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Testimony:

Before the Subcommittee on Oversight and Investigations, Committee on 
Veterans' Affairs, House of Representatives:

United States General Accounting Office:

GAO:

For Release on Delivery Expected at 10:00 a.m. EST:

Wednesday, March 31, 2004:

VA Health Care:

Veterans at Risk from Inconsistent Screening of Practitioners:

Statement of Cynthia A. Bascetta:

Director, Health Care--Veterans' Health and Benefits Issues:

GAO-04-625T:

GAO Highlights:

Highlights of GAO-04-625T, a testimony before the Subcommittee on 
Oversight and Investigations, Committee on Veterans' Affairs, House of 
Representatives 

Why GAO Did This Study:

VA employs about 190,000 individuals including physicians, nurses, and 
therapists at its facilities. It supplements these practitioners with 
contract staff and medical residents. Cases of practitioners causing 
intentional harm to patients have raised concerns about VA’s screening 
of practitioners’ professional credentials and personal backgrounds. 
This testimony is based on GAO’s report VA Health Care: Improved 
Screening of Practitioners Would Reduce Risk to Veterans, GAO-04-566 
(Mar. 31, 2004). GAO was asked to (1) identify and assess the extent to 
which selected VA facilities comply with existing key VA screening 
requirements and (2) determine the adequacy of these requirements for 
its practitioners.

What GAO Found:

GAO identified key VA screening requirements that include verifying 
state licenses and national certificates; completing background 
investigations, including fingerprinting to check for criminal 
histories; and checking national databases for reports of practitioners 
who have been professionally disciplined or excluded from federal 
health care programs. GAO reviewed 100 practitioners’ personnel files 
at each of four facilities it visited and found mixed compliance with 
the existing key VA screening requirements. GAO also found that VA has 
not conducted oversight of its facilities’ compliance with the key 
screening requirements.

GAO found adequate screening requirements for certain practitioners, 
such as physicians and dentists, for whom all licenses are verified by 
contacting state licensing boards. However, existing screening 
requirements for others, such as nurses and respiratory therapists 
currently employed in VA, are less stringent because they do not 
require verifying all state licenses and national certificates. 
Moreover, they require only physical inspection of these credentials 
rather than contacting licensing boards or certifying organizations. 
Physical inspection alone can be misleading; not all credentials 
indicate whether they are restricted, and credentials can be forged. VA 
also does not require facility officials to query, for other than 
physicians and dentists, a national database that includes reports of 
disciplinary actions and criminal convictions involving all licensed 
practitioners. In addition, many practitioners with direct patient 
care access, such as medical residents, are not required to undergo 
background investigations, including fingerprinting to check for 
criminal histories. This pattern of gaps and mixed compliance with key 
VA key screening requirements create vulnerabilities to the extent that 
VA remains unaware of practitioners who could place patients at risk.

What GAO Recommends:

GAO recommended that VA expand its existing verification process to 
require that all state licenses and national certificates be verified 
by contacting state licensing boards and national certifying 
organizations, expand the query of a national database to include all 
licensed practitioners, and fingerprint all practitioners who have 
direct patient care access. GAO also recommended that VA conduct 
oversight of its facilities to ensure their compliance with all 
screening requirements. VA generally agreed with the report’s findings 
and plans to develop a detailed action plan to implement GAO’s 
recommendations.

www.gao.gov/cgi-bin/getrpt?GAO-04-625T.

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact Cynthia A. Bascetta at 
(202) 512-7101.

[End of section]

Mr. Chairman and Members of the Subcommittee:

I am pleased to be here today to discuss the findings and 
recommendations in our report, which you are releasing today, on the 
Department of Veterans Affairs (VA) policies and practices for 
screening health care practitioners.[Footnote 1] VA employs about 
190,000 individuals, including physicians, nurses, pharmacists, and 
therapists, at its facilities, and it supplements these practitioners 
with contract staff, medical consultants, and medical residents. VA has 
screening requirements intended to help ensure that its health care 
practitioners' professional credentials are verified and their personal 
backgrounds are checked for evidence of incompetence or criminal 
behavior.

