38 CFR 17.904 - Review and appeal process.
For purposes of §§ 17.900 through 17.905, if a health care provider, child, or representative disagrees with a determination concerning provision of health care or with a determination concerning payment, the person or entity may request reconsideration. Such request must be submitted in writing (by facsimile, mail, or hand delivery) within one year of the date of the initial determination to the Health Administration Center (Attention: Chief, Benefit and Provider Services). The request must state why it is believed that the decision is in error and must include any new and relevant information not previously considered. Any request for reconsideration that does not identify the reason for dispute will be returned to the sender without further consideration. After reviewing the matter, including any relevant supporting documentation, a benefits advisor will issue a written determination (with a statement of findings and reasons) to the person or entity seeking reconsideration that affirms, reverses, or modifies the previous decision. If the person or entity seeking reconsideration is still dissatisfied, within 90 days of the date of the decision he or she may submit in writing (by facsimile, mail, or hand delivery) to the Health Administration Center (Attention: Director) a request for review by the Director, Health Administration Center. The Director will review the claim and any relevant supporting documentation and issue a decision in writing (with a statement of findings and reasons) that affirms, reverses, or modifies the previous decision. An appeal under this section would be considered as filed at the time it was delivered to the VA or at the time it was released for submission to the VA (for example, this could be evidenced by the postmark, if mailed).
The final decision of the Director will inform the claimant of further appellate rights for an appeal to the Board of Veterans' Appeals.
Title 38 published on 08-Mar-2018 04:20
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR Part 17 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2018-04245 RIN 2900-AQ01 DEPARTMENT OF VETERANS AFFAIRS Interim final rule. Effective date: This rule is effective on March 5, 2018. Comment date: Comments must be received on or before May 4, 2018. 38 CFR Part 17 The Department of Veterans Affairs (VA) amends its regulation to provide for reimbursement of qualifying adoption expenses incurred by a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. Under the Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act, VA may use funds appropriated or otherwise made available to VA for the “Medical Services” account to provide adoption reimbursement to these veterans. Under the law, reimbursement may be for the adoption-related expenses for an adoption that is finalized after the date of the enactment of this Act under the same terms as apply under the adoption reimbursement program of the Department of Defense (DoD), as authorized in DoD Instruction 1341.09, including the reimbursement limits and requirements set forth in such instruction. This rulemaking implements the new adoption reimbursement benefit for covered veterans.
GPO FDSys XML | Text type regulations.gov FR Doc. 2018-01865 RIN 2900-AP55 DEPARTMENT OF VETERANS AFFAIRS Proposed rule. Written comments must be received on or before April 2, 2018. 38 CFR Part 17 The Department of Veterans Affairs (VA) proposes to amend its medical regulations related to hospital care and medical services in foreign countries. We would amend the regulations to simplify and clarify the scope of these rules. We would address medical services provided to eligible veterans in the Republic of the Philippines, and remove regulations related to grants to the Republic of the Philippines that are no longer supported by statutory authority. VA also proposes to amend its medical regulations related to filing claims for reimbursement of medical expenses incurred for VA care not previously authorized.
GPO FDSys XML | Text type regulations.gov FR Doc. 2018-00332 RIN 2900-AP02 DEPARTMENT OF VETERANS AFFAIRS Proposed rule. Written comments must be received on or before March 19, 2018. 38 CFR Part 17 The Department of Veterans Affairs (VA) proposes to amend its regulations governing the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA). The proposed revisions would clarify and update these regulations to conform to changes in law and policy that control the administration of CHAMPVA and would include details concerning the administration of CHAMPVA that are not reflected in current regulations. The proposed revisions would also expand covered services and supplies to include certain preventive services and eliminate cost-share amounts and deductibles for certain covered services.
