Title: Brian Tally VA Medical Care and Liability Improvement Act
Policy area: Armed Forces and National Security

Summary:
Brian Tally VA Medical Care and Liability Improvement Act
This bill subjects independent contractors of the Department of Veterans Affairs (VA) who provide medical care to veterans at VA facilities to the same federal tort laws for medical malpractice that apply to VA health care personnel. An insurance claim for malpractice benefits by a contractor-defendant shall be subrogated to the United States.
The VA shall: (1) revoke the authorization to provide VA care of a contractor who has been the defendant in at least three cases during a five-year period that resulted in a judgment or settlement against the United States, and (2) bring an adverse action against certain VA health care personnel for similar reasons.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7105 Introduced in House (IH)]

<DOC>






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 
Gonzalez-Colon 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 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brian Tally VA Medical Care and 
Liability Improvement Act''.

SEC. 2. ACCOUNTABILITY OF HEALTH CARE PROVIDERS AT FACILITIES OF THE 
              DEPARTMENT OF VETERANS 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 following 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 Administration 
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 pursuant to this section, any 
claim of that individual for benefits under an insurance policy with 
respect to medical malpractice 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 covered cases during a 
five-year period, the Secretary--
            ``(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 agreement 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 Secretary 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:
            ``(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 established 
        pursuant to the Health Care Quality Improvement Act of 1986 (42 
        U.S.C. 11101 et seq.).
    ``(i) The Secretary shall publish in a clear and conspicuous manner 
on the internet website of the Department 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 individual 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 Department.--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 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 counted 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 covered 
                                by this paragraph.''.
    (d) Applicability.--The amendments made by this section shall take 
effect with respect to actions or omissions covered under section 7316 
of title 38, United States Code, occurring on or after the date of the 
enactment of this Act.
                                 <all>