,i #aafth ,,congress #ast ,session ,h4 ,r4 #chac ,,in ,,the ,,house ,,of ,,representatives ,july #ag1 #bjai,mr4 ,meadows 7for himself and ,mrs4 ,radewagen7 introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to ensure that certain health care contractors of the ,department of ,veterans ,affairs are subject to ,federal tort claims laws1 to improve the accountability of physicians of the ,department1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,brian ,tally ,,va ,medical ,care and ,liability ,improvement ,act4 #b4 ,accountability of health care providers at facilities of the ,department of ,veterans ,affairs 7a7 ,treatment of contractors under ,federal tort claims laws ,section #gcaf of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7g7 7#a7 7,a7 ,except as provided by paragraph 7#b71 this section shall not apply with respect to civil actions or other proceedings brought by an individual1 or the estate of an individual1 for damages for personal injury1 including death1 allegedly arising from malpractice or negligence of a non-,department provider if the ,secretary notifies the individual1 or the estate of the individual1 of the following3 7i7 ,the involvement of the non-,department provider in the health care furnished to the individual4 7ii7 ,the nature of such health care furnished to the individual by the non-,department provider4 7iii7 ,the full name of the non-,department provider4 7iv7 ,the fact that the notification is made pursuant to this paragraph4 7v7 ,a statement that applicable ,state law may provide for a civil action or other proceeding by the individual1 or the estate of the individual1 against the non-,department provider1 including information that specifies any statute of limitations for such applicable ,state law4 7,b7 ,the ,secretary shall make each notification under subparagraph 7,a7 not later than #cj days after the date on which an individual or estate files a claim pursuant to section #bfge of title #bh1 ,united ,states ,code4 ,the ,secretary shall make such notification using certified mail 7with either return receipt requested or other means of verification that the notification was sent7 to the individual or the estate1 and to any attorney of the individual or the estate representing the individual or the estate with respect to such claim4 7#b7 ,if the ,secretary does not make the notification required by paragraph 7#a7 during the period required by that paragraph with respect to civil actions or other proceedings brought by an individual1 or the estate of an individual1 for damages for personal injury1 including death1 allegedly arising from malpractice or negligence of a non-,department provider1 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 individual4 7#c7 ,if a non-,department provider described in paragraph 7#b7 is the defendant employee of a civil action or proceeding pursuant to this section1 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 ,states4 7#d7 7,a7 ,if a non-,department provider described in paragraph 7#a7 or 7#b7 is the defendant employee of at least three separate covered cases during a five-year period1 the ,secretary-- 7i7 shall revoke the provider's authorization to provide health care or treatment at a facility of the ,department2 and 7ii7 may not enter into any contract or agreement that authorizes the provider to provide health care or treatment at a facility of the ,department4 7,b7 ,the ,secretary shall establish a process by which a non-,department provider may appeal an action under subparagraph 7,a74 7#e7 ,in this subsection3 7,a7 ,the term covered case means any of the following3 7i7 ,a civil action or proceeding pursuant to this section that resulted in a judgment against the ,united ,states1 or such an action or proceeding that the ,united ,states compromises or settles4 7ii7 ,a civil action or proceeding pursuant to ,state law for personal injury1 including death1 allegedly arising from malpractice or negligence that resulted in a judgment against a non-,department provider1 or such an action or proceeding that the non-,department provider compromises or settles4 7,b7 ,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 agreement4 4 7b7 ,notifications and outreach regarding ,federal tort claims ,such section1 as amended by subsection 7a71 is further amended by adding at the end the following new subsections3 7h7 ,not later than #cj days following the date on which a judgment is entered against the ,united ,states in a civil action or proceeding pursuant to this section1 the ,secretary shall notify the following entities with respect to such judgment3 7#a7 ,the appropriate licensing entity of each ,state in which a defendant employee is licensed as a health care professional4 7#b7 ,the ,national ,practitioner ,data ,bank established pursuant to the ,health ,care ,quality ,improvement ,act of #aihf 7#db ,u4,s4,c4 #aaaja et seq474 7i7 ,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 section1 including-- 7#a7 an explanation of the procedure to file an administrative claim pursuant to section #eae of this title or section #bfge of title #bh2 7#b7 the circumstances under which an individual may file a civil action or proceeding pursuant to this section2 and 7#c7 time limits that can bar recovery under this section4 4 7c7 ,accountability of physicians of the ,department ,section #gdfa of such title is amended-- 7#a7 in subsection 7a71 by adding at the end the following new sentence3 8,the ,under ,secretary shall bring such charges based on professional conduct or competence against a section #gdja7a7 employee who is the defendant employee of at least three separate civil actions or proceedings pursuant to section #gcaf of this title that1 within a five-year period-- 7#a7 resulted in a judgment against the ,united ,states2 or 7#b7 were compromised or settled by the ,united ,states4 2 and 7#b7 in subsection 7c77#c71 by adding at the end the following new subparagraph3 7,c7 ,the provision of care subject to a civil action or proceeding pursuant to section #gcaf of this title that-- 7i7 resulted in a judgment against the ,united ,states2 or 7ii7 is compromised or settled by the ,united ,states4 4 7d7 ,applicability ,the amendments made by this section shall take effect with respect to actions or omissions covered under section #gcaf of title #ch1 ,united ,states ,code1 occurring on or after the date of the enactment of this ,act4