About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



B-330070 1 (2018-05-29)

handle is hein.gao/gaobadurp0001 and id is 1 raw text is: 



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


B-330070


May 29, 2018

The Honorable Johnny Isakson
Chairman
The Honorable Jon Tester
Ranking Member
Committee on Veterans' Affairs
United States Senate

The Honorable Phil Roe, M.D.
Chairman
The Honorable Tim Walz
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
May 11, 2018. It was published in the Federal Registeras a final rule on May 11, 2018.
83 Fed. Reg. 21,893. The effective date is May 11, 2018.

The final rule revises VA's medical regulations that implement section 101 of the Veterans
Access, Choice, and Accountability Act of 2014. It requires VA to establish a program referred
to as the Veterans Choice 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 or face an unusual or excessive burden in traveling to a VA medical facility.

The Congressional ReviewAct (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). This final rule was published in the Federal
Registeron May 11,2018. 83Fed. Reg.21,893. Wereceivediton May 11,2018, and ithasa
stated effective date of May 11, 2018. 83 Fed. Reg. 21,893. Therefore, the final rule does not
have a 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 their reasons in the rule issued. 5 U.S.C.
§ 553(d)(3), 808(2). VA found good cause to make this final rule effective on the date of
publication, consistent with the reasons stated in the publication of the interim final rule.