VA "Providers" are not VA doctors

[Berta]

"The "Our Providers" online directory lists the primary licensed independent practice providers who may be a lead, ongoing member of your treatment team at the respective VA medical center. Providers in the following occupations are listed on this website: physicians, dentists, nurse practitioners, clinical nurse specialists, physician assistants, chiropractors, certified registered nurse anesthetists, optometrists, podiatrists, and psychologists.

By using this tool, you will be able to do a search of providers in the occupations listed above based upon your preferences and needs. For each provider, you will see the following: full name; gender; clinical product line to which they are “assigned”; where they received their medical training; and the school from which they received their medical degree. This information will be “refreshed” on a monthly basis. There may be staff who have been hired or who have departed the medical center since the last refresh of information.

For additional information on physicians, we also encourage you to use the "DocInfo" service offered by the Federation of State Medical Boards (FSMB). The FSMB website is updated monthly and is a public website to provide information related to any physician who is licensed in any US state, territory, or district." 

 

https://www.accesstocare.va.gov/ourproviders

You can search for your doctor in this link. If a VA Provider  such as in the Tally case, malpractices on you, and even if the OGC comfirms the malpractice, your 1151 and/or FTCA case will be denied.

You would then  have  to seek a lawyer to help you sue them in a Federal District Court.

 

 

[broncovet]

Great idea, Berta.  On a side note, in another post, I asked you a question specific to CUE, recently, on 38 CFR 4.6. 

[Berta]

Bumping this up-

The VA changed their web site and omitted ( as far as I can tell) this specific statement as to who the "Providers" are.

Many of the "independent practice providers" if not all of them are federal contractors from QTC, LHI, or VES.

They are replacing many doctors, and probably nurses and other professional VA medical employees at many, if not most of the VAMCs.

The Tally case became an ordeal for me. His lawyer said he would call me and discuss the case with me , because as a FTCAer myself, I mentioned certain things to him that concerned me. But I heard from the veteran instead-

After months of him telling news outlets and me what  small amount of $$$$$ he received from the VA, I learned his facts were not true.He had even told me they denied his 1151 claim. not so- they awarded him 100% P & T under 1151 and also he received a pretty good sized "litigation risk" settlement, but not under FTCA.

But the whole point I could not seem to make to them was-what proof did they have, that the malpracticing doctor was Not a VA employee. Al they had to do was check her name in the link above.

 

[ToxicSgt73]

Ms. Berta, 

I noticed at the VAMC I am going to My Blue Button Notes are showing the following: 

"Xxxxx Xxxxxxxxx

Contract Nurse Practitioner

Signed:   xx/xx/xx  00:00"

and

"Receipt Acknowledged By:

xx/xx/xx  00:00  /es/ Xxxxxxx    Xxxxxxxxx

STAFF PHYSICIAN"

 

This matches up to Staff listing you posted. That link is also under 'Providers' at each VAMC individual website. I am new to using VA medical so not familiar how it used to be. It appears VA is listing whether or not Contract or Staff at this facility.

Then I have a Specialist that is listed in the Blue Button Notes as co- signing with his specialty like 'Gastroenterology' but is not tagged as either Contract nor Staff.  But he is on the Faculty at the attached Medical School, I only saw the 5th year intern, who has already rotated out, never saw the doctor. I wonder what his status is? 

 

[Berta]

This is the Bill my OAWB complaint generated:

"S.221 - Department of Veterans Affairs Provider Accountability Act

116th Congress (2019-2020) | Get alerts

BILLHide Overview

Sponsor:             Sen. Gardner, Cory [R-CO] (Introduced 01/24/2019)

Committees:      Senate - Veterans' Affairs

Latest Action:    Senate - 05/22/2019 Committee on Veterans' Affairs. Hearings held.  (All Actions)"

I wrote to each sponsor as to how the bill had to be corrected. Nothing has been done since May as far as I know,

https://www.congress.gov/bill/116th-congress/senate-bill/221/text

[Berta]

There is also a Bill in the House , HR 4526, as to the accountability of "providers" when one files a SF 95.

It appears to only cover a fast response from the VA, when a SF 95 is filed, to determine if,in fact, the potential malpractice was cause by a Provider.****

I feel my Bill is much better-" The Rodney F Simmons VA Malpractice Accountability Act." But there are so many bills at the H VAC regarding veterans issues, I have no idea if they will ever consider it.

Certainly the H and S are aware of how the "Provider" situation can impact on veterans. But the real issue is to prevent malpractice before it happens.That is what my Bill could begin to change.

*** In the Brian Tally case,  the same attorney who signed my settlement under the auspices of the USA, told Mr. Tally and his lawyer that the malpracticing doctor ( the catastrophic malpractice had been determined by the VA)

that, they only learned the doctor was a "provider" eight months after the SF 95 was filed ,but by then the One year California Statute of Limits had run out.

In my FOIA I mentioned that it took me mere seconds to determine a VA doctor who had treated me long ago, was a contracting "Provider."

Something stinks about this whole case- and I was not given accurate info by the veteran, and neither he or his lawyer ever attempted to find out if the doctor was in fact a "provider". 

Still Congress seems to be fully aware of the fact that any veteran in the VA health care system has the right to know whether their medical providers work for a contractor or work for the VA.Brian Tally has been very vocal about the "Provider" issue,but I withdrew my support for him, because I was not given the facts,I asked for early  on, and when he told me the facts of the case, I was stunned and knew I had been misled.I cannot understand why. 

And  I certainly hope either one of his Bills does impact the VA.

The veteran, Tally, told me his 1151 was denied.I assumed it was denied because the doctor did not work for the VA.Months after the fact the veteran told me the actual situation, his 1151 was awarded and he  gets 1151 100% P & T, so contractors DO fall under 1151. But not FTCA.And he also got a "litigation risk" payment from OGC- something I sure never heard of before.

I am glad they noted the NPs status- maybe there has been some pressure on VA by now to start putting that info on ebenefits etc.

 

 

 

 

 

 

Edited November 21, 2019 by Berta