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S 221 re:VA malpractice YIPPEE!!!

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Berta

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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!!!!!!!!

 

 

 

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I need to take back part of my Yippee!

There are problems with the way the bill has been worded.....I laid all that out at Ben Krauses's site this AM, under the article regarding: 

"

$950k Settlement: Veteran ‘Gutted Like A Fish’ By Incompetent VA Surgeon  

"

It is not the fault of the Senators who introduced this bill- they simply do not know what I know and I am refering them in the first paragraph to a copy of my 1151 award attached,  whcih contains the FTCA results....multiple doctors in 2 VAMCS, never reported to the NPDB.

It has been  taking me quite some time to prepare a letter to Senator  Gardner, cced to the other Senators who proposed this. I need to reduce the letter I already wrote. There is a lot to this issue. And I have a stack of evidence from over 20 years but need to send them the most impotant stuff....  hard to decide....it is all important.

I do not want to see this Bill become just lip service that the VA can ignore- as they have done in the past -countless times.... as I can prove. The Bill can Save Lives- if they heed my suggestions to amend it....with evidence I will attach.

 

 

 

 

 

 

Edited by Berta
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I have written to Senator Gardner and the co sponsors of how this bill ( S 221) MUST be changed.

None of the men and woman ( Susan Collins) as Senators, are , as far as I know ,veterans and never have had to be a VA patient.

The third change I want in my letter regards their use of the word "Providers" and that HAS TO BE CHANGED.

This AM ( GOD is so Good!)

I got notice of this:

https://americanmilitarynews.com/2019/04/op-ed-a-va-legal-loophole-ruined-my-life-and-now-i-want-to-change-the-law/

The Brain Tally story is searchable here and still a recent issue-

and as I said when I brought that info here, this could happen to ANY veteran in the VA health Care System.

The providers are replacing the VA employed doctors. Thus ,if they (a contracted provider from VES, QTC, LHI etc)) injure or kill you with piss poor VA health care, you have no recourse through FTCA or 1151 to be properly compensated for their medical errors.

Nor would your surviving spouse have any 1151 or FTCA recourse.

So there are two of us fighting this "deep state" tactic of the VA. 

Finally I am not alone- but have been for over 20 years trying to get the right answers from the VA....on NPDB, 1151, and the "providers" idea became one more recent loophole for VA to stave off responsibility.

When these bills pass ( and I asked for 3 amendments not one-) the VA health care system will have to CHANGE!.

Brian Tally has the above bill in Congress and my evidence to OAWB spurred the Bill in the Senate.

Is your doctor a real VA employee or are they a contractor, and not a VA employee? You have the legal and ethical right to know.

 

 

 

 

 

 

 

Edited by Berta
internet problems. cloud
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This is the Tally Bill:

Introduced in House (10/30/2018)

"Brian Tally VA Medical Care and Liability Improvement Act

This bill subjects independent contractors of the Department of Veterans Affairs (VA) who provide medical care to veterans at VA facilities to the same federal tort laws for medical malpractice that apply to VA health care personnel. An insurance claim for malpractice benefits by a contractor-defendant shall be subrogated to the United States.

 

The VA shall: (1) revoke the authorization to provide VA care of a contractor who has been the defendant in at least three cases during a five-year period that resulted in a judgment or settlement against the United States, and (2) bring an adverse action against certain VA health care personnel for similar reasons.”

 

https://www.congress.gov/bill/115th-congress/house-bill/7105

The Number 1 and number 2 " VA shall:"   will not help- that is what my S 221 Bill is about ( the NPDB mandate that VA has violated for years.

The first paragraph is Perfect!!!!!!!!!!!!!!!! and the same point I made in my letters to the sponsors and co sposors of S221.

I am trying to contact Brian Tally- He has a facebook page on all this - that other veteran have joined in the same situations I guess- of VA malpractice, but unfortunately I dont do Facebook. I emailed his lawyer.

 

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