While such requirements cannot guarantee safety in health care 
settings, they are intended to minimize the chance of patients 
receiving care from someone who is incompetent or who may intentionally 
harm them. According to medical forensic experts, however, the 
deliberate harm of patients by health care practitioners is a problem 
in the health care sector in general. The well-publicized case of Dr. 
Michael Swango, who pleaded guilty to murdering three veterans while a 
medical resident training at the VA facility in Northport, New York, 
and was sentenced to three consecutive life terms without the 
possibility of parole, illustrates the potentially disastrous effect of 
inadequate screening of health care practitioners.

You asked us to examine VA's policies and practices intended to ensure 
that health care practitioners at its facilities have appropriate 
professional credentials and personal backgrounds to provide safe care 
to veterans. Specifically, we (1) identified key VA screening 
requirements and assessed the extent to which selected VA facilities 
complied with these screening requirements for its health care 
practitioners and (2) determined the adequacy of the key VA screening 
requirements for health care practitioners.

To do our work, we selected 43 occupations in which practitioners have 
direct patient care access or have an impact on patient care and 
identified the key screening requirements that applied to these 
occupations.[Footnote 2] To identify the key screening requirements, we 
reviewed VA employment screening policies and interviewed VA 
headquarters and facility officials and practitioners. To assess the 
extent to which VA facilities complied with the key screening 
requirements, we visited four VA facilities and reviewed a 
statistically random sample of about 100 practitioners' personnel files 
at each site. We selected facilities to visit based on geographic 
variation, affiliations with medical schools to train residents, and 
types of health care services provided. Additionally, we obtained 
documentation on how quickly facilities took action after obtaining the 
results of background investigations. Our results cannot be generalized 
to other facilities. To determine the adequacy of the key screening 
requirements, we examined whether these screening requirements were 
complete, and whether VA applied them to all practitioners it intended 
to hire, practitioners currently employed in VA, contract health care 
staff, medical residents, and volunteers. We also interviewed 
representatives of state licensing boards and national certifying 
organizations and officials and representatives of organizations that 
operate national databases containing information on state licenses and 
national certificates. We did our work from August 2003 through March 
2004 in accordance with generally accepted government auditing 
standards.

In summary, we identified key VA screening requirements and found mixed 
compliance with these requirements in the four facilities we visited. 
The key screening requirements are those that are intended to ensure 
that VA facilities employ health care practitioners who have valid 
professional credentials and personal backgrounds to safely deliver 
health care to veterans. While we found that all facilities generally 
checked, on a periodic basis, the professional credentials of 
practitioners currently employed in VA, they did not verify all of the 
credentials of all of the practitioners they intended to hire. 
Furthermore, VA facilities varied in how quickly they took action after 
obtaining the results of background investigations. During the site 
visit at one facility, we discovered returned background investigation 
results that were over a year old but had not been reviewed. We brought 
them to the attention of facility officials, who reviewed the reports 
and then terminated a nursing assistant who had been fired by a 
previous non-VA employer for patient abuse. Although VA established an 
office more than a year ago to perform oversight of human resources 
functions, including whether its facilities comply with these key 
screening requirements, that office has not conducted any compliance 
reviews at facilities. Furthermore, VA has not implemented a policy for 
the human resources program evaluation to be performed by this office 
and has not provided funds to support this office. This pattern of 
mixed compliance creates vulnerabilities to the extent that VA remains 
unaware of practitioners it employs who could place patients at risk.

We also found gaps in the key VA screening requirements that VA 
officials used to verify the professional credentials and personal 
backgrounds of health care practitioners. We found adequate screening 
requirements for certain practitioners, such as physicians and 
dentists, for whom facilities are required to verify all licenses by 
contacting state licensing boards. However, existing screening 
requirements for others, such as nurses currently employed in VA, are 
less stringent because they do not require that facilities verify all 
state licenses that a nurse may holdæonly one must be checkedæand they 
require only physical inspection of the license rather than contacting 
the state licensing board to verify the status of the license. VA also 
does not require verifying national certificatesæthe credentials held 
by other health care practitioners, such as respiratory therapistsæby 
contacting the national certifying organizations for practitioners VA 
intends to hire and periodically for those employed in VA. Physical 
inspection alone can be misleading; not all professional credentials 
indicate whether they have had disciplinary actions taken against them, 
and credentials can be forged. VA also does not require facility 
officials to query a national database, for other than physicians and 
dentists, that contains reports of professional disciplinary actions 
and criminal convictions, involving all licensed practitioners. In 
addition, many practitioners with direct patient care access, such as 
medical residents, are not required to undergo background 
investigations, including fingerprinting to check for criminal 
histories.