GPO FDSys XML | Text type regulations.gov FR Doc. 2018-00232 RIN 2900-AQ08 DEPARTMENT OF VETERANS AFFAIRS Interim final rule. Effective Date: This rule is effective on January 9, 2018. Comment Date: Comments must be received on or before March 12, 2018. 38 CFR Part 17 The Department of Veterans Affairs (VA) revises its regulations concerning payment or reimbursement for emergency treatment for non-service-connected conditions at non-VA facilities to implement the requirements of a recent court decision. Specifically, this rulemaking expands 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 expands 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.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-25269 RIN 2900-AP20 DEPARTMENT OF VETERANS AFFAIRS Proposed rule. Comments must be received by VA on or before January 22, 2018. 38 CFR Part 17 The Department of Veterans Affairs (VA) proposes to amend its medical regulations to clarify that VA will not bill third party payers for care and services provided by VA under certain statutory provisions, which we refer to as “special treatment authorities.” These special treatment authorities direct VA to provide care and services to veterans based upon discrete exposures or experiences that occurred during active military, naval, or air service. VA is authorized, but not required by law, to recover or collect charges for care and services provided to veterans for non-service connected disabilities. This proposed rule would establish that VA would not exercise its authority to recover or collect reasonable charges from third party payers for care and services provided under the special treatment authorities.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-24320 RIN 2900-AP83 DEPARTMENT OF VETERANS AFFAIRS Final rule. This final rule is effective December 8, 2017. 38 CFR Part 17 The Department of Veterans Affairs (VA) is amending its medical regulations by establishing in regulation the eligibility requirements that ecclesiastical endorsing organizations must meet in order to provide ecclesiastical endorsements of individuals seeking employment as VA chaplains, or of individuals who are seeking to be engaged by VA under contract or appointed as on-facility fee basis VA chaplains under the United States Code. VA considers veterans' spiritual care an integral part of their overall health care. As such, VA is committed to providing qualified VA chaplains to address the veterans' spiritual needs by engaging chaplains that are ecclesiastically endorsed. Ecclesiastical endorsement certifies that the individual is qualified to perform all the religious sacraments, rites, rituals, ceremonies and ordinances needed by members of a particular faith.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-22358 RIN 2900-AP46 DEPARTMENT OF VETERANS AFFAIRS, 38 CFR Part 17 Proposed rule. Comments must be received by VA on or before December 15, 2017. The Department of Veterans Affairs (VA) proposes to revise its medical regulations related to providing prosthetic and rehabilitative items as medical services to veterans. These revisions would reorganize and update the current regulations related to prosthetic and rehabilitative items, primarily to clarify eligibility for prosthetic and other rehabilitative items and services, and to define the types of items and services available to eligible veterans.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-20951 RIN 2900-AQ06 DEPARTMENT OF VETERANS AFFAIRS Proposed rule. Comments must be received on or before November 1, 2017. 38 CFR Part 17 The Department of Veterans Affairs (VA) proposes to amend its medical regulations by standardizing the delivery of care by VA health care providers through telehealth. This rule would ensure that VA health care providers provide the same level of care to all beneficiaries, irrespective of the State or location in a State of the VA health care provider or the beneficiary. This proposed rule would achieve important Federal interests by increasing the availability of mental health, specialty, and general clinical care for all beneficiaries.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-16034 RIN 2900-AP06 DEPARTMENT OF VETERANS AFFAIRS Final rule; correction. The correction is effective July 31, 2017. 38 CFR Part 17 The Department of Veterans Affairs is correcting a final rule that added to its medical regulations new standards that must be met by a Community Residential Care facility seeking approval by VA that was published in the Federal Register on July 25, 2017.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-15519 RIN 2900-AP06 DEPARTMENT OF VETERANS AFFAIRS Final rule. This rule is effective on August 24, 2017. 38 CFR Part 17 The Department of Veterans Affairs (VA) adopts as final, with changes, a proposed rule governing the approval of a community residential care facility (CRC). The final rule prohibits a CRC from employing an individual who has been convicted in a court of law of certain listed crimes within 7 years of conviction, or has had a finding within 6 months entered into an applicable State registry or with the applicable licensing authority concerning abuse, neglect, mistreatment of individuals or misappropriation of property. The CRC is required to conduct an individual assessment of suitability for employment for any conviction or finding outside either the 7 year or 6 month parameters. The CRCs is also required to develop and implement written policies and procedures that prohibit mistreatment, neglect, and abuse of residents and misappropriation of resident property. The CRC must report and investigate any allegations of abuse or mistreatment. The CRC must also screen individuals who are not CRC residents, but have direct access to a veteran living in a CRC. In addition, we are amending the rule regarding the maximum number of beds allowed in a resident's bedroom. VA published the proposed rule on November 12, 2015, and we received four public comments. We also received correspondence from a federal agency with recommendations. This final rule responds to public comments and feedback from that federal agency.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-09449 RIN 2900-AO15 DEPARTMENT OF VETERANS AFFAIRS Withdrawal of proposed rule. This proposed rule is withdrawn as of May 10, 2017. 