They fixed it!

[Gimpy]

Looks like all the hell we've been raising has finally paid off! Here is the final version of the "new" version amended by the VA for "priority" health care.

**********

SUMMARY: This document amends VA's medical regulations to establish
that in scheduling appointments for non-emergency outpatient medical
services and admissions for inpatient hospital care, VA will give
priority to veterans with service-connected disabilities rated 50
percent or greater and veterans needing care for a service-connected
disability. The Veterans' Eligibility Reform Act of 1996 authorizes VA
to ensure that these two categories of veterans receive priority access
to this type of care. The intended effect of this interim final rule is
to carry out that authority.

DATES: Effective Date: September 17, 2002.
Comment Date: Comments must be received on or before November 18,
2002.

ADDRESSES: Mail or hand-deliver written comments to: Director, Office
of Regulations Management (02D), Department of Veterans Affairs, 810
Vermont Ave., NW., Room 1154, Washington, DC 20420; or fax comments to
(202) 273-9289; or e-mail comments to OGCRegulations@mail.va.gov.
Comments should indicate that they are submitted in response to ``RIN
2900-AL39.'' All comments received will be

[[Page 58529]]

available for public inspection in the Office of Regulations
Management, Room 1158, between the hours of 8 a.m. and 4:30 p.m.,
Monday through Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: Amy Hertz, Office of Policy and
Planning (105D), at (202) 273-8934 or Roscoe Butler, Chief Policy &
Operations, Health Administration Service (10C3), at (202) 273-8302.
These individuals are in the Veterans Health Administration of the
Department of Veterans Affairs, and are located at 810 Vermont Avenue,
NW., Washington, DC 20420.

SUPPLEMENTARY INFORMATION: The Veterans' Eligibility Reform Act of
1996, Public Law No. 104-262 (Eligibility Reform Act) amended title 38,
United States Code, to authorize VA to provide needed inpatient
hospital care and outpatient medical services to most veterans. That
law also directs VA to establish a national patient enrollment system
to manage the provision of that care and services. The law directs VA
to enroll veterans for care in accordance with priorities set forth in
the statute, and requires that most veterans formally enroll with VA in
order to receive care from VA.
However, the law also specifically provides that the Secretary
shall provide care to certain veterans without their needing to enroll.
Included are veterans with service-connected disabilities rated 50
percent or greater and veterans needing care for a service-connected
disability. Allowing those veterans to receive care without regard to
enrollment effectively gives them priority over all other veterans. The
legislative history of the Eligibility Reform Act also includes
references to Congress' intent that these two groups of veterans, those
with a very high claim to VA services, should have priority access to
care.
VA established an enrollment system through rules promulgated at
38
CFR 17.36 and 17.37. Those rules provide that veterans with
disabilities rated 50 percent or greater, and veterans needing care for
a service-connected disability, need not enroll to receive care from
VA. The rules do not, however, afford those two groups of veterans with
special priority access to VA outpatient medical services or inpatient
hospital care, as authorized by law. This interim final rule rectifies
that matter and expressly provides for that priority access. Moreover,
it provides such priority to these veterans regardless of whether they
are enrolled in the VA health care system.

Administrative Procedure Act

Since hundreds of thousands of our core constituency veterans are
currently on waiting lists causing delays in their receiving treatment,
we have found good cause to dispense with the notice-and-comment and
delayed effective date provisions of the Administrative Procedure Act
(5 U.S.C. 553). Compliance with such provisions would be impracticable
and contrary to the public interest.

*************

[sfc_darrel]

Great Job everybody

We won another one.

Party starts now.

[Arrow]

I have read in a very very long time!!! God it makes me feel good to know that somebody at the top is listening.

Alright now the next step is to clean up the claims processing mess it is taking to damn long.

Someone make me a happy woman and draft petition for it. Gimpy? LOL!

Party time....

Everybody get on your feet..

You make me nervous when your in your seat..

Take off your shoes and throw 'em away come back and get 'em another day..

barefootin' barefootin....

[xgrunt]

You made this vets rainy day alot better with this. Thanks Gimpy. rest assured my comments are e-mailing their way now. xgrunt

[David]

Excellent news I guess we do not need the petitions anymore so if no one objects I will close them down.

[Gimpy]

But all the "kudos" go to you and the thousands of others that responded to the "call" for action on this issue.

When we can show a "united" front on issues as we did this time we CAN make a difference.

PS----Sparrow, I've got something in mind for the disability claims fiasco coming shortly. Gimmie a while and I'll post it and maybe we can get David to help us some more.