To better ensure the safety of veterans receiving health care at VA 
facilities, in our report we recommend that VA conduct more thorough 
screening of practitioners VA intends to hire and practitioners 
currently employed in VA by expanding its verification requirement that 
facility officials contact state licensing boards and national 
certifying organizations for all state licenses and national 
certificates; expanding the query of a national database to include all 
licensed practitioners that VA intends to hire and periodically for 
practitioners currently employed in VA; and requiring fingerprint 
checks for all health care practitioners who were previously exempted 
from background investigations and who have direct patient care access. 
Furthermore, we recommend that VA conduct oversight to help ensure that 
facilities comply with all screening requirements. In commenting on a 
draft of our report, VA generally agreed with our findings and 
conclusions and stated that it will develop a detailed action plan to 
implement our recommendations.

Background:

VA operates the largest integrated health care system in the United 
States providing care to nearly 5 million veterans per year. The VA 
health care system consists of hospitals, ambulatory clinics, nursing 
homes, residential rehabilitation treatment programs, and readjustment 
counseling centers. In addition to providing medical care, VA is the 
largest educator of health care professionals, training more than 
28,000 medical residents annually as well as other types of trainees.

State licenses are issued by state licensing boards, which generally 
establish licensing requirements, and licensed practitioners may be 
licensed in more than one state.[Footnote 3] "Current and unrestricted 
licenses" are licenses that are in good standing in the state where 
they are issued. To keep a license current, practitioners must renew 
their licenses before they expire and meet renewal requirements 
established by state licensing boards. Renewal requirements include 
criteria, such as continuing education, but renewal procedures and 
requirements vary by state and occupation. When a licensing board 
discovers a licensee is in violation of licensing requirements or 
established law, for example, abusing prescription drugs or 
intentionally or negligently providing poor quality care that results 
in adverse health effects, it may place restrictions on or revoke a 
license. Restrictions imposed by a state licensing board can limit or 
prohibit a practitioner from practicing in that particular state. Some, 
but not all, state licenses are marked to indicate that the licenses 
have had restrictions placed on them. Generally, state licensing boards 
maintain a database of information on restrictions, which employers can 
obtain at no cost either by accessing the information on a board's Web 
site or by contacting the board directly.

National certificates are issued by national certifying organizations, 
which are separate and independent from state licensing 
boards.[Footnote 4] These organizations establish professional 
standards that are national in scope for certain occupations, such as 
respiratory and occupational therapists. Practitioners who are required 
to have national certificates to work at VA must have current and 
unrestricted certificates. Practitioners may renew these credentials 
periodically by paying a fee and verifying that they obtained required 
educational credit hours. A national certifying organization can 
restrict or revoke a certificate for violations of the organization's 
professional standards. Like state licensing boards, national 
certifying organizations maintain databases of information on 
disciplinary actions taken against practitioners with national 
certificates, and many can be accessed at no cost.

VA Facilities Demonstrated Mixed Compliance with Key VA Screening 
Requirements:

We identified key VA screening requirements and found mixed compliance 
with these requirements in the four facilities we visited. The key 
screening requirements are those that are intended to ensure that VA 
facilities employ health care practitioners who have valid professional 
credentials and personal backgrounds to deliver safe health care to 
veterans. None of the four VA facilities complied with all of the 
screening requirements. In addition, VA does not currently conduct 
oversight of its facilities to determine if they comply with the key 
screening requirements.

Key VA screening requirements include:

* verifying the professional credentials of practitioners VA intends to 
hire;

* verifying periodically the professional credentials of practitioners 
currently employed in VA facilities;

* querying, prior to hiring, the Department of Health and Human 
Services' Office of Inspector General's List of Excluded Individuals 
and Entities (LEIE) to identify practitioners who have been excluded 
from participation in all federal health care programs;[Footnote 5]

* ensuring that background investigations are requested or completed 
for practitioners currently employed in VA facilities;

* ensuring that the Declaration for Federal Employment form (Form 306) 
is completed by practitioners currently employed in VA facilities; and:

* verifying that the educational institutions listed by a practitioner 
VA intends to hire are checked against lists of diploma mills that sell 
fictitious college degrees and other fraudulent professional 
credentials.