38 CFR Part 17 The Department of Veterans Affairs (VA) published a notice of proposed rulemaking in the Federal Register on February 13, 2013, that proposed amending its regulations to allow VA to enter into provider agreements to obtain extended care services for Veterans from community providers. Since publication of that proposed rule, further review has led VA to conclude VA cannot achieve the proposal's goals without a statutory change. For this reason, VA withdraws the proposed rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-09081 RIN 2900-AP87 DEPARTMENT OF VETERANS AFFAIRS Resolution of interim final rule. Effective Date: This rule is effective on May 5, 2017. 38 CFR Part 17 The Department of Veterans Affairs (VA) notifies the public that an interim final rule freezing medication copayments for veterans in priority groups 2 through 8, published on December 7, 2016, was superseded by a final rule amending its regulations concerning copayments that published on December 12, 2016. The interim final rule received no public comments.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-09163 RIN 2900-AO79 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective Date: This final rule is effective May 5, 2017. 38 CFR Part 17 The Department of Veterans Affairs (VA) adopts as final an interim final rule addressing payment or reimbursement of certain medical expenses for family members of Camp Lejeune veterans. Under this rule, VA reimburses family members, or pays providers, for medical expenses incurred as a result of certain illnesses and conditions that may be associated with contaminants present in the base water supply at U.S. Marine Corps Base Camp Lejeune (Camp Lejeune), North Carolina, from August 1, 1953, to December 31, 1987. Payment or reimbursement is made within the limitations set forth in statute and Camp Lejeune family members receive hospital care and medical services that are consistent with the manner in which we provide hospital care and medical services to Camp Lejeune veterans. The statutory authority has since been amended to also include certain veterans' family members who resided at Camp Lejeune, North Carolina, for no less than 30 days (consecutive or nonconsecutive) between August 1, 1953, and December 31, 1987. This final rule will reflect that statutory change and will address public comments received in response to the interim final rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-06579 RIN 2900-AP91 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective Date: This rule is effective April 4, 2017. 38 CFR Part 17 This document revises Department of Veterans Affairs (VA) medical regulations to reflect the codification of the authority for the VA Dental Insurance Program (VADIP), a program through which VA contracts with private dental insurers to offer premium-based dental insurance to enrolled veterans and certain survivors and dependents of veterans. The VA Dental Insurance Reauthorization Act of 2016 codified the authority of the VADIP, and this final rulemaking accordingly revises the authority citation in the VA medical regulations that implement VADIP.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-05799 RIN 2900-AP73 DEPARTMENT OF VETERANS AFFAIRS Final rule. This final rule is effective April 24, 2017. 38 CFR Part 17 The Department of Veterans Affairs (VA) is amending its medical regulations governing the release of VA medical records. Specifically, VA is eliminating the restriction on sharing a negative test result for the human immunodeficiency virus (HIV) with veterans' outside providers. HIV testing is a common practice today in healthcare and the stigma of testing that may have been seen in the 1980s when HIV was first discovered is no longer prevalent. Continuing to protect negative HIV tests causes delays and an unnecessary burden on veterans when VA tries to share electronic medical information with the veterans' outside providers through electronic health information exchanges. For this same reason, VA will also eliminate restrictions on negative test results of sickle cell anemia. This final rule eliminates the current barriers to electronic medical information exchange.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-03319 RIN 2900-AP94 DEPARTMENT OF VETERANS AFFAIRS Interim final rule; correcting amendment. Effective: February 21, 2017. 38 CFR Part 17 The Department of Veterans Affairs published in the Federal Register on January 19, 2017, an interim final rulemaking adding a new section authorizing in vitro fertilization (IVF) for a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. In addition, we added a new section authorizing VA to provide fertility counseling and treatment using assisted reproductive technologies (ART), including IVF, to a spouse of a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. These sections contain an error regarding the expiration date VA's authority to provide health care services. This document corrects the errors and does not make any substantive change to the content of the interim final rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-00280 RIN 2900-AP94 DEPARTMENT OF VETERANS AFFAIRS Interim final rule. Effective Date: This rule is effective on January 19, 2017. Comment date: Comments must be received on or before March 20, 2017. 38 CFR Part 17 The Department of Veterans Affairs (VA) amends its regulation regarding fertility counseling and treatment available to certain veterans and spouses. VA currently provides certain infertility services other than in vitro fertilization (IVF) to veterans as part of the medical benefits package. IVF is the process of fertilization by manually fertilizing an egg, and then transferring the embryo to the uterus. This interim final rulemaking adds a new section authorizing IVF for a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. In addition, we add a new section stating that VA may provide fertility counseling and treatment using assisted reproductive technologies (ART), including IVF, to a spouse of a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. VA will provide ART treatment, including IVF, to these veterans and spouses as specified in the Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act to the extent such services are consistent with the services available to enrolled veterans under the medical benefits package.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-00232 RIN 2900-AP57 DEPARTMENT OF VETERANS AFFAIRS Final rule; correcting amendment. Effective Date: January 17, 2017. 