SFC Richard Stayskal Military Medical Accountability Act

johnbgately

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On January 1, 2020, the SFC Richard Stayskal Military Medical Accountability Act of 2019 became law. This law effectively overturns the Feres Doctrine and allows you as a service member to sue the federal government for any harm that you may have suffered due to medical malpractice at a military treatment facility, with the only significant exception being for services provided in an emergent situation ina combat zone. The statute of limitations will be three years from the date of discovery of such harm. If your injuries occurred prior to this law being signed into effect by the President, then it would appear that you have three years from the date of its enactment- i.e. January 1, 2023- to file suit against the government. For your convenience, I have attached a copy of the law below.
 

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Former MiTT Team Leader

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Great information... 3 years w/due diligence....?????

PS: Apologies still issues computer, internet web site etc......
 

RonG

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December 14, 2019 Chicago Tribune
“ Language influenced by the SFC Richard Stayskal Military Medical Accountability Act of 2019 was included in the final version of the 2020 National Defense Authorization Act. The House passed the bill Wednesday; the Senate still has to vote on the final version of the bill, but it is expected to pass that chamber. President Donald Trump has already indicated he will sign the legislation.”

December 28, 2019 Fayetteville Observer
“ Members of the Senate Armed Services Judiciary Committee expressed concerns about the bill and the legal precedent it would set, but a compromise was reached by the end of the year and it was included in the National Defense Authorization Act that was signed by President Donald Trump on Dec. 20.”

Ron
 

gsfowler

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Here is the language in the final blll passed by the Senate and signed into law.

