragraph.’’. 
(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 
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Code, occurring on or after the date of the enactment of 
this Act. 
Æ 
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