H.R.2640 - Brian Tally VA Employment Transparency Act of 2025 (119th Congress)
Summary
H.R.2640, the Brian Tally VA Employment Transparency Act of 2025, aims to amend Title 38 of the United States Code to increase accountability for healthcare providers working at Department of Veterans Affairs (VA) facilities. The bill focuses on ensuring that certain health care contractors of the Department of Veterans Affairs are subject to Federal tort claims laws. It also seeks to improve the accountability of physicians within the Department.
The bill stipulates that non-Department providers (contractors) can be held liable for malpractice or negligence under Federal tort claims laws. It also requires the VA to notify licensing entities and the National Practitioner Data Bank of judgments against the United States involving non-Department employee negligence or malpractice.
Furthermore, the bill mandates the VA to publish information regarding individuals' rights under this section, including procedures for filing claims and civil actions.
Expected Effects
The likely effect of this bill is increased transparency and accountability for healthcare providers at VA facilities, particularly contractors. This could lead to improved patient safety and quality of care for veterans. It may also result in increased legal action against negligent providers and potentially higher costs for the VA due to settlements and judgments.
Another effect could be that some non-Department providers may be hesitant to work at VA facilities due to increased liability. This could reduce the pool of available healthcare professionals for veterans. The bill could also lead to the revocation of authorization for providers with multiple malpractice or negligence allegations.
Potential Benefits
- Increased Accountability: Holds non-Department healthcare providers accountable for negligence or malpractice.
- Improved Transparency: Requires the VA to provide information about non-Department provider involvement in patient care.
- Enhanced Patient Safety: Aims to improve the quality of care by addressing provider misconduct.
- Notification of Malpractice: Ensures that licensing entities and the National Practitioner Data Bank are notified of malpractice judgments.
- Clarity of Rights: Provides veterans with clear information about their rights and procedures for filing claims.
Most Benefited Areas:
Potential Disadvantages
- Potential for Increased Costs: The VA may face higher costs due to settlements, judgments, and administrative burdens.
- Reduced Provider Availability: Some non-Department providers may be less willing to work at VA facilities due to increased liability.
- Possible Delays in Care: Revoking authorization for providers with multiple allegations could disrupt patient care.
- Increased Litigation: The bill may lead to more lawsuits against the VA and non-Department providers.
- Administrative Burden: The VA will need to establish processes for notification, appeals, and tracking covered cases.
Constitutional Alignment
The bill appears to align with the Constitution's general welfare clause (Preamble), as it seeks to improve healthcare services for veterans. It does not appear to infringe upon any specific constitutional rights, such as freedom of speech (Amendment I) or the right to bear arms (Amendment II). The bill's provisions regarding due process and legal proceedings are consistent with the Fifth and Fourteenth Amendments.
However, the bill's impact on contractual obligations could potentially raise concerns under the Contracts Clause (Article I, Section 10), although this is unlikely to be a significant issue. The bill primarily addresses the relationship between the government, healthcare providers, and veterans, rather than altering existing private contracts.
Overall, the bill seems to operate within the bounds of constitutional authority, as it primarily focuses on regulating the provision of healthcare services within the VA system.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).