To show the variability in the level of compliance among the four VA 
facilities we visited, we measured their performance in five of the six 
screening requirements, against a compliance rate of at least 90 
percent for each requirement, even though VA policy allows no deviation 
from these requirements. Table 1 summarizes the compliance results we 
found for the five requirements among the four VA facilities we 
visited. For the sixth requirement to match the educational 
institutions listed by a practitioner against lists of diploma mills, 
we asked facility officials if they did this check and then asked them 
to produce the lists of diploma mills they use.

Table 1: Facilities' Rate of Compliance with Existing Key VA Screening 
Requirements:

Key screening requirements: Credentials verified for practitioners VA 
intends to hire; 
Compliance with key screening requirements[A]: Facility A: 
Compliance rate less than 90 percent; 
Compliance with key screening requirements[A]: Facility B: 
Compliance rate 90 percent or greater; 
Compliance with key screening requirements[A]: Facility C: 
Compliance rate less than 90 percent; 
Compliance with key screening requirements[A]: Facility D: 
Compliance rate less than 90 percent.

Key screening requirements: Credentials verified for practitioners 
currently employed in VA; 
Compliance with key screening requirements[A]: Facility A: 
Compliance rate 90 percent or greater; 
Compliance with key screening requirements[A]: Facility B: 
Compliance rate 90 percent or greater; 
Compliance with key screening requirements[A]: Facility C: 
Compliance rate 90 percent or greater; 
Compliance with key screening requirements[A]: Facility D: 
Compliance rate 90 percent or greater.

Key screening requirements: LEIE queried for practitioners VA intends 
to hire; 
Compliance with key screening requirements[A]: Facility A: 
Compliance rate 90 percent or greater; 
Compliance with key screening requirements[A]: Facility B: 
Compliance rate less than 90 percent; 
Compliance with key screening requirements[A]: Facility C: 
Compliance rate less than 90 percent; 
Compliance with key screening requirements[A]: Facility D: 
Compliance rate less than 90 percent.

Key screening requirements: Background investigation requested or 
completed for practitioners currently employed in VA; 
Compliance with key screening requirements[A]: Facility A: 
Compliance rate 90 percent or greater; 
Compliance with key screening requirements[A]: Facility B: 
Compliance rate less than 90 percent; 
Compliance with key screening requirements[A]: Facility C: 
Compliance rate less than 90 percent; 
Compliance with key screening requirements[A]: Facility D: 
Compliance rate 90 percent or greater.

Key screening requirements: Declaration for Federal Employment form 
completed for practitioners currently employed in VA; 
Compliance with key screening requirements[A]: Facility A: 
Compliance rate 90 percent or greater; 
Compliance with key screening requirements[A]: Facility B: 
Compliance rate 90 percent or greater; 
Compliance with key screening requirements[A]: Facility C: 
Compliance rate 90 percent or greater; 
Compliance with key screening requirements[A]: Facility D: 
Compliance rate 90 percent or greater. 

Source: GAO analysis of VA facility files.

Note: Some screening requirements do not require verifying all licenses 
a practitioner might hold or verifying professional credentials by 
contacting state licensing boards or national certifying organizations.

[A] Tested for significance at the 95 percent confidence level.

[End of table]

All four facilities generally complied with VA's existing policies for 
verifying the professional credentials of practitioners currently 
employed in VA facilities, either by contacting the state licensing 
boards for practitioners such as physicians or physically inspecting 
the licenses or national certificates for practitioners such as nurses 
and respiratory therapists. They also generally ensured that 
practitioners VA intended to hire had completed the Declaration for 
Federal Employment form, which requires the practitioner to disclose, 
among others things, criminal convictions, employment terminations, and 
delinquencies on federal loans. However, three of the facilities did 
not follow VA's policies for verifying the professional credentials of 
practitioners VA intends to hire, and three did not compare 
practitioners' names to LEIE prior to hiring them. Two of the four 
facilities conducted background investigations on practitioners 
currently employed in their facilities at least 90 percent of the time, 
but the other two facilities did not.

