Director of Policy and Planning (10D1A1)

2900-AS00 202310 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2900 Department of Veterans Affairs VA Revision of Veterans Community Care Program (VCCP) Access Standards

VA proposes to revise its designated access standards for purposes of the Veterans Community Care Program to consider a veteran’s preference for telehealth when scheduling appointments. VA additionally proposes to consider whether and how to address standards for when a VA provider is not available within the existing average drive time standards.

]]> Other Significant First Time Published in The Unified Agenda Proposed Rule Stage No No 38 CFR 17.4040 38 U.S.C. 1703 38 U.S.C. 1703B Yes

This rulemaking is needed to implement certain provisions of section 125 of Division U of the Consolidated Appropriations Act, 2023, the Joseph Maxwell Cleland and Robert Joseph Dole Memorial Veterans Benefits and Health Care Improvement Act of 2022 (hereinafter referred to as the Act).

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Pursuant to 38 U.S.C. 1703 and 1703B and subject to regulations at 38 CFR 17.4000-17.4040, VA administers the Veterans Community Care Program (VCCP) to furnish care in the community to covered Veterans at their election and subject to the availability of appropriations. Consistent with 38 U.S.C. 1703(d)(1)(D) and 1703B, current 38 CFR 17.4010(a)(4) establishes eligibility for the VCCP if a covered veteran has contacted VA to request required care or services, but VA has determined it is not able to furnish such care or services in a manner that complies with VA’s designated access standards in 17.4040. Section 125 of the Act amended section 1703B(f) to require VA to meet the access standards established under section 1703B(a) when furnishing care through VCCP and ensure that meeting such access standards is reflected in the contractual requirements of third-party administrators (TPA).

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VA does not interpret that there is an alternative to implementing certain provisions of section 125 of the Act. VA does not interpret that there is an alternative to a two-stage rulemaking because current VCCP regulations do not apply VA access standards to eligible entities and providers (non-VA providers) under TPA agreements, and to do so requires notice and comment prior to being implemented.

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VA does not anticipate this rulemaking would result in $200 million or more in costs or savings. VA anticipates benefits for Veterans as eligible entities and providers participating in VCCP would also be subject to measurable access standards designed to improve Veteran’s access to care. Actual costs will be determined and reflected in this section of ROCIS once the Reg is formally sent to OMB for a formal Executive Order 12866 review.

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None identified.

]]> NPRM 04/00/2024 No No None No No www.regulations.gov No No Joseph Duran Director of Policy and Planning (10D1A1) 2900 Department of Veterans Affairs VA 303 370-1637 joseph.duran2@va.gov 3773 Cherry Creek North Drive, Denver CO 80209