FOR IMMEDIATE RELEASE
AMVETS endorses bill setting time limits on when VA must disclose the status of contracted VA providers and provide information to potential claimants on their rights under state and federal tort law.
Contact: Miles Migliara
National Communications Manager
WASHINGTON D.C. – Today, American Veterans (AMVETS) announced its endorsement of the bipartisan Brian Tally VA Employment Transparency Act (H.R. 4526). Rep. Mike Levin (D-CA-49) introduced the Tally bill in September 2019 to provide veterans who suffer harm while under the care of a VA contractor have more due process protections in the pursuit of a tort claim.
Rep. Mark Meadows (R-NC-11) first introduced a similar bill in July 2019 after working with Brian Tally, a Marine Corps veteran, who suffered permanent disability after a VA contractor failed to timely diagnose and treat a flesh-eating spine condition for over six months. The VA failed to disclose the doctor’s status as a VA contractor, thus could not be sued as an agent of VA under the Federal Tort Claims Act. Tally was not notified of the clinician’s status until the statute of limitations under state law had expired, leaving him with no legal recourse.
The current version of the bill would set time limits on when VA must disclose the status of contracted VA providers and provide information to potential claimants on their rights under state and federal tort law. Rep. Meadows has since co-sponsored H.R. 4526.
In a letter to House Veterans Affairs Committee Chairman Mark Takano dated October 18, 2019, Joseph Chenelly, Executive Director of AMVETS, expressed the organization’s support of the bill.
“We believe passage of this law will address the longstanding problem of breached due process for veterans who suffer disability, as well as survivors who lose loved ones due to medical malpractice or negligence on the part of the Department of Veterans Affairs independent contractors,” wrote Chenelly. “Veterans have sat at the mercy of a VA system where a lack information and failures to disclose relevant information have hindered due process for far too long. This bill will level the playing field by ensuring federal and state tort claims related to VA medical malpractice are fairly adjudicated once veterans and their families are provided the necessary components for filing a claim.”
Click here for more information on the Brian Tally VA Employment Transparency Act, including the history of the bill and a list of supporting organizations.
AMVETS, which is also known as American Veterans, is the most inclusive Congressionally-chartered veterans service organization open to representing the interests of 20 million veterans and their families. We are veterans serving veterans since 1944.