We also asked officials whether their facilities checked the 
educational institutions listed by a practitioner VA intended to hire 
against a list of diploma mills to verify that the practitioner's 
degree was not obtained from a fraudulent institution. An official at 
one of the four facilities told us he consistently performed this 
check. Officials at the other three facilities stated that they did not 
perform the check because they did not have lists of diploma mills.

In addition to assessing the rate of compliance with the key screening 
requirements, we found that VA facilities varied in how quickly they 
took action to deal with background investigations that returned 
questionable results, such as discrepancies in work or criminal 
histories. The Office of Personnel Management (OPM) gives a VA facility 
up to 90 days to take action after the facility receives investigation 
results with questionable findings. We reviewed the timeliness of 
actions taken by facility officials from August 1, 2002, through August 
23, 2003, at the 4 facilities we visited and 6 additional facilities 
geographically spread across the VA health care system. We found that 
officials at 5 of the 10 facilities took action within the 90-day time 
frame, with the number of days ranging on average from 13 to 68. 
Officials at 3 facilities exceeded the 90-day time frame on average by 
36 to 290 days. One facility took action on its cases prior to OPM 
closing the investigation, and another facility did not have the 
information available to report.

One of the cases that exceeded the 90-day time frame involved a nursing 
assistant who was hired to work in a VA nursing home in June 2002. In 
August 2002, OPM sent the results of its background investigation to 
the VA facility, reporting that the nursing assistant had been fired 
from a non-VA nursing home for patient abuse. During our review, we 
found this case among stacks of OPM results of background 
investigations that were stored in a clerk's office on a cart and in 
piles on the desk and on other workspaces. After we brought this case 
to the attention of facility officials in December 2003, they reviewed 
the report and then terminated the nursing assistant, who had worked at 
the VA facility for more than 1 year, for not disclosing this 
information on the Declaration for Federal Employment form.

VA has not conducted oversight of its facilities' compliance with the 
key screening requirements. Instead, VA has relied on OPM to do limited 
reviews of whether facilities were meeting certain human resources 
requirements, such as completion of background investigations. These 
reviews did not include determining whether the facilities were 
verifying professional credentials. Although VA established the Office 
of Human Resources Oversight and Effectiveness in January 2003 to 
conduct such oversight, the office has not conducted any facility 
compliance evaluations. In addition, VA has not implemented a policy 
for the human resources program evaluation to be performed by this 
office and has not provided the resources necessary to support this 
office.

Gaps in Key VA Screening Requirements Create Vulnerabilities:

Gaps in VA's requirements for screening the professional credentials 
and personal backgrounds of practitioners create vulnerabilities in its 
screening processes that could place patients at risk by allowing 
health care practitioners who might harm patients to work in VA 
facilities. For certain VA practitioners, screening requirements 
include the verification of all state licenses by contacting the state 
licensing boards to verify that licenses are current and unrestricted. 
For example, all state licenses for physicians and dentists are 
verified by contacting state licensing boards to ensure the licenses 
are in good standing when VA intends to hire them and periodically 
during employment. Similarly, all licenses for nurses and pharmacists 
VA intends to hire are verified by contacting the state licensing 
boards. However, once hired, periodic screening for nurses and 
pharmacists simply involves a VA official's physical inspection of one 
state license, even if the practitioner has multiple state licenses, 
creating a gap in the verification process.

VA's requirements allow a practitioner to select the license under 
which he or she will work in VA, and this license can be from any 
state, not necessarily the one in which the VA facility is located. A 
practitioner may have a restricted state license as a result of a 
disciplinary action, yet show a facility official a license from 
another state that is unrestricted. VA facility officials informed us 
that checking one state license was sufficient because state licensing 
boards share information on disciplinary actions and licenses are 
marked when restricted. However, according to state licensing board 
officials, one cannot determine with certainty that a license is valid 
and unrestricted unless the licensing board is contacted directly. 
These officials explained that state licensing boards do not always 
exchange information about disciplinary actions taken against a 
practitioners and not all states mark licenses that are restricted. 
Moreover, licenses can be forged, even though state licensing boards 
have taken steps to minimize this problem. Therefore, physical 
inspection of a license alone can be misleading.