38 CFR Part 17 The Department of Veterans Affairs published in the Federal Register on September 29, 2016, a document amending its regulations concerning the repayment of educational loans for certain psychiatrists who agree to a period of obligated service with VA. The document contained several section and paragraph numbering errors. This document corrects the errors and does not make any substantive change to the content of the final rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-31949 RIN 2900-AP83 DEPARTMENT OF VETERANS AFFAIRS Proposed rule. Comments must be received by VA on or before March 6, 2017. 38 CFR Part 17 The Department of Veterans Affairs (VA) proposes to amend its medical regulations by establishing in regulation the eligibility requirements that ecclesiastical endorsing organizations must meet in order to provide ecclesiastical endorsements of individuals seeking employment as VA chaplains or of individuals who are seeking to be engaged by VA under contract or appointed as on-facility fee basis VA chaplains under 38 U.S.C. 7405. VA considers the veterans' spiritual care an integral part of the veterans' overall health care. As such, VA is committed to providing qualified VA chaplains to address the veterans' spiritual needs by engaging chaplains that are ecclesiastically endorsed. Ecclesiastical endorsement would certify that the individual is qualified to perform all the religious sacraments, rites, rituals, ceremonies and ordinances needed by members of a particular faith.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-29950 RIN 2900-AP44 DEPARTMENT OF VETERANS AFFAIRS Final rule with comment period. This final rule is effective January 13, 2017. Comments on full practice authority for CRNAs must be received by VA on or before January 13, 2017. 38 CFR Part 17 The Department of Veterans Affairs (VA) is amending its medical regulations to permit full practice authority of three roles of VA advanced practice registered nurses (APRN) when they are acting within the scope of their VA employment. Certified Registered Nurse Anesthetists (CRNA) will not be included in VA's full practice authority under this final rule, but comment is requested on whether there are access issues or other unconsidered circumstances that might warrant their inclusion in a future rulemaking. The final rulemaking establishes the professional qualifications an individual must possess to be appointed as an APRN within VA, establishes the criteria under which VA may grant full practice authority to an APRN, and defines the scope of full practice authority for each of the three roles of APRN. The services provided by an APRN under full practice authority in VA are consistent with the nursing profession's standards of practice for such roles. This rulemaking increases veterans' access to VA health care by expanding the pool of qualified health care professionals who are authorized to provide primary health care and other related health care services to the full extent of their education, training, and certification, without the clinical supervision of physicians, and it permits VA to use its health care resources more effectively and in a manner that is consistent with the role of APRNs in the non-VA health care sector, while maintaining the patient-centered, safe, high-quality health care that veterans receive from VA.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-29515 RIN 2900-AP35 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective Date: This rule is effective on February 27, 2017. 38 CFR Part 17 The Department of Veterans Affairs (VA) adopts as a final rule, with changes, a proposal to amend its regulations concerning copayments charged to certain veterans for medication required on an outpatient basis to treat nonservice-connected conditions. Prior to this final rule, VA charged non-exempt veterans either $8 or $9 for each 30-day or less supply of medication, and that amount may have changed in future years. This rulemaking replaces those rates and establishes three classes of medications for copayment purposes, identified as Tier 1, Tier 2, and Tier 3. These tiers are defined further in the rulemaking and are distinguished in part based on whether the medications are available from multiple sources or a single source, with some exceptions. Copayment amounts are fixed and would vary depending upon the class of medication. The following medication copayment amounts are applicable on the effective date of this final rule: $5 for a 30-day or less supply of a Tier 1 medication, $8 for a 30-day or less supply of a Tier 2 medication, and $11 for a 30-day or less supply of a Tier 3 medication. For non-exempt veterans these copayment amounts will result in lower out-of-pocket costs, thereby encouraging greater adherence to taking prescribed medications and reducing the risk of fragmented care that results when veterans use non-VA pharmacies to fill their prescriptions. The proposed rule was published on January 5, 2016 and the public comment period closed on March 7, 2016. We received nine comments and respond to these comments here.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-29337 RIN 2900-AP87 DEPARTMENT OF VETERANS AFFAIRS Interim final rule. Effective Date: This rule is effective on December 7, 2016. Comment date: Comments must be received on or before February 6, 2017. 38 CFR Part 17 The Department of Veterans Affairs (VA) amends its medical regulations concerning the copayment required for certain medications. This rulemaking freezes copayments at the current rate for veterans in priority groups 2 through 8 through February 26, 2017.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-23360 RIN 2900-AP57 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective Date: This rule is effective on September 29, 2016, except for § 17.644 which contains information collection requirements that have not been approved by OMB. VA will publish a document in the Federal Register announcing the effective date. 38 CFR Part 17 The Department of Veterans Affairs (VA) is adding to its medical regulations a program for the repayment of educational loans for certain psychiatrists who agree to a period of obligated service with VA. This program is intended to increase the pool of qualified VA psychiatrists and increase veterans' access to mental health care.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-21830 RIN 2900-AP68 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective Date: This rule is effective on September 12, 2016. 38 CFR Part 17 The Department of Veterans Affairs (VA) adopts as final, without change, an interim final rule amending its medical regulations. Specifically, this rule allows veterans to complete applications for health care enrollment by providing application information, agreeing to VA's provisions regarding copayment liability and assignment of third-party insurance benefits, and attesting to the accuracy and authenticity of the information provided to a VA employee over the phone. This action makes it easier for veterans to apply to enroll and speeds VA processing of applications.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-18660 RIN 2900-AP73 DEPARTMENT OF VETERANS AFFAIRS Proposed rule. Comments must be received on or before October 4, 2016. 38 CFR Part 17 The Department of Veterans Affairs (VA) proposes to amend its medical regulations governing the release of VA medical records. Specifically, VA proposes to eliminate the restriction on protecting a negative test result for the human immunodeficiency virus (HIV). HIV testing is a common practice today in healthcare and the stigma of testing that may have been seen in the 1980s when HIV was first discovered is no longer prevalent. Continuing to protect negative HIV tests causes delays and an unnecessary burden to veterans when VA tries to share electronic medical information with the veterans' outside providers for their treatment through health information exchange efforts. For this same reason, VA would also eliminate negative test results of sickle cell anemia as protected medical information. This proposed rule would eliminate the current barriers to electronic medical information exchange.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-16908 RIN 2900-AP42 DEPARTMENT OF VETERANS AFFAIRS Final rule. This final rule is effective August 17, 2016. 38 CFR Part 17 The Department of Veterans Affairs (VA) is removing its medical regulation that governs medications provided in Alaska and territories and possessions of the United States because this regulation is otherwise subsumed by another VA medical regulation related to provision of medications that are prescribed by non-VA providers.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-16917 RIN 2900-AP59 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective Date: This rule is effective July 18, 2016. 38 CFR Part 17 This document amends Department of Veterans Affairs (VA) regulations to reflect a statutory mandate that VA provide health care to certain veterans who served at Camp Lejeune, North Carolina, for at least 30 days during the period beginning on August 1, 1953, and ending on December 31, 1956. The law requires VA to furnish hospital care and medical services for these veterans for certain illnesses and conditions that may be attributed to exposure to toxins in the water system at Camp Lejeune. This rule does not address the statutory provision requiring VA to provide health care to these veterans' family members; regulations applicable to such family members will be promulgated through a separate final rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-12338 RIN 2900-AP44 DEPARTMENT OF VETERANS AFFAIRS Proposed rule. Comments must be received by VA on or before July 25, 2016. 38 CFR Part 17 The Department of Veterans Affairs (VA) is proposing to amend its medical regulations to permit full practice authority of all VA advanced practice registered nurses (APRNs) when they are acting within the scope of their VA employment. This rulemaking would increase veterans' access to VA health care by expanding the pool of qualified health care professionals who are authorized to provide primary health care and other related health care services to the full extent of their education, training, and certification, without the clinical supervision of physicians. This rule would permit VA to use its health care resources more effectively and in a manner that is consistent with the role of APRNs in the non-VA health care sector, while maintaining the patient-centered, safe, high-quality health care that veterans receive from VA. The proposed rulemaking would establish additional professional qualifications an individual must possess to be appointed as an APRN within VA. The proposed rulemaking would subdivide APRN's into four separate categories that include certified nurse practitioner, certified registered nurse anesthetist, clinical nurse specialist, and certified nurse-midwife. The proposed rulemaking would also provide the criteria under which VA may grant full practice authority to an APRN, and define the scope of full practice authority for each category of APRN. VA intends that the services to be provided by an APRN in one of the four APRN roles would be consistent with the nursing profession's standards of practice for such roles.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-09475 RIN DEPARTMENT OF VETERANS AFFAIRS Interim final rule; correcting amendment. Effective on April 25, 2016. 38 CFR Part 17 The Department of Veterans Affairs published in the Federal Register of December 1, 2015, a document amending its medical regulations that implement section 101 of the Veterans Access, Choice, and Accountability Act of 2014. In that rule, two paragraphs were inadvertently removed. This document corrects that error.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-07897 RIN 2900-AP09 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective Date: This rule is effective on May 6, 2016. 38 CFR Part 17 This rule adopts as final a proposed rule of the Department of Veterans Affairs (VA) to amend its regulations concerning the provision of health care to birth children of Vietnam veterans and veterans of covered service in Korea diagnosed with spina bifida, except for spina bifida occulta, and certain other birth defects. In the proposed rule published on May 15, 2015, VA proposed changes to more clearly define the types of health care VA provides, including day health care and health-related services, which we defined as homemaker or home health aide services that provide assistance with Activities of Daily Living or Instrumental Activities of Daily Living that have therapeutic value. We also proposed changes to the list of health care services that require preauthorization by VA. This final rule addresses comments received from the public and adopts as final the proposed rule, without change.