Pub. L. 93-82, tit. II, sec. 207

Sec. 207. Section 4116 of title 38, United States Code, is amended— (1) by amending subsection (a) to read as follows: “(a) The remedy— “(1) against the United States provided by sections 1346(b) and 2672 of title 28, or (2) through proceedings for compensation or other benefits from the United States as provided by any other law, where the availability of such benefits precludes a remedy under section 1346(b) or 2672 of title 28, for damages for personal injury, including death, allegedly arising from malpractice or negligence of a physician, dentist, nurse, physicians’ assistant, dentists’ assistant, pharmacist, or paramedical (for example, medical and dental technicians, nursing assistants, and therapists) or other supporting personnel in furnishing medical care or treatment while in the exercise of his duties in or for the Department of Medicine and Surgery shall hereafter be exclusive of any other civil action or proceeding by reason of the same subject matter against such physician, dentist, nurse, physicians’ assistant, dentists’ assistant, pharmacist, or paramedical or other supporting personnel (or his estate) whose act or omission gave rise to such claim.”: (2) by striking out the last sentence in subsection (c) and inserting in lieu thereof the following: “After removal the United States shall have available all defenses to which it would have been entitled if the action had originally been commenced against the United States. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merits that the employee whose act or omission gave rise to the suit was not acting within the scope of his office or employment, the case, shall be remanded to the State court.”; and (3) by adding at the end thereof the following new subsection: “(e) The Administrator may, to the extent he deems appropriate, hold harmless or provide liability insurance for any person to whom the immunity provisions of this section apply (as described in subsection (a) of this section), for damage for personal injury or death, or for property damage, negligently caused by such person while furnishing medical care or treatment (including the conduct of clinical studies or investigations) in the exercise of his duties in or for the Department of Medicine and Surgery, if such person is assigned to a foreign country, detailed to State or political division thereof, or is 87 Stat. 194acting under any other circumstances which would preclude I he remedies of an injured third person against the United States, provided by sections 1346(b) and 2672 of title 28, for such damage or injury.”.