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GAO-15-206R 1 (2014-11-07)

handle is hein.gao/gaobadqsr0001 and id is 1 raw text is: A O U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-326375 November 7, 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 2015 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 2015 (RIN: 2900-AP15). We received the rule on October 22, 2014. It was published in the Federal Register as an interim final rule on October 27, 2014. 79 Fed. Reg. 63,819. The interim final rule amends VA's medical regulations concerning the copayment required for certain medications. Absent this rule, beginning on January 1, 2015, the copayment amount would increase based on a formula set in regulation. The maximum annual copayment amount payable by veterans would also increase. This rule freezes copayments for 2015 at the current rate for veterans in priority categories 2 through 8, and thereafter resumes increasing copayments in accordance with the regulatory formula. 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). The final rule has a stated effective date of October 27, 2014. The rule was received on October 22, 2014, and was published in the Federal Register on October 27, 2014. Therefore, the final rule does not have the required 60- day delay in its effective date. The 60-day delay in effective date can be waived, however, if the agency finds for good cause that delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. 5 U.S.C. §§ 553(d)(3), 808(2). VA determined that increasing the copayment amount on January 1, 2015, might cause a significant financial hardship for some veterans and may decrease patient adherence to medical plans and have other unpredictable negative health effects. For this reason, VA found that for this rule additional advance notice and public procedure thereon were impracticable, unnecessary, and contrary to the public interest. GAO-15-206R

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