1.This Act may be cited as
the Veterans Health Care Quality
Improvement Act
.
2.Standards for
appointment and practice of physicians in Department of Veterans Affairs
medical facilities
(a)
(1)Subchapter I of chapter 74 of title 38, United States
Code, is amended by inserting after section 7402 the following new
section:
7402A.Appointment
and practice of physicians: standards
(a)The Secretary shall, acting through the Under Secretary
for Health, prescribe standards to be met by individuals in order to qualify
for appointment in the Administration in the position of physician and to
practice as a physician in medical facilities of the Administration. The
standards shall incorporate the requirements of this section.
(b)Disclosure of
certain information before appointmentEach individual seeking
appointment in the Administration in the position of physician shall do the
following:
(1)Provide the
Secretary a full and complete explanation of the following:
(A)Each lawsuit,
civil action, or other claim (whether open or closed) brought against the
individual for medical malpractice or negligence (other than a lawsuit, action,
or claim closed without any judgment against or payment by or on behalf of the
individual).
(B)Each payment made
by or on behalf of the individual to settle any lawsuit, action, or claim
covered by subparagraph (A).
(C)Each
investigation or disciplinary action taken against the individual relating to
the individual's performance as a physician.
(2)Submit a written
request and authorization to the State licensing board of each State in which
the individual holds or has held a license to practice medicine to disclose to
the Secretary any information in the records of such State on the
following:
(A)Each lawsuit,
civil action, or other claim brought against the individual for medical
malpractice or negligence covered by paragraph (1)(A) that occurred in such
State.
(B)Each payment made
by or on behalf of the individual to settle any lawsuit, action, or claim
covered by subparagraph (A).
(C)Each medical
malpractice judgment against the individual by the courts or administrative
agencies or bodies of such State.
(D)Each disciplinary
action taken or under consideration against the individual by an administrative
agency or body of such State.
(E)Any change in the
status of the license to practice medicine issued the individual by such State,
including any voluntary or nondisciplinary surrendering of such license by the
individual.
(F)Any open
investigation of the individual by an administrative agency or body of such
State, or any outstanding allegation against the individual before such an
administrative agency or body.
(G)Any written
notification to the individual by such State of a potential termination of such
license for cause or otherwise.
(c)Disclosure of
certain information following appointment(1)Each individual
appointed in the Administration in the position of physician after the date of
the enactment of the Veterans Health Care Quality Improvement Act shall, as a
condition of service under the appointment, disclose to the Secretary, not
later than 30 days after the occurrence of such event, the following:
(A)A judgment against the individual for
medical malpractice or negligence.
(B)A payment made by or on behalf of the
individual to settle any lawsuit, action, or claim disclosed under paragraph
(1) or (2) of subsection (b).
(C)Any disposition of or material change
in a matter disclosed under paragraph (1) or (2) of subsection (b).
(2)Each individual appointed in the
Administration in the position of physician as of the date of the enactment of
the Veterans Health Care Quality Improvement Act shall do the following:
(A)Not later than the end of the 60-day
period beginning on the date of the enactment of that Act and as a condition of
service under the appointment after the end of that period, submit the request
and authorization described in subsection (b)(2).
(B)Agree, as a condition of service under
the appointment, to disclose to the Secretary, not later than 30 days after the
occurrence of such event, the following:
(i)A judgment against the individual
for medical malpractice or negligence.
(ii)A payment made by or on behalf of
the individual to settle any lawsuit, action, or claim disclosed pursuant to
subparagraph (A) or under this subparagraph.
(iii)Any disposition of or material
change in a matter disclosed pursuant to subparagraph (A) or under this
subparagraph.
(3)Each individual appointed in the
Administration in the position of physician shall, as part of the biennial
review of the performance of the physician under the appointment, submit the
request and authorization described in subsection (b)(2). The requirement of
this paragraph is in addition to the requirements of paragraph (1) or (2), as
applicable.
(d)Investigation
of disclosed matters(1)The Director of the
Veterans Integrated Services Network (VISN) in which an individual is seeking
appointment in the Administration in the position of physician shall perform an
investigation (in such manner as the standards required by this section shall
specify) of each matter disclosed under subsection (b) with respect to the
individual.
(2)The Director of the Veterans
Integrated Services Network in which an individual is appointed in the
Administration in the position of physician shall perform an investigation (in
a manner so specified) of each matter disclosed under subsection (c) with
respect to the individual.
(3)The results of each investigation
performed under this subsection shall be fully documented.
