Austin News

U.S. Senators John Cornyn and Ted Cruz have announced the signing of their Private Smither Act into law, a measure included in the National Defense Authorization Act. This legislation mandates that the Department of Defense (DoD) must disclose a health care provider’s affiliation within a patient’s medical record.

Senator Cornyn remarked, “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.” He added that the new law aims to ensure service members have access to crucial health care information and hold DoD-contract health care providers accountable for their quality of care.

Senator Cruz highlighted Private Caleb Smither's background, stating, “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.” He noted Heather Baker's advocacy for greater transparency concerning military medical malpractice as an inspiration for the bill. “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,” he said.

The legislation was introduced in the House by Congressman Jodey Arrington in July. The act stems from an incident in 2020 when Army Private Second Class Caleb Smither died after receiving treatment at Fort Bragg's Womack Army Medical Center from an independent contractor.

The Private Smither Act requires that patients are informed whether they should pursue claims against military or non-personal services contractor’s medical malpractice insurance if needed. This step is intended to provide clarity on accountability for medical care received by service members.