To supplement the screening of the state licenses of physicians and 
dentists, VA requires facilities to query two national databasesæthe 
National Practitioner Data Bank (NPDB) and the Federation of State 
Medical Boards (FSMB) databaseæwhich contain information about 
disciplinary actions taken against practitioners. Another available 
national database, the Healthcare Integrity and Protection Data Bank 
(HIPDB), contains information on professional disciplinary actions and 
criminal convictions involving all licensed health care practitioners, 
not just physicians and dentists. VA is currently accessing HIPDB 
automatically when it queries NPDB for physicians and dentists because 
the databases share information. However, VA does not require its 
facilities to do so for all licensed practitioners even though it is 
authorized to query HIPDB without a fee.

VA also requires that practitioners it intends to hire and who must 
have national certificates to work in VA facilities, such as 
respiratory therapists, disclose the national certificates and any 
state licenses they have ever held. However, VA facility officials are 
not required to check state licenses disclosed by these practitioners 
and are only required to physically inspect the national certificates. 
As with physical inspection of state licenses, physical inspection of 
national certificates alone can be misleading; not all certificates are 
marked if restricted, and they can be forged. The only way to know with 
certainty if a national certificate is current and unrestricted is to 
contact the issuing national certifying organization.

In addition to gaps in VA's verification of professional credentials, 
VA has not implemented consistent background screening requirements, 
which would include fingerprint checks, for all practitioners. Although 
VA requires background investigations for some practitioners currently 
employed in VA, it does not require these investigations for all types 
of practitioners. VA requested and received OPM's permission to exempt 
certain categories of health care practitioners from background 
investigations based on VA's assessment that these types of 
practitioners do not need to be investigated. Table 2 lists the 
practitioners that VA exempts from background investigations.

Table 2: Types of Practitioners VA Exempts from Background 
Investigations:
 Types of practitioners VA exempts: Contract health care practitioners 
or practitioners who work without direct compensation from VA; 
Length of appointment: 
* 6 months or less in a single continuous appointment or series of 
appointments.

Types of practitioners VA exempts: Medical consultants; 
Length of appointment: 
* 1 year or less and not reappointed; 
* 1 year or more but less than 30 days in a calendar year and not 
reappointed.

Types of practitioners VA exempts: Medical residents; 
Length of appointment: 
* 1 year or less of continuous service at a VA facility. 

Source: Department of Veterans Affairs, VA Manual MP-1, Part I, Chapter 
5, Change 1 (Washington, D.C.: 1979).

[End of table]

OPM began to offer a fingerprint-only checkæa new screening optionæfor 
use by federal agencies in 2001. Compared to background investigations, 
which typically take several months to complete, fingerprint-only check 
results can be obtained within 3 weeks at a cost of less than 
$25.[Footnote 6] In commenting on a draft of our report, VA said that 
it planned to implement fingerprint-only checks for all contract health 
care practitioners, medical residents, medical consultants, and 
practitioners who work without direct compensation from VA, as well as 
certain volunteers. However, VA has not issued guidance to its 
facilities instructing them to implement fingerprint-only checks on all 
these practitioners. VA did issue guidance to its facilities to 
implement fingerprint-only checks for volunteers who have access to 
patients, patient information, or pharmaceuticals.

Implementing fingerprint-only checks for practitioners who are 
currently exempt from background investigations would detect 
practitioners with criminal histories. According to the lead VA Office 
of Inspector General investigator in the Dr. Swango case, if Dr. Swango 
had undergone a fingerprint check at the VA facility where he trained, 
VA facility officials would have identified his criminal history and 
could have taken appropriate action. Additionally, one of the 
facilities we visited had implemented fingerprint-only checks of 
medical residents training in the facility and contract health care 
practitioners. An official at this facility stated that fingerprint-
only checks of medical residents and contract practitioners were a 
necessary component of ensuring the safety of veterans in the facility. 
FSMB in 1996 recommended that states perform background investigations, 
including criminal history checks, on medical residents to better 
protect patients because residents have varying levels of unsupervised 
patient care.

