S 221 re:VA malpractice YIPPEE!!!

[Berta]

This article on S 221 is exactly what I hoped my OAWB complaint would lead to- that something has to be done!

I emailed the Triage OAWB manager to see if the evidence I sent to them ,starting this past June , had input into it -otherwise I will send it to the Senate VAC.

In part the article reads:

"The VA Provider Accountability Act, S. 221, sponsored on Jan. 24 by Sen. Gardner, who was joined by original cosponsors Sens. Moran, Collins, Cassidy and U.S. Sen. Joe Manchin (D-WV), would amend title 38 of the 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, as well as to applicable state licensing boards, among other purposes, according to text of the bill.

“It is critical that those on the front lines of caring for our veterans are held to the highest level of accountability,” said Sen. Moran. “For too long, mistakes made by VA providers have been concealed by the VA and not reported to the appropriate state and federal databases.”

https://riponadvance.com/stories/senate-republicans-tout-benefits-of-va-provider-accountability-act/

 

This could impact as well on my 1151 complaints to OAWB.

"Area 1151" as I call it, holds no outerspace aliens- it is where the VA hides their 1151 payouts.

Between me ( on 115 1 DIC  1994 until 2009 , then it changed to direct SC )and my husband's Vietnam Vet buddy (they both worked for VA) and I got him 100% P & T under 1151 about 22  years ago-if you consider the math alone, VA  has paid us a bundle that of cash that is solely due to VA malpractice.

( MY FTCA offset as refunded by my AO DMII death claim-but without filing that claim, it would still be 1151 money for 24 years.)

I dont have a problem with 1151 comp for any deserving vet or widow- but I do have problems with the fact that these negligent medical people who actually work for the VA ( Unlike the VA's contractor program- hiring contracting medical personnel who are NOT VA employeess, therefore Not subject to FTCA or 1151)yet can treat veterans,

are never disciplined in any way for causing 1151 awards.

This is GREAT NEWS! I just hope it gets enough sponsors and gets passed.

I have been griping on this issue to anyone who could change it for 24 YEARS!!!!!!

That included the House VAC , under Jeff Miller, years ago and the Office of General Counsel, many times since my FTCA settlement.

I am estatic !!!!!! This can and will SAVE LIVES!!!!!!!!

 

 

 

[Berta]

One more thing to add- ( maybe this should be in the FTCA forum too)

It has always bothered me that 1151 awards do not appear in a separate accounting in BVA annual reports to Congress.

I emailed the BVA ombusman last year to see where and how the BVA report to Congress accounts for any 1151 awards.

He told me that they are absorbed into the general total for service connected awards, in their annual reportand when he confirmed what I feared, I had even more evidence for the OAWB.

115l awards however , made at the Regional Level are filed in an illusive " Area 1151" but the VA knows where those awards are and how much they cost the taxpayers, solely due to piss poor VA health care. 

 

Edited February 22, 2019 by Berta

[broncovet]

Berta..you should run for president.  I really believe you can "fix VA", altho I do think Trump has done a lot of good.  If you couldnt fix VA, Im not even sure God could fix it, because there are people who could unfix it before the sun rises.  

[Berta]

Right-things get unfixed- but Trump has done a lot of good so far-

I dont think I can fix much of anything- VA-  Broncovet but I have sure tried for over 20 years-

They did use 2 of my suggestions in the Modernization Act, and I planned on pushing for accountability for better C & P exams, some I have received are outrageous , and well as others here, and I called the WH the other day to see if they are going to send me the actual exam one of their decisions was based on-I have been waiting since August for it and tried every other way I know of to get it-*

but vets themselves will need to start griping to whoever will listen ( such as the House and Senate Veterans Affairs Committees )to get that C & P crap changed- I believe this S 221 bill will need more input and I know where the VA dirty underwear is hidden, on that matter.So my focus is solely on that and not on C & P problems.

I strongly believe that some lawyer out there should consider a Class Action lawsuit to recover any IMO fee any  vet had to pay to get a thorough reading of their SMRS, Med Recs, C file etc, - an IMO that awarded their claim.

It is grossly unfair that we even  have to consider IMO/IMEs to get proper decisions.

Any interested party can attempt to give testimony by proxy  or in person, to the H & S VACs regarding the numerous types of hearings they hold. It helps to be specific if the hearing or discussion is held by the Sub Committee on Disability and Memorials. And to write to their Chairman/woman first to see if the testimony would be appropriate. When I testified by proxy, it was via an invitation from the SubCommittee, due to a letter I had sent to former Sec Shinseki. 

Veterans have more power than they realize.

* that denial was reversed under my CUE in 3 weeks- that is not the point- how many vets or widows like me would even know the VA committed a CUE, and might walk away from a valid claim,and erroneous denial without even appealing it, or filing a prime facie CUE on it.????

 

 

Edited February 23, 2019 by Berta

[Vync]

It's scary when you realize they were not doing this in the first place

[Berta]

https://www.disabledveterans.org/2019/03/05/gao-report-shows-disqualified-va-doctors-hired-to-treat-veterans/

I have not received this GAO report yet-

I bet there are far more disqualified than they (GAO)know.

I will be working on this issue for the rest of this week------might not be here much.

It is a big reason why the VA commits malpractice.

 

[Berta]

Just got it, if anyone in interested:

https://www.gao.gov/products/GAO-19-6