Veterans Medical Care: FY2010 Appropriations

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Veterans Medical Care: FY2010

Appropriations

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Specialist in Veterans Policy

January 21, 2010

Congressional Research Service

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R40737

CRS Report for Congress

Prepared for Members and Committees of Congress

Veterans Medical Care: FY2010 Appropriations

Summary

The Department of Veterans Affairs (VA) provides benefits to veterans who meet certain

eligibility criteria. Benefits to veterans range from disability compensation and pensions to

hospital and medical care. The VA provides these benefits through three major operating units:

the Veterans Health Administration (VHA), the Veterans Benefits Administration (VBA), and the

National Cemetery Administration (NCA).

This report focuses on the VHA. The VHA is primarily a direct service provider of primary care,

specialized care, and related medical and social support services to veterans through the nation’s

largest integrated health care system. Veterans generally must enroll in the VA health care system

to receive medical care. Eligibility for enrollment is based primarily on previous military service,

disability, and income. VA provides free inpatient and outpatient medical care to veterans for

service-connected conditions and to low-income veterans for nonservice-connected conditions.

On February 26, 2009, the President submitted a preliminary budget outline for FY2010, and

submitted his full FY2010 budget proposal to Congress on May 7. The Administration requested

a total of $45.1 billion for VHA (excluding collections). This is a 7.5% increase over the FY2009

enacted level. Including total available resources (including medical care collections), the

President’s budget would provide approximately $48 billion for VHA.

Based on the President’s preliminary budget outline, on April 29, 2009, the House and Senate

agreed to the conference report to accompany the FY2010 budget resolution (S.Con.Res. 13,

H.Rept. 111-89). The conference agreement provides $53.4 billion in discretionary budget

authority and $53.1 billion in mandatory budget authority for VA programs. Sections 402 and 424

of the conference agreement included language exempting the medical services, medical support

and compliance, and medical facilities accounts from a point of order against advance

appropriations. Furthermore, the conference agreement states that VHA is not and should not be

authorized to bill private insurance companies for treatment of health conditions that are related

to veterans’ service-connected disabilities.

On July 10, the House passed its version of the Military Construction and Veterans Affairs

Appropriations Act, 2010 (H.R. 3082, H.Rept. 111-188). The House-passed bill provided a total

of $45.1 billion for VHA. H.R. 3082 also provided $48.2 billion in advance appropriations for

VHA to be available in FY2011. On November 17, the Senate passed H.R. 3082 as amended.

H.R. 3082 as amended by the Senate provided a total of $45.2 billion for VHA, a $160.0 million

increase over the House-passed amount, and $157.6 million over the President’s request.

The Consolidated Appropriations Act was signed into law on December 16, 2009 (P.L. 111-117,

H.Rept. 111-366). Division E of the Consolidated Appropriations Act 2010 included a

compromised version of the House and Senate passed versions of Military Construction and

Veterans Affairs and Related Agencies Appropriations Act, 2010. The Consolidated

Appropriations Act provides a total of $45.1 billion for VHA, same as the Administration’s

request for FY2010, and 7.4% over the FY2009 enacted amount. P.L. 111-117 includes an

advance appropriation of $48.2 billion for the medical services, medical support and compliance,

and medical facilities accounts to be available in FY2011.

With the enactment of the Consolidated Appropriations Act, 2010 (P.L. 111-117), the FY2010

appropriations process for VHA was completed by Congress. This report will not be updated.

Congressional Research Service

Veterans Medical Care: FY2010 Appropriations

Contents

Most Recent Developments.........................................................................................................1

Introduction ................................................................................................................................4

The Veterans Health Care System................................................................................................5

Training of Health Care Professionals .............................................................................9

The Veteran Patient Population.................................................................................................. 11

Eligibility for Veterans Health Care........................................................................................... 13

“The Promise of Free Health Care” ..................................................................................... 13

VHA Health Care Enrollment.............................................................................................. 14

Veteran’s Status............................................................................................................. 15

Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF) Veterans ........ 16

Medical Benefits Package ............................................................................................. 17

Priority Groups and Scheduling Appointments .............................................................. 17

Formulation of VHA’s Budget ................................................................................................... 18

Funding for the VHA ................................................................................................................ 19

Medical Services................................................................................................................. 19

Medical Support and Compliance (Previously Medical Administration) .............................. 19

Medical Facilities................................................................................................................ 20

Medical and Prosthetic Research ......................................................................................... 20

Medical Care Collections Fund (MCCF) ............................................................................. 20

Consolidated Patient Accounting Centers (CPACs)........................................................ 21

FY2009 Budget Summary......................................................................................................... 23

House Action ...................................................................................................................... 23

Senate Committee Action.................................................................................................... 23

Final MILCON-VA Appropriations Act of 2009 .................................................................. 23

American Recovery and Reinvestment Act (P.L. 111-5) Funds ............................................ 24

FY2010 VHA Budget................................................................................................................ 24

President’s Request ............................................................................................................. 24

FY2010 Congress Congressional Budget Resolution ........................................................... 25

House Action ...................................................................................................................... 25

Senate Action...................................................................................................................... 26

Final MILCON-VA Appropriations Act, 2010...................................................................... 26

Major Issues.............................................................................................................................. 27

Advance Appropriations...................................................................................................... 27

Priority Group 8 Veterans.................................................................................................... 28

Beneficiary Travel Mileage Reimbursement ........................................................................ 30

Figures

Figure 1. Enacted Appropriations for VHA, FY1995-FY2009 .....................................................2

Figure 2. FY2009 VA Budget Allocations....................................................................................5

Figure 3. Veterans Integrated Services Networks (VISNs) ...........................................................7

Congressional Research Service

Veterans Medical Care: FY2010 Appropriations

Figure 4. VA Health Professionals Training Program: Percent Distribution of Program

Participants, FY2008.............................................................................................................. 11

Tables

Table 1. VA Appropriations, FY2009-FY2010, and Advance Appropriations, FY2011 .................3

Table 2. FY2009 VERA Allocations ............................................................................................8

Table 3. Number of Veterans Enrolled in the VA Health Care System, FY2006-FY2010 ........... 12

Table 4. Number of Patients Receiving Care from the VA, FY2006-FY2010 ............................. 13

Table 5. Medical Care Collections, FY2003-FY2008................................................................. 22

Table 6. Enrollment and Expenditures for FY2009- Under Current Policy and Under

Expanded Enrollment Policy .................................................................................................. 29

Table 7. VHA Appropriations by Account, FY2009-FY2010 and Advance Appropriations,

FY2011.................................................................................................................................. 33

Table A-1. VA Priority Groups and Their Eligibility Criteria...................................................... 35

Table B-1. Copayments for Health Care Services: 2010............................................................. 37

Appendixes

Appendix A. VA Priority Groups and Their Eligibility Criteria .................................................. 35

Appendix B. Copayments for Health Care Services: 2010 ......................................................... 37

Appendix C. Financial Income Thresholds for VA Health Care Benefits, Calendar Year

2010 ...................................................................................................................................... 39

Appendix D. 10% Increase to Financial Income Thresholds for VA Health Care

Enrollment, in Priority Group 8, Calendar Year 2010.............................................................. 40

Contacts

Author Contact Information ...................................................................................................... 40

Congressional Research Service

Veterans Medical Care: FY2010 Appropriations

Most Recent Developments

On December 10, 2009, the House adopted the conference report (H.Rept. 111-366) to

accompany the Department of Transportation, Housing and Urban Development appropriations

Act, 2010, and retitled as the Consolidated Appropriations Act 2010 (H.R. 3288). The Senate

adopted the conference report on December 13, 2009. Division E of the Consolidated

Appropriations Act 2010 included a compromise version of the House- and Senate-passed

versions of Military Construction and Veterans Affairs and Related Agencies Appropriations Act

2010 (MILCON-VA Appropriations Act of 2010). The Consolidated Appropriations Act was

singed into law on December 16, 2009 (P.L. 111-117).1

The MILCON-VA Appropriations Act, 2010, provides a total of approximately $45.1 billion for

the Veterans Health Administration (VHA) of the Department of Veterans Affairs (VA). This is a

7.4% increase over the FY2009 enacted amount and the same as the Administration’s budget

request for VHA (see Table 1).2 This amount includes funding for the medical services ($34.7

billion), medical support and compliance ($4.9 billion), medical facilities ($4.9 billion), and

medical and prosthetic research ($581.0 million) accounts. The Consolidated Appropriations Act

(P.L. 111-117) also provides approximately $48.2 billion in advance appropriations for the

medical services, medical support and compliance, and medical facilities accounts to be available

in FY2011.

As seen in Figure 1, funding for VHA has seen significant growth between FY1995 and FY2009.

During this time period funding for VHA increased by 154%, while the average annual increase

was 6.9%. From FY1995 to FY2005 the average annual increase was 6.7% whereas average

annual increase between FY2006 and FY2009 was 12.7% (Figure 1). The growth in funding

could be attributed to aging of many World War II and Korean War veterans with a greater need

for health care services, veterans’ increasing reliance on VHA’s pharmaceutical benefits,3 and

more recent veterans from Operation Enduring Freedom (OEF) and Operation Iraqi Freedom

(OIF) accessing the VA health care system. Veterans from OEF and OIF account for a rising

proportion of VA’s total patient work load. In FY2010 OEF and OIF patients will represent about

7% of the overall VA patient population, compared to about 3% in FY2006.4

1

Among other appropriation bills, the conference agreement included the Commerce, Justice, Science, and Related

Agencies Appropriations Act, 2010; the Financial Services and General Government Appropriations Act, 2010; the

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2010;

and the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010.

2

The FY2009 enacted amount includes supplemental funding provided by the American Recovery and Reinvestment

Act (P.L. 111-5).

3

Department of Veterans Affairs, FY2010 Budget Submission, Medical Programs and Information Technology

Programs, Vol. 2 of 4, May 2009, p. 1C-3.

4

Ibid. p. 1I-21, and U.S. Congress, House Committee on Veterans’ Affairs, The Status of the Department of Veterans

Affairs, 111th Cong., 1st sess., February 4, 2009 (Washington: GPO, 2009), p. 49.

Congressional Research Service

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Veterans Medical Care: FY2010 Appropriations

Figure 1. Enacted Appropriations for VHA, FY1995-FY2009

45.0

VHA

budget

shortfalls

reporteda

40.0

OEF

Begins

35.0

34.0

37.2

29.7

30.0

$ in Billions

42.0

29.3

24.4

25.0

26.8

20.7

20.0

16.5

15.0

17.3

16.9

21.9

17.7

17.4

19.3

OIF Begins

10.0

5.0

FY

19

FY 95

19

FY 96

19

FY 97

19

FY 98

19

FY 99

20

FY 00

20

FY 01

20

FY 02

20

FY 03

20

FY 04

20

FY 05

20

FY 06

20

FY 07

20

FY 08

20

09

0.0

Fiscal Year

Source: Congressional Research Service, based on House and Senate Appropriations Committee reports

accompanying the Departments of Veterans Affairs and Housing and Urban Development, and Independent

Agencies Appropriation Acts and Military Construction and Veterans Affairs Appropriations Acts.

Notes: OEF= Operation Enduring Freedom. OEF commenced in October 2001, and includes operations in and

around Afghanistan as well as Guantanamo Bay (Cuba), Djibouti, Eritrea, Ethiopia, Jordan, Kenya, Kyrgyzstan,

Philippines, Seychelles, Sudan, Tajikistan, Turkey, and Yemen.

