View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
VA RIN: 2900-AN08 Publication ID: Fall 2008 
Title: ●Payment and Reimbursement of the Expenses of Medical Services Not Previously Authorized 
Abstract: The Department of Veterans Affairs (VA) is proposing to amend its regulations concerning emergent hospital care and medical services provided to certain eligible veterans at non-VA facilities that were not preauthorized. Title 38 of the United States Code (U.S.C.) section 1728 authorizes the Secretary to reimburse or make payment for the reasonable value of non-VA emergency treatment that was not preauthorized to veterans who have legal eligibility as stated in 38 U.S.C. section 1728(a). Title 38 Code of Federal Regulations (CFR) further codifies the statute in section 17.120 by defining a medical emergency as an emergency of such nature that delay would have been hazardous to life or health, and in section 17.121 by limiting reimbursement or payment to the period of the initial medical emergency evaluation and treatment. This proposal would amend the regulations to adopt the "prudent layperson" standard for evaluating the need for emergency medical services. This proposal also permits VA to reimburse or pay for hospital care not previously authorized that is furnished beyond the point the medical emergency ended if the veteran requires continued hospital care and requests transfer to VA care but the transfer of the veteran cannot be effected due either to the lack of an available hospital bed at a VA facility or other Federal facility or the inability of VA or other Federal facility to accept transfer of the veteran. 
Agency: Department of Veterans Affairs(VA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
CFR Citation: 38 CFR 17.120    38 CFR 17.121   
Legal Authority: 38 USC 1728   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2008    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: leslie.niemiec2@med.va.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Les Niemiec
Chief, National Fee Program Office
Department of Veterans Affairs
P.O. Box 469060,
Denver, CO 80246
Phone:720 889-2349
Email: leslie.niemiec2@va.gov