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GAO-16-233R 1 (2015-11-17)

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c AO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-327510


November 17, 2015

The Honorable Johnny Isakson
Chairman
The Honorable Richard Blumenthal
Ranking Member
Committee on Veterans' Affairs
United States Senate

The Honorable Jeff Miller
Chairman
The Honorable Corrine Brown
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 2, 2015. It was published in the Federal Register as a final rule on October 29, 2015.
80 Fed. Reg. 66,419.

The final rule amends the 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. The final rule responds to public comments
received from both interim final rules and amends the regulations to modify payment rates under
the Program.

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). The final rule has a stated effective date of
October 29, 2015. The rule was received on November 2, 2015, and was published in the
Federal Register on October 29, 2015. 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


GAO-16-233R