Houston Daily

Congressman Morgan Luttrell has introduced the Brian Tally VA Employment Transparency Act of 2025, a legislative effort intended to bolster accountability and transparency in the Department of Veterans Affairs (VA) health care system. This bill draws its name from Brian Tally, a veteran of the Marine Corps who encountered significant consequences resulting from medical negligence at a VA facility and an absence of accountability within the system.

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

The proposed legislation includes several key provisions:

The first provision focuses on non-VA providers, requiring the VA to furnish affected individuals with details of malpractice cases involving these providers within 45 days of a civil action. Furthermore, it prohibits non-VA providers who have been involved in five or more malpractice cases within five years from practicing in VA facilities. An appeals process will be established for providers whose authorization is revoked.

There is a notification requirement where the VA must report malpractice judgments to state licensing boards and the National Practitioner Data Bank. Additionally, the VA is required to publicly provide veterans with information regarding their rights, claims procedures, and recovery time limits.

For VA physicians, the act directs the VA to address incidents where VA-employed physicians have three or more malpractice judgments or settlements in a five-year span.

The implementation of the act will apply to malpractice incidents occurring after the enactment of the legislation.

The background to this legislative action stems from Brian Tally's experience in 2016, when he suffered severe consequences from medical negligence at a VA hospital. Although the VA acknowledged fault, it ultimately refused responsibility due to an outdated policy that protected the agency from malpractice committed by independent contractors. This left Tally facing severe financial and personal difficulties, including the collapse of his small business and the threat of losing his home.