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GAO-15-592R 1 (2015-05-11)

handle is hein.gao/gaobadrdg0001 and id is 1 raw text is: ctAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-326902 May 11, 2015 The Honorable Johnny Isakson Chairman The Honorable Richard Blumenthal Ranking Member Committee on Veterans' Affairs United States Senate The Honorable Jeff Miller Chairman The Honorable Corrine Brown Ranking Member Committee on Veterans' Affairs House of Representatives Subject: Department of Veterans Affairs: Driving Distance Eligibility for the Veterans Choice Program 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 entitled Driving Distance Eligibility for the Veterans Choice Program (RIN: 2900-AP24). We received the rule on April 20, 2015. It was published in the Federal Register as an interim final rule on April 24, 2015. 80 Fed. Reg. 22,906. The interim final rule amends the regulations implementing section 101 of the Veterans Access, Choice, and Accountability Act of 2014, which directed VA to establish a program to furnish hospital care and medical services through eligible non-VA health care providers to eligible veterans who either cannot be seen within the wait-time goals of the Veterans Health Administration or who qualify based on their place of residence (hereafter referred to as the Veterans Choice Program, or the Program). The interim final rule modifies how VA measures the distance from a veteran's residence to the nearest VA medical facility. This modified standard will consider the distance the veteran must drive to the nearest VA medical facility, rather than the straight-line or geodesic distance to such a facility. 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 April 24, 2015. The rule was received on April 20, 2015, and was published in the Federal Register on April 24, 2015. 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 there was good cause to publish this rule with an GAO-15-592R

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