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GAO-15-229R 1 (2014-11-19)

handle is hein.gao/gaobadqta0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-326399 November 19, 2014 The Honorable Bernie Sanders Chairman The Honorable Richard Burr Ranking Member Committee on Veterans' Affairs United States Senate The Honorable Jeff Miller Chairman The Honorable Michael H. Michaud Ranking Member Committee on Veterans' Affairs House of Representatives Subject: Department of Veterans Affairs: Expanded Access to Non- VA Care Through the Veterans Choice Program Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Veterans Affairs (VA) entitled Expanded Access to Non-VA Care Through the Veterans Choice Program (RIN: 2900-AP24). We received the rule on November 3, 2014. It was published in the Federal Register as an interim final rule on November 5, 2014. 79 Fed. Reg. 65,571. The interim final rule establishes the Veterans Choice Program to furnish hospital care and medical services through non-VA health care providers to 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. This interim final rule defines the parameters of the Veterans Choice Program and clarifies aspects affecting veterans and the non-VA providers who will furnish hospital care and medical services through the Veterans Choice Program. The final rule has an effective date of November 5, 2014. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801 (a)(3)(A). We received the rule on November 3, 2014, and the rule was published in the Federal Register on November 5, 2014. Therefore, the final rule does not have the required 60-day delay in its effective date. The 60-day delay in effective date can be waived, however, if the agency finds for good cause that delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. 5 U.S.C. § 808(2). The Secretary of VA found that good cause exists under 5 U.S.C. § 808(2) to make this regulatory action effective on the date of publication, because Congress directed VA to publish an interim final rule within 90 days of the date of enactment of the law, and further delay in expanding access to non-VA care for eligible veterans could result in the deterioration of their GAO-15-229R