December 19, 2019 - Issue: Vol. 165, No. 206 — Daily Edition116th Congress (2019 - 2020) - 1st Session

[Pages S7229-S7230]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       DEPARTMENT OF VETERANS AFFAIRS PROVIDER ACCOUNTABILITY ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Committee on Veterans' Affairs be discharged from further consideration 
of S. 221 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 221) to amend title 38, United States Code, to 
     require the Under Secretary of Health to report major adverse 
     personnel actions involving certain health care employees to 
     the National Practitioner Data Bank and to applicable State 
     licensing boards, and for other purposes.

  The PRESIDING OFFICER. Is there objection to proceeding to the 
measure?
  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. McCONNELL. I ask unanimous consent that the Gardner substitute 
amendment at the desk be considered and agreed to; that the bill, as 
amended, be considered read a third time and passed; and that the 
motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Is there objection?

[[Page S7230]]

  Without objection, it is so ordered.
  The amendment (No. 1271), in the nature of a substitute, was agreed 
to as follows:

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Department of Veterans 
     Affairs Provider Accountability Act''.

     SEC. 2. ACCOUNTABILITY WITHIN VETERANS HEALTH ADMINISTRATION.

       (a) Reporting Major Adverse Actions to National 
     Practitioner Data Bank and State Licensing Boards.--Section 
     7461 of title 38, United States Code, is amended by adding at 
     the end the following new subsection:
       ``(f)(1) Whenever the Under Secretary for Health (or an 
     official designated by the Under Secretary) brings charges 
     based on conduct or performance against a section 7401(1) 
     employee and as a result of those charges a covered major 
     adverse action is taken against the employee, the Under 
     Secretary shall, not later than 30 days after the date on 
     which such covered major adverse action is carried out--
       ``(A) transmit to the National Practitioner Data Bank of 
     the Department of Health and Human Services and the 
     applicable State licensing board the name of the employee, a 
     description of the covered major adverse action, and a 
     description of the reason for the covered major adverse 
     action; and
       ``(B) update the VetPro System, or successor system, with a 
     record of the covered major adverse action taken and an 
     indication that information was transmitted under 
     subparagraph (A).
       ``(2) The Under Secretary for Health--
       ``(A) shall enroll all 7401(1) employees in a continuous 
     query of their record within the National Practitioner Data 
     Bank; and
       ``(B) shall develop and implement a mechanism for 
     maintaining and updating the information collected through 
     such continuous query within the VetPro System, or successor 
     system, to facilitate the sharing of such information between 
     Veterans Integrated Service Networks.
       ``(3) In this subsection, the term `covered major adverse 
     action' means a major adverse action with respect to a 
     section 7401(1) employee that originated from circumstances 
     in which the behavior of the employee so substantially failed 
     to meet generally-accepted standards of clinical practice as 
     to raise reasonable concern for safety of patients.''.
       (b) Prohibition on Signing Settlements With Certain 
     Clauses.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary of Veterans Affairs may not enter into a settlement 
     agreement relating to an adverse action against a section 
     7401(1) employee under which the Department of Veterans 
     Affairs would be required to conceal a serious medical error 
     or a lapse in generally-accepted standards of clinical 
     practice.
       (2) Exception.--Paragraph (1) shall not apply to a negative 
     record if the head of the Office of Accountability and 
     Whistleblower Protection of the Department and the Special 
     Counsel (established by section 1211 of title 5, United 
     States Code) jointly certify that the negative record is not 
     legitimate.
       (c) Training on Credentialing and Privileging.--The Under 
     Secretary for Health of the Department of Veterans Affairs 
     shall provide to all staff of the Veterans Health 
     Administration who handle hiring, privileging, and 
     credentialing mandatory training on--
       (1) all policies of the Veterans Health Administration for 
     credentialing and privileging; and
       (2) when and how to report adverse actions to the National 
     Practitioner Data Bank of the Department of Health and Human 
     Services, State licensing boards, and other relevant 
     entities.
       (d) Sense of Congress on Updates to the VHA Handbook.--It 
     is the sense of Congress that--
       (1) Congress recognizes that the confusion regarding 
     practices in the Veterans Health Administration for reporting 
     to State licensing boards stems from a lack of guidance in 
     the Veterans Health Administration handbook 1100.18;
       (2) Congress strongly recommends that the Secretary of 
     Veterans Affairs update such handbook to ensure that 
     employees of the Veterans Health Administration, officials of 
     the Veterans Integrated Services Networks, and officials of 
     the Department of Veterans Affairs understand and are able to 
     utilize the role of State licensing boards to effectively 
     prevent instances of failed reporting and future patient 
     safety concerns;
       (3) Congress recognizes the broad authority of the Veterans 
     Health Administration to report to State licensing boards 
     those employed or separated health care professionals whose 
     behavior and clinical practice so substantially failed to 
     meet generally-accepted standards of clinical practice as to 
     raise reasonable concern for safety of patients and requests 
     that such handbook is updated to reflect appropriate 
     reporting channels to ensure employee understanding of those 
     procedures and authorities; and
       (4) in developing the new handbook, the Secretary of 
     Veterans Affairs should consult with--
       (A) State licensing boards;
       (B) the Centers for Medicare & Medicaid Services;
       (C) the National Practitioner Data Bank of the Department 
     of Health and Human Services; and
       (D) the exclusive representative of section 7401(1) 
     employees.
       (e) Section 7401(1) Employee Defined.--In this section, the 
     term ``section 7401(1) employee'' has the meaning given that 
     term in section 7461(c)(1) of title 38, United States Code.
  The bill (S. 221), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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