H.R. 2640 — Brian Tally VA Employment Transparency Act of 2025

This section amends provisions governing malpractice and negligence claims against Department of Veterans Affairs (VA) health care providers (38 U.S.C. 7316), which generally make Federal Tort Claims Act (FTCA) remedies against the United States the exclusive recourse for such claims against VA employees (thus shielding those employees from personal civil liability). Specifically, it (1) excludes claims against non-Department providers (i.e., contractors authorized to furnish hospital care, medical services, or nursing home care at VA facilities, excluding those under 38 U.S.C. 1703) from FTCA exclusivity if the VA Secretary provides the claimant, within 45 days of notice, details on the provider's involvement, the nature of care furnished, the provider's full name, and notice pursuant to this provision; (2) prohibits pursuing such claims in both state and federal court; (3) requires revocation of a non-Department provider's authorization—and bars future contracts—if five or more "covered cases" (i.e., FTCA judgments, settlements, or compromises against the United States, or state-law judgments, settlements, or compromises against the provider) arise within five years, with an appeal process; (4) mandates notice, within 30 days of an FTCA judgment against the United States involving non-Department provider negligence or malpractice, to relevant state licensing boards and the National Practitioner Data Bank; and (5) requires VA to publish on its website an explanation of claimant rights under these provisions, including FTCA administrative claim procedures and time limits. The section further amends VA physician disciplinary procedures (38 U.S.C. 7461) to require the Under Secretary for Health to bring professional conduct or competence charges against any physician employed under 38 U.S.C. 7401(1) accused in three or more separate FTCA actions within five years that resulted in judgments, compromises, or settlements against the United States (with such actions also qualifying as bases for discipline). The amendments apply to actions or omissions occurring on or after the date of enactment.