S. 2419 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2419 IN THE SENATE OF THE UNITED STATES June 3, 2014 Mr. Toomey introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To protect America’s veterans from dishonesty and malfeasance in the delivery of medical services and to hold the Department of Veterans Affairs accountable to those they serve. 1. Short title This Act may be cited as the VA Accountability Act of 2014. 2. Definitions In this Act: (1) Health information The term health information means any information, whether oral or recorded in any form or medium, that relates to— (A) the past, present, or future physical or mental health or condition of an individual; (B) the provision of health care to an individual; or (C) the past, present, or future payment for the provision of health care to an individual. (2) VA health record The term VA health record means any item, collection, or grouping of information about an individual that is maintained by the Department of Veterans Affairs and that contains or relates to the health information of the individual. 3. Prohibited Acts It shall be a violation of this Act for any officer, employee, or agent of the Department of Veterans Affairs to— (1) knowingly falsify any health information in the VA health record of an individual; (2) knowingly destroy any health information or exclude any health information from the VA health record of an individual with the intent to defraud— (A) the individual; (B) an employee or officer of the United States Government; or (C) a Member of Congress; (3) direct another individual to commit conduct described in paragraph (1) or (2); or (4) know of the commission of conduct described in paragraph (1), (2), or (3) by an individual under his or her supervision, and fail to stop, if possible, or report to a superior the commission of that conduct. 4. Cause of Action and Remedies (a) Cause of Action (1) In general An individual aggrieved by a violation of this Act by an officer, employee, or agent of the Department of Veterans Affairs may bring a civil action against the officer, employee, or agent in an appropriate district court of the United States for damages or other legal or equitable relief. (2) Considerations In determining whether to award compensatory damages or restitution in a civil action brought under this section and in calculating the amount of any such damages, the court— (A) shall consider the amount of benefits the officer, employee, or agent is entitled to collect from the Department of Veterans Affairs relating to service for the Department, including retirement benefits; and (B) may include the amount of those benefits, or a percentage of the amount of those benefits, in calculating the amount of any damages awarded. (b) Attorneys’ Fees and Expert Fees (1) Attorneys’ fees In a civil action brought under this section, the court, in its discretion, may award to the prevailing party, other than the United States, reasonable attorneys’ fees. (2) Expert fees In awarding attorneys’ fees under this subsection, the court, in its discretion, may include fees related to the hiring of experts as part of the attorneys’ fees awarded. (c) No preemption The rights and remedies created by this section shall be in addition to, and do not preempt, any other rights and remedies available under Federal or State law. 5. Effects on Employment and Benefits Notwithstanding any other provision of law, including title 5, United States Code, or any contract, on and at any time after the date on which a court enters final judgment in an action brought under section 4 in which the court determines that the officer, employee, or agent violated this Act, the Secretary of Veterans Affairs may, without prior notice— (1) terminate the officer, employee, or agent without cause; and (2) may terminate any or all of the benefits of the officer, employee, or agent relating to service as an officer, employee, or agent, including retirement benefits, without cause. 6. Retroactive Effect This Act shall apply to conduct committed before, on, or after the date of the enactment of this Act.