Choice Program $$$, To Fund,instead, Va Budget Gap

[Wings]

It's beyond insane, right?

I haven't read the published Fed Reg., but I'm going to try to do that tonight. I have lost my links to the "final rules" so I'll have to dig them up somehow. One of the Hadit folks prolly posted it already.

Veterans Access, Choice, and Accountability Act of 2014

There's supposed to be two methods for establishing "eligibility":

1. Wait time more than 30 days with the VA

2. Live further than 40 miles (as the crow flies)

"Eligible veterans may elect to receive, at VA expense, care from a non-VA provider of their choice that is eligible and accessible to them. These providers generally will either be able to provide care sooner than VA could or are located closer to the eligible veteran's residence than a VA medical facility." and so on and so forth

I have repeadely asked Vets Choice people (whom seldom if ever answer the phone), how I would establish the fact that I live more than 90 miles from the nearest TREATMENT facility (no, the VA Clinics do not treat) --and they told me to CALL THE VA. Yeah, OK, sure, could you give me a phone #, email addy, what's the name of the Office, etc. --and they DO NOT KNOW. Lovely, just great. SO here I am at Hadit hehehe

Yesterday, Veterans Choice folks told me that vets can just CALL OUR PRIMARY DOCS, yeah that's right (she says), on the phone, and the VA doc could upload the consult without having to be seen! Haha, do you think that's gonna fly? I'll try it, yes I will because the last time I saw a VA Doctor, they didn'tEXAMINE me anyway, just sit there and type things into the software program. I had to TELL THEM TO PUT THEIR HAND ON MY FACE and examine the injury!! I told them politley that I deserve to be EXAMINED not simply talked to like a 5 y/o child. AND WHAT IF WE ARE INJURED by the Vets Chice Doctor, is there a legal remedy like the 1151 Claim, and I don't see where this new law mentins any other legal remedy for wrongdoings or disagreemnt??? WTH

Oh, I'm just getting started. I've stuffed their abuse long enough ... Wings

P.S. Laws and regs are they only thing we are allowed to shove down their throats!

Some here https://www.federalregister.gov/articles/2014/11/05/2014-26316/expanded-access-to-non-va-care-through-the-veterans-choice-program

On August 7, 2014, the President signed into law the Veterans Access, Choice, and Accountability Act of 2014 (“the Act,” Public Law 113-146, 128 Stat. 1754). Further technical revisions to the Act were made on September 26, 2014, when the President signed into law the Department of Veterans Affairs Expiring Authorities Act of 2014 (Pub. L. 113-175, 128 Stat. 1901, 1906). Section 101 of the Act creates the Veterans Choice Program (“the Program”). Section 101 requires the Secretary to furnish hospital care and medical services to certain eligible veterans through agreements with identified eligible entities or providers. Sec. 101(a)(1)(A), Public Law 113-146, 128 Stat. 1754. Delivery of such care through non-VA health care providers will be at the election of eligible veterans. This interim final rulemaking primarily restates these mandates and prescriptions in a regulatory framework, and provides guidance where Congress' instructions were not clearly executable on the face of the law. Congress directed VA to publish interim final regulations concerning this program within 90 days of enactment. Sec. 101(n), Public Law 113-146, 128 Stat. 1754. This rulemaking complies with that mandate.Show citation box

[pwrslm]

Damage by non va is not covered, I don't think. Its covered in the 1151 rules, the VA doesn't control or contract with the outside entity, so I doubt yu have that protection. Make sure the local Doc has his insurance up to date!

[green]

A couple bills passed in the house today that are interesting.

H.R.3236

VA Budget and Choice Improvement Act

Directs the Department of Veterans Affairs (VA) to develop a plan to consolidate all non-VA provider programs into a new, single Veterans Choice Program to furnish hospital care and medical services at non-VA facilities for veterans in the patient enrollment system.

Requires the presidential budget for FY2017 and every ensuing fiscal year to include an appropriations account for non-VA provider programs.

Grants the VA temporary authority, until the end of FY2015, to use certain transfers from the Veterans Choice Fund to pay for health care for eligible veterans at non-VA facilities, including pharmaceuticals for treatment of Hepatitis C.

Modifies requirements of the Veterans Access, Choice, and Accountability Act of 2014 to:

• repeal the 60-day limit on follow-up care;
• repeal the August 1, 2012, enrollment limitation on the eligibility of veterans in the patient enrollment system;
• extend provider eligibility to any health care provider meeting VA criteria; and
• base the 40-mile distance requirement as on distance traveled from a VA medical facility, including one offering primary care for a veteran seeking primary care.

Prohibits the use of funds by the VA to expand the dialysis pilot program, or to create any new dialysis capability provided by the VA in a facility that is not an initial facility under the dialysis pilot program, until an independent analysis of the dialysis pilot program is conducted for each such initial facility and 180 days have elapsed since the VA reports on the results.

H.R.1994

VA Accountability Act of 2015

This bill authorizes the Department of Veterans Affairs (VA) to remove or demote a VA employee based on performance or misconduct.

The VA may also remove such individual from the civil service or demote the individual through a reduction in grade or annual pay rate.

[pwrslm]

So, when push comes to shove, they want to make the VA change.

[Chuck75]

Damage by non va is not covered, I don't think. Its covered in the 1151 rules, the VA doesn't control or contract with the outside entity, so I doubt yu have that protection. Make sure the local Doc has his insurance up to date!

"the VA doesn't control or contract with the outside entity"

That's an arguable statement! If the VA pays the provider, there is a contract as a matter of basic law!

What liabilities exist are open to question, since the VA is, after all, a government entity.

Such questions get into some very picky situations. The VA is responsible for and to provide

medical care. How it does it does not relieve the VA of responsibility to the veteran.

At the same time, in accepting medical care from/thru the government, certain rights get

impacted.

[Notorious Kelly]

The VA has proven time and again it cannot fix itself, so when Congress stirs up a buncha dust and declares the VA will now fix itself - they are lying.

We have hope in Bob but this Beast is much larger than Bob or any of us.

It may take non-traditional means to bring about any improvement from this Monster.