SEC. 731. AUTHORIZATION OF CLAIMS BY MEMBERS OF THE UNI- FORMED SERVICES AGAINST THE UNITED STATES FOR PERSONAL INJURY OR DEATH CAUSED BY MEDICAL MAL- PRACTICE.
(a) MEDICAL MALPRACTICE CLAIMS.—
(1) IN GENERAL.—Chapter 163 of title 10, United States
Code, is amended by inserting after section 2733 the following new section:
‘‘§ 2733a. Medical malpractice claims by members of the uni- formed services
‘‘(a) IN GENERAL.—Consistent with this section and under such regulations as the Secretary of Defense shall prescribe under sub- section (f), the Secretary may allow, settle, and pay a claim against the United States for personal injury or death incident to the service of a member of the uniformed services that was caused by the medical malpractice of a Department of Defense health care provider.
‘‘(b) REQUIREMENT FOR CLAIMS.—A claim may be allowed, set- tled, and paid under subsection (a) only if—
‘‘(1) the claim is filed by the member of the uniformed services who is the subject of the medical malpractice claimed, or by an authorized representative on behalf of such member who is deceased or otherwise unable to file the claim due to incapacitation;
‘‘(2) the claim is for personal injury or death caused by the negligent or wrongful act or omission of a Department of Defense health care provider in the performance of medical, dental, or related health care functions while such provider was acting within the scope of employment;
‘‘(3) the act or omission constituting medical malpractice occurred in a covered military medical treatment facility;
‘‘(4) the claim is presented to the Department in writing within two years after the claim accrues;
‘‘(5) the claim is not allowed to be settled and paid under any other provision of law; and
‘‘(6) the claim is substantiated as prescribed in regulations prescribed by the Secretary of Defense under subsection (f).
‘‘(c) LIABILITY.—(1) The Department of Defense is liable for only the portion of compensable injury, loss, or damages attributable to the medical malpractice of a Department of Defense health care provider.
‘‘(2) The Department of Defense shall not be liable for the attorney fees of a claimant under this section.
‘‘(d) PAYMENT OF CLAIMS.—(1) If the Secretary of Defense deter- mines, pursuant to regulations prescribed by the Secretary under subsection (f), that a claim under this section in excess of $100,000 is meritorious, and the claim is otherwise payable under this sec- tion, the Secretary may pay the claimant $100,000 and report any meritorious amount in excess of $100,000 to the Secretary of the Treasury for payment under section 1304 of title 31.
‘‘(2) Except as provided in paragraph (1), no claim may be paid under this section unless the amount tendered is accepted by the claimant in full satisfaction.
‘‘(e) REPORTING MEDICAL MALPRACTICE.—Not later than 30 days after a determination of medical malpractice or the payment of all or part of a claim under this section, the Secretary of Defense shall submit to the Director of the Defense Health Agency a report documenting such determination or payment to be used by the Director for all necessary and appropriate purposes, including med- ical quality assurance.
‘‘(f) REGULATIONS.—(1) The Secretary of Defense shall prescribe regulations to implement this section.
‘‘(2) Regulations prescribed by the Secretary under paragraph (1) shall include the following:
‘‘(A) Policies and procedures to ensure the timely, efficient, and effective processing and administration of claims under this section, including—
‘‘(i) the filing, receipt, investigation, and evaluation of a claim;
‘‘(ii) the negotiation, settlement, and payment of a claim;
‘‘(iii) such other matters relating to the processing and administration of a claim, including an administrative appeals process, as the Secretary considers appropriate. ‘‘(B) Uniform standards consistent with generally accepted
standards used in a majority of States in adjudicating claims under chapter 171 of title 28 (commonly known as the ‘Federal Tort Claims Act’) to be applied to the evaluation, settlement, and payment of claims under this section without regard to the place of occurrence of the medical malpractice giving rise to the claim or the military department or service of the member of the uniformed services, and without regard to for- eign law in the case of claims arising in foreign countries, including uniform standards to be applied to determinations with respect to—
‘‘(i) whether an act or omission by a Department of Defense health care provider in the context of performing medical, dental, or related health care functions was neg- ligent or wrongful, considering the specific facts and cir- cumstances;
‘‘(ii) whether the personal injury or death of the member was caused by a negligent or wrongful act or omission of a Department of Defense health care provider in the context of performing medical, dental, or related health care functions, considering the specific facts and circumstances;
‘‘(iii) requirements relating to proof of duty, breach of duty, and causation resulting in compensable injury or loss, subject to such exclusions as may be established by the Secretary of Defense; and
‘‘(iv) calculation of damages.
‘‘(C) Such other matters as the Secretary considers appro-
priate.
‘‘(3) In order to implement expeditiously the provisions of this section, the Secretary may prescribe the regulations under this subsection—
‘‘(A) by prescribing an interim final rule; and
‘‘(B) not later than one year after prescribing such interim final rule and considering public comments with respect to such interim final rule, by prescribing a final rule.
‘‘(g) LIMITATION ON ATTORNEY FEES.—(1) No attorney shall
charge, demand, receive, or collect for services rendered, fees in excess of 20 percent of any claim paid pursuant to this section. ‘‘(2) Any attorney who charges, demands, receives, or collects for services rendered in connection with a claim under this section any amount in excess of the amount allowed under paragraph (1), if recovery be had, shall be fined not more than $2,000, impris-
oned not more than one year, or both.
‘‘(h) ANNUAL REPORT.—Not less frequently than annually until
2025, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report—
‘‘(1) indicating the number of claims processed under this section;
‘‘(2) indicating the resolution of each such claim; and
‘‘(3) describing any other information that may enhance the effectiveness of the claims process under this section.
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) COVERED MILITARY MEDICAL TREATMENT FACILITY.— The term ‘covered military medical treatment facility’ means a facility described in subsection (b), (c), or (d) of section 1073d of this title.
‘‘(2) DEPARTMENT OF DEFENSE HEALTH CARE PROVIDER.— The term ‘Department of Defense health care provider’ means a member of the uniformed services, civilian employee of the Department of Defense, or personal services contractor of the Department (under section 1091 of this title) authorized by the Department to provide health care services and acting within the scope of employment of such individual.
‘‘(3) MEMBER OF THE UNIFORMED SERVICES.—The term ‘member of the uniformed services’ includes a member of a reserve component of the armed forces if the claim by the member under this section is in connection with personal injury or death that occurred while the member was in Federal status.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 163 of such title is amended by inserting after the item relating to section 2733 the following new item:
‘‘2733a. Medical malpractice claims by members of the uniformed services.’’.
(b) INTERIM BRIEFING ON DEVELOPMENT OF REGULATIONS.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the development of regulations under section 2733a(f) of title 10, United States Code, as added by subsection (a)(1).
(c) CONFORMING AMENDMENTS.—
(1) Section 2735 of such title is amended by striking ‘‘2733,’’
and inserting ‘‘2733, 2733a,’’.
(2) Section 1304(a)(3)(D) of title 31, United States Code,
is amended by striking ‘‘2733,’’ and inserting ‘‘2733, 2733a,’’. (d) EFFECTIVE DATE AND TRANSITION PROVISION.—
(1) EFFECTIVE DATE.—The amendments made by this sec- tion shall apply to any claim filed under section 2733a of such title, as added by subsection (a)(1), on or after January 1, 2020.
(2) TRANSITION.—Any claim filed in calendar year 2020 shall be deemed to be filed within the time period specified in section 2733a(b)(4) of such title, as so added, if it is filed within three years after it accrues.
 

chaplaincharlie

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Thanks @RonG and @gsfowler . Evidently the bill did not pass separately, but was folded into a larger bill. I appreciate the clarification.
 
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