OIF= Operation Iraqi Freedom. OIF commenced in March 2003, and includes operations in Iraq and in the

Arabian Sea, Bahrain, Gulf of Aden, Gulf of Oman, Iraq, Kuwait, Oman, Persian Gulf, Qatar, Red Sea, Saudi

Arabia, and United Arab Emirates.

Enacted figures include medical services, medical support and compliance (previously medical administration),

medical facilities, and medical and prosthetic research accounts. The figures exclude collections deposited into

the medical care collections fund (MCCF).

a. In June 2005, the Administration requested additional funds from Congress for FY2005 (a $975 million

supplemental appropriation) and in July 2005, the Administration requested additional funds for FY2006 (a

budget amendment of $1.977 billion). For details see CRS Report RL33409, Veterans’ Medical Care:

FY2007 Appropriations, by (name redacted).

The remainder of this report is organized as follows. The first section of the report provides an

overview of the Department of Veterans Affairs (VA) health care system. The second section

provides a description of the veteran patient population and eligibility for VA health care. The

third section provides a brief overview of the FY2009 Veterans Health Administration (VHA)

budget. The fourth section discusses the FY2010 VHA budget including House and Senate action.

Lastly, the report discusses major VA health care issues as they pertain to the FY2010 budget.

Congressional Research Service

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Table 1.VA Appropriations, FY2009-FY2010, and Advance Appropriations, FY2011

($ in thousands)

House

Senate

Enacted

(H.R. 3082)

(H.R. 3082)

(P.L. 111-117)

FY2009

Enacted

FY2010

Request

FY2010

FY2011

FY2010

FY2011

FY2010

FY2011

Total Department of

Veterans Affairs (VA)

$95,948,057

$108,860,775

$108,859,775

—

$109,060,409

—

$109,607,626

—

Total Mandatory

46,742,925

55,821,672

55,821,672

—

55,821,672

—

56,568,316

—

Total Discretionary

49,205,132

53,039,103

53,038,103

—

53,238,737

—

53,039,310

—

Total Veterans

Health

Administration

(VHA)a

$41,958,903

$45,077,500

$45,075,000

—

$45,235,133

—

$45,077,500

—

Memorandum: Advance

appropriations VHAb

—

—

—

$48,183,000

—

$48,183,000

—

$48,183,000

Sources: Congressional Record, vol.154, (September 24, 2008), pp. H9868-H9869, H.Rept. 111-188, S.Rept. 111-40,Congressional Record, vol.155, (July 10, 2009), pp. H7983H7987, Congressional Record, vol.171, (November 18, 2009), pp. S11503-S11508, and Division E of H.Rept. 111-366.

Notes: FY2009 enacted includes funding provided in the American Recovery and Reinvestment Act of 2009 (P.L. 111-5).

a.

Includes funding for medical services, medical support and compliance, medical facilities, and medical and prosthetic research accounts, and excludes collections

deposited into the Medical Care Collections Fund (MCCF).

b.

The House and Senate Military Construction and Veterans Affairs Appropriations bills for FY 2010, and Division E of the Consolidated Appropriations Act 2010

(Military Construction and Veterans Affairs Appropriations Act, 2010) provided budget authority for FY2011 for the following accounts: medical services, medical

support and compliance, and medical facilities. Under current budget scoring guidelines new budget authority for an advance appropriation is scored in the fiscal year in

which the funds become available for obligation. Therefore, in this table the budget authority is recorded in the FY2011 column.

CRS-3

Veterans Medical Care: FY2010 Appropriations

Introduction

The history of the present day Department of Veterans Affairs (VA) can be traced back to July 21,

1930, when President Hoover issued Executive Order 5398 consolidating separate veterans’

programs and creating an independent federal agency known as the Veterans Administration.5 On

October 25, 1988, President Reagan signed legislation (P.L. 100-527) creating a new federal

cabinet-level Department of Veterans Affairs to replace the Veterans Administration effective

March 15, 1989.

The VA provides a range of benefits and services to veterans who meet certain eligibility rules

including hospital and medical care, disability compensation and pensions, 6 education, 7

vocational rehabilitation and employment services, assistance to homeless veterans,8 home loan

guarantees,9 administration of life insurance as well as traumatic injury protection insurance for

servicemembers, and death benefits that cover burial expenses.

The Department carries out its programs nationwide through three administrations and the Board

of Veterans Appeals (BVA). The Veterans Health Administration (VHA) is responsible for health

care services and medical and prosthetic research programs. The Veterans Benefits

Administration (VBA) is responsible for, among other things, providing compensations, pensions,

and education assistance. The National Cemetery Administration (NCA)10 is responsible for

maintaining national veterans cemeteries; providing grants to states for establishing, expanding,

or improving state veterans cemeteries; and providing headstones and markers for the graves of

eligible persons, among other things.

The VA’s budget includes both mandatory and discretionary spending accounts. Mandatory

funding supports disability compensation, pension benefits, education, vocational rehabilitation,

and life insurance, among other benefits and services. Discretionary funding supports a broad

array of benefits and services including medical care. Figure 2 provides a breakdown of FY2009

budget allocations for both mandatory and discretionary programs. In FY2009 the total VA

budget authority was approximately $96 billion; discretionary budget authority accounted for

about 51.2% ($49.2 billion) of the total, with about 85% of this discretionary funding going

toward supporting VA health care programs.

5

In the 1920s three federal agencies, the Veterans Bureau, Bureau of Pensions in the Department of the Interior, and

the National Home for Disabled Volunteer Soldiers administered various benefits for the nation’s veterans.

6

For detailed information on disability compensation and pension programs see CRS Report RL33323, Veterans

Affairs: Benefits for Service-Connected Disabilities, by (name redacted), and CRS Report RS22804,

Veterans’

Benefits: Pension Benefit Programs, by (name redacted) and (name redacted).

7

For details on education benefits see CRS Report R40723, Educational Assistance Programs Administered by the

U.S. Department of Veterans Affairs, by (name redacted).

8

For detailed information on homeless veterans programs see CRS Report RL34024, Veterans and Homelessness, by

(name redacted).

9

For details on the home loan guarantee program see CRS Report RS20533, VA-Home Loan Guaranty Program: An

Overview, by (name redacted).

10

Established by the National Cemeteries Act of 1973 (P.L. 93-43).

Congressional Research Service

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Veterans Medical Care: FY2010 Appropriations

Figure 2. FY2009 VA Budget Allocations

Other, 1%

Mandatory Benefits

Programs, 48%

Medical Programs,

44%

Discretionary

Benefits Programs,

2%

Construction, 2%

Information

Technology, 3%

Source: Chart prepared by Congressional Research Service based on figures contained in Congressional Record,

vol.154, (September 24, 2008), pp. H9868-H9869 and P.L. 111-5.

The Veterans Health Care System

The VHA operates the nation’s largest integrated direct health care delivery system. 11 While

Medicare, Medicaid, and the State Children’s Health Insurance Program (CHIP) are also publicly

funded programs, most health care services under these programs are delivered by private

providers in private facilities. In contrast, the VA health care system is a truly public health care

system in the sense that the federal government owns the medical facilities and employs the

health care providers.12

The VA’s health care system is organized into 21 geographically defined Veterans Integrated

Service Networks (VISNs) (see Figure 3). Although policies and guidelines are developed at VA

headquarters to be applied throughout the VA health care system, management authority for basic

decision making and budgetary responsibilities are delegated to the VISNs.13 Congressionally

appropriated medical care funds are allocated to the VISNs based on the Veterans Equitable

11

Established on January 3, 1946 as the Department of Medicine and Surgery by P.L. 79-293, succeeded in 1989 by the

Veterans Health Services and Research Administration, renamed the Veterans Health Administration in 1991.

12

U.S. Congress, House, Economic Report of the President, 110th Cong., 2nd sess., February 2008, H. Doc. 110-83

(Washington: GPO, 2008), p. 106.

13

Kizer Kenneth, John Demakis, and John Feussner, “Reinventing VA health care: Systematizing Quality

Improvement and Quality Innovation.” Medical Care. vol. 38, no. 6 (June 2000), Suppl 1:I7-16.

Congressional Research Service

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Veterans Medical Care: FY2010 Appropriations

Resource Allocation (VERA) system, which generally bases funding on patient workload. VISNs,

in turn, allocate funds to the medical centers within their networks. Prior to the implementation of

the VERA system, resources were allocated to facilities based primarily on their historical

expenditures. While a thorough description of VERA is beyond the scope of this report, generally

VERA has two types of funds known as General Purpose funds and Specific Purpose funds.

General Purpose funds encompass about 83.5% of VHA total budget allocations to the VISNs.

General Purpose funds are distributed to the 21 VISNs at the beginning of each fiscal year and are

comprised of 8 elements. These elements include basic care, complex care, adjustments for high

cost patients, geographic price adjustment, research support, education support, equipment, and

non-recurring maintenance.

The Specific Purpose funds are given to the 21 VISNs during the year for specific activities

including prosthetics, mental health, homeless grants and per diem program, state home per

diems, transplants, clinical trainees, readjustment counseling, and medical facility activations.

Under VERA each network is provided an allocation that takes into account its unique

characteristics, and that is also adjusted to account for those veterans who receive care in more

than one network.

As seen in Table 2 the largest allocations of funds in FY2009 were to VISNs: 8 (Florida and

Puerto Rico), 16 (Mississippi, Arkansas, Louisiana, Oklahoma, some parts of Texas), 22 (some

parts of California and Nevada), 7 (Alabama, Georgia, and South Carolina), and 21 (some parts

of California, and Nevada, Hawaii and Philippines). While VISNs 8, 16, 7, and 4 have the

greatest number of unique veteran patients, VERA funding is not driven by veteran patient

population alone, but is adjusted for differences in patient mix, high cost patients, and geographic

costs, among other factors.

Congressional Research Service

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Veterans Medical Care: FY2010 Appropriations

Figure 3.Veterans Integrated Services Networks (VISNs)

Source: Department of Veterans Affairs, adapted by Congressional Research Service.

Congressional Research Service

7

Table 2. FY2009 VERA Allocations

($ in thousands)

Network

(VISN)

1

2

3

4

5

6

7

8

9

10

11

12b

15

16

17

18

19

20

21

22

23

VHA

Totala

Basic Carea

$859,369

480,484

698,879

1,033,231

469,096

1,085,729

1,170,695

1,989,487

1,020,301

754,083

874,204

849,628

860,022

1,748,527

959,469

885,212

575,571

871,766

854,866

1,050,766

997,382

$20,088,768

Complex

Carea

High Cost

Patient

Allocationsa

$269,467

165,529

247,079

308,041

194,628

316,845

367,968

465,785

250,836

351,823

230,499

285,821

216,214

332,386

286,368

236,942

158,699

231,393

288,315

336,359

310,752

$171,151

57,603

246,858

143,951

89,646

138,101

122,428

193,712

93,251

77,069

101,074

136,380

67,028

149,759

91,070

66,162

38,850

91,698

188,127

184,100

95,126

Geographic

Price

Adjustmenta

$59,786

(19,845)

86,247

(22,640)

18,284

(31,222)

(47,506)

(109,744)

(51,743)

(17,389)

(20,464)

34,013

(31,783)

(33,185)

(18,321)

(24,645)

(12,934)

11,335

162,012

100,685

(30,939)

$5,851,747

$2,543,145

$0

Research

Supporta

Education

Supporta

Equipmenta

$42,627

3,743

15,077

18,989

17,584

14,501

22,493

14,964

15,756

13,730

17,753

21,315

7,557

17,045

16,475

13,410

11,358

26,320

62,831

42,931

25,540

$36,258

16,618

41,343

20,880

17,641

27,042

32,816

45,612

38,654

19,823

23,163

45,354

23,499

51,244

26,566

22,978

17,961

21,946

32,120

53,164

28,035

$62,795

35,046

50,610

81,067

34,043

74,449

84,484

136,947

69,364

52,640

63,089

61,768

62,289

121,879

67,792

62,343

41,941

60,195

60,662

72,875

75,344

Nonrecurring

Maintenancea

$40,002

21,148

44,205

48,689

18,231

32,886

37,598

67,680

34,225

31,482

38,810

41,908

34,263

54,642

29,732

29,230

21,722

39,089

43,123

49,162

42,174

$442,000

$642,719

$1,431,621

$800,000

Source: Department of Veterans Affairs, Veterans Health Administration, Office of Finance.

a.

