HERO Act

Summary

Creates a cause of action allowing members of the uniformed services to bring tort claims against the United States for personal injury or death caused by negligent or wrongful medical, dental, or related health-care functions at covered military medical treatment facilities. The bill sets rules for who may sue, the scope of covered facilities and personnel, a discovery-based 10-year statute of limitations (with certain pending claims tolled to enactment), limits on offset by VA or Servicemembers’ Group Life Insurance benefits, and requires biennial Attorney General reporting to Congress on claims.

• Authorizes tort claims against the United States for service members injured or killed by negligent medical/dental care at covered military treatment facilities.
• Makes the claim against the United States the exclusive remedy against the individual employee.
• Prevents recovery from being reduced by VA benefits or SGLI survivor benefits.
• Creates a discovery-based 10-year statute of limitations and tolls certain pending administrative claims to enactment.
• Excludes battalion aid stations and facilities in areas of armed conflict from covered facilities.
• Excludes application of certain FTCA exceptions and applies the law of the place of the act abroad for choice-of-law.
• Requires the Attorney General to report to Congress on the number of claims, then biennially.
• Repeals the prior statutory provision and adds a new chapter to title 28 to implement the changes.