HR 10554118th Congress✓ Plain English Available

Pentagon Medical Malpractice Claims Reporting Act

Rep. Porter, Katie [D-CA-47] (D-CA)
Introduced 12/20/2024
Armed Forces and National Security

📝 TL;DR

This bill requires the Pentagon to submit detailed annual reports to Congress about military medical malpractice claims through 2028, including data on claim numbers, processing times, outcomes, and denial reasons. It's designed to provide congressional oversight of how the military handles medical negligence claims filed by service members.

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Plain English Explanation

The Pentagon Medical Malpractice Claims Reporting Act (HR 10554) is a targeted transparency measure that requires the Department of Defense to provide annual reports to Congress on medical malpractice claims filed by uniformed service members. The bill specifically amends existing law to enhance reporting requirements under the military medical malpractice claims process established in section 2733a of Title 10, U.S. Code. This legislation appears to respond to concerns about accountability and oversight of military healthcare quality, as it mandates detailed reporting on claim outcomes, processing timelines, and denial reasons.

The bill operates within the framework of existing military medical malpractice procedures, which were established to allow service members to seek compensation for medical negligence - a right that was historically limited due to the Feres Doctrine. By requiring comprehensive annual reporting through 2028, Congress seeks to monitor how effectively the military is handling these sensitive claims and ensure proper oversight of military healthcare providers.

Detailed Analysis

This bill functions as an amendment to existing law rather than creating entirely new procedures, specifically modifying subsection (i) of section 2733a of Title 10. The legislation's primary mechanism is mandating enhanced congressional reporting requirements that will provide lawmakers with detailed data on military medical malpractice claims processing. The amendment replaces whatever current reporting requirements exist under subsection (i) with more comprehensive and specific data collection mandates.

The bill establishes five distinct reporting categories that the Secretary of Defense must address annually. These range from basic statistical information (number of claims processed, average resolution timelines) to more analytical data (specific reasons for claim denials, resolution outcomes). The legislation notably requires disaggregated data on claim denials, meaning the Pentagon must break down denial reasons by specific legal requirements rather than providing aggregate denial statistics.

A key structural element is the bill's temporal limitation - reports are required 'not less frequently than annually until 2028,' suggesting this is intended as a four-year oversight initiative rather than a permanent reporting requirement. This timeframe may reflect congressional intent to monitor the military medical malpractice process during its early implementation years, as the underlying claims process is relatively new in military law.

The legislation grants the Secretary of Defense discretionary authority to include additional information that may 'enhance the effectiveness of the claims process.' This provision suggests congressional recognition that rigid reporting categories might miss important aspects of claim processing that only become apparent through implementation experience.

The bill's simplicity is notable - it contains only two substantive sections and directly amends existing law rather than creating parallel reporting structures. This streamlined approach suggests the legislation is designed to integrate seamlessly with current Pentagon reporting processes while ensuring Congress receives the oversight information it deems necessary for effective military healthcare oversight.

🎯 Key Provisions

1

Annual Reporting Mandate: Requires the Secretary of Defense to submit annual reports to House and Senate Armed Services Committees until 2028. The reporting must occur 'not less frequently than annually,' allowing for more frequent reporting if deemed necessary. (Section 2, Subsection (i) - 'Not less frequently than annually until 2028, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report')

2

Claims Processing Statistics: Mandates reporting of basic statistical data including total number of claims processed and average timeline for resolving claims. This provides Congress with fundamental metrics on system efficiency and caseload. (Section 2, Subsection (i)(1)-(2) - 'The number of claims processed under this section' and 'The average timeline for resolving such claims')

3

Individual Claim Resolution Reporting: Requires detailed reporting on the resolution of each individual claim processed during the reporting period. This provision ensures complete transparency about outcomes rather than just aggregate statistics. (Section 2, Subsection (i)(3) - 'The resolution of each such claim')

4

Disaggregated Denial Analysis: Mandates detailed breakdown of why claims were denied, specifically requiring data separated by each legal requirement that wasn't met. This excludes claims denied merely for lack of substantiation. (Section 2, Subsection (i)(4) - 'The number of claims that were denied based on the claim not meeting one or more requirement specified in subsection (b) (other than for not being substantiated pursuant to paragraph (6)), disaggregated by each such requirement')

5

Discretionary Enhancement Information: Grants the Secretary of Defense authority to include additional information beyond the mandated categories that might improve the claims process effectiveness. (Section 2, Subsection (i)(5) - 'Any other information that the Secretary determines may enhance the effectiveness of the claims process under this section')

6

Amendment to Existing Law: The bill operates by completely replacing the current reporting requirements in military medical malpractice law rather than adding supplementary requirements. (Section 2 - 'Subsection (i) of section 2733a of title 10, United States Code, is amended to read as follows')

👥 Impact Analysis

Direct Effects If enacted, this bill will immediately establish comprehensive congressional oversight of military medical malpractice claims processing. The Pentagon will be required to track and report detailed metrics on every aspect of claims processing, from initial filing through final resolution. This will create a paper trail that allows Congress to monitor whether the military medical malpractice system is functioning effectively and fairly for service members seeking compensation for medical negligence.

The reporting requirements will likely necessitate enhanced data collection and tracking systems within the Department of Defense, as the bill requires granular information about claim denials, processing timelines, and individual case resolutions. Military legal and administrative personnel will need to ensure comprehensive documentation of all claim-related decisions and timelines to meet the annual reporting mandates.

Indirect Effects The enhanced oversight may indirectly improve the quality and consistency of military medical malpractice claim processing, as Pentagon officials will know their decisions are subject to detailed congressional review. Healthcare providers and legal personnel within the military may exercise greater care in documentation and decision-making processes knowing that denial patterns and processing delays will be scrutinized by Congress. The legislation may also prompt broader discussions about military healthcare quality and accountability, potentially leading to additional reforms or oversight measures.

Affected Groups - Active duty service members filing medical malpractice claims - Department of Defense legal and administrative personnel - House and Senate Armed Services Committees - Military healthcare providers - Pentagon reporting and compliance offices

Fiscal Impact The bill does not specify any funding mechanisms, appropriations, or budget allocations for implementing the reporting requirements. The fiscal impact would likely be limited to administrative costs associated with enhanced data collection, analysis, and report preparation within existing Pentagon operations. These costs would presumably be absorbed within current Department of Defense administrative budgets, though the bill does not address this explicitly. The absence of specific funding provisions suggests Congress expects the reporting requirements to be manageable within existing Pentagon resources.

📋 Latest Action

12/20/2024

Referred to the House Committee on Armed Services.

🔗 Official Sources