2900-AQ08 202310 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2900 Department of Veterans Affairs VA Reimbursement for Emergency Treatment

The Department of Veterans Affairs (VA) amended its regulations concerning payment or reimbursement for emergency treatment for non-service-connected conditions at non-VA facilities to implement the requirements of a 2016 court decision. This rulemaking expanded 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 expanded 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.  In September of 2019, the Court of Appeals for Veterans Claims issued a decision invalidating a portion of this regulation.  Further regulatory action will be held pending the conclusion of this ongoing litigation.

]]> Section 3(f)(1) Significant Previously Published in The Unified Agenda Final Rule Stage Yes No 38 CFR 17.1002 38 CFR 17.1003 38 CFR 17.1005 38 U.S.C. 501 No Interim Final Rule 01/19/2018 83 FR 974 Interim Final Rule Effective 01/19/2018 Interim Final Rule Comment Period End 03/12/2018 Final Action 02/22/2023 88 FR 10835 Final Rule Comment Period End 04/24/2023 Final Action Effective 04/24/2023 Final Action 04/00/2024 No No None No No www.regulations.gov No No Joseph Duran Director, Policy and Planning (10D1A1) 2900 Department of Veterans Affairs VA 303 372-4629 joseph.duran2@va.gov 3773 Cherry Creek North Drive, Denver CO 80209