any attorney of the individual or the estate representing the individual or the estate with respect to such claim. (2) If the Secretary does not make the notification required by paragraph (1) during the period required by that paragraph with respect to civil actions or other proceedings brought by an individual, or the estate of an individual, for damages for personal injury, including death, allegedly arising from malpractice or negligence of a non-Department provider, the non-Department provider shall be treated as if the provider were a health care employee of the Administration with respect to the health care or treatment furnished by that provider in a facility of the Department to the individual. (3) If a non-Department provider described in paragraph (2) is the defendant employee of a civil action or proceeding pursuant to this section, any claim of that provider for benefits under an insurance policy with respect to medical malpractice relating to such civil action or proceeding shall be subrogated to the United States. (4) (A) If a non-Department provider described in paragraph (1) or (2) is the defendant employee of at least three separate covered cases during a five-year period, the Secretary— (i) shall revoke the provider’s authorization to provide health care or treatment at a facility of the Department