NewsBytes September 20, 2019
In this issue:
Bill Introduced to Protect from Medical Malpractice
CR Passage Pending
VA to Pay for Emergency Care
New Deputy Secretary
Senate Bill Introduced to Protect Active Duty from Medical Malpractice
Sens. John Kennedy (La.) and Mazie Hirono (Hawaii) recently introduced the SFC Richard Stayskal Military Medical Accountability Act (S.2451) to allow active duty service members to sue the military for medical malpractice and negligence. This bill is identical to a bill (H.R.2422) introduced by Congresswoman Jackie Speier (Calif.), Chair of the House Armed Services, Military Personnel Subcommittee (reported in 5/24/19 NewsBytes).
A Supreme Court decision in 1950 banned active duty service members from suing the military for medical malpractice or negligence, and this decision became known as the Feres Doctrine. This legislation will help overturn that decision.
Sgt. Richard Stayskal is the primary champion of this legislation. In two separate appointments, Army doctors detected a cancerous tumor growing in Sgt. Stayskal’s lungs, but they did not initiate the proper treatment or make him aware of the tumor’s existence. Under the Feres Doctrine, he could not sue the military hospital that failed to inform him of his condition for medical malpractice.
The provisions of this legislation are included in the House version of the FY2020 National Defense Authorization Act (NDAA-H.R.2500). Members are urged to contact their Senators on this issue listed on the FRA Action Center in the campaign titled “Ask Senators to Support House NDAA Provisions.”
CR Passage Pending
The House passed a Continuing Resolution (CR-H.R.4378) based on an agreement between the White House, Senate and House of Representatives that will keep the federal government open after Oct. 1, 2019, the beginning of the new fiscal year. The CR will keep government operating at the current spending levels until Nov. 21, 2019. The CR still needs to pass the Senate and be signed into law by the President before Oct. 1, 2019.
The bill will now go onto the Senate for consideration. The agreement may be unraveling in the Senate when Senate Democrats asked to renegotiate the deal regarding the issue of the border wall. Senate Democrats blocked consideration of House passed spending bills that included appropriations for Defense. Congress needs to pass and the President sign into law a CR before Oct. 1, 2019, to avoid another government shutdown.
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Court Tells VA to Pay for Emergency Care
The U.S. Court of Appeals for Veterans Claims recently ruled Wolfie v Wilkie that federal law requires the Department of Veterans Affairs (VA) to pay for veteran’s emergency room expenses if they are not covered by private insurance.
The ruling resulted in part from a reimbursement sought by Coast Guard veteran Amanda Wolfe, who had a bout of appendicitis and sought care at a nearby civilian hospital because the nearest VA hospital was three hours away. She filed a claim for $2,558.54 of the $22,348.25 bill, representing the amount not covered by her employer-sponsored health insurance. The VA denied the claim, saying that amount was for copayments, coinsurance and deductibles that it was not required to pay.
The court decision overturns the VA denial and requires the agency to reimburse veterans for out-of-pocket emergency medical bills not covered by private insurance, other than copayments. Because the case was ruled a class action, the National Veterans Legal Services Program, which helped represent plaintiffs, said any affected veteran must be reimbursed. It said based on the VA’s past estimates, the decision could cost the department $1.8 billion to $6.5 billion in reimbursements for service-connected claims filed or pending for hundreds of thousands of veterans from 2016 through 2025.
“The court’s decision rights a terrible injustice and its order ensures that veterans who were unjustly denied reimbursement for critical emergency treatment at non-VA facilities will finally be reimbursed,” said NVLSP Executive Director Bart Stichman.
VA has New Deputy Secretary
The Senate recently confirmed James Byrne as Deputy Secretary, the second-highest post at the Department of Veterans Affairs (VA). Byrne, a former Marine infantry officer who previously served as VA’s general counsel, was approved for the post by an 81-11 vote. His nomination has been pending since April, but he has been serving in the post as acting deputy secretary since August 2018.
Earlier, speaking on behalf of the nomination, Senate Veterans’ Affairs Committee (SVAC) Ranking Member Jon Tester, (Mont.) acknowledged that Byrne “has ruffled feathers among some here” in his dealings with some lawmakers on implementation of the VA Mission Act and other department priorities. But said he still supported the acting deputy for the permanent job. SVAC Chairman Senator Johnny Isakson (Ga.) praised Byrne and said we need to make his position permanent.
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