Totals may not add-up due to rounding

b.

In January 2002, VISNs 13 and 14 were integrated as VISN 23.

CRS-8

4% Floor

Adjustmenta

Total

General

Purpose

Allocationa

$(1,777)

10,022

8,266

870

7,030

(2,840)

(2,466)

(2,917)

(1,894)

(1,558)

(1,838)

(1,612)

3,481

(2,382)

(2,052)

(1,383)

(1,258)

(1,706)

(2,452)

(2,149)

616

$1,539,678

770,348

1,438,564

1,633,078

866,183

1,655,491

1,788,510

2,801,526

1,468,750

1,281,703

1,326,290

1,474,575

1,242,570

2,439,915

1,457,099

1,290,249

851,910

1,352,036

1,689,604

1,887,893

1,544,030

$0

$31,800,000

Veterans Medical Care: FY2010 Appropriations

As of FY2009, VHA operates 153 hospitals (medical centers), 135 nursing homes, 803

community-based outpatient clinics (CBOCs),14 6 independent outpatient clinics, 271

Readjustment Counseling Centers (Vet Centers).15 VHA also operates 10 mobile outpatient

clinics.

The VHA pays for care provided to veterans by private-sector providers on a fee basis under

certain circumstances. Inpatient and outpatient care are also provided in the private sector to

eligible dependents of veterans under the Civilian Health and Medical Program of the Department

of Veterans Affairs (CHAMPVA).16 The VHA also provides grants for construction of stateowned nursing homes and domiciliary facilities and collaborates with the Department of Defense

(DOD) in sharing health care resources and services.

Apart from providing direct patient care to veterans,17 VHA’s other statutory missions are to

conduct medical research,18 to serve as a contingency back up to the Department of Defense

(DOD) medical system during a national security emergency, 19 to provide support to the National

Disaster Medical System and the Department of Health and Human Services as necessary,20 and

to train health care professionals in order to provide an adequate supply of health personnel for

VA and the Nation. 21

Training of Health Care Professionals

VA’s clinical training program is the largest provider of health care training in the United States.22

It is also the second largest federal payer (after Medicare) for health care training. In FY2008, a

total of 109,882 health professionals had part or all of their clinical training at VA medical

facilities (see Figure 4). This included 34,075 physician residents rotating through 9,545 funded

14

Data on the number of CBOCs differ from source to source. Some sources count clinics located at VA hospitals

while others count only free standing facilities. The number provided in this report excludes outpatient clinics located

at VA hospitals.

15

In FY2009 VA plans to establish 39 new Vet Centers. The new Vet Centers are to be located in the following

counties: Madison, AL; Maricopa, AZ; Kern, Los Angeles, Orange, Riverside, Sacramento, San Bernardino, and San

Diego, CA; Fairfield, CT; Broward, Palm Beach, Pasco, Pinellas, Polk, and Volusia, FL; Cobb, GA; Cook, and

DuPage, IL; Anne Arundel, Baltimore, and Prince George’s, MD; Macomb and, Oakland, MI; Hennepin, MN; Greene,

MO; Onslow, NC; Ocean, NJ; Clark, NV; Comanche, OK; Bucks, and Montgomery, PA; Bexar, Dallas, Harris, and

Tarrant, TX; Virginia Beach, VA; King, WA; and Brown, WI. VA plans to have the 39 sites fully operational by the

end of December 2009. In FY2010 VA plans to establish 28 new Vet Centers. These new Vet Centers would be located

in: Mohave and Yuma Counties, AZ; San Luis Obisbo, CA; Sussex County, DE; Bay, Collier, Lake, Marion, and

Okaloosa Counties, FL; Muscogee and Richmond Counties, GA; Oahu (Western), HI; St. Joseph County, IN; Rapides

County, LA; Grand Traverse County, MI; Boone County, MO; Cascade and Flathead Counties, MT; Stark County,

OH; Deschutes County, OR; Lancaster County, PA; Horry County, SC; Jefferson and Taylor Counties TX; Washington

County UT; Walla Walla County, WA; LaCrosse County, WI; and American Samoa.

16

For further information on CHAMPVA, see CRS Report RS22483, Health Care for Dependents and Survivors of

Veterans, by (name redacted).

17

38 U.S.C. § 7301(b).

18

38 U.S.C. § 7303.

19

38 U.S.C. § 8111A.

20

38 U.S.C. § 8117(e).

21

38 U.S.C. § 7302.

22

U.S. Congress, House Committee on Veterans’ Affairs, Subcommittee on Health, Healthcare Professionals—

Recruitment and Retention, 110th Cong., 1st sess., October 18, 2007 (Washington: GPO, 2008), p. 40.

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graduate medical education (GME) slots (about 8.5% of total U.S. resident positions).23 It should

be noted here that about 3.5 individual physician residents rotate through each of the 9,545

funded positions. 24 Of the total U.S. physician residents about 31% (34,075) receive some or all

of their training from the VA annually. Although a majority of VA’s residency positions are in

primary care, the Department also supports GME in recognized medical specialties and

subspecialties.

In late 2004, VA’s Advisory Committee on GME initiated a review of VA’s resident education

program. The Advisory Committee was charged with examining the philosophy and deployment

of VA’s residency training positions (including the total number of positions, the specialty mix of

resident physician training positions, and the geographic distribution of positions). The Advisory

Committee undertook a broad assessment of graduate medical education in relationship to

veterans’ future health care needs. The Advisory Committee’s recommendations called for

increasing the number of residents in geographic areas and at sites of care where there are

increased capacities to train; expanding training in areas of high relevance to VA; expanding

training in areas of new and emerging specialties; and expanding affiliations with new VA sites of

care. 25

As a result of this Advisory Committee’s recommendation, in 2006 (academic year 2007-2008)

VA began a GME enhancement program. The purpose of this multi-year program is to increase

VA’s share of U.S. resident positions from its low of 8.5% to the range of 10-11%. The five-year

plan is designed to add approximately 2,000 positions to VA’s pre-existing physician resident

positions. In the first three years, the VA has added 967 residency positions to the base allocations

of 72 VA facilities in 66 different specialty training programs.

23

Department of Veterans Affairs, Veterans Health Administration, Office of Academic Affiliations, Briefing to the

Congressional Research Service, April 15, 2009.

24

A single resident position may be filled by multiple residents. Allocations of fractions of slots are possible because

residents may obtain only a part of their training at a VA medical center.

25

The full report can be accessed at http://www.va.gov/oaa/archive/FACA_Report_2005.pdf, accessed on May 20,

2009.

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Figure 4.VA Health Professionals Training Program: Percent Distribution of Program

Participants, FY2008

Associated Health

Professionals, 21%

(23,237)

Advanced

Fellowships, 0.1%

(161)

Nursing Students,

29% (31,654)

Physician Residents

(GME), 31%

(34,075)

Medical Students,

19% (20,755)

Source: Chart prepared by Congressional Research Service, based on data provided by the Department of

Veterans Affairs, Veterans Health Administration, Office of Academic Affiliations.

The Veteran Patient Population

During FY2009, the VHA had an estimated total enrolled veteran population of 8.3 million and

provided medical care to about 5.4 million unique veteran patients (see Table 3 and Table 4 ).26

According to VHA estimates, the number of unique veteran patients is estimated to increase by

approximately 116,000, from 5.42 million in FY2009 to 5.53 million in FY2010. As shown in

Table 4 there will be an estimated 2.1% increase in the total number of unique patients (both

veterans and non-veterans), from 5.92 million in FY2009 to 6.05 million in FY2010. The number

of patients includes veterans from Operation Iraqi Freedom (OIF) and Operation Enduring

Freedom (OEF). In FY2010, VHA estimates that it will treat about 419,000 OIF and OEF

veterans, an increase of about 56,000 patients, or 15.4%, over the FY2009 level. In FY2010, it is

26

“Enrolles” are veterans who are currently enrolled in the VA health care system. “Unique patients” are those

receiving medical care who are counted only once. In any given year, some enrollees do not seek any medical care,

either because they do not become sick or because they rely on other health care resources, such as private health

insurance, for care.

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estimated that VA will be treating over 515,000 non-veterans, an increase of over 5,900 or 1.2%,

over the FY2009 level. 27

The total number of outpatient visits, including visits to Vet Centers, reached 67.6 million during

FY2008 and is projected to increase to approximately 70.9 million in FY2009 and 74.5 million in

FY2010.28 The VHA estimates that in FY2009 it will spend approximately 56.2% of its medical

services obligations on outpatient care.29

Table 3. Number of Veterans Enrolled in the VA Health Care System,

FY2006-FY2010

Priority Groupsa

FY2006

Actual

FY2007

Actual

FY2008

Actual

FY2009

Estimate

FY2010

Estimate

1

912,787

977,389

1,041,754

1,079,852

1,134,117

2

522,829

545,196

550,634

595,548

618,701

3

996,063

1,023,256

1,011,568

1,090,376

1,118,059

4

241,716

244,159

237,208

233,153

230,759

5

2,538,228

2,413,796

2,274,668

2,361,165

2,350,211

6

265,253

312,256

425,588

354,785

370,649

Subtotal Priority Groups

1-6

5,476,876

5,516,052

5,541,420

5,714,879

5,822,496

7

218,248

202,049

164,986

1,056,733

1,058,811

8

2,177,314

2,115,344

2,128,357

1,545,331

1,557,535

Subtotal Priority Groups

7-8

2,395,562

2,317,393

2,293,343

2,602,064

2,616,346

Total Enrollees

7,872,438

7,833,445

7,834,763

8,316,943

8,438,842

Source: Table prepared by Congressional Research Service based on data from Department of Veterans

Affairs, FY2010 Budget Submission, Medical Programs and Information Technology Programs, Vol. 2 of 4, May 2009, pp.

1C-11.

a.

For a description of the Priority Groups see Appendix A.

27

Non-veterans include CHAMPVA patients, reimbursable patients with VA affiliated hospitals and clinics, care

provided on a humanitarian basis, veterans of World War II allied nations, and employees receiving preventative

occupational immunizations such as Hepatitis A&B and flu vaccinations.

28

This number includes outpatient care provided on a contract basis and outpatient visits to readjustment counseling

centers. Department of Veterans Affairs, FY2010 Budget Submission, Medical Programs and Information Technology

Programs, Vol. 2 of 4, May 2009, pp. 1C-12.

29

Ibid., p.1C-14.

