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The Department of Veterans Affairs (VA) proposes 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.

Statement of Need:

This rulemaking is necessary to implement the provisions of section 103(a) of the Honoring our Promise to Address Comprehensive Toxics Act of 2022, Public Law 117-168 (PACT Act), which expanded the provision of health care and nursing home care to new groups of toxic-exposed veterans. This rule would also amend VA’s medical regulations to exempt such veterans from copayments for certain care.

Summary of the Legal Basis:

Pursuant to 38 U.S.C. 1710, VA proposes to amend its medical regulations and regulations on per diem for nursing home care of veterans in State homes. This would conform with changes made to 38 U.S.C. 1710 by section 103 of the PACT Act.

Alternatives:

TBD.

Anticipated Costs and Benefits:

TBD.

Risks:

Delayed access to health care for these toxic-exposed veterans that would be newly-eligible for VA health care.  These additional groups of toxic-exposed veterans who are already enrolled in VA health care would continue to be charged copayments for care of illness related to their toxic exposures until these changes are made.