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-05680 RIN 2900-AP68 DEPARTMENT OF VETERANS AFFAIRS Interim final rule. Effective Date: This rule is effective on March 16, 2016. Applicability dates: This rule applies on March 15, 2016, to veterans who served in a theater of combat operations after November 11, 1998, and were discharged or released from active service on or after January 28, 2003. This rule applies to all other veterans on and after July 5, 2016. Comment Date: Comments must be received on or before May 16, 2016. 38 CFR Part 17 This rulemaking amends VA's medical regulations to allow veterans to complete applications for health care enrollment by telephone by providing application information to a VA employee, agreeing to VA's provisions regarding copayment liability and assignment of third-party insurance benefits, and attesting to the accuracy and authenticity of the information provided over the phone. This action will make it easier for veterans to apply to enroll and will speed VA processing of applications.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-04552 RIN 2900-AP21 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective date: March 2, 2016. 38 CFR Part 17 The Department of Veterans Affairs (VA) adopts as final an interim final rule that amends its medical regulation that governs Vet Center services. The National Defense Authorization Act for Fiscal Year 2013 (the 2013 Act) requires Vet Centers to provide readjustment counseling services to broader groups of veterans, members of the Armed Forces, including a member of a reserve component of the Armed Forces, and family members of such veterans and members. This final rule adopts as final the regulatory criteria to conform to the 2013 Act, to include new and revised definitions.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-02350 RIN 2900-AP42 DEPARTMENT OF VETERANS AFFAIRS Proposed rule. Comments must be received by VA on or before April 8, 2016. 38 CFR Part 17 The Department of Veterans Affairs (VA) is proposing to remove its medical regulation that governs medications provided in Alaska and territories and possessions of the United States because this regulation is otherwise subsumed by another VA medical regulation related to provision of medications that are prescribed by non-VA providers.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-33052 RIN 2900-AP35 DEPARTMENT OF VETERANS AFFAIRS Proposed rule. Comment Date: Comments must be received by VA on or before March 7, 2016. 38 CFR Part 17 The Department of Veterans Affairs (VA) proposes to amend its regulations concerning copayments charged to certain veterans for medication required on an outpatient basis to treat non-service connected conditions. VA currently charges non-exempt veterans either $8 or $9 for each 30-day or less supply of medication, and under current regulations, a calculation based on the prescription drug component of the Medical Consumer Price Index would be used to determine the copayment amount in future years. This rulemaking would eliminate the formula used to calculate future rate increases and establish three classes of medications, identified as Tier 1, Tier 2, and Tier 3. These tiers would be defined further in the rulemaking and would be distinguished in part based on whether the medications are available from multiple sources or a single source, with some exceptions. Copayment amounts would be fixed and would vary depending upon the class of medication. The following copayment amounts would be effective January 1, 2017: $5 for a 30-day or less supply of a Tier 1 medication, $8 for a 30-day or less supply of a Tier 2 medication, and $11 for a 30-day or less supply of a Tier 3 medication. For most veterans these copayment amounts would result in lower out-of-pocket costs, thereby encouraging greater adherence to prescribed medications and reducing the risk of fragmented care that results when veterans use multiple pharmacies to fill their prescriptions.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-32098 RIN 2900-AP34 DEPARTMENT OF VETERANS AFFAIRS Final rule. This regulation is effective January 21, 2016. 38 CFR Part 17 The Department of Veterans Affairs (VA) is amending its medical regulations that govern reimbursement of emergency treatment provided by non-VA medical care providers. VA is clarifying its regulations insofar as it involves the reimbursement of medications prescribed or provided to the veteran during the episode of non-VA emergency treatment.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-29865 RIN 2900-AP60 DEPARTMENT OF VETERANS AFFAIRS Interim final rule. Effective date: This rule is effective on December 1, 2015. Comment date: Comments must be received on or before March 30, 2016. 38 CFR Part 17 The Department of Veterans Affairs (VA) revises its medical regulations that implement section 101 of the Veterans Access, Choice, and Accountability Act of 2014 (hereafter referred to as “the Choice Act”), which requires VA to establish a program to furnish hospital care and medical services through eligible non-VA health care providers to eligible veterans who either cannot be seen within the wait-time goals of the Veterans Health Administration (VHA) or who qualify based on their place of residence (hereafter referred to as the “Veterans Choice Program” or the “Program”). These regulatory revisions are required by the most recent amendments to the Choice Act made by the Construction Authorization and Choice Improvement Act of 2014, and by the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015. The Construction Authorization and Choice Improvement Act of 2014 amended the Choice Act to define additional criteria that VA may use to determine that a veteran's travel to a VA medical facility is an “unusual or excessive burden,” and the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 amended the Choice Act to cover all veterans enrolled in the VA health care system, remove the 60-day limit on an episode of care, modify the wait-time and 40-mile distance eligibility criteria, and expand provider eligibility based on criteria as determined by VA. This interim final rule revises VA regulations consistent with the changes made to the Choice Act as described above.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-28749 RIN 2900-AP06 DEPARTMENT OF VETERANS AFFAIRS Proposed rule. Comment Date: Comments must be received by VA on or before January 11, 2016. 