H.R. 6730: Healthcare Equality and Rights for Our Heroes Act

The bill known as the Healthcare Equality and Rights for Our Heroes Act, or the HERO Act, aims to amend existing law to allow members of the armed forces to sue the United States government for injuries or deaths caused by improper medical care provided at military medical facilities. This change would repeal a previous law that restricted such claims and would establish new provisions under Chapter 171 of Title 28 of the United States Code.

Key Provisions

• Claims Authorization: The bill enables lawsuits against the U.S. government for personal injuries or deaths of military personnel due to negligence or wrongful acts in medical care. This includes care provided at military medical treatment facilities.
• Scope of Claims: Claims can be filed for damages arising from any negligent or wrongful act related to the performance of medical or health care functions performed by government employees.
• Exclusivity: If a claim is filed against the government, it will prevent any civil action against the individual government employee responsible for the act that caused the injury or death.
• No Benefit Reduction: The amount awarded in a legal claim cannot be reduced by any benefits received from the Veterans Affairs Department or life insurance programs for service members.
• Time Limit for Filing Claims: Claims must be initiated within 10 years from the date the injury was discovered, ensuring that victims have ample time to seek justice.
• Reporting Requirements: The Attorney General is required to submit reports to Congress every two years detailing the number of claims filed under this act.

Definitions and Clarifications

The bill clarifies several terms to ensure that the provisions are properly understood and applied. Key definitions include:

• Covered Military Medical Treatment Facility: Facilities where military medical treatment is provided, excluding those in active combat zones.
• Member of the Uniformed Services: This includes all service members, active and reserve, as long as their claims are connected to their service.

Impact on Existing Laws

This bill would repeal Section 2733a of Title 10, which currently limits the ability of service members to seek legal redress against the government for medical malpractice. By doing so, it establishes a more direct path for affected military personnel to pursue compensation for negligent medical care.

Conclusion

Overall, the HERO Act seeks to enhance the legal rights of active service members by enabling them to hold the government accountable for substandard medical treatment received while in service.

Relevant Companies

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