[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5794 Reported in House (RH)]
<DOC>
Union Calendar No. 597
118th CONGRESS
2d Session
H. R. 5794
[Report No. 118-703]
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 for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 2023
Mrs. Dingell (for herself and Mr. Bergman) introduced the following
bill; which was referred to the Committee on Veterans' Affairs
September 23, 2024
Committed to the Committee of the Whole House on the State of the
Union and ordered to be printed
_______________________________________________________________________
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 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.''.
Union Calendar No. 597
118th CONGRESS
2d Session
H. R. 5794
[Report No. 118-703]
_______________________________________________________________________
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 for other
purposes.
_______________________________________________________________________
September 23, 2024
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed