[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2745 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2745
To amend title 38, United States Code, to eliminate conflicts of
interest in conduct of quality management and administrative
investigations by the Veterans Health Administration and to limit the
detail of directors of medical centers of Department of Veterans
Affairs to different positions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 7, 2023
Mr. Peters (for himself and Mr. Boozman) introduced the following bill;
which was read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to eliminate conflicts of
interest in conduct of quality management and administrative
investigations by the Veterans Health Administration and to limit the
detail of directors of medical centers of Department of Veterans
Affairs to different positions, 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 ``Veterans Affairs Peer Review
Neutrality Act of 2023''.
SEC. 2. ELIMINATION OF CONFLICTS OF INTEREST IN PEER REVIEW,
ADMINISTRATIVE INVESTIGATION BOARDS, AND FACTFINDINGS OF
VETERANS HEALTH ADMINISTRATION.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by inserting after section 7311A the following
new section:
``Sec. 7311B. Elimination of conflicts of interest in peer review,
administrative investigation boards, and factfindings of
Veterans Health Administration
``(a) Peer Review.--
``(1) In general.--Each individual responsible for
conducting peer review for quality management of care provided
by a health care provider at a medical facility of the
Department and each member of a peer review committee with
respect to quality management of such care shall withdraw from
participation in a case review if--
``(A) the individual has direct involvement with
the care under review; or
``(B) the individual is unable to conduct an
objective, impartial, accurate, and informed review.
``(2) Neutral assessment of conduct of committee members.--
Each medical facility of the Department shall develop
procedures and guidelines for that facility to require that any
initial peer review for quality management that is conducted
with respect to care provided by a health care provider who is
a member of the peer review committee for that facility be
evaluated, discussed, and assigned a final level review by a
neutral peer review committee at another facility of the
Department.
``(b) Administrative Investigation Boards and Factfindings.--
``(1) Knowledge of confidential information.--Individuals
with knowledge of confidential quality assurance information
specific to a matter under investigation by an administrative
investigation board or factfinder with respect to quality
management of care provided by a health care provider at a
medical facility of the Department may not--
``(A) serve on the administrative investigation
board or as a factfinder; or
``(B) disclose such information to an
administrative investigation board or a factfinder.
``(2) Personal interest, involvement, or relationship.--
``(A) In general.--The Secretary shall ensure that
each member of an administrative investigative board or
factfinder does not have--
``(i) any personal interest or other bias
concerning the investigation being conducted;
``(ii) direct involvement in matters being
investigated; or
``(iii) a supervisory or personal
relationship with the subject of the
investigation.
``(B) Recusal.--If a potential member of an
administrative investigative board or factfinder has a
personal interest or other bias concerning the
investigation being conducted, direct involvement in
matters being investigated, or a supervisory or
personal relationship with the subject of the
investigation, the potential member shall inform the
authority responsible for the investigation and recuse
themselves from such matter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such subchapter is amended by inserting after the item relating to
section 7311A the following new item:
``7311B. Elimination of conflicts of interest in peer review,
administrative investigation boards, and
factfindings of Veterans Health
Administration.''.
SEC. 3. LIMITATION ON DETAIL OF DIRECTORS OF MEDICAL CENTERS OF
DEPARTMENT OF VETERANS AFFAIRS TO DIFFERENT POSITIONS.
(a) Notification.--
(1) In general.--Not later than 90 days after detailing a
director of a medical center of the Department of Veterans
Affairs to a different position within the Department, the
Secretary of Veterans Affairs shall notify the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans'
Affairs of the House of Representatives of such detail.
(2) Matters to be included.--The notification required by
paragraph (1) shall include, with respect to a director of a
medical center who is detailed to a different position within
the Department, the following information:
(A) The location at which the director is detailed.
(B) The position title of the detail.
(C) The estimated time the director is expected to
be absent from their duties at the medical center.
(D) Such other information as the Secretary may
determine appropriate.
(b) Appointment of Acting Director.--Not later than 120 days after
detailing a director of a medical center of the Department to a
different position within the Department, the Secretary shall appoint
an individual as acting director of such medical center with all of the
authority and responsibilities of the detailed director.
(c) Update on Detail.--Not later than 120 days after detailing a
director of a medical center of the Department to a different position
within the Department, and not less frequently than every 30 days
thereafter while the detail is in effect or while the director position
at the medical center is vacant, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives an update regarding
the status of the detail.
(d) Return to Position or Reassignment.--
(1) In general.--Except as provided in paragraph (2), not
later than 180 days after detailing a director of a medical
center of the Department to a different position within the
Department, for a reason other than an ongoing investigation or
administrative action with respect to the director, the
Secretary shall--
(A) return the individual to the position as
director of the medical center; or
(B) reassign the individual from the position as
director of the medical center and begin the process of
hiring a new director for such position.
(2) Waiver.--
(A) In general.--The Secretary may waive the
requirement under paragraph (1) with respect to an
individual for successive 90-day increments for a total
period of not more than 540 days from the original date
the individual was detailed away from their position as
director of a medical center.
(B) Notification.--Not later than 30 days after
exercising a waiver under subparagraph (A), the
Secretary shall notify Congress of the waiver and
provide to Congress information as to why the waiver is
necessary.
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