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Table 4. Number of Patients Receiving Care from the VA, FY2006-FY2010

Priority Groupa

FY2006

Actual

FY2007

Actual

FY2008

Actual

FY2009

Estimate

FY2010

Estimate

1

768,537

820,410

888,470

919,918

968,516

2

342,023

358,270

365,212

394,768

412,264

3

568,740

590,860

585,032

634,232

654,712

4

177,563

181,572

185,997

186,477

186,369

5

1,645,781

1,544,328

1,484,467

1,580,609

1,590,953

6

134,425

155,939

199,882

174,184

181,944

Subtotal Priority Groups 1-6

3,637,069

3,651,379

3,709,060

3,890,188

3,994,758

7

197,901

173,149

147,785

619,888

622,101

8

1,195,612

1,191,161

1,221,424

909,816

918,896

Subtotal Priority Groups 7-8

1,393,513

1,364,310

1,369,209

1,529,704

1,540,997

Subtotal Unique Veteran Patientsb

5,030,582

5,015,689

5,078,269

5,419,892

5,535,755

Non-veteransc

435,488

463,240

498,420

509,167

515,098

Total Unique Patients

5,466,070

5,478,929

5,576,689

5,929,059

6,050,853

Source: Table prepared by Congressional Research Service based on data from Department of Veterans

Affairs, FY2010 Budget Submission, Medical Programs and Information Technology Programs, Vol. 2 of 4, May 2009, pp.

1C-11.

a.

For a description of the Priority Groups see Appendix A.

b.

Unique veteran patients include Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF)

veterans. These patients numbered: 155,272 in FY2006, 205,628 in FY2007, 261,019 in FY2008, and are

estimated to be 363,275 in FY2009 and 419,256 in FY2010.

c.

Non-veterans include CHAMPVA patients, reimbursable patients with VA affiliated hospitals and clinics,

care provided on a humanitarian basis, veterans of World War II allied nations, and employees receiving

preventative occupational immunizations such as Hepatitis A&B and flu vaccinations.

Eligibility for Veterans Health Care

“The Promise of Free Health Care”

To understand some of the issues discussed in this report, it is important to understand eligibility

for VA health care, the VA’s enrollment process, and its enrollment priority groups. VA health care

is not an entitlement program. Contrary to numerous claims made concerning “promises” to

military personnel and veterans with regard to “free health care for life,” not every veteran is

automatically entitled to medical care from the VA. 30 Prior to eligibility reform in 1996,

provisions of law governing eligibility for VA care were complex and not uniform across all

levels of care. All veterans were technically “eligible” for hospital care and nursing home care,

but eligibility did not by itself ensure access to care.

30

For a detailed discussion of “promised benefits,” see CRS Report 98-1006, Military Health Care: The Issue of

“Promised” Benefits, by (name redacted).

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The Veterans’ Health Care Eligibility Reform Act of 1996, P.L. 104-262, established two

eligibility categories and required the VHA to manage the provision of hospital care and medical

services through an enrollment system based on a system of priorities. 31 P.L. 104-262 authorized

the VA to provide all needed hospital care and medical services to veterans with serviceconnected disabilities, former prisoners of war, veterans exposed to toxic substances and

environmental hazards such as Agent Orange, veterans whose attributable income and net worth

are not greater than an established “means test,” and veterans of World War I. These veterans are

generally known as “higher priority” or “core” veterans (see Appendix A, and discussed in more

detail below). 32 The other category of veterans are those with no service-connected disabilities

and with attributable incomes above an established means test (see Appendix C).

P.L. 104-262 also authorized the VA to establish a patient enrollment system to manage access to

VA health care. As stated in the report language accompanying P.L. 104-262, “the Act would

direct the Secretary, in providing for the care of ‘core’ veterans, to establish and operate a system

of annual patient enrollment and require that veterans be enrolled in a manner giving relative

degrees of preference in accordance with specified priorities. At the same time, it would vest

discretion in the Secretary to determine the manner in which such enrollment system would

operate.”33

Furthermore, P.L. 104-262 was clear in its intent that the provision of health care to veterans was

dependent upon the available resources. The committee report accompanying P.L. 104-262 states

that the provision of hospital care and medical services would be provided to “the extent and in

the amount provided in advance in appropriations acts for these purposes. Such language is

intended to clarify that these services would continue to depend upon discretionary

appropriations.”34

VHA Health Care Enrollment

As stated previously, P.L. 104-262 required the establishment of a national enrollment system to

manage the delivery of inpatient and outpatient medical care. The new eligibility standard was

created by Congress to “ensure that medical judgment rather than legal criteria will determine

when care will be provided and the level at which care will be furnished.”35

For most veterans, entry into the veterans’ health care system begins by completing the

application for enrollment. Some veterans are exempt from the enrollment requirement if they

meet special eligibility requirements. 36 A veteran may apply for enrollment by completing the

31

U.S. Congress, House Committee on Veterans Affairs, Veterans’ Health Care Eligibility Reform Act of 1996, report

to accompany H.R. 3118, 104th Cong. 2nd sess., H.Rept. 104-690 p. 2.

32

Ibid., p.5.

33

Ibid., p.6.

34

Ibid., p.5.

35

Ibid., p.4.

36

Veterans do not need to apply for enrollment in the VA’s health care system if they fall into one of the following

categories: veterans with a service-connected disability rated 50% or more (percentages of disability are based upon the

severity of the disability; and those with a rating of 50% or more are placed in Priority Group 1); veterans for whom

less than one year has passed since the veteran was discharged from military service for a disability that the military

determined was incurred or aggravated in the line of duty, but the VA has not yet rated; or the veteran is seeking care

from the VA only for a service-connected disability (even if the rating is only 10%).

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Application for Health Benefits (VA Form 10-10EZ) at any time during the year and submitting

the form online or in person at any VA medical center or clinic, or mailing or faxing the

completed form to the medical center or clinic of the veteran’s choosing. 37 Once a veteran is

enrolled in the VA health care system, the veteran remains in the system and does not have to

reapply for enrollment annually. However, those veterans who have been enrolled in Priority

Group 5 (see Appendix A, discussed in more detail below) based on income must submit a new

VA Form 10-10EZ annually with updated financial information demonstrating inability to defray

the expenses of necessary care.38

Veteran’s Status

Eligibility for VA health care is based primarily on “veteran’s status” resulting from military

service. Veteran’s status is established by active-duty status in the military, naval, or air service

and an honorable discharge or release from active military service. A veteran with an “other than

honorable” discharge or “bad conduct” discharge may still retain eligibility for VA health care

benefits for disabilities incurred or aggravated during service in the military.39

Generally, persons enlisting in one of the armed forces after September 7, 1980, and officers

commissioned after October 16, 1981, must have completed two years of active duty or the full

period of their initial service obligation to be eligible for VA health care benefits. Servicemembers

discharged at any time because of service-connected disabilities are not held to this requirement.

Also, reservists that were called to active duty and who completed the term for which they were

called, and who were granted an other than dishonorable discharge, are exempt from the 24

continuous months of active duty requirement. National Guard members who were called to

active duty by federal executive order are also exempt from this two-year requirement if they (1)

completed the term for which they were called and (2) were granted an other than dishonorable

discharge.

When not activated to full-time federal service, members of the reserve components and National

Guard have limited eligibility for VA health care services. Members of the reserve components

may be granted service-connection for any injury they incurred or aggravated in the line of duty

while attending inactive duty training assemblies, annual training, active duty for training, or

while going directly to or returning directly from such duty. In addition, reserve component

service members may be granted service-connection for a heart attack or stoke if such an event

occurs during these same periods. The granting of service-connection makes them eligible to

receive care from the VA for those conditions. National Guard members are not granted serviceconnection for any injury, heart attack, or stroke that occurs while performing duty ordered by a

governor for state emergencies or activities.40

After veterans’ status has been established, the VA next places applicants into one of two

categories. The first group is composed of veterans with service-connected disabilities or with

incomes below an established means test. These veterans are regarded by the VA as “high

37

38

VA Form 10-10EZ is available at https://www.1010ez.med.va.gov/sec/vha/1010ez/, accessed July 16, 2009.

38 C.F.R. §17.36 (d)(3)(iv) (2008).

39

For a detailed description of discharge criteria see CRS Report RL33113, Veterans Affairs: Basic Eligibility for

Disability Benefit Programs, by (name redacted).

40

38.U.S.C. §101(24); 38 C.F.R. §3.6(c).

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priority” veterans, and they are enrolled in Priority Groups 1-6 (see Appendix A). Veterans

enrolled in Priority Groups 1-6 include

•

veterans in need of care for a service-connected disability;

•

veterans who have a compensable service-connected condition;

•

veterans whose discharge or release from active military, naval, or air service was

for a compensable disability that was incurred or aggravated in the line of duty;

•

veterans who are former prisoners of war (POWs);

•

veterans awarded the Purple Heart;

•

veterans who have been determined by VA to be catastrophically disabled;

•

veterans of World War I;

•

veterans who were exposed to hazardous agents (such as Agent Orange in

Vietnam) while on active duty; and

•

veterans who have an annual income and net worth below a VA-established

means test threshold.

The VA looks at applicants’ income and net worth to determine their specific priority category

and whether they have to pay copayments for nonservice-connected care. In addition, veterans are

asked to provide the VA with information on any health insurance coverage they have, including

coverage through employment or through a spouse. The VA may bill these payers for treatment of

conditions that are not a result of injuries or illnesses incurred or aggravated during military

service. Appendix B provides information on what categories of veterans pay for which services.

The second group of veterans is composed of those who do not fall into one of the first six

priority groups—primarily veterans with nonservice-connected medical conditions and with

incomes and net worth above the VA-established means test threshold. These veterans are

enrolled in Priority Group 7 or 8.41 Appendix C provides information on income thresholds for

VA health care benefits.

Operation Enduring Freedom (OEF) and Operation Iraqi Freedom (OIF)

Veterans

The National Defense Authorization Act (NDAA), FY2008 (P.L. 110-181) extended the period of

enrollment for VA health care from two to five years for veterans who served in a theater of

combat operations after November 11, 1998 (generally, OEF and OIF veterans who served in a

combat theater).

According to the VA, currently enrolled combat veterans will have their enrollment eligibility

period extended to five years from their most recent date of discharge. New servicemembers

41

The VA considers a veteran’s previous year’s total household income (both earned and unearned income, as well as

his/her spouse’s and dependent children’s income). Earned income is usually wages received from working. Unearned

income includes interest earned, dividends received, money from retirement funds, Social Security payments, annuities,

and earnings from other assets. The number of persons in the veterans’ family will be factored into the calculation to

determine the applicable income threshold. 38 C.F.R. § 17.36(b)(7) (2008).

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discharged from active duty on or after January 28, 2003, could enroll for a period of up to five

years after their most recent discharge date from active duty. Veterans who served in a theater of

combat, and who never enrolled, and were discharged from active duty between November 11,

1998 and January 27, 2003 may apply for this enhanced enrollment opportunity through January

27, 2011.

Generally, new OEF and OIF veterans are assigned to Priority Group 6, unless eligible for a

higher Priority Group, and are not charged copays for medication and/or treatment of conditions

that are potentially related to their combat service. Veterans who enroll in the VA health care

system under this extended enrollment authority will continue to be enrolled even after the fiveyear eligibility period ends. At the end of the five-year period, veterans enrolled in Priority Group

6 may be re-enrolled in Priority Group 7 or 8, depending on their service-connected disability

status and income level, and may be required to make copayments for nonservice-connected

conditions. The above criteria apply to National Guard and Reserve personnel who were called to

active duty by federal executive order and served in a theater of combat operations after

November 11, 1998.

