Pub. L. 105-174, tit. I, ch. 1, sec. 5

Sec. 5. (a) Quality Assurance Report on Military Health Care.— The Secretary of Defense shall appoint an independent panel of experts to evaluate recent measures taken by the Acting Assistant Secretary of Defense for Health Affairs and the Surgeons General of the Army, Navy and Air Force to improve the quality of care provided by the Military Health Services System. (b) Membership.— (1) The panel shall be composed of nine members appointed by the Secretary of Defense. At least five of those members shall be persons who are highly qualified in the medical arts, have experience in setting health care standards, and possess a demonstrated understanding of the military health care system and its unique mission requirements. The remaining members shall be persons who are current beneficiaries of the Military Health Services System. (2) The Secretary shall designate one member to serve as chairperson of the panel. (3) The Secretary shall appoint the members of this panel not later than 45 days after enactment of this Act. (c) Functions of the Panel.— The panel shall review the Department of Defense Access and Quality Improvement Initiative announced in early 1998 (together with other related quality improvement actions) to assess whether all reasonable measures have been taken to ensure that the Military Health Services System delivers health care services in accordance with consistently high professional standards. The panel shall specifically assess actions of the Department to accomplish the following objectives of that initiative and related management actions: (1) upgrade professional education and training requirements for military physicians and other health care providers; 112 STAT. 63 (2) establish “Centers of Excellence” for complicated surgical procedures; (3) make timely and complete reports to the National Practitioner Data Bank and eliminate associated reporting backlogs; (4) assure that Military Health Services System providers are properly licensed and have appropriate credentials; (5) reestablish the Quality Management Report to aid in early identification of compliance problems; (6) improve communications with beneficiaries to provide comprehensive and objective information on the quality of care being provided; (7) strengthen the National Quality Management Program; (8) ensure that all laboratory work meets professional standards; and (9) ensure the accuracy of patient data and information. (d) Report.— Not later than six months after the date on which the panel is established, the panel shall submit to the Secretary a report setting forth its findings and conclusions, and the reasons therefor, and such recommendations it deems appropriate. The Secretary shall forward the report of the panel to Congress not later than 15 days after the date on which the Secretary receives it, together with the Secretary’s comments on the report. (e) Panel Administration.— (1) The members of the panel shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized by law for employees of agencies while away from their homes or regular places of business in the performance of services for the panel. (2) Upon request of the chairperson of the panel, the Secretary of Defense may detail to the panel, on a nonreimbursable basis, personnel of the Department of Defense to assist the panel in carrying out its duties. The Secretary of Defense shall furnish to the panel such administrative and support services as may be requested by the chairman of the panel. (f) Panel Financing.— Of the funds appropriated in Public Law 105–56 for “Research, Development, Test and Evaluation, Navy”, $4,700,000 shall be transferred to “Defense Health Program”, to be available through fiscal year 1999, only for administrative costs of this panel and for the express purpose of initiating or accelerating any activity identified by the panel that will improve the quality of health care provided by the Military Health Services System.