38 CFR Part 17 This document proposes to amend the Department of Veterans Affairs (VA) regulations governing the approval of a community residential care facility (CRC). We would prohibit a CRC from employing an individual who has been convicted in a court of law of certain listed crimes against a person or property, or has had a finding entered into an applicable state registry or with the applicable licensing authority concerning abuse, neglect, mistreatment of individuals or misappropriation of property. VA also proposes to require CRCs to develop and implement written policies and procedures that prohibit mistreatment, neglect, and abuse of residents and misappropriation of resident property. The proposed rule would also require CRCs to report and investigate any allegations of abuse or mistreatment. In addition, the proposed rule would require the CRC to screen and monitor individuals who are not CRC residents, but have direct access to a veteran living in a CRC. The revisions would improve the safety and help prevent the neglect or abuse of veteran residents in CRCs. In addition, we propose to amend the rule regarding the maximum number of beds allowed in a resident's bedroom.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-28259 RIN 2900-AP11 DEPARTMENT OF VETERANS AFFAIRS Direct final rule; confirmation of effective date. Effective Date: The effective date of January 27, 2015, for the direct final rule published November 28, 2014, 79 FR 70938, is confirmed. 38 CFR Part 17 The Department of Veterans Affairs (VA) published a direct final rule amending its regulation that governs VA services that are not subject to copayment requirements for inpatient hospital care or outpatient medical care. Specifically, the regulation is amended to exempt mental health peer support services from having any required copayment. VA received no adverse comments concerning the direct final rule or its companion substantially identical proposed rule published in the Federal Register on the same date. This document confirms that the direct final rule became effective on January 27, 2015. In a companion document in this issue of the Federal Register, we are withdrawing as unnecessary the proposed rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-28255 RIN 2900-AP10 DEPARTMENT OF VETERANS AFFAIRS Withdrawal of proposed rule. The proposed rule published on November 28, 2014, 79 FR 70941, is withdrawn as of November 5, 2015. 38 CFR Part 17 The Department of Veterans Affairs (VA) is withdrawing VA's proposed rulemaking, published in the Federal Register on November 28, 2014, to amend its regulation that governs VA services that are not subject to copayment requirements for inpatient hospital care or outpatient medical care. Specifically, the proposed rule would have amended the regulation to exempt mental health peer support services from having any required copayment. VA received no adverse comments concerning the proposed rule or its companion substantially identical direct final rule published in the Federal Register on the same date. In a companion document in this issue of the Federal Register, we are confirming that the direct final rule became effective on January 27, 2015. Accordingly, this document withdraws as unnecessary the proposed rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-27481 RIN 2900-AP24 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective Date: This rule is effective on October 29, 2015. 38 CFR Part 17 This document amends the Department of Veterans Affairs (VA) medical regulations implementing section 101 of the Veterans Access, Choice, and Accountability Act of 2014, which directed VA to establish a program to furnish hospital care and medical services through eligible non-VA health care providers to eligible veterans who either cannot be seen within the wait-time goals of the Veterans Health Administration or who qualify based on their place of residence (hereafter referred to as the “Veterans Choice Program”, or the “Program”). VA published an interim final rule implementing the Veterans Choice Program on November 5, 2014, and published a subsequent interim final rule making further amendments on April 24, 2015. This final rule responds to public comments received from both interim final rules and amends the regulations to modify payment rates under the Program.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-26606 RIN 2900-AP37 DEPARTMENT OF VETERANS AFFAIRS Proposed rule. Comment Date: Comments must be received on or before December 21, 2015. 38 CFR Part 17 This rulemaking proposes to remove the regulatory provision regarding consideration by the Department of Veterans Affairs (VA) of the net worth of a veteran's assets as a factor in determining the veteran's eligibility for lower-cost VA health care. Prior to January 1, 2015, VA considered both the net worth of a veteran's assets and the veteran's annual income when determining a veteran's eligibility. Because of that, certain veterans who would have been eligible for VA health care based on their annual income alone were ineligible for care because the net value of their assets was too high, or they were placed in a less favorable eligibility category. Reporting asset information imposed a significant paperwork burden on veterans, and VA dedicated significant administrative resources to verifying reported information. VA changed its policy to improve access to health care to lower-income veterans and remove the reporting burden from veterans by discontinuing collection of asset information. This rulemaking would amend the regulation to remove the reference to VA's discretionary statutory authority to consider net worth.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-23162 RIN 2900-AP15 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective date: This rule is effective on September 16, 2015. Applicability date: The provisions of this final rule shall apply to the copayments discussed herein as of January 1, 2015. 38 CFR Part 17 This document adopts as a final rule, with changes, an interim final rule amending the Department of Veterans Affairs (VA) medical regulations to freeze the copayments required for certain medications provided by VA until December 31, 2015. Under that interim final rule, copayment amounts were maintained at the same rates as they were in 2014 (which were $8 for veterans in priority groups 2-6 and $9 for veterans in priority groups 7 and 8), and would have increased based on the prescription drug component of the Medical Consumer Price Index (CPI-P) on January 1, 2016. This final rule extends the current freeze for copayments through December 31, 2016.