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 imposes civil liability under the federal tort claim law upon certain contractors hired by the Department of Veterans Affairs (VA) for their negligence or malpractice in providing medical care to veterans. Such liability is waived if the VA provides a notice to affected individuals or their estates identifying the full names of the contractors involved and the nature of the health care they furnished, among other information. The VA must provide such notice within 30 days after the veteran or the veteran's estate files a claim.
The bill also requires the VA to revoke a contractor's authorization to provide health care at a VA facility if the contractor is a defendant in at least three separate negligence claims during a five-year period. This revocation requirement also applies to VA physicians and other health practitioners if claims against the physicians or providers resulted in a judgment against the United States or were compromised or settled.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3813 Introduced in House (IH)]

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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 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)(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-Department 
                provider in the health care furnished to the 
                individual.
                    ``(ii) The nature of such health care furnished 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 proceeding by the 
                individual, or the estate of the individual, against 
                the non-Department provider, 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 pursuant 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 individual 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 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, 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 treatment furnished by that provider in a 
facility of the Department to the individual.
    ``(3) If a non-Department provider described in paragraph (2) is 
the defendant employee of a civil action or proceeding pursuant to this 
section, any claim of that provider 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.
    ``(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 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 provider to provide 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:
                    ``(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 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) 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 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.''.
    (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.
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