Morgan Luttrell

04/03/2025 | Press release | Distributed by Public on 04/04/2025 07:56

Congressman Morgan Luttrell Introduces the Brian Tally VA Employment Transparency Act of 2025 to Improve Accountability in VA Health Care

WASHINGTON - Congressman Morgan Luttrell (R-TX) introduced the Brian Tally VA Employment Transparency Act of 2025, a critical piece of legislation aimed at ensuring accountability and transparency within the Department of Veterans Affairs (VA) health care system. This bill is named after Brian Tally, a Marine Corps veteran who suffered devastating consequences due to medical negligence at a VA hospital and the lack of accountability within the system.

"Our veterans deserve the highest standard of care, and they deserve to know that those entrusted with their health will be held accountable," said Congressman Luttrell. "This legislation ensures transparency and safeguards veterans from negligent medical providers, whether they are directly employed by the VA or working under contract."

Key Provisions of the Act:

1. Non-Department Provider Accountability:

  • Requires the VA to provide affected individuals with details on malpractice cases involving non-VA providers within 45 days of a civil action being filed.
  • Prohibits non-VA providers with five or more malpractice cases within five years from working in VA facilities.
  • Establishes an appeals process for providers who have their authorization revoked.

2. Notification Requirements:

  • Mandates that the VA report malpractice judgments to state licensing boards and the National Practitioner Data Bank.
  • Requires the VA to publicly post information about veterans' rights, claims procedures, and time limits for recovery.

3. Accountability for VA Physicians:

  • Directs the VA to take action against VA-employed physicians who have three or more malpractice judgments or settlements within a five-year period.

4. Implementation:

  • Applies to malpractice incidents occurring after the Act's enactment.

Background:

In 2016, Brian Tally suffered life-altering consequences due to gross medical negligence at a VA hospital. Despite admitting fault, the VA ultimately denied accountability, citing an outdated policy that shielded the agency from responsibility for malpractice committed by independent contractors. As a result, Tally faced severe financial and personal hardship, including the loss of his small business and near foreclosure of his home.