119-hr2640

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2640 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2640

 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

 April 3, 2025

 Mr. Luttrell 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 Employment 
Transparency Act of 2025''.

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) 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 the malpractice or negligence of a non-
Department provider in the course of providing hospital care, medical 
services, or nursing home care at a facility of the Department, if the 
Secretary provides to the individual, or the estate of the individual, 
by not later than 45 days after the Secretary receives notice of the 
civil action or other proceeding, the information referred to in 
subparagraph
        (B) .
 ``
        (B) The information referred to in this subparagraph is the 
following:
 ``
            (i) A description of the extent of the involvement of the 
 non-Department provider in the hospital care, medical services, 
 or nursing home care furnished to the individual.
 ``
            (ii) The nature of such care or services 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.
 ``
            (C) A civil action or other proceeding arising from an incident 
of alleged malpractice or negligence of a non-Department provider may 
not be brought in both a State court and in a Federal court.
 ``

    (2)
        (A) If five or more separate covered cases brought during a 
five-year period include allegations of malpractice or negligence on 
the part of any individual non-Department provider, the Secretary--
 ``
            (i) shall revoke the provider's authorization to provide 
 hospital care, medical services, or nursing home care at a 
 facility of the Department; and
 ``
            (ii) may not enter into any contract or agreement that 
 authorizes the provider to provide such care or services 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) .
 ``

    (3) 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'--
 ``
            (i) 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; and
 ``
            (ii) does not include a provider through which 
 the Secretary furnishes care or services under 

section 1703 of this title.''.

    (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 that includes a conclusion that a non-
Department employee committed negligence or malpractice, the Secretary 
shall notify the following entities with respect to such judgment:
 ``

    (1) The appropriate licensing entity of each State in 
 which such non-Department 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) --
        (A) by inserting ``

    (1) '' before ``Whenever''; and
        (B) by adding at the end the following new 
 paragraph:
 ``

    (2) The Under Secretary shall bring charges under paragraph

    (1) based on professional conduct or competence against a 

section 7401

    (1) employee who is accused of committing negligence or malpractice in 
three or more separate civil actions or proceedings pursuant to 

section 7316 of this title within a five-year period if such actions or 
proceedings--
 ``
        (A) resulted in a judgment against the United States; or
 ``
        (B) 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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