Concluding Observations:

VA's screening requirements are intended to ensure the safety of 
veterans by identifying practitioners with restricted or fraudulent 
credentials, criminal backgrounds, or questionable work histories. 
However, compliance with the existing key screening requirements was 
mixed at the four facilities we visited. None of the four facilities 
complied with all of the key VA screening requirements. However, all 
four facilities generally complied with VA's requirement to 
periodically verify the credentials of practitioners for their 
continued employment. Although VA created the Office of Human Resources 
Oversight and Effectiveness in January 2003 expressly to provide 
oversight of VA's human resources practices at its facilities, it has 
not provided resources for this office to carry out its oversight 
function. Without such oversight, VA cannot provide reasonable 
assurance that its facilities comply with requirements intended to 
ensure the safety of veterans receiving health care in VA facilities.

Even if VA facilities had complied with all key screening requirements, 
gaps in VA's existing screening requirements allow some practitioners 
access to patients without a thorough screening of their professional 
credentials and personal backgrounds. For example, although the 
screening requirements for verifying professional credentials for some 
occupations, such as physicians, are adequate, VA does not apply the 
same screening requirements for all occupations with direct patient 
care access. Specifically, VA does not require that all licenses be 
verified, or that licenses and national certificates be verified by 
contacting state licensing boards or national certifying organizations. 
Similarly, while VA relies on two national databases to identify 
physicians and dentists who have disciplinary actions taken against 
them, VA does not require facility officials to query HIPDB. This 
national database provides information on reports of professional 
disciplinary actions and criminal convictions that may involve 
currently employed licensed practitioners and those VA intends to hire. 
As part of its query of another database, VA accesses HIPDB 
automatically for physicians and dentists, but practitioners such as 
nurses, pharmacists, and physical therapists do not have their state 
licenses checked against this national database. In addition, VA does 
not require all practitioners with direct patient care access, such as 
medical residents, to have their fingerprints checked against a 
criminal history database. These gaps create vulnerabilities that could 
allow incompetent practitioners or practitioners with the intent to 
harm patients into VA's health care system. In light of the gaps we 
found and mixed compliance with the key screening requirements by VA 
facilities, we believe effective oversight could reduce the potential 
risks to the safety of veterans receiving health care in VA facilities.

In our report, we recommend that VA take the following four actions:

* expand the verification requirement that facility officials contact 
state licensing boards and national certifying organizations to include 
all state licenses and national certificates held by practitioners VA 
intends to hire and currently employed practitioners,

* expand the query of the Healthcare Integrity and Protection Data Bank 
to include all licensed practitioners that VA intends to hire and 
periodically query this database for practitioners currently employed 
in VA,

* require fingerprint checks for all health care practitioners who were 
previously exempted from background investigations and who have direct 
patient care access, and:

* conduct oversight to help ensure that facilities comply with all key 
screening requirements for practitioners VA intends to hire and 
practitioners currently employed by VA.

Mr. Chairman, this concludes my prepared remarks. I will be pleased to 
answer any questions you or other Members of the Subcommittee may have.

Contact and Acknowledgments:

For further information regarding this testimony, please contact 
Cynthia A. Bascetta at (202) 512-7101. Mary Ann Curran and Marcia Mann 
also contributed to this statement.

FOOTNOTES

[1] U.S. General Accounting Office, VA Health Care: Improved Screening 
of Practitioners Would Reduce Risk to Veterans, GAO-04-566 (Washington, 
D.C.: Mar. 31, 2004).

[2] Although VA has many employment screening requirements, such as 
whether the applicant is a United States citizen, we selected only 
those requirements that pertain to patient safety, such as verification 
of credentials and background investigations. 

[3] State licenses are issued by offices in states, territories, 
commonwealths, or the District of Columbia, collectively referred to as 
state licensing boards.

[4] Some practitioners may hold both national certificates and state 
licenses.

[5] LEIE, a database maintained by the Department of Health and Human 
Services' Office of Inspector General, provides information to the 
public, health care providers, patients, and others relating to parties 
excluded from participation in Medicare, Medicaid, and all federal 
health care programs. 

[6] Departments and agencies may obtain fingerprints in two ways: 
either using paper or using computerized technology, which became 
available in 1999. Computerized technology typically produces 
fingerprint match results in 2 days.