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RIN: 2900-AR73

Publication ID: Fall 2022

Title: ●Technical Revisions to Expand Health Care for Certain Toxic Exposure and Overseas Contingency Service
Abstract: The Department of Veterans Affairs (VA) is issuing this rule to amend its medical regulations governing eligibility for VA health care and copayment requirements to conform to recent statutory changes made by section 103 of the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, Public Law 117-168 (PACT Act). VA is changing its medical benefits enrollment criteria to include toxic-exposed veterans and veterans who supported certain overseas contingency operations, to exempt such veterans from copayments for certain care, and to provide per diem for nursing home care for such veterans. The amendments in this regulation are in accordance with the President’s priorities to address toxic exposure.
Agency: Department of Veterans Affairs(VA)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 38 CFR 17.36 38 CFR 17.108 38 CFR 17.110 38 CFR 17.111 38 CFR 51.50
Legal Authority: 38 U.S.C. 1710 Pub. L. 117-168 sec. 103(a)

Legal Deadline: None

Statement of Need:

VA must amend its medical regulations governing eligibility for VA health care and copayment requirements to conform to recent statutory changes made by section 103 of the Honoring our PACT Act of 2022. VA would change its medical benefits enrollment criteria to include toxic-exposed veterans and veterans who supported certain overseas contingency operations, to exempt such veterans from copayments for certain care, and to provide per diem for nursing home care for such veterans.

Summary of the Legal Basis:

These changes are authorized in accordance with section 103(a) of Public Law 117-168 and the related amendments to 38 U.S.C. 1710.

Alternatives:

None.

Anticipated Costs and Benefits:

The initial estimate for the additional medical enrollment (including the cost of care) pursuant to section 103(a) is $966,347,000 from FY23 to FY32.

Risks:

None anticipated, as the authority has been codified in statute.

Timetable:

Action	Date	FR Cite
Final Action	09/00/2023

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: Yes
RIN Information URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Ryan Heiman Acting Deputy Director, VHA Member Services Department of Veterans Affairs 3401 SW 21st Street, Building 9, Topeka, KS 66604 Phone:785 817-2719 Email: ryan.heiman@va.gov