Medical Benefits Package

Once enrolled all veterans are offered a standard medical benefits package. This package includes

a full range of inpatient, outpatient, and preventive medical services such as: medical, surgical,

and mental health care, including care for substance abuse; prescription drugs, including over-thecounter drugs and medical and surgical supplies available under the VA national formulary

system; durable medical equipment and prosthetic and orthotic devices, including eyeglasses and

hearing aids; home health services, hospice care, palliative care, and institutional respite care; and

noninstitutional adult day health care and noninstitutional respite care; and periodic medical

exams, among other services. 42

Priority Groups and Scheduling Appointments

The VHA is mandated to provide priority care for non-emergency outpatient medical care for any

condition of a service-connected veteran rated 50% or more, or for a veteran’s service-connected

condition. 43 According to VHA policies, patients with emergency or urgent medical needs must be

provided care, or must be scheduled to receive care as soon as practicable, independent of

service-connected status, and whether care is purchased or provided directly by the VA. Veterans

whose conditions are 50% or more service-connected disabled must be scheduled to be seen

within 30 days of the desired date for any condition.

Veterans who are rated less than 50% service-connected disabled, and who require care for a

service-connected condition, must be scheduled to be seen within 30 days of the desired date.

When VHA staff is in doubt as to whether the request for care is for a service-connected

condition, they are required to assume, on behalf of the veteran, that the veteran is entitled to

priority access and schedule within 30 days of the desired date.44

42

A detail listing of VHA’s standardized medical benefits package is available at 38 C.F.R. § 17.38 (2008).

VHA Directive 2006-055, October 11, 2006.

44

Ibid.

43

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Veterans who are rated less than 50% service-connected, and who require care for a nonserviceconnected condition, are to be scheduled to be seen within 120 days of the desired date.

According to VHA policies, all outpatient appointment requests must be acted on as soon as

possible, but no later than seven calendar days from the date of the request. The VHA also

requires that priority scheduling of any veteran must not affect the medical care of any other

previously scheduled veteran. Furthermore, VHA guidelines state that veterans with serviceconnected conditions cannot be prioritized over other veterans with more acute health care

needs. 45

Formulation of VHA’s Budget

Historically, the major determinant of VHA’s budget size and character was the number of

operating beds—which was controlled by Congress.46 The preliminary budget estimate, to a large

extent, was based on the funding and activity of the previous year. VHA developed system-wide

workload estimates, by type of care, by forecasts submitted by field stations. Unit costs were

derived from the field stations’ reports of the estimated distribution of expenses by type of care.

Costs associated with new programs were estimated by VA central office and added to the budget

estimate.47 The costs associated with staffing improvements, pay increases and inflation were also

added to this estimate. Therefore, it could be stated that the principal assumption at each phase of

the budget formulation process was that the preceding year’s budget was the starting point.48

In 1996, Congress enacted the Departments of Veterans Affairs and Housing and Urban

Development and Independent Agencies Appropriations Act of 1997 (P.L. 104-204). This Act

required VHA to develop a plan for the allocation of health care resources to ensure that veterans

eligible for medical care who have similar economic status and eligibility priority have similar

access to such care, regardless of where they reside. 49 The plan was to “account for forecasts in

expected workload and to ensure fairness to facilities that provide cost-efficient health care.”50

In response to the above-mentioned Congressional mandate, as well as the mandate in the Health

Care Eligibility Reform Act of 1996 (P.L. 104-262) that required the VHA to establish a prioritybased enrollment system, VHA established the Enrollee Health Care Projection Model in 1998.

The VHA’s the Enrollee Health Care Projection Model (EHCPM), which has evolved over time,

develops estimates of future veteran enrollment, enrollees’ expected utilization of health care

services, and the costs associated with that utilization. These 20-year projections are by fiscal

year, enrollment priority, age, Veterans Integrated Service Networks (VISN), market, and facility.

The VHA budget is formulated using the model projections.51

45

Ibid.

U.S. Congress, House Committee on Veterans’ Affairs, Health Care for American Veterans, prepared by the

National Academy of Sciences, National Research Council, 95th Cong., 1st sess., June 7, 1977, House Committee Print

No. 36 (Washington: GPO, 1977), p. 37.

47

Ibid, p .42.

48

Ibid.

49

Department of Veterans Affairs, Office of Inspector General, Report of Audit Congressional Concerns Over

Veterans Health Administration’s Budget Execution, Report No. 06-01414-160, Washington, DC, June 30, 2006, p. 2.

50

Ibid.

51

For a discussion of the EHCPM see CRS Report R40489, Advance Appropriations for Veterans’ Health Care: Issues

and Options for Congress , by (name redacted), and also see Katherine M. Harris, James P. Galasso, and

(continued...)

46

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VHA’s budget request to Congress begins with the formulations of the budget based on the

EHCPM to estimate the demand for medical services among veterans in future years. These

estimates are then used to develop a budget request that is then included with the total VA budget

request to Congress.

Funding for the VHA

The VHA is funded through multiple appropriations accounts that are supplemented by other

sources of revenue. Although the appropriations account structure has been subject to change

from year to year, the appropriation accounts used to support the VHA traditionally include

medical care, medical and prosthetic research, and medical administration. In addition, Congress

also appropriates funds for construction of medical facilities through a larger appropriations

account for construction for all VA facilities. In FY2004, “to provide better oversight and [to]

receive a more accurate accounting of funds,” Congress changed the VHA’s appropriations

structure.52 The Department of Veterans Affairs and Housing and Urban Development and

Independent Agencies Appropriations Act, 2004 (P.L. 108-199, H.Rept. 108-401), funded VHA

through four accounts: (1) medical services, (2) medical administration (currently known as

medical support and compliance), (3) medical facilities, and (4) medical and prosthetic research.

Provided below are brief descriptions of these accounts.

Medical Services

The medical services account covers expenses for furnishing inpatient and outpatient care and

treatment of veterans and certain dependents, including care and treatment in non-VA facilities;

outpatient care on a fee basis; medical supplies and equipment; salaries and expenses of

employees hired under Title 38, United States Code; and aid to state veterans homes. In its

FY2008 budget request to Congress, the VA requested the transfer of food service operations

costs from the medical facilities appropriations to the medical services appropriations. The House

and Senate Appropriations Committees concurred with this request.53

Medical Support and Compliance (Previously Medical

Administration)

The medical support and compliance account provides funds for the expenses related to the

administration of hospitals, nursing homes, and domiciliaries, billing and coding activities, public

health and environmental hazard programs, quality and performance management, medical

inspection, human research oversight, training programs and continuing education, security,

volunteer operations, and human resources management.

(...continued)

Christine Eibner, Review and Evaluation of the VA Enrollee Health Care Projection Model, The RAND Corporation,

Center for Military Health Policy Research, 2008.

52

U.S. Congress, Conference Committees, Consolidated Appropriations Act, 2004, conference report to accompany

H.R. 2673, 108th Cong., 1st sess., H.Rept. 108-401, p. 1036.

53

The cost of food service operations support hospital food service workers, provisions, and supplies related to the

direct care of patients.

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Medical Facilities

The medical facilities account covers, among other things, expenses for the maintenance and

operation of VHA facilities; administrative expenses related to planning, design, project

management, real property acquisition and deposition, construction, and renovation of any VHA

facility; leases of facilities; and laundry services.

Medical and Prosthetic Research

This account provides funding for VA researchers to investigate a broad array of veteran-centric

health topics, such as treatment of mental health conditions; rehabilitation of veterans with limb

loss, traumatic brain injury, and spinal cord injury; organ transplantation; and the organization of

the health care delivery system. VA researchers receive funding not only through this account but

also from the Department of Defense (DOD), the National Institutes of Health (NIH), and private

sources.

Unlike other federal agencies such as NIH and DOD, VA does not have the statutory authority to

make research grants to colleges and universities, cities and states, or any other non-VA entities.

In general, VA’s research program is intramural, that is, research is performed by VA investigators

at VA facilities and approved off-site locations.

Medical Care Collections Fund (MCCF)

In addition to direct appropriations accounts mentioned above, the Committees on Appropriations

include medical care cost recovery collections when considering the amount of resources needed

to provide funding for the VHA. The Consolidated Omnibus Budget Reconciliation Act of 1985

(P.L. 99-272), enacted into law in 1986, gave the VHA the authority to bill some veterans and

most health care insurers for nonservice-connected care provided to veterans enrolled in the VA

health care system, to help defray the cost of delivering medical services to veterans.54 This law

also established means testing for veterans seeking care for nonservice-connected conditions.

However, P.L. 99-272 did not provide the VA with specific authority to retain the third-party

payments it collected and VA was required to deposit these third-party collections in the General

Fund of the U.S. Treasury.

The Balanced Budget Act of 1997 (P.L. 105-33) gave the VHA the authority to retain these funds

in the Medical Care Collections Fund (MCCF). Instead of returning the funds to the Treasury, the

VA can use them for medical services for veterans without fiscal year limitations. 55 To increase

the VA’s third-party collections, P.L. 105-33 also gave the VA the authority to change its basis of

billing insurers from “reasonable costs” to “reasonable charges.”56 This change in billing was

intended to enhance VA collections to the extent that reasonable charges result in higher payments

than reasonable costs.57 In FY2004, the Administration’s budget requested consolidating several

54

Veterans’ Health-Care and Compensation Rate Amendments of 1985; 100 Stat. 372, 373, 383.

For a detailed history of funding for VHA from FY1995 to FY2004, see CRS Report RL32732, Veterans’ Medical

Care Funding: FY1995-FY2004, by (name redacted).

56

Under “reasonable costs,” the VA billed insurers based on its average cost to provide a particular episode of care.

Under “reasonable charges,” the VA bills insurers based on market pricing for health care services.

57

U.S. Government Accountability Office (GAO), VA Health Care: Third-Party Charges Based on Sound

(continued...)

55

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existing medical collections accounts into one MCCF. The conferees of the Consolidated

Appropriations Act of 2004 (H.Rept. 108-401) recommended that collections that would

otherwise be deposited in the Health Services Improvement Fund (former name), Veterans

Extended Care Revolving Fund (former name), Special Therapeutic and Rehabilitation Activities

Fund (former name), Medical Facilities Revolving Fund (former name), and the Parking

Revolving Fund (former name) should be deposited in MCCF.58 The Consolidated Appropriations

Act of 2005 (P.L. 108-447, H.Rept. 108-792) provided the VA with permanent authority to

deposit funds from these five accounts into the MCCF. The funds deposited into the MCCF

would be available for medical services for veterans. These collected funds do not have to be

spent in any particular fiscal year and are available until expended.

Consolidated Patient Accounting Centers (CPACs)

In 2005, VA established a Mid-Atlantic CPAC in North Carolina to help maximize its collections

by using a private-sector model tailored to VA’s billing and collection needs. 59 The conferees of

the FY2006 Military Construction, Military Quality of Life and Veterans Affairs Appropriations

Act (P.L. 109-114, H.Rept. 109-305) required the VA to establish a revenue improvement

demonstration project. The purpose of this pilot project was to provide a “comprehensive

restructuring of the complete revenue cycle including cash-flow management and accounts

receivable.”60 The conferees included this provision because the Appropriations Committees were

concerned that the VHA was collecting only 41% percent of the billed amounts from third-party

insurance companies. Due to their similar missions, VA established the Revenue Improvement

Demonstration Project at the Mid-Atlantic CPAC.61 There are eight VA medical centers under the

CPAC demonstration project. In a report issued in June 2008, the Government Accountability

Office (GAO) stated that VA had ineffective controls over medical center billings.62 The GAO

estimated that $1.2 to $1.4 billion dollars are going uncollected by VA. Furthermore, in the same

2008 report, GAO noted that the Mid-Atlantic CPAC achieved better billing performance and has

been able to reduce billing times.63 The Veterans Mental Health and Other Improvements Act of

2008 (P.L. 110-387) required the VA to establish, within five years, no more than seven CPACs

modeled after the existing CPAC and Revenue Improvement Demonstration Project in Asheville,

North Carolina.

