Page:United States Statutes at Large Volume 102 Part 1.djvu/547

 PUBLIC LAW 100-322—MAY 20, 1988

102 STAT. 509

programs and operations, including ensuring such numbers of, and such skills and training on the part of, employees assigned to the Office of the Inspector General as are necessary to carry out such oversight, monitoring, and evaluation effectively, (b) REPORT.—Not later than 75 days after the date of the enactment of this Act, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives, a report describing the actions taken pursuant to subsection (a), includJjig reports of the Chief Medical Director and the Inspector General of the Veterans' Administration on such actions, and any future actions planned (and a timetable therefor) in connection with such actions. The report shall include— (1) the Administrator's views on (A) the effectiveness of quality assurance and risk management and medical inspection programs and activities in the Department of Medicine and Surgery and of the oversight, monitoring, and evaluation of those programs and activities before the implementation of the actions described in the preceding sentence, and (B) how those actions will improve the effectiveness of these programs and activities; and (2) a description of actions that have been or will be taken (and the justification for those actions) by the Administrator, the Inspector General, and the Chief Medical Director, as appropriate, to make other improvements in such programs and activities and the oversight, monitoring, and evaluation therefor. SEC. 202. HOSPITAL COST COLLECTIONS.

Section 629(b)(2) is amended by adding at the end the following new subparagraph: "(C) A proceeding under subparagraph (B) of this paragraph may not be brought after the end of the six-year period beginning on the last day on which the care or services for which recovery is sought are furnished.". SEC. 203. TORT CLAIMS. (a) INAPPOCABIHTY OF AN EXCEPTION RELATING TO FEDERAL TORT CLAIMS IN MEDICAL MALPRACTICE AND NEGUGENCE CASES.—(1) Sec-

tion 4116 is amended by adding at the end the following new subsection: "(f) The exception provided in section 2680(h) of title 28 shall not apply to any claim arising out of a negligent or wrongful act or omission of any person described in subsection (a) of this section in furnishing medical care or treatment (including medical care or treatment furnished in the course of a clinical study or investigation) while in the exercise of such person's duties in or for the Department of Medicine and Surgery.. (2) The amendment made by paragraph (1) shall apply with 38 USC 4116 respect to claims as to which a final Judgment has not been rendered i^o^as of the date of the enactment of this Act. (b) INCREASED AUTHORITY TO ADJUST TORT CLAIMS ADMINISTRA-

TIVELY.—(1) Subchapter II of chapter 3 is amended by adding at the end the following new section: '*§ 223. Administrative settlement of tort claims "(a) Notwithstanding the limitations contained in section 2672 of title 28, the Administrator may settle any claim for money damages

38 USC 223.

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