Sec. 714. Modification of administration of medical malpractice claims by members of the uniformed services
725 words·~3 min read·
/bill/118/hr/2670/eas/section-714·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2733a of title 10, United States Code, is amended— in subsection (a), by striking subsection
(f)and inserting subsection
(j); in subsection (b)(6), by striking subsection
(f)and inserting subsection
(j); in subsection (d)(1), by striking subsection
(f)and inserting subsection
(j); by redesignating subsections
(f)through
(i)as subsections
(j)through (m), respectively; and by inserting after subsection
(e)the following new subsections: The Secretary of Defense may not use an expert medical opinion from an individual in determining whether to allow, settle, and pay a claim under this section unless the individual is a board-certified physician. No claim under this section may be denied on medical grounds until the Secretary obtains an expert medical opinion on the medical malpractice alleged under such claim from an individual who— is not a member of the uniformed services or a civilian employee of the Department of Defense; and does not have a business, medical, or personal relationship with the claimant. If a claim under this section is denied, the Secretary shall provide to the claimant information regarding the identity and qualifications of any individual who provided an expert medical opinion upon which such denial is based. If a claim under this section is denied, the Secretary of Defense shall provide the claimant with detailed reasoning justifying the denial of the claim, including— copies of any written reports prepared by any expert upon which the denial is based; and all records and documents relied upon in preparing such written reports. Any appeal from the denial of a claim under this section shall be considered by a third-party review board jointly established by the Chief Judge of the United States Court of Appeals for the Armed Forces and the Secretary of Defense. The third-party review board established under paragraph
(1)shall consist of not more than five members, all of whom who possess sufficient legal or medical background, or both. A claimant under this section that seeks an appeal under paragraph
(1)may submit the appeal directly to the third-party review board established under such paragraph. In considering an appeal from the denial of a claim under this section, the third-party review board established under paragraph
(1)shall, at the request of the claimant, allow for a hearing on the merits of the appeal in an adversarial nature. The Secretary of Defense shall provide to a claimant seeking an appeal under paragraph
(1)a copy of any response to the appeal that is submitted on behalf of the Department of Defense. The third-party review board established under paragraph
(1)shall not consist of any member of the uniformed services or civilian employee of the Department of Defense. Any non-economic damages provided to a member of the uniformed services under this section may not be offset by compensation provided or expected to be provided by the Department of Defense or the Department of Veterans Affairs. The Secretary of Defense shall establish a cap on non-economic damages to be provided with respect to a claim under this section. The cap established under subparagraph
(A)shall be determined by calculating the average of non-economic damage caps for medical malpractice claims applicable in California, Texas, North Carolina, and Virginia. If a State specified in clause
(i)provides a different cap for cases involving death and cases not involving death, the cap for cases not involving death shall be used. The cap established under paragraph
(1)shall be recalculated not less frequently than once every three years. . Not later than 180 days after the date of the enactment of this Act, the Chief Judge of the United States Court of Appeals for the Armed Forces and the Secretary of Defense shall jointly appoint members to the board established under subsection (h)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5). Not later than 180 days after the establishment of the board required under subsection (h)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report indicating— the membership of the board; the qualifying background of each member of the board; and a statement indicating the independence of each member of the board from the Department of Defense.