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GAO-14-654R 1 (2014-06-09)

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cIAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-325882


June 9, 2014

The Honorable Bernie Sanders
Chairman
The Honorable Richard Burr
Ranking Member
Committee on Veterans' Affairs
United States Senate

The Honorable Jeff Miller
Chairman
The Honorable Michael H. Michaud
Ranking Member
Committee on Veterans' Affairs
House of Representatives

Subject: Department of Veterans Affairs: Copayments for Medications in 2014

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Veterans Affairs (VA) entitled Copayments for Medications
in 2014 (RIN: 2900-AO91). We received the rule on May 21, 2014. It was published in the
Federal Register as a final rule on May 27, 2014. 79 Fed. Reg. 30,043.

The final rule adopts without change, an interim final rule that was published on December 30,
2013, (78 Fed. Reg. 79,315) amending the VA medical regulations to freeze the copayments
required for certain medications provided by VA until December 31, 2014. Under that rule, the
copayment amounts for all veterans were maintained at the same rates as they were in 2013,
which were $8 for veterans in priority groups 2-6 and $9 for veterans in priority groups 7 and 8.
On January 1, 2015, the copayment amounts may increase based on the prescription drug
component of the Medical Consumer Price Index (CPI-P).

This final rule is effective on May 27, 2014. The Congressional Review Act (CRA) requires a
60-day delay in the effective date of a major rule from the date of publication in the Federal
Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A).
However, notwithstanding the 60-day delay requirement, any rule that an agency for good
cause finds that notice and public procedures are impractical, unnecessary, or contrary to the
public interest is to take effect when the promulgating agency so determines. §§ 553(d)(3),
808(2). The Secretary of Veterans Affairs concluded that there is good cause under 5 U.S.C.
§§ 553(b)(B) and (d)(3) to dispense with the opportunity for advance notice and opportunity for
public comment and good cause to publish this rule with an immediate effective date.

Enclosed is our assessment of VA's compliance with the procedural steps required by section
801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the procedural steps
taken indicates that VA complied with all applicable requirements.


GAO-14-654R

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