Modification of administration of medical malpractice claims by members of the uniformed services

(a) In general Section 2733a of title 10, United States Code, is amended— (1) in subsection (a), by striking subsection (h) and inserting subsection (i); (2) in subsection (b)(6), by striking subsection (h) and inserting subsection (i); (3) in subsection (d)(1), by striking subsection (h) and inserting subsection (i); (4) by re-designating subsections (g) through (k) as subsections (h) through (l), respectively; and (5) by inserting after subsection (f) the following new subsection: (g) Appeals (1) Any appeal from the denial of a claim under this section shall be considered by a third-party review board jointly established by the Judge Advocates General of the Army, the Navy, and the Air Force. (2) The third-party review board established under paragraph (1) shall consist of not more than five members, all of whom possess sufficient legal or medical background, or both. (3) A claimant under this section that seeks an appeal under paragraph (1) may submit the appeal directly to the third-party review board established under such paragraph. (4) In considering an appeal from the denial of a claim under this section, the third-party review board established under paragraph (1) shall, at the request of the claimant, allow for a hearing on the merits of the appeal in an adversarial nature. (5) The Secretary of Defense shall provide to a claimant seeking an appeal under paragraph (1) a copy of any response to the appeal that is submitted on behalf of the Department of Defense. (6) The third-party review board established under paragraph (1) shall not consist of any member of the uniformed services or civilian employee of the Department of Defense.. (b) Appointment of members Not later than 180 days after the effective date described in subsection (d), the Judge Advocates General of the Army, the Navy, and the Air Force shall jointly appoint members to the board established under subsection (g)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5). (c) Report Not later than 180 days after the establishment of the board required under subsection (g)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report indicating— (1) the membership of the board; (2) the qualifying background of each member of the board; and (3) a statement indicating the independence of each member of the board from the Department of Defense. (d) Effective date This section, and the amendments made by this section, shall take effect on the date that is 10 years after the date of the enactment of this Act.

(a) In general Section 2733a of title 10, United States Code, is amended— (1) in subsection (a), by striking subsection (h) and inserting subsection (i); (2) in subsection (b)(6), by striking subsection (h) and inserting subsection (i); (3) in subsection (d)(1), by striking subsection (h) and inserting subsection (i); (4) by re-designating subsections (g) through (k) as subsections (h) through (l), respectively; and (5) by inserting after subsection (f) the following new subsection: (g) Appeals (1) Any appeal from the denial of a claim under this section shall be considered by a third-party review board jointly established by the Judge Advocates General of the Army, the Navy, and the Air Force. (2) The third-party review board established under paragraph (1) shall consist of not more than five members, all of whom possess sufficient legal or medical background, or both. (3) A claimant under this section that seeks an appeal under paragraph (1) may submit the appeal directly to the third-party review board established under such paragraph. (4) In considering an appeal from the denial of a claim under this section, the third-party review board established under paragraph (1) shall, at the request of the claimant, allow for a hearing on the merits of the appeal in an adversarial nature. (5) The Secretary of Defense shall provide to a claimant seeking an appeal under paragraph (1) a copy of any response to the appeal that is submitted on behalf of the Department of Defense. (6) The third-party review board established under paragraph (1) shall not consist of any member of the uniformed services or civilian employee of the Department of Defense.. (b) Appointment of members Not later than 180 days after the effective date described in subsection (d), the Judge Advocates General of the Army, the Navy, and the Air Force shall jointly appoint members to the board established under subsection (g)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5). (c) Report Not later than 180 days after the establishment of the board required under subsection (g)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report indicating— (1) the membership of the board; (2) the qualifying background of each member of the board; and (3) a statement indicating the independence of each member of the board from the Department of Defense. (d) Effective date This section, and the amendments made by this section, shall take effect on the date that is 10 years after the date of the enactment of this Act.