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B-330134 1 (2018-06-19)

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


B-330134


June 19, 2018

The Honorable Johnny Isakson
Chairman
The Honorable Jon Tester
Ranking Member
Committee on Veterans' Affairs
United States Senate

The Honorable Phil Roe, M.D.
Chairman
The Honorable Tim Walz
Ranking Member
Committee on Veterans' Affairs
House of Representatives

Subject: Department of Veterans Affairs: Reimbursement for Emergency Treatment

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 Reimbursement for
Emergency Treatment (RIN: 2900-AQ08). We received the rule on June 5, 2018. It was
published in the Federal Register as an interim final rule on January 9, 2018. 83 Fed. Reg. 974.
The effective date for the interim final rule was January 9, 2018.

The interim final rule revises VA regulations concerning payment or reimbursement for
emergency treatment for non-service-connected conditions at non-VA facilities to implement the
requirements of a recent court decision. Specifically, this rulemaking expands eligibility for
payment or reimbursement to include veterans who receive partial payment from a health-plan
contract for non-VA emergency treatment and establishes a corresponding reimbursement
methodology. This rulemaking also expands the eligibility criteria for veterans to receive
payment or reimbursement for emergency transportation associated with the emergency
treatment, in order to ensure that veterans are adequately covered when emergency
transportation is a necessary part of their non-VA emergency treatment.

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). This interim final rule was received on June 5,
2018. It was published in the Federal Register on January 9, 2018, and has a stated effective
date of January 9, 2018. 83 Fed. Reg. 974. Therefore, the interim final rule does not have the
required 60-day delay in its effective date.

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