(...continued)

Methodology; Implementation Challenges Remain, GAO/HEHS-99-124, June 1999.

58

For a detailed description of these former accounts, see CRS Report RL32548, Veterans’ Medical Care

Appropriations and Funding Process, by (name redacted).

59

U.S. Congress, House Committee on Veterans’ Affairs, Veterans’ Health Care Policy Enhancement Act of 2008,

report to accompany H.R. 6445, 110th Cong., 2nd sess., July 29, 2008, H.Rept. 110-789, p. 7.

60

U.S. Congress, Conference Committees, Military Construction, Military Quality of Life and Veterans Affairs

Appropriations Act, 2006, conference report to accompany H.R. 2528, 109th Congress, 1st session, H.Rept. 109-305, p.

43.

61

U.S. Congress, House Committee on Veterans’ Affairs, Veterans’ Health Care Policy Enhancement Act of 2008,

report to accompany H.R. 6445, 110th Cong., 2nd sess., July 29, 2008, H.Rept. 110-789, p. 7.

62

For details on whether medical centers under the CPAC initiative had more effective controls over third-party

billings and collections, see U.S. Government Accountability Office, VA Health Care: Ineffective Controls over

Medical Center Billings and Collections Limit Revenue from Third- Party Insurance Companies, GAO-08-675, June

2008.

63

Ibid.

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As shown in Table 5 MCCF collections increased from $1.5 billion in FY2003 to $2.4 billion in

FY2008. During this same period, first-party collections increased by 35%, from $685 million to

$922 million. In FY2008, first-party collections represented approximately 37.2% of total MCCF

collections.

Table 5. Medical Care Collections, FY2003-FY2008

($ in thousands)

FY2003

Actual

FY2004

Actual

FY2005

Actual

FY2006

Actual

FY2007

Actual

FY2008

Actual

First-party pharmacy

copaymentsa

$576,554

$623,215

$648,204

$723,027

$760,616

$749,685

First-party copayments

for inpatient and

outpatient care

104,994

113,878

118,626

135,575

150,964

168,274

First-party long-term

care copaymentsb

3,461

5,077

5,411

4,347

3,699

3,751

Third-party insurance

collections

804,141

960,176

1,055,597

1,095,810

1,261,346

1,497,449

Enhanced use leasing

revenuec

234

459

26,861

3,379

1,692

1,422

Compensated work

therapy collectionsd

38,834

40,488

36,516

40,081

43,296

52,372

Parking feese

3,296

3,349

3,443

3,083

3,136

3,355

376

634

2,431

2,075

1,904

1,572

1,531,890

1,747,276

1,897,089

2,007,377

2,226,653

2,477,880

Compensation and

pension living expensesf

MCCF Total

Sources: Table prepared by Congressional Research Service, based on data provided by the VA, and

Department of Veterans Affairs, FY2010 Budget Submission, Medical Programs and Information Technology Programs,

Vol. 2 of 4, May 2009, pp. 1C-8.

Notes: The following accounts were not consolidated into the MCCF until FY2004: enhanced use leasing

revenue, compensated work therapy collections, parking fees, and compensation and pension living expenses.

Collection figures for these accounts for FY2003 are provided for comparison purposes.

a.

In FY2002, Congress created the Health Services Improvement Fund (HSIF) to collect increases in

pharmacy copayments (from $2 to $7 for a 30-day supply of outpatient medication) that went into effect on

February 4, 2002. The Consolidated Appropriations Resolution, 2003 (P.L. 108-7) granted the VA the

authority to consolidate the HSIF with the MCCF and granted permanent authority to recover copayments

for outpatient medications.

b.

Authority to collect long-term care copayments was established by the Millennium Health Care and Benefits

Act (P.L. 106-117). Certain veteran patients receiving extended care services from VA providers or outside

contractors are charged copayments.

c.

Under the enhanced-use lease authority, the VA may lease land or buildings to the private sector for up to

75 years. In return the VA receives fair consideration in cash and/or in-kind. Funds received as monetary

considerations may be used to provide care for veterans.

d.

The compensated work therapy program is a comprehensive rehabilitation program that prepares veterans

for competitive employment and independent living. As part of their work therapy, veterans produce items

for sale or undertake subcontracts to provide certain products and/or services, such as providing

temporary staffing to a private firm. Funds collected from the sale of these products and/or services are

deposited into the MCCF.

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e.

The Parking program provides funds for construction and acquisition of parking garages at VA medical

facilities. The VA collects fees for use of these parking facilities.

f.

Under the compensation and pension living expenses program, veterans who do not have either a spouse

or child would have their monthly pension reduced to $90 after the third month a veteran is admitted for

nursing home care. The difference between the veteran’s pension and the $90 is used for the operation of

the VA medical facility.

FY2009 Budget Summary64

On February 4, 2008, President George W. Bush submitted his FY2009 budget proposal to

Congress. The Administration requested a total of $39.2 billion (excluding collections) for VHA.

This was a 5.3%, or $2 billion increase compared to the FY2008 enacted level. Including total

available resources (including medical collections) the Administration’s budget would have

provided $41.1 billion for VHA. The President’s budget proposal also requested $4.7 billion for

the medical facilities account, an increase of $561 million over the FY2008 enacted level. The

Administration’s budget proposal for FY2009 requested $442 million for the medical and

prosthetic research account, a 7.9% decrease ($38 million) below the FY2008 enacted level. As in

previous budget requests (FY2003 through FY2008), the Administration’s FY2009 budget

request included several cost-sharing proposals.

House Action

On August 1, 2008, the House passed the Military Construction and Veterans Affairs

Appropriations bill (H.R. 6599; H.Rept. 110-775), for FY2009 (MILCON-VA Appropriations

bill). The House-passed bill provided $40.8 billion for VHA, a $1.6 billion increase over the

Administration’s FY2009 request, and $3.6 billion over the FY2008 enacted amount. This

amount included $31 billion for the medical services account, $4.4 billion for the medical support

and compliance account, $5 billion for the medical facilities account, and $500 million for the

medical and prosthetic research account.

Senate Committee Action

On July 17, 2008, the Senate Appropriations Committee marked up its version of the FY2009

Military Construction and Veterans Affairs and Related Agencies Appropriations bill (S. 3301,

S.Rept. 110-428). The Senate Appropriations Committee recommended $41.1 billion (excluding

collections) for VHA for FY2009. This was a 4.8% increase over the FY2009 request, and $294

million above the House Appropriations Committee-recommended amount. S. 3301, as marked

up by the Committee, also provided $5.0 billion for medical facilities, and $527 million for the

medical and prosthetic research account. The full Senate did not consider S. 3301.

Final MILCON-VA Appropriations Act of 2009

Prior to the start of FY2009, a compromise version of H.R. 6599 and S. 3301 was included as

Division E in the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act,

64

For a detailed description of appropriations for the Veterans Health Administration for FY2009, see CRS Report

RL34598, Veterans Medical Care: FY2009 Appropriations, by (name redacted).

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2009 (H.R. 2638). The bill was signed into law on September 30, 2008, as P.L. 110-329. The

MILCON-VA Appropriations Act of 2009 provided a total of $40.9 billion (excluding collections)

for VHA

American Recovery and Reinvestment Act (P.L. 111-5) Funds

VHA received $1.0 billion for the medical facilities account under the American Recovery and

Reinvestment Act of 2009, for non-recurring maintenance projects and renewable energy and

energy efficiency projects across VHA facilities. Non- recurring maintenance projects include

patient privacy corrections, life safety corrections (such as installation of fire walls and fire

barrier walls and automatic sprinkler systems), utility system upgrades, and mental health

improvements.

FY2010 VHA Budget

President’s Request

On February 26, 2009, President Barack Obama released an initial budget outline for FY2010.65

The initial budget outline did not provide details on funding levels for VHA. On May 7, the

Administration released the full VHA budget proposal for FY2010. The President requested a

total of $45.1 billion for VHA (excluding collections). This is a 7.4 % increase over the FY2009

enacted amount of approximately $42 billion (see Table 7). This amount includes $34.7 billion in

appropriated budget authority for the medical services account. According to the Administration’s

budget proposal this level of funding would allow for the gradual expansion of enrollment of

Priority Group 8 veterans. VHA plans to enroll nearly 550,000 eligible Priority Group 8 veterans

into the VA health care system between 2010 and 2013 (see discussion of Priority Group 8

veterans later in this report).

For FY2010, the Administration requested $5.1 billion for the medical support and compliance

account. This is a 14.6% over the FY2009 enacted amount. The President’s request also includes

$4.7 billion for the medical facilities account, a decrease of 22.2% compared to the enacted

amount. The reason for this decrease in funding is because the Administration is planning to use

about $490 million of the $1.0 billion appropriated in the American Recovery and Reinvestment

Act of 2009 (P.L. 111-5) for non-recurring maintenance and energy projects during FY2009 and

the remaining $510 million in FY2010 for these same type of projects.66 Furthermore, the

President’s request included $580 million for the medical and prosthetic research account.

The Administration’s budget proposal did not include specific amounts for advance

appropriations for veterans medical care in FY2011. However, in its budget submissions to

Congress it indicated that it would work with Congress to provide advance appropriations for the

VA medical care program.67

65

Office of Management and Budget, A New Era of Responsibility: Renewing America’s Promise, February 26, 2009.

66

Office of Management and Budget, Budget of the United States Government: Fiscal Year 2010, Appendix, May

2009, p. 1027.

67

Ibid. p. 1335.

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FY2010 Congress Congressional Budget Resolution68

On March 25, 2009, the House Budget Committee marked up and voted to report the House

version of the FY2010 budget resolution (H.Con.Res. 85, H.Rept. 111-60). The House agreed to

H.Con.Res. 85 on April 2. H.Con.Res. 85 as agreed to by the House provided $53.3 billion in

discretionary budget authority, and $53.1 billion in mandatory budget authority for VA programs.

A majority of this discretionary funding is for VA medical care. The House agreed upon version

of the budget resolution affirmed that “VA should not be authorized to bill private insurance

companies for treatment of health conditions that are related to veterans’ military service.”69

H.Con.Res. 85 did not contain any language exempting certain VHA accounts against a point of

order if funded under an advance appropriation for FY2011.

On March 26, the Senate Budget Committee voted to report the Senate version of the FY2010

budget resolution (S.Con.Res. 13). The Senate agreed to S.Con.Res. 13 on April 2. S.Con.Res. 13

as agreed to by the Senate provides $53.2 in discretionary budget authority and $53.1 billion in

mandatory budget authority for VA programs.

During the Senate debate of S.Con.Res. 13, Senator James Inhofe offered an amendment

(S.Amdt. 742) that was adopted by the Senate. This amendment allowed for an advance

appropriation for the medical services, medical administration, medical facilities, and medical and

prosthetic research accounts of VHA and did not subject those accounts to a point of order under

section 302 of S.Con.Res. 13

After negotiations between the two chambers, the House and Senate agreed to the conference

report to accompany the FY2010 budget resolution (S.Con.Res. 13, H.Rept. 111-89) on April 29.

