H.R. 6730 — HERO Act

This section repeals the Department of Defense administrative claims program for personal injury or death of uniformed services members caused by medical malpractice at covered military medical treatment facilities (10 U.S.C. 2733a)—which previously authorized payments up to $100,000 (excess via Treasury), required claims within two years of accrual, and limited liability to the DoD provider's portion—and establishes a new cause of action under the Federal Tort Claims Act (28 U.S.C. Chapter 171) as §2681. The new provision authorizes suits against the United States for damages arising from negligent medical, dental, or related health care (including clinical studies) provided at a covered facility (i.e., a facility under 10 U.S.C. 1073d, excluding battalion aid stations or other facilities in armed conflict or combatant activities) by a federal employee acting within scope of employment or at government direction. It provides exclusivity against the employee, bars reduction of awards by benefits under VA-administered laws or Servicemembers’ Group Life Insurance, extends the limitations period to 10 years from discovery of the injury and its cause (from two years from accrual; for claims pending under prior law as of enactment, the period begins on enactment), exempts discretionary function and accounting claims exceptions (28 U.S.C. §2680(j), (k)), and applies the claimant's state-of-domicile law to foreign incidents. (Thus, claimants may pursue full uncapped damages via federal court rather than capped administrative settlement.) The Attorney General must report to Congress every two years on claims filed under this section.