Benefits for persons disabled by treatment under Veterans Community Care Program of Department of Veterans Affairs

(a) In general Subsection (a) of section 1151 of title 38, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (3); (2) in paragraph (1)(B), by striking or at the end; and (3) by inserting after paragraph (1) the following new paragraph (2): (2) the disability or death was caused by hospital care, a medical service, or an extended care service furnished the veteran by a non-Department provider under section 1703 of this title and the proximate cause of the disability or death was— (A) carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the provider in furnishing the hospital care, medical service, or extended care service; or (B) an event not reasonably foreseeable; or. (b) Offset of awards Such section is amended by adding at the end the following new subsection: (d) The amount of any judgment awarded to an individual in a civil action brought by the individual against a non-Department provider in a court of competent jurisdiction for a disability or death caused by hospital care, a medical service, or an extended care service furnished by a non-Department provider as described in subsection (a)(2) shall be offset by the amount of any compensation awarded to the individual under such subsection for such disability or death..