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The Department of Veterans Affairs (VA) intends to add new regulations to title 38 Code of Federal Regulations to implement section 102 of Public Law 115-182 (hereafter referred to as the "Mission Act"), to establish the use of Veterans Care Agreements (VCAs) to procure care in the community for eligible Veterans.

Overall Description of Deadline: VA is required to establish the permanent Community Care program under 38 U.S.C. 1703 by June 6, 2019. By June 6, 2019, VA's current ability to use provider agreements and individual authorizations to purchase community care will also lapse. The procurement agreements established in this interim final rule, and authorized by 38 U.S.C. 1703A, are required to implement the program required under 38 U.S.C. 1703.

Statement of Need:

In accordance with section 101 of the Mission Act, VA is required to implement the Veterans Community Care Program by June 6, 2019, under which VA will provide care to eligible Veterans through non-VA providers in the community. Also under the Mission Act, the current Veterans Choice Program to provide community care will lapse on June 6, 2019, as will two of VA’s current methods of procuring community care (Veterans Choice Program provider agreements, and individual authorizations). The VCAs under section 102 of the Mission Act will essentially replace these two current methods of VA procurement of community care, and the VCAs are required to be in place six months prior to implementation of the Veterans Community Care Program to provide lead time for VA to establish new procurement relationships with community providers.

Summary of the Legal Basis:

Pub. L. 115182, section 102 requires VA to establish the permanent Community Care program under 38 U.S.C. 1703 by June 6, 2019. The procurement agreements established in this interim final rule, and authorized by 38 U.S.C. 1703A, are required to implement the program required under 38 U.S.C. 1703.

Alternatives:

TBD

Anticipated Costs and Benefits:

TBD

Risks:

If VA does not publish new regulations, it will not be able to implement the required Veterans Community Care Program and legally procure care for our Nations Veterans, which is a tremendous health and safety risk.