The conference agreement provides $53.4 billion in discretionary budget authority and $53.1

billion in mandatory budget authority for VA programs. Sections 402 and 424 of the conference

agreement included language exempting the following VA accounts from a point of order against

advance appropriations: medical services, medical support and compliance, and medical facilities.

House Action

The House Subcommittee on Military Construction and Veterans Affairs and Related Agencies

marked-up a draft version of the Military Construction and Veterans Affairs Appropriations Act,

2010 (MILCON-VA Appropriations Act of 2010) on June 16, 2009. On June 24, the House

Committee on Appropriations marked-up a draft version of the MILCON-VA Appropriations Act

of 2010, and the bill was reported on June 26 (H.R. 3082, H.Rept. 111-188). H.R. 3082 as passed

by the committee provided a total of approximately $45.1 billion for the Veterans Health

Administration (VHA) for FY2010. The House Appropriations Committee provided $34.7 billion

for medical services, $4.9 billion for medical support and compliance, $4.8 billion for the medical

facilities, and $580 million for the medical and prosthetic research accounts. Apart from minor

adjustments to the funding levels for each of the above accounts, the House Committee approved

measure provided about the same funding levels as the President’s request. The House

68

For a detailed analysis of the FY2010 budget resolution, see CRS Report R40559, S.Con.Res. 13: The Budget

Resolution for FY2010, by Megan Suzanne Lynch and (name redacted).

69

U.S. Congress, House Committee on the Budget, Concurrent Resolution on the Budget-FY2010, report to

accompany H.Con.Res. 85, 111th Cong., 1st sess., March 27, 2009, H.Rept. 111-60 (Washington: GPO, 2009), p. 38.

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Appropriations Committee also provided advance appropriations totaling $48.2 billion for the

medical services, medical support and compliance, and medical facilities accounts, an 8.3 %

increase over the FY2010 House-passed funding level.

On July 10, the House passed H.R. 3082. During floor consideration of H.R. 3082 several

amendments were offered. The following amendments changed the level of funding for some

VHA accounts. H.Amdt. 313 offered by Representative Edwards on behalf of Representative

Cohen transferred $1 million from the general operating expenses account to the medical services

account. This additional amount of funding would be used towards increasing the level of funding

for VHA’s Education Debt Reduction Program (EDRP).70 Moreover, Representative Filner and

Representative Langevin offered H.Amdt. 314. This amendment increased the level of funding

for the Department of Veterans Affairs, Office of National Veterans’ Sports Programs and Special

Events by $3.5 million and decreased funding for the VA’s medical support and compliance

account by $3.5 million. 71 The final House-passed amounts for VHA’s accounts are provided in

Table 7.

Senate Action

On July 6 2009, the Senate Subcommittee on Military Construction, Veterans Affairs, and Related

Agencies approved a draft version of its MILCON-VA Appropriations Act of FY2010. On July 7,

the full Senate Appropriations Committee reported S. 1407 (S.Rept. 111-40). The committee

approved measure provides a total of $45.2 billion for VHA, a $159.3 million increase over the

House-passed amount. S. 1407 as reported by the committee provides $5.1 billion for the medical

support and compliance account, $203.5 million increase over the House-passed amount and

same as the President’s request (see Table 7). Similar to H.R. 3082, S. 1407 provided advance

appropriations totaling $48.2 billion for medical services, medical support and compliance, and

medical facilities accounts (see Table 7).

On November 17, the Senate passed H.R. 3082 as amended. H.R. 3082 as amended by the Senate

provided a total of $45.2 billion for VHA, a $160.0 million increase over the House-passed

amount, and $157.6 million over the President’s request. This amount included $34.7 billion for

the medical services account, $5.1 billion for medical support and compliance account, $4.8

billion for medical facilities, and $580.0 million for the medical and prosthetic research account

(see Table 7). The Senate-passed version of H.R. 3082 provided advance appropriations totaling

$48.2 billion for medical services, medical support and compliance, and medical facilities

accounts.

Final MILCON-VA Appropriations Act, 2010

On December 10, 2009, the House adopted the conference report (H.Rept. 111-366) to

accompany the Department of Transportation, Housing and Urban Development appropriations

bill and retitled as the Consolidated Appropriations Act 2010 (H.R. 3288). The Senate adopted the

conference report on December 13. Division E of the Consolidated Appropriations Act 2010

included a compromised version of the House and Senate passed versions of the MILCON-VA

70

“Military Construction and Veterans Affairs Appropriations Act, 2010,” House, Congressional Record, vol. 155

(July 10, 2009), p. H7983.

71

Ibid. p. H7984.

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Appropriations Act of 2010. The Consolidated Appropriations Act, 2010, was singed into law on

December 16, 2009 (P.L. 111-117). The Consolidated Appropriations Act, 2010 provides a total of

$45.1 billion for VHA without medical care collections, same as the Administration’s request for

FY2010. Among other things, P.L. 111-117 (H.Rept. 111-366) provides an additional $1.0 million

to the medical services account to fund the Education Debt Reduction Program to be used as an

incentive when hiring mental health professionals,72 as well as an additional $2.0 million for the

Guide and Service Dog Program. 73 The conference agreement includes an advance appropriation

for the medical services, medical support and compliance, and medical facilities accounts.

According the conference report “the goal of this advance appropriation is to provide the Veterans

Health Administration with reliable and timely funding for their current services so the delivery

of medical care is not disrupted.”74 See Table 7 for detailed account level funding for VHA for

FY2010.

Major Issues

Advance Appropriations75

A coalition of veterans’ service organizations (VSOs) has been calling on Congress to provide

VHA with a budget which is “sufficient, timely, and predictable.” These organizations have

asserted that VHA has underestimated its budget in the past. Moreover, VSOs contend that

Congress has not enacted the VA budget by the beginning of the fiscal year. According to these

organizations the delays in the enactment of the budget have exacerbated operational

challenges—such as, differing capital expenditures, delaying recruitment, restricting acquisitions,

limiting maintenance—faced by VHA network directors. To mitigate these issues VSO’s have

proposed that Congress change the funding process for VHA to an advance appropriation.

In the 111th Congress H.R. 1016 and S. 423 were introduced, and these measures would authorize

advance appropriations for certain medical care accounts of the Department of Veterans Affairs

by providing two-fiscal year budget authority. The House passed H.R. 1016 (H.Rept. 111-171) as

amended on June 23, and the Senate Veterans Affairs Committee reported S. 423 on July 8

72

The Education Debt Reduction Program (EDRP) was authorized with the enactment of the Veterans Programs

Enhancement Act of 1998 (P.L. 105-368). It was amended by the Department of Veterans Affairs Health Care

Programs Enhancement Act of 2001 (P.L. 107-135). The EDRP was implemented in May 2002. The program serves as

both a recruitment and a retention tool. EDRP authorizes VA to provide education debt reduction payments to

employees with qualifying loans who are recently appointed to Title 38 U.S.C. positions providing direct-patient care

services or services incident to direct-patient care for which recruitment and retention of qualified personnel is difficult.

An employee is considered to be recently appointed to a position if the individual has held that position for less than 6

months.

73

Department of Veterans Affairs Health Care Programs Enhancement Act of 2001(P.L. 107-135) authorized the

VA—at the discretion of the VA Secretary—to provide service dogs to veterans that are hearing or mobility impaired.

Conference report language (H.Rept. 111-366) accompanying the Consolidated Appropriations Act, 2010 (P.L. 111117) indicated the lack of progress the VA has made to fully implement P.L. 107-135 regarding the provision of guide

dogs and service dogs to qualified veterans seeking such services.

74

U.S. Congress, House Committee on Appropriations, Departments of Transportation and Housing and Urban

Development, and Related Agencies Appropriations Act, 2010, conference report to accompany H.R. 3288, 111th

Cong., December 8, 2009, H.Rept. 111-366 (Washington: GPO, 2009), p. 1349.

75

For a detailed discussion of advance appropriations for VA health care accounts see CRS Report R40489, Advance

Appropriations for Veterans’ Health Care: Issues and Options for Congress, by (name redacted).

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(S.Rept. 111-41). S. 423 passed the Senate on August 6, 2009, as a substitute amendment to H.R.

1016. On October 8, the House agreed to the Senate amendment pursuant to H.Res. 804, and the

Senate agreed to the House amendment to the Senate amendment on October 13. The Veterans

Health Care Budget Reform and Transparency Act of 2009 (H.R. 1016) was signed into law (P.L.

111-81) on October 22. Under P.L. 111-81 beginning with FY2011, advance appropriations is

authorized for the medical services, medical support and compliance, and medical facilities,

accounts of the VHA. It also requires the VA to provide additional detailed budget estimates in

support of advance appropriations for these accounts in the President’s annual budget request to

Congress. It also requires the VA to submit a report to Congress, no later than July 31 of each

year, on the sufficiency of the Department’s resources for the provision of medical care for the

upcoming fiscal year. Furthermore, the Act would require the Comptroller General (U.S.

Government Accountability Office) to conduct a study of the adequacy and accuracy of

projections for health care expenditures and submit reports to the appropriate committees of

Congress and to the Secretary of Veterans Affairs, in 2011, 2012, and 2013. These reports must

state whether the amounts requested in the President’s budget are consistent with anticipated

expenditures for health care in such fiscal year as determined utilizing the Enrollee Health Care

Projection Model. 76 The Comptroller General is required to submit these reports not later than

120 days after the President has submitted his annual budget request to Congress.

Priority Group 8 Veterans

Since January 17, 2003, the VA has not enrolled veterans in Priority Group 8 unless they had been

previously enrolled in another priority group and no longer qualified for enrollment in that

previous priority group (see Appendix A). Since the suspension was promulgated, veterans

advocates have urged Congress to lift the suspension on Priority Group 8 veterans since they

believe that all veterans must be able to receive care from the VA because they have served their

country. 77

The Veterans Health Care Eligibility Reform Act of 1996 (P.L. 104-262) included language that

stipulated that medical care to veterans will be furnished to the extent appropriations were made

available by Congress on an annual basis. Based on this statutory authority, the Secretary of

Veterans Affairs announced on January 17, 2003 that VA would temporarily suspend enrolling

Priority Group 8 veterans.78 Those who enrolled prior to January 17, 2003 in VA’s health care

system were not to be affected by this suspension. VA claimed that, despite its funding increases,

it could not provide all enrolled veterans with timely access to medical services because of the

increase in the number of veterans seeking care from VA. 79

The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (P.L.

110-329) was enacted on September 30, 2008. The accompanying report language stated that

funding “has been provided within the Medical Services; Medical Support and Compliance;

76

For a discussion of the Enrollee Health Care Projection Model see CRS Report R40489, Advance Appropriations for

Veterans’ Health Care: Issues and Options for Congress, by (name redacted).

77

U.S. Congress, House Committee on Veterans’ Affairs, Priority Group 8 Veterans, 110th Cong., 1st sess., June 20,

2007 (Washington: GPO, 2008), pp. 61-63.

78

Department of Veterans Affairs, “Enrollment-Provision of Hospital and Outpatient Care to Veterans in Subpriorities

of Priority Categories 7 and 8 and Annual Enrollment Level Decision,” 68 Federal Register 2669-2673, January 17,

2003.

79

Ibid.

