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GAO-16-301R 1 (2015-12-11)

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


B-327617


December 11, 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-AP60). We received the rule on
November 30, 2015. It was published in the Federal Register as an interim final rule on
December 1, 2015. 80 Fed. Reg. 74,991.

The interim final rule revises medical regulations that implement section 101 of the Veterans
Access, Choice, and Accountability Act of 2014 (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 (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. VA states that the interim final rule
revises VA regulations consistent with the changes made to the Choice Act as described above.


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