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Bill Authored By Moran Clarifies When Vets Can Get Non-VA Care

U.S. Department of Veterans Affairs
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U.S. Department of Veterans Affairs file photo
U.S. Sen. Jerry Moran, a Kansas Republican, has authored legislation clarifying when veterans can seek care from non-VA facilities.

The U.S. Senate has approved bi-partisan legislation to clarify the circumstances under which veterans are allowed to get medical care from their hometown providers at the VA’s expense.

Access to local, non-VA health care is part of the Choice Act, which became law last year. It’s meant as a way to assist veterans who live far from VA facilities or can’t get an appointment within 30 days.

The bill, authored by Sen. Jerry Moran, a Kansas Republican, specifies that living within 40 miles of the nearest VA health care facility does not disqualify the veteran unless the nearby VA clinic or hospital actually offers the needed services.

Speaking on the Senate floor last Friday, Moran said the legislation was necessary because of the way the VA had interpreted the Choice Act.

“Unfortunately, the Department of Veterans Affairs has interpreted it in a way that eliminates the opportunity for a veteran who happens to live within 40 miles of a facility, even though that facility doesn’t provide the service the veterans needs, from accessing that care,” Moran said.

VA Secretary Robert McDonald said recently that his hands were tied because of the original language of the Choice Act.

“It’s actually written in the bill that it’s distance measured from a community-based outpatient clinic or other facility, regardless of whether that facility has the service,” McDonald said. “Now I know Sen. Moran and others would like us to interpret it differently. What we’re unable to do is change the bill to say from a location where you get service.”

Moran insisted again on Friday that McDonald has more flexibility than he’s acknowledging.

“I also hope that what happens here is that the Department of Veterans Affairs, which I believe can correct this problem on its own volition, will do so, and when they see the Senate pass this legislation, hopefully by unanimous consent, they will respond and solve this problem immediately,” Moran said. “There is no reason why this can’t be done.”

If that doesn’t happen, Moran said he hopes the House will promptly pass the bill and send it on to President Obama for his signature. If not, Moran has a commitment from Veterans Affairs Committee Chairman Johnny Isakson, a Georgia Republican, to include the same language in every bill related to veterans affairs that goes to the White House.

Isakson pledged his support for Moran’s efforts.

“If for some reason the House does not adopt the language when it goes to the House,” Isakson said, “we will take it up immediately in the Senate when we have our next mark-up meeting in the Veterans Affairs Committee, and take care of it.”

Moran said the bill would have no impact on the federal budget over the five- and ten-year projection period.

“There is no fiscal consequence to current spending. This is money that was appropriated in the Choice Act, and should be something that can pass,” he said.

Moran’s legislation, which was co-sponsored by three Democrats, two Republicans and an Independent, passed the Senate by unanimous consent.

Bryan Thompson is a reporter for KHI News Service in Topeka, a partner in the Heartland Health Monitor team.

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