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Medical Facilities; Construction, Minor Projects; and Information Technology Systems accounts

to support increased enrollment for Priority 8 veterans whose income exceeds the current veterans

means test and geographic means test income thresholds by 10 % or less.”80 P.L. 110-329

provided $375 million for FY2009 to fund this increased enrollment. On January 21, 2009, VA

issued regulations indicating that it plans to enroll an estimated 258,705 new Priority Group 8

veterans.81 VA began enrolling new veterans starting June 15, 2009. Table 6 provides details of

the projected enrollment and expenditures under the current suspension scenario for FY2009, and

estimated enrollment and expenditure figures under the proposed expanded enrollment scenario—

reopening enrollment for Priority Group 8 veterans whose incomes exceed the current VA means

test and geographic means test income thresholds by 10% or less—for FY2009. Furthermore, as

stated before, the President’s FY2010 Budget Request to Congress also states that by 2013 VA

plans to enroll about 550,000 new nonservice-connected veterans.82

Table 6. Enrollment and Expenditures for FY2009- Under Current Policy and Under

Expanded Enrollment Policy

$ in Thousands

Priority Group

Estimated Enrollment

Estimated Expenditures

1

1,079,852

$10,552,246

2

595,548

2,352,417

3

1,090,376

3,517,387

4

233,153

3,461,043

5

2,361,166

11,513,021

6

354,785

606,349

7

1,056,733

2,041,244

8

1,286,626

2,692,952

Total without Expansion

8,058,238

36,706,661

8(Expanded Enrollment)a

258,705

485,247

Total with Expansion

8,316,943

$37,191,908

Source: Department of Veterans Affairs, “Expansion of Enrollment in the VA Health Care System,” 74 Federal

Register 3535-3540, January 21, 2009.

Notes: Numbers may not add-up due to rounding.

a.

The total number of Priority Group 8 veterans after enrollment would be 1,545,331 and the estimated

expenditures for this category of veterans would be $3,2 billion.

A veteran applying for enrollment on or after June 15, 2009, who does not qualify for a higher

priority group and whose income exceeds VA’s national and geographically-adjusted means test

threshold by 10% of less will be placed in Priority Group 8b (if the Veteran has a

80

P.L. 110-329, U.S. Congress, House Committee on Appropriations, Consolidated Security, Disaster Assistance, and

Continuing Appropriations Act, 2009, committee print, 110th Cong., 2nd sess., (Washington: GPO, 2008), p. 750.

81

Department of Veterans Affairs, “Expansion of Enrollment in the VA Health Care System,” 74 Federal Register

3535-3540, January 21, 2009.

82

Office of Management and Budget, Budget of the U.S. Government: Fiscal Year 2010, Appendix, Washington, DC,

May 2009, p. 1024.

Congressional Research Service

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Veterans Medical Care: FY2010 Appropriations

noncompensable 0% service-connected condition) or 8d (if the Veteran has no service-connected

condition) and enrolled in the VA health care system. This new financial threshold is referred to

as the enrollment threshold (see Appendix D). Veterans who applied on or after January 1, 2009

and were denied enrollment have been notified that VA will re-determine their enrollment after

June 15, 2009.

Because VA uses previous year’s income in its enrollment determination, veterans who applied

but were rejected for enrollment prior to January 1, 2009 may complete a VA Form 10-10EZR,

Health Benefits Renewal form to have their eligibility for enrollment reassessed against the new

enrollment threshold. Veterans may also self-determine their eligibility for enrollment under this

new provision by entering their information into VA’s on-line calculator 83

In general, veterans who are unable to defray the expenses of necessary care are eligible to

receive care from the VA free of charge. 84 To determine if the veteran is eligible for free health

care, the VA conducts a financial assessment. Under current law and regulations VA uses the

veteran’s previous year’s (that is, the calendar year preceding the year in which the veteran

applies for care or services) total household income (including income of the veteran, spouse, and

dependent children) to make this determination.85 However, in accordance with current VA

regulations, if a veteran’s current year income is projected to be less than his/her prior year’s

income, the veteran can submit a request for a hardship determination.86 Thus, a veteran meeting

this eligibility criterion may be placed in Priority Group 5 even though the veteran’s prior year

total gross household income is above the applicable national VA means test threshold.

Furthermore, under certain financial hardship circumstances, VA may use the projected income

for the current year of the veteran, spouse, and dependent children if the projected income is

below the VA’s means test threshold and above a geographic means test threshold.87 Therefore, a

veteran meeting this eligibility criterion may be placed in Priority Group 7 even though the

veteran’s prior year total gross household income is above the applicable geographic means test

for the area in which the veteran resides. Circumstances that would warrant financial hardship

consideration would be loss of employment, business bankruptcy, or unreimbursed medical

expenses paid by the veteran or spouse for a family member or others for whom the veteran has a

“moral responsibility to assist.” The hardship determination will be valid through the end of the

calendar year in which it was approved. Veterans must contact their nearest VA medical facility to

determine if they would be eligible to enroll in VA health care under the financial hardship

criteria.

Beneficiary Travel Mileage Reimbursement

In general, the beneficiary travel program reimburses certain veterans for the cost of travel to VA

medical facilities when seeking health care. P.L. 76-432, passed by Congress on March 14, 1940,

mandated VA to pay either the actual travel expenses, or an allowance based upon the mileage

traveled by any veteran traveling to and from a VA facility or other place for the purpose of

83

http://www.va.gov/healtheligibility/apps/enrollmentcalculator/.

38 U.S.C. § 1710(a)(2)(G).

85

38 U.S.C. § 1722; 38 C.F.R. § 17.36 (b)(7).

86

38 U.S.C. § 1722(e); .38 C.F.R. § 1747(d)(6).

87

38 C.F.R. § 1736(b)(7).

84

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Veterans Medical Care: FY2010 Appropriations

examination, treatment, or care. P.L. 85-857, signed into law on September 2, 1958, authorized

VA to pay necessary travel expenses to any veteran traveling to or from a VA facility or other

place in connection with vocational rehabilitation counseling or for the purpose of examination,

treatment, or care. However, this law changed VA’s travel reimbursement into a discretionary

authority by stating that VA “may pay” expenses of travel.

Due to rapidly increasing costs of the beneficiary travel program, on March 12, 1987, VA

published final regulations that sharply curtailed eligibility for the beneficiary travel program. 88

Under these regulations beneficiary travel payments to eligible veterans were paid when

specialized modes of transportation, such as ambulance or wheelchair van, were medically

required. In addition, payment was authorized for travel in conjunction with compensation and

pension examinations, as well as travel beyond a 100-mile radius from the nearest VA medical

care facility. It also authorized the VA to provide transportation costs, when necessary, to transfer

any veteran from one health care facility (either a VA or contract care facility) to another in order

to continue care paid for by the VA. The following transportation costs were not authorized under

these regulations:

•

Cost of travel by privately owned vehicle in any amount in excess of the cost of

such travel by public transportation unless public transportation was not

reasonably accessible or was medically inadvisable.

•

Cost of travel in excess of the actual expense incurred by any person as certified

by that person in writing.

•

Cost of routine travel in conjunction with admission for domiciliary care, or

travel for family members of veterans receiving mental health services from the

VA except for such travel performed beyond a 100-mile radius from the nearest

VA medical care facility.

Travel expenses of all other veterans were not authorized unless the veterans were able to present

clear and convincing evidence to show the inability to pay the cost of transportation, or except

when medically-indicated ambulance transportation was claimed and an administrative

determination was made regarding the veteran’s ability to bear the cost of such transportation.89

The Veterans’ Benefits and Services Act of 1988 (P.L. 100-322, section 108) restored in large

part, the travel reimbursement benefits. It required that if VA provides any beneficiary travel

reimbursement under Section 111 of Title 38 U.S.C. in any given fiscal year, then payments must

be provided in that year in the case of travel for health care services for all the categories of

beneficiaries specified in the statute. In order to limit the overall cost of this program, the law

imposed a $3 one-way deductible applicable to all travel, except for veterans otherwise eligible

for beneficiary travel reimbursement who are traveling by special modes of transportation such as

ambulance, air ambulance, wheelchair van, or to receive a compensation and pension

examination. In order to limit the overall impact on veterans whose clinical needs dictate frequent

travel for VA medical care, an $18-per-calendar-month cap on the deductible was imposed for

those veterans who are pre-approved as needing to travel on a frequent basis.

88

Veterans Administration, “Transportation of Claimants and Beneficiaries,” final regulations, 52 FR 7575-01, March

12, 1987. These regulations became effective on April 13, 1987.

89

Ibid.

Congressional Research Service

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Veterans Medical Care: FY2010 Appropriations

Veterans may qualify for travel reimbursement if (1) they have a service-connected disability

rated 30% or more; (2) they are traveling for treatment of a service-connected disability; (3) they

receive a VA pension; (4) their income does not exceed the maximum annual VA pension rate; or

(5) they are traveling for a scheduled compensation or pension examination.

The FY2008 Appropriations Act (P.L. 110-161) provided funding for VA to increase the

beneficiary travel mileage reimbursement rate from 11 cents per mile to 28.5 cents per mile. The

increase went into effect on February 1, 2008. While increasing the payment, VA, as mandated by

law, also increased proportionately the deductible amounts applied to certain mileage

reimbursements. The new deductibles were $7.77 for a one way trip, $15.54 for a round trip, with

a maximum of $46.62 per calendar month. However, these deductibles could have been waived if

they cause a financial hardship to the veteran.

The final MILCON-VA Appropriations Act of 2009 (P.L. 110-329) provided an additional $133

million to increase the mileage reimbursement rate to 41.5 cents a mile and included an

administrative provision to freeze the deductible at the FY2008 levels (i.e. $7.77 for a one way

trip, $15.54 for a round trip, with a maximum of $46.62 per calendar month).

The Veterans’ Mental Health and Other Care Improvements Act of 2008 (S. 2162, P.L. 110-387),

which was signed into law on October 10, 2008, contained a provision that required the VA to

raise its current reimbursement rate to conform with the General Services Administration’s (GSA)

rate at which federal employees are reimbursed when using private automobiles for official

business. The provision also amended the law that allowed the VA to raise or lower the deductible

for reimbursements in proportion to a change in the mileage rate. The VA is no longer able to

increase the deductible rate unless new deductible rates are mandated by Congress. It also

restored the deductible amounts for the beneficiary travel reimbursement program to those in

effect prior to February 1, 2008, when VA increased the deductible rate (i.e. $3 for a one way trip,

$6 for a round trip, with a maximum of $18 per calendar month).

The reports accompanying the MILCON-VA Appropriations Act of 2010 (H.Rept. 111-188 and

S.Rept. 111-40) state that VA should continue to provide beneficiary travel reimbursements at

41.5 cents a mile. 90

90

Current GSA rates are as follows: if government-owned vehicle is not available, the rate is $0.55; if a governmentowned vehicle is available, the rate is $0.285; see http://www.gsa.gov/mileage.

Congressional Research Service

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Table 7.VHA Appropriations by Account, FY2009-FY2010 and Advance Appropriations, FY2011

($ in thousands)

House (H.R. 3082)

Senate (H.R. 3082)

Enacted (P.L. 111-117)

FY2009

Enacted

FY2010

Request

FY2010

FY2011

FY2010

FY2011

FY2010

FY2011

Medical Services

$30,969,903

$34,704,500

$34,705,500

—

$34,705,250

—

$34,707,500

—

Subtotal Medical Services

30,969,903

34,704,500

34,705,500

—

34,705,250

—

34,707,500

—

Medical Support and

Compliance (Previously

Medical Administration)

4,450,000

5,100,000

4,896,500

—

5,100,000

—

4,930,000

—

Subtotal Medical Support

and Compliance

(Previously Medