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GAO-15-844R 1 (2015-09-30)

handle is hein.gao/gaobadrmr0001 and id is 1 raw text is: GA U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-327358 September 30, 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: 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 September 10, 2015. It was published in the Federal Register as a final rule on September 16, 2015. 80 Fed. Reg. 55,544. This rule adopts as final, with changes, an interim final rule amending VA medical regulations to freeze the copayments required for certain medications provided by VA until December 31, 2015.1 Under the interim final rule, copayment amounts were maintained at the same rates as they were in 2014 (which were $8 for veterans in priority groups 2-6 and $9 for veterans in priority groups 7 and 8), and would have increased based on the prescription drug component of the Medical Consumer Price Index on January 1, 2016. This final rule extends the current freeze for copayments through December 31, 2016. 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 September 16, 2015. The rule was received on September 16, 2015, and was published in the Federal Register on September 16, 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 increasing the copayment 1 The interim final rule was also a major rule that we reported on pursuant to the Congressional Review Act. See, GAO-1 5-206R (Washington, D.C.: Nov. 7, 2014). GAO-15-844R

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