HR 2640119th CongressIn Committee

Brian Tally VA Employment Transparency Act of 2025

Introduced: Apr 3, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Brian Tally VA Employment Transparency Act of 2025 would overhaul how health care providers—specifically contractors and physicians—at Department of Veterans Affairs facilities are held accountable for medical malpractice. Key changes include expanding how non-VA health care contractors are treated under Federal tort claims laws (FTCA), creating new triggers to revoke a contractor’s authorization to provide care at VA facilities, increasing reporting and transparency about adverse outcomes, and strengthening disciplinary actions against VA physicians after repeated malpractice findings. The bill also requires public information about rights and procedures for pursuing claims and authorizes specific post-judgment notifications to licensing boards and the National Practitioner Data Bank. The amendments would take effect for actions covered under 38 U.S.C. 7316 occurring after enactment. In short, the bill aims to tighten oversight of non-VA contractors and VA physicians, increase transparency around malpractice outcomes, and create stronger consequences for repeated malpractice involving VA care.

Key Points

1Expands treatment of non-Department health care providers under 38 U.S.C. 7316 by adding a provision that links the availability of certain Federal tort claims processes to the VA Secretary’s disclosure of specific information within 45 days after notice of a malpractice action. This creates a framework where information sharing can affect whether a matter proceeds under FTCA versus other legal avenues.
2Adds a mechanism to revoke a non-Department provider’s authorization to furnish hospital care, medical services, or nursing home care at VA facilities after five or more separate “covered cases” in a five-year period, and allows the Secretary to bar future contracts with the provider. Includes a process for the provider to appeal such action.
3Provides clear definitions for key terms, including “covered case” (cases that resulted in judgments, settlements, or compromises involving the United States or the non-Department provider) and “non-Department provider” (a health care provider not employed by the federal government but contracted to provide care at VA facilities; excludes certain 1703 providers).
4Requires post-judgment reporting: within 30 days of a judgment finding negligence or malpractice by a non-Department provider, the VA Secretary must notify each State licensing entity where the provider is licensed and report the judgment to the National Practitioner Data Bank (NPDB).
5Strengthens accountability for VA physicians: the Under Secretary would initiate charges for professional conduct or competence against a VA employee who, within five years, is defendants in three or more separate civil malpractice actions or proceedings under 7316 that result in judgments or settlements (and clarifies related reporting for actions under 7316 that resulted in judgments or settlements).

Impact Areas

Primary group/area affected- Non-Department health care contractors who provide care at VA facilities, and the VA facilities that employ or contract with them. The bill could lead to loss of authorization to provide care and to new contracting restrictions after repeated malpractice cases.- VA patients and their families, who could experience changes in how malpractice claims are handled (FTCA applicability, choice of court, and potential changes in recourse).- VA physicians and other VA health care staff, due to enhanced disciplinary triggers tied to multiple malpractice actions.Secondary group/area affected- State licensing boards and the National Practitioner Data Bank, which would receive prompt post-judgment notifications about malpractice findings involving non-Department providers.- The federal court system and state courts, due to the clarified framework for where certain actions can be pursued (FTCA vs. state-law claims) and the prohibition on pursuing dual court actions.Additional impacts- Increased transparency and public information: the VA would publish online explanations of rights, procedures, and time limits related to these claims, potentially affecting patient awareness and expectations.- Contracting and procurement policies at the VA could become more restrictive toward providers with repeated malpractice findings, impacting the vetting and renewal of contractor agreements.

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