115TH CONGRESS

2ND SESSION

S. XXXX
IN THE SENATE OF THE UNITED STATES
10 SEPTEMBER 2018
(Received; read twice and referred to the Committee on Veterans' Affairs)

AN ACT
To direct the Secretary of Veterans Affairs to update the requirements and procedures used to notify
Veterans as to the employment status of medical professionals employed by the Veteran’s
Administration, to terminate all medical practice rights if medical professionals are found guilty
of malpractice, to establish a deadline for VA responses to requests by veterans for information
regarding their medical treatment by the VA, 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 “‘Rally Around Tally’ VA Medical Care and Liability Improvement
Act.”

SECTION 2. VETERAN NOTIFICATION.

a. Medical Appointments/Treatment

1. In addition to information already provided Veterans regarding medical appointments

through the Veteran’s Administration (VA), the VA is required to notify the veteran of
the name and employment status of the medical professional rendering treatment.
 a. “Full Time Employee” will mean anyone directly hired by the VA in
accordance with the Civil Service Reform Act of 1978 (Pub.L. 95–454, 92 Stat.
1111) who works forty or more hours per week and is exempt from overtime
pay.
b. “Part Time Employee” will mean anyone directly hired by the VA in
accordance with the Civil Service Reform Act of 1978 (Pub.L. 95–454, 92 Stat.
1111) who works less than forty hours per week and may be eligible for
overtime pay.
c. “Independent Contractor” or “Contractor” will mean anyone in the employ of
the VA not hired by the VA in accordance with the Civil Service Reform Act
of 1978 (Pub.L. 95–454, 92 Stat. 1111), whose pay will not have income taxes
withheld by the VA. Full Time or Part Time status will be stipulated within the
contract. May also be referred to as a “1099 Contractor.”
1. Contractors must also disclose the originating facility from which they
are contracted to the VA.
d. Employee or Contractor status will have equal bearing regarding responsibility
or liability of medical professionals rendering treatment of Veterans.
2. Veteran will be notified immediately of any change in who, specifically, is rendering
treatment.
a. Changes 2 or more weeks prior to appointment
1. Veteran must be notified by the US Postal Service (“mail”)
2. Notification must include
a. Name and employment status of new medical provider
3. Notification must be made with certified/return receipt
a. Signed returned receipt must be placed in the veteran’s file
4. VA is responsible to confirm personnel change with the veteran upon
veteran’s registration the day of treatment/evaluation.
a. Both the veteran and VA administrative person must sign
document declaring
i. The originally assigned medical professional’s name,
employment status, and credentials
ii. The newly assigned medical professional’s name,
employment status, and credentials
iii. Veteran’s consent to be treated/evaluated by the newly
assigned medical professional
b. Veteran will have the option of declining treatment/evaluation by
the newly assigned medical professional in lieu of rescheduling
with the originally assigned medical professional, unless the
originally assigned medical professional is no longer in the
employ of, or under contract with, the VA.
i. The veteran must be informed if this is the case
b. Changes less than 2 weeks prior to appointment
 1. Immediate notification by phone, allowing the veteran the option of
rescheduling
2. Notification by mail. Letter must include
a. Date of phone contact/notification of change in medical
personnel
b. Acknowledgment of veteran’s decision to keep the original
appointment with the new medical professional, or to reschedule.
3. VA personnel must comply with (2.a.4), above, should the veteran not
reschedule. The letter must also include the date of notification of
medical professional change, and the name and status of the VA
employee who made the call.
b. Policy Regarding Claims Process
1. The VA is required to notify all veterans receiving care through the VA the steps
involved in the claims process against both medical professionals employed directly by
the VA and those employed via contract.
a. This notification must be delivered via the US Postal Service, and
b. Must be posted on the Department of Veterans Affairs website.
SECTION 3. RESPONSIBILITY/LIABILITY.
a. The VA assumes full responsibility for the actions of its full and part time employees.
1. Medical professionals are required to provide the VA documentation of all states
in which they are licensed to practice, along with certified copies of all relevant
transcripts from respective colleges/universities.
2. Liability for medical negligence and/or malpractice falls under the umbrella of
responsibility of the VA.
i. If the VA rehires a medical professional who is ineligible for federal
employment and said medical professional commits an act of medical
negligence or malpractice, the VA assumes full responsibility for injury or
death of a patient in its care
b. The VA assumes limited responsibility for medical negligence and/or malpractice
conducted on the part of any of its contractors, as stipulated by the contract with said
medical professional.
1. Contractors are required to maintain at least the minimum medical malpractice
insurance that full-time and part-time employees are provided.
2. Contractors are required to provide the VA with quarterly updates proving
malpractice insurance coverage with required minimums.
i. Contractors failing to meet this requirement will be terminated
immediately with no opportunity to re-apply for employment.
3. The VA assumes full responsibility for any instances of medical negligence or
malpractice committed by a contractor who
i. fails to maintain the required minimum malpractice insurance coverage
ii. is no longer qualified for federal employment after being disqualified for
medical negligence or malpractice.
 c. NEGLICENCE
1. If it is determined, either through court action or a peer board of review, that a
medical professional is guilty of medical negligence, while it is understood the
patient suffers no harm,
i. the medical professional will immediately be placed on a 6-month
probationary status.
1. Any negligence on the part of the medical professional during this
6-month probation will result in the immediate termination from
government employment.
a. Medical professionals subject to termination are suspended
without pay and prohibited from treating any patients while
awaiting the conclusion of the termination process.
b. Any medical professional terminated from government
employment for negligence will be ineligible to re-apply
for employment with the VA or any other agency for a 2-
year period.
c. As a condition of possible re-employment, terminated
medical professionals must provide evidence of continuing
education in the area in which the offense occurred.
ii. Medical professionals guilty of committing medical negligence 3 times in
a 2-year period will be immediately terminated from government
employment, with no opportunity to re-apply for employment with the VA
or any other government agency.
iii. The VA is required to notify responsible state agencies of all instances of
medical negligence.
d. MALPRACTICE
1. If it is determined, either through court action or a peer board of review, that a
medical professional is guilty of malpractice
i. The medical professional
1. will be immediately terminated,
2. will be ineligible for re-employment with the VA or any other
government agency,
3. and will be reported to all states holding said medical
professional’s license(s) for revocation or other such action as the
states deems appropriate.
ii. Appropriate documentation will be entered into said medical
professional’s federal employment record to ensure said professional is
not re-hired.
SECTION 4. VA TORT CLAIMS
a. INITIAL SUIT FILING
1. Only claims filed using the Standard Form (SF)-95 will be accepted.
b. TIME LIMITS
 1. The FTCA establishes a 2-year statute of limitations in which veterans may file a
claim against the VA
i. This provision is hereby revised with “the VA Office of General Counsel
must receive the completed claim form within two years of the accident or
injury which gave rise to the claim, or two years from the time the
claimant knew or should have known of the injury, whichever is later.”
ii. This 2-year statute of limitations applies equally to the States in which a
medical contractor for the VA is the subject of litigation.
2. All veteran requests for any information pertaining to the medical treatment of
said veteran must be responded to by the VA within 30 days of receipt of request.
SECTION 5. REOPENING OF PREVIOUS TORT CLAIMS
a. Any veteran-originated medical malpractice lawsuit previously dismissed due to a statute
of limits conflict of either federal or state governments, said conflict resulting from VA
response to veteran information requests exceeding 30 days, shall have that claim
immediately reopened, with the VA held as the responsible party (respondent).
b. Any reopened claim will resume at the point in the process in which it was originally
dismissed.
c. All reopened claims under this provision must be concluded within 24 months of being
reinstated.
d. Any settlement awards to veterans as a condition of case dismissal are not to be construed
as just compensation for injuries obtained, or death resulting from, VA medical
professional malpractice. Said settlements shall be deducted from any final settlement
amount.