(e)Approval of
appointments by Directors of VISNs(1)An individual may not
be appointed in the Administration in the position of physician without the
approval of the Director of the Veterans Integrated Services Network in which
the individual will first serve under the appointment.
(2)In approving the appointment under
this subsection of an individual for whom any matters have been disclosed under
subsection (b), a Director shall—
(A)certify in writing the completion of
the performance of the investigation under subsection (d)(1) of each such
matter, including the results of such investigation; and
(B)provide a written justification why
any matters raised in the course of such investigation do not disqualify the
individual from appointment.
(3)A Director shall provide copies of
the certification and the written justification with respect to an individual
under paragraph (2) to the National Quality Assurance Officer and the Quality
Assurance Officer of the Network in which the individual will first serve under
the approved appointment.
(f)Enrollment of
physicians with practice privileges in Proactive Disclosure
ServiceEach medical facility of the Department at which
physicians are extended the privileges of practice shall enroll each physician
extended such privileges in the Proactive Disclosure Service of the National
Practitioners Data Bank
(g)Encouragement
of employment of physicians with board certificationThe
Secretary shall include in each performance contract with a Director of a
Veterans Integrated Services Network a provision that encourages the Director
to hire in such Network physicians who are board certified in the specialty in
which the physicians will practice. Each such provision shall include such
elements as the Secretary considers
appropriate.
.
(2)The table of sections at the beginning of chapter 74 of
such title is amended by inserting after the item relating to section 7402 the
following new item:
7402A. Appointment and practice of physicians:
standards.
.
(b)Effective date
and applicability
(1)Except as provided in paragraph (2) and (3), the amendments
made by subsection (a) shall take effect on the date of the enactment of this
Act.
(2)Enrollment in
Proactive Disclosure Service of physicians practicing on effective
dateIn the case of an individual appointed to the Veterans
Health Administration in the position of physician as of the date of the
enactment of this Act, the requirements of subsection (f) of section 7402A of
title 38, United States Code, as added by subsection (a), shall take effect on
the date that is 60 days after the date of the enactment of this Act.
(3)Contract
provisions encouraging employment of physicians with board
certificationThe provisions of subsection (g) of such section
7402A, as so added, shall apply to any performance contract of a Director of a
Veterans Integrated Services Network entered into during or after the first
cycle of such performance contracts beginning on or after that date.
3.Enhancement of
quality assurance by the Veterans Health Administration
(a)Enhancement of
quality assurance through quality assurance officers
(1)Subchapter II of chapter 73 of title 38, United States
Code, is amended by inserting after section 7311 the following new
section:
7311A.Quality
assurance officers
(a)National
quality assurance officer(1)The Under Secretary for
Health shall designate an official of the Veterans Health Administration to act
as the principal quality assurance officer for the quality-assurance program
required by section 7311 of this title. The official so designated may be known
as the National Quality Assurance Officer of the Veterans Health
Administration
(in this section referred to as the National
Quality Assurance Officer
).
(2)The National Quality Assurance
Officer shall report directly to the Under Secretary for Health in the
discharge of responsibilities and duties of the Officer under this
section.
(3)The National Quality Assurance
Officer shall be the official within the Administration who is principally
responsible for the quality-assurance program referred to in paragraph (1). In
carrying out that responsibility, the Officer shall be responsible for—
(A)establishing and enforcing the
requirements of that program; and
(B)carrying out such other
responsibilities and duties relating to quality assurance in the Administration
as the Under Secretary for Health shall specify.
(4)The requirements under paragraph (3)
shall include requirements regarding the following:
(A)A confidential system for the
submittal of reports by Administration personnel regarding quality assurance at
Department facilities.
(B)Mechanisms for the peer review of the
actions of individuals appointed in the Administration in the position of
physician.
(C)Mechanisms for the accountability of
the facility director and chief medical officer of each Administration medical
facility for the actions of physicians in such facility.
(b)Quality
assurance officers for VISNs(1)The Director of each
Veterans Integrated Services Network (VISN) shall appoint an official of the
Network to act as the quality assurance officer of the Network.
(2)Each official appointed as a quality
assurance officer under this subsection shall be a board-certified
physician.
(3)The quality assurance officer for a
Veterans Integrated Services Network shall report to the Director of the
Veterans Integrated Services Network, and to the National Quality Assurance
Officer, regarding the discharge of the responsibilities and duties of the
officer under this section.
(4)The quality assurance officer for a
Veterans Integrated Services Network shall—
(A)direct the quality assurance office in
the Network; and
(B)coordinate, monitor, and oversee the
quality-assurance programs and activities of the Administration medical
facilities in the Network in order to ensure the thorough and uniform discharge
of quality assurance requirements under such programs and activities throughout
such facilities.
(c)Quality
assurance officers for medical facilities(1)The director of each
Administration medical facility shall appoint a quality assurance officer for
that facility.
(2)Each official appointed as a quality
assurance officer under this subsection shall be a board-certified
physician.
(3)The official appointed as a quality
assurance officer for a facility under this subsection shall be a practicing
physician at the facility. If the official appointed as quality assurance
officer for a facility has other clinical or administrative duties, the
director of the facility shall ensure that those duties are sufficiently
limited in scope so as to ensure that those duties do not prevent the officer
from effectively discharging the responsibilities and duties of quality
assurance officer at the facility.
(4)The quality assurance officer for a
facility shall report directly to the director of the facility, and to the
quality assurance officer of the Veterans Integrated Services Network in which
the facility is located, regarding the discharge of the responsibilities and
duties of the quality assurance officer under this section.
(5)The quality assurance officer for a
facility shall be responsible for designing, disseminating, and implementing
quality-assurance programs and activities for the facility that meet the
requirements established by the National Quality Assurance Officer under
subsection
(a).
.
(2)The table of sections at the beginning of chapter 73 of
such title is amended by inserting after the item relating to section 7311 the
following new item:
7311A. Quality assurance
officers.
.
(b)Reports on
quality concerns under quality-assurance programSection 7311(b)
of such title is amended by adding at the end the following new
paragraph:
(4)As part of the quality-assurance
program, the Under Secretary for Health shall establish mechanisms through
which employees of Administration facilities may submit reports, on a
confidential basis, on matters relating to quality of care in Administration
facilities to the quality assurance officers of such facilities under section
7311A(c) of this title and to the quality assurance officers of the Veterans
Integrated Services Networks (VISNs) in which such facilities are located under
section 7311A(b) of this title. The mechanisms shall provide for the prompt and
thorough review of any reports so submitted by the receiving
officials.
.
(c)Review of
current health care quality safeguards
(1)The Secretary of Veterans Affairs shall conduct a
comprehensive review of all current policies and protocols of the Department of
Veterans Affairs for maintaining health care quality and patient safety at
Department of Veterans Affairs medical facilities. The review shall include a
review and assessment of the National Surgical Quality Improvement Program
(NSQIP), including an assessment of—
(A)the efficacy of
the quality indicators under the program;
(B)the efficacy of
the data collection methods under the program;
(C)the efficacy of
the frequency with which regular data analyses are performed under the program;
and
(D)the extent to
which the resources allocated to the program are adequate to fulfill the stated
function of the program.
(2)Not
later than 60 days after the date of the enactment of this Act, the Secretary
shall submit to Congress a report on the review conducted under paragraph (1),
including the findings of the Secretary as a result of the review and such
recommendations as the Secretary considers appropriate in light of the
review.
4.Incentives to
encourage high-quality physicians to serve in the Veterans Health
Administration
(a)
(1)Subchapter III of chapter 74 of title 38, United States
Code, is amended by inserting after section 7431 the following new
section:
7431A.Physicians:
additional incentives for service in hard-to-fill positions
(a)Loan repayment
for physicians who serve in hard-To-fill positions(1)In order to recruit and
retain physicians in the Administration in hard-to-fill positions (as
designated by the Secretary for purposes of this subsection), the Secretary
shall carry out a program under which the Secretary may repay, for each
individual who agrees to serve as a physician for a period of not less than
three years in an Administration facility in such a position and seeks such
repayment, any loan of such individual as follows:
(A)Any loan of the individual described
in paragraphs (1) through (4) of section 16302(a) of title 10.
(B)Any other loan of the individual
designated by the Secretary for purposes of this subsection the proceeds of
which were used by the individual to finance education leading to the medical
degree of the individual.
(2)Each individual seeking repayment of
loans under paragraph (1) shall enter into an agreement with the Secretary
regarding the repayment of loans. Under the agreement, the individual shall
agree—
(A)to perform satisfactory service in a
physician position specified in the agreement in an Administration facility
specified in the agreement for such period of years as the agreement shall
specify; and
(B)to possess and retain for the period
of the agreement such professional qualifications as are necessary for the
service specified under subparagraph (A).
(3)Repayment of loans under this
subsection shall be made on the basis of complete years of service under the
agreement under this subsection. The amount to be repayed under an agreement
under this subsection for a complete year of service specified in the agreement
shall be such amount, not to exceed $30,000, for each complete year of service
as the agreement shall specify.
(4)An individual receiving loan
repayment under paragraph (1) who does not satisfy the requirements of the
agreement under paragraph (2) shall be subject to such repayment requirements
as the Secretary shall specify in the agreement.
(b)Tuition
reimbursement for physician students who agree To serve in hard-To-fill
positions(1)In order to recruit and
retain physicians in the Administration in hard-to-fill positions (as
designated by the Secretary for purposes of this subsection), the Secretary
shall carry out a program under which the Secretary may reimburse individuals
who are enrolled in a course of education leading toward board certification as
a physician and seek such reimbursement for the tuition charged for pursuit of
such course of education if such individuals agree to serve as a physician in
an Administration facility in such a position.
(2)Each individual seeking tuition
reimbursement under paragraph (1) shall enter into an agreement with the
Secretary regarding such tuition reimbursement. Under the agreement, the
individuals shall agree—
(A)to satisfactorily complete the course
of education of the individual described in paragraph (1); and
(B)upon completion of the course of
education, to become board-certified as a physician; and
(C)upon completion of the matters
referred to in subparagraphs (A) and (B)—
(i)to perform satisfactory service in
a physician position specified in the agreement in an Administration facility
specified in the agreement for such period of years as the agreement shall
specify; and
(ii)to possess and retain for the
period of the agreement such professional qualifications as are necessary for
the service specified under clause (i).
(3)The amount of reimbursement payable
to an individual under paragraph (1) for a year may not exceed $30,000.
(4)Any individual receiving tuition
reimbursement under paragraph (1) who does not satisfy the requirements of the
agreement under paragraph (2) shall be subject to such repayment requirements
as the Secretary shall specify in the agreement.
(5)An individual receiving tuition
reimbursement under paragraph (1) for pursuit of a course of education shall
also be paid a stipend in the amount of $5,000 for each academic year of
pursuit of such course of education after entry into an agreement under
paragraph (2).
(c)Participation
in FEHBP of physicians who serve part-time in hard-To-fill
positions(1)In order to recruit and
retain physicians in the Administration in hard-to-fill positions (as
designated by the Secretary for purposes of this subsection), an individual not
otherwise eligible for health insurance under chapter 89 of title 5 who agrees
to serve as a physician in an Administration facility in such a position for
not less than five days per month (of which two days must occur in each 14-day
period) shall be eligible for enrollment in the health benefit plans under
chapter 89 of title 5 on a self only or self and family basis (as
applicable).
(2)The Secretary shall administer this
subsection in consultation with the Director of the Office of Personnel
Management.
(d)It is the sense of Congress that the Secretary should
undertake active and on-going efforts to establish additional incentive
programs to encourage individuals to serve in the position of physician in the
Administration, or otherwise practice in the Administration, in hard-to-fill
positions, including, in particular, incentive programs to encourage more
experienced physicians to serve or practice in such positions.
(e)The
incentives required under this section are in addition to any other special
pays or benefits to which the individuals covered by this section are eligible
or entitled under
law.
.
(2)The table of sections at the beginning of chapter 74 of
such title is amended by inserting after the item relating to section 731 the
following new item:
7431A. Physicians: additional incentives for service in
hard-to-fill
positions.
.
(b)Affiliation of
Department of Veterans Affairs medical facilities with medical
schoolsThe Secretary of Veterans Affairs shall, to the extent
practicable, require each medical facility of the Department of Veterans
Affairs to seek to establish an affiliation with a medical school within
reasonable proximity of such medical facility.
5.
(a)Not later than December 15, 2009, and each
year thereafter through 2012, the Secretary of Veterans Affairs shall submit to
the congressional veterans affairs committees a report on the implementation of
this Act and the amendments made by this Act during the preceding fiscal year.
Each report shall include, for the fiscal year covered by such report, the
following:
(1)A comprehensive
description of the implementation of this Act and the amendments made by this
Act.
(2)Such
recommendations as the Secretary considers appropriate for legislative or
administrative action to improve the authorities and requirements in this Act
and the amendments made by this Act or to otherwise improve the quality of
health care and the quality of the physicians in the Veterans Health
Administration.
(b)Congressional
veterans affairs committees definedIn this section, the term
congressional veterans affairs committees means—
(1)the Committees on
Veterans' Affairs and Appropriations of the Senate; and
(2)the Committees on
Veterans' Affairs and Appropriations of the House of Representatives.