WASHINGTON – U.S. Senators John Cornyn (R-TX) and Ted Cruz (R-TX) released the following statements after their Private Smither Act, which would require the Department of Defense (DoD) to provide a health care provider’s affiliation in a patient’s medical record, was signed into law as part of the National Defense Authorization Act:

“Private Second Class Caleb Smither’s life and service to our country was sadly cut short, and my hope is that this law will help us prevent similar tragedies in the future,” said Sen. Cornyn.“Now law,this legislation will ensure our service members have access to key health care information and hold DoD-contract health care providers accountable for the quality of care they provide.”

“Private Caleb Smither, from Lubbock, Texas, was a proud Paratrooper of the 82nd Airborne Division who served faithfully until his life was cut short by preventable circumstances,” said Sen. Cruz. “Caleb’s mother, Heather Baker, has advocated for greater transparency concerning military medical malpractice, and this bill honors Caleb’s service and Heather’s advocacy in ensuring that transparency. We owe it to Caleb, and all the brave men and women of the armed forces to prioritize their safety, and I am proud to see the Private Smither Act signed into law.”

Congressman Jodey Arrington (TX-19) introduced the legislation in the House of Representatives in July.

Background:

In 2020, Texan and Army Private Second Class (PV2) Caleb Smither, who was stationed at Fort Bragg, now Fort Liberty, passed away after enduring a head injury and receiving medical care from an independent contractor at the base’s Womack Army Medical Center.

The Private Smither Act requires the DoD to include a health care provider’s affiliation (DoD or non-DoD) in a patient’s medical record. By including this information in a patient’s medical record, the patient will know whether or not to pursue a claim against the military or the non-personal services contractor’s medical malpractice insurance in the event of medical malpractice.