HERO Act
Sponsors
Legislative Progress
In CommitteeMr. Issa (for himself, Mr. Hudson, and Mr. Panetta) introduced …
Summary
What This Bill Does
The Healthcare Equality and Rights for Our Heroes (HERO) Act allows military servicemembers and their families to sue the federal government for medical malpractice that occurs at military hospitals. Currently, a legal doctrine called the Feres Doctrine largely prevents servicemembers from suing for injuries caused by military medical care. This bill creates a clear legal pathway for these lawsuits under the Federal Tort Claims Act.
Who Benefits and How
Military servicemembers and their families gain the right to seek compensation when they are harmed by negligent medical care at military treatment facilities. They would have up to 10 years from discovering an injury to file a claim, and any awards they receive cannot be reduced by VA disability benefits or military life insurance payments. Medical malpractice attorneys would also benefit from new opportunities to represent servicemembers in these cases.
Who Bears the Burden and How
The Department of Defense faces increased liability exposure and potential settlement costs for medical malpractice claims. The Department of Justice must defend these claims and submit reports to Congress every two years on the number of cases filed. Ultimately, taxpayers bear the cost of any settlements or judgments paid out by the federal government. Military medical treatment facilities may also face increased scrutiny and documentation requirements.
Key Provisions
- Repeals the current administrative claims process (Section 2733a of Title 10) that limited servicemember claims
- Creates a new Section 2681 in the Federal Tort Claims Act specifically for military medical malpractice
- Establishes a 10-year statute of limitations from when the injury is discovered
- Prohibits reducing damage awards by the amount of VA benefits or military life insurance received
- Excludes medical facilities in combat zones from coverage
- Requires the Attorney General to report claim statistics to Congress every two years
Evidence Chain:
This summary is derived from the structured analysis below. See "Detailed Analysis" for per-title beneficiaries/burden bearers with clause-level evidence links.
Primary Purpose
Allows military servicemembers and their families to sue the United States for medical malpractice at military treatment facilities, effectively overturning part of the Feres Doctrine that previously barred such claims.
Policy Domains
Legislative Strategy
"Provide legal recourse for military servicemembers harmed by medical malpractice at military hospitals by amending the Federal Tort Claims Act to create a specific pathway for such claims"
Likely Beneficiaries
- Military servicemembers injured by medical malpractice
- Families of servicemembers killed by medical malpractice
- Reserve component members performing active service
- Medical malpractice attorneys representing servicemembers
Likely Burden Bearers
- Department of Defense (increased liability exposure)
- U.S. Treasury (paying claims/settlements)
- Department of Justice (defending claims, reporting requirements)
- Military medical treatment facilities (potential increased litigation)
- Federal government healthcare providers (potential personal liability exposure reduced but institutional exposure increased)
Bill Structure & Actor Mappings
Who is "The Secretary" in each section?
- "the_secretary"
- → Secretary of Veterans Affairs (for benefits context)
- "the_attorney_general"
- → Attorney General of the United States
Key Definitions
Terms defined in this bill
Has the meaning given such term in section 101 of title 10
Has the meaning given the term in section 101 of title 10
Means a facility maintained under section 1073d of title 10; does not include battalion aid stations or other military medical treatment facilities in an area of armed conflict or combatant activities
Includes a member of a reserve component of the Armed Forces if the claim is in connection with personal injury or death that occurred while the member was performing active service
Means the reserve components specified in section 10101 of title 10
Has the meaning given such term in section 101 of title 10
We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.
Learn more about our methodology