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-18988 RIN 2900-AP21 DEPARTMENT OF VETERANS AFFAIRS Interim final rule. Effective date: This rule is effective on August 4, 2015. Comment date: Comments must be received by VA on or before October 5, 2015. 38 CFR Part 17 The Department of Veterans Affairs (VA) is amending its medical regulation that governs Vet Center services. The National Defense Authorization Act for Fiscal Year 2013 (the 2013 Act) requires Vet Centers to provide readjustment counseling services to broader groups of veterans, members of the Armed Forces, including a member of a reserve component of the Armed Forces, and family members of such veterans and members. This interim final rule amends regulatory criteria to conform to the 2013 Act, to include new and revised definitions.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-18332 RIN 2900-AO90 DEPARTMENT OF VETERANS AFFAIRS Final rule. This regulation is effective August 27, 2015. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of August 27, 2015. 38 CFR Parts 17, 51, 52, and 59 The Department of Veterans Affairs (VA) is amending its regulations incorporating by reference the National Fire Protection Association (NFPA) codes and standards. These codes and standards are referenced in VA regulations concerning community residential care facilities, contract facilities for certain outpatient and residential services, Medical Foster Homes, and State home facilities. To ensure the continued safety of veterans in these facilities, VA is continuing to rely upon NFPA codes and standards for VA approval of such facilities. This rulemaking updates our regulations to adhere to more recent NFPA codes and standards.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-18331 RIN 2900-AP34 DEPARTMENT OF VETERANS AFFAIRS Proposed rule. Comments must be received by VA on or before September 25, 2015. 38 CFR Part 17 The Department of Veterans Affairs (VA) proposes to amend its medical regulations that govern reimbursement of emergency treatment provided by non-VA medical care providers. VA proposes to clarify its regulations insofar as it involves the reimbursement of medications prescribed or provided to the veteran during the episode of non-VA emergency treatment.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-17416 RIN 2900-AP22 DEPARTMENT OF VETERANS AFFAIRS Final rule. This final rule is effective July 22, 2015. 38 CFR Parts 17, 39, 48, 49, 51, 52, 53, 59, 61, 62, and 64 The Department of Veterans Affairs (VA) is amending its regulations with updated citations and references to Office of Management and Budget (OMB) authorities for Federal grant programs. OMB has issued final guidance, located in Title 2 of the Code of Federal Regulations (CFR), which streamlines and supersedes requirements previously found in various OMB Circulars. VA has adopted OMB's guidance, and this rule replaces the obsolete OMB references in VA's regulations.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-15503 RIN 2900-AO88 DEPARTMENT OF VETERANS AFFAIRS Proposed rule; correction and clarification. The correction and clarification are effective June 24, 2015. The comments due date remains August 17, 2015. 38 CFR Parts 17, 51 and 52 The Department of Veterans Affairs is correcting and clarifying a proposed rule that published in the Federal Register on June 17, 2015 (80 FR 34794).
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-13838 RIN 2900-AO88 DEPARTMENT OF VETERANS AFFAIRS Proposed rule. Comments must be received on or before August 17, 2015. 38 CFR Parts 17, 51 and 52 The Department of Veterans Affairs (VA) proposes to reorganize, update (based on revisions to statutory authority), and clarify its regulations that govern paying per diem to State homes providing nursing home and adult day health care to eligible veterans. The reorganization will improve consistency and clarity throughout these State home programs. We propose to revise the regulations applicable to adult day health care programs of care so that States may establish diverse programs that better meet participants' needs for socialization and maximize their independence. Currently, we require States to operate these programs exclusively using a medical supervision model. We expect that these liberalizing changes would result in an increase in the number of States that have adult day health care programs. We also propose to establish new regulations governing the payment of per diem to State homes providing domiciliary care to eligible veterans, because the current regulations are inadequate. Moreover, we propose to eliminate the regulations governing per diem for State home hospitals because there are no longer any State home hospitals. In general, this rulemaking is consistent with current regulations and policies, and we do not expect that these proposed rules would have a negative impact on State homes; rather, we believe that these proposed regulations would clarify current law and policy, which should improve and simplify the payment of per diem to State homes, and encourage participation in these programs.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-11718 RIN 2900-AP09 DEPARTMENT OF VETERANS AFFAIRS Proposed rule. Comments must be received by VA on or before July 14, 2015. 38 CFR Part 17 The Department of Veterans Affairs (VA) proposes to amend its regulations concerning the provisions of health care to birth children of Vietnam veterans and veterans of covered service in Korea diagnosed with spina bifida, except for spina bifida occulta, and certain other birth defects. The proposed changes would more clearly define the types of health care VA provides, including day health care and health-related services, which VA would define as homemaker or home health aide services that provide assistance with Activities of Daily Living or Instrumental Activities of Daily Living that have therapeutic value. We would also make changes to the list of health care services that require preauthorization by VA.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-09633 RIN 2900-AP17 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective date: This final rule is effective April 27, 2015. 38 CFR Parts 1 and 17 The Department of Veterans Affairs (VA) is making technical amendments to its medical regulations by updating certain delegations of authority to be consistent with the statutory authority that established the Consolidated Patient Account Centers (CPACs). VA is, through this final rule, specifying delegations of authority for the collection of debts owed VA to the Chief Financial Officers of the CPACs.