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