117 HR 8831 IH: Seaman Danyelle Luckey Military Medical Accountability Amendment Act of 2022 U.S. House of Representatives 2022-09-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 8831IN THE HOUSE OF REPRESENTATIVESSeptember 14, 2022Ms. Speier (for herself and Mr. DeSaulnier) introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo amend title 10, United States Code, to authorize certain claims for personal injury or death caused by medical malpractice onboard certain naval vessels, and for other purposes.

1.

Short title

This Act may be cited as the Seaman Danyelle Luckey Military Medical Accountability Amendment Act of 2022.

2.

Authorization of certain claims for personal injury or death caused by medical malpractice onboard certain naval vessels

(a)

Authorization

Section 2733a of title 10, United States Code, is amended—(1)in subsection (b)(3), by inserting or onboard a covered naval vessel of the United States that, at the time of such occurrence, was not engaged in combat operations after facility; and(2)in subsection (i)—(A)by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and(B)by inserting after paragraph (1) the following new paragraph:(2)

Covered naval vessel

The term covered naval vessel means an aircraft carrier or amphibious ship..(b)

Applicability; filing period for certain claims

(1)

Applicability

The amendments made by subsection (a) shall apply with respect to claims that accrue—(A)during the period described in paragraph (2)(B); or(B)on or after the date of the enactment of this Act.(2)

Filing period

(A)

In general

Any claim regarding an act or omission constituting medical malpractice onboard a navel vessel as specified in section 2733a(b)(3) of title 10, United States Code (as amended by subsection (a)) that accrues during the period described in subparagraph (B) and is filed not later than 90 days after the date of the enactment of this Act—(i)shall be deemed to be filed within the time period specified in section 2733a(b)(4) of such title; and(ii)notwithstanding section 2735 of such title, may be allowed, settled, and paid under section 2733a(a) of such title.(B)

Period described

The period described in this subparagraph is the period beginning on October 1, 2016, and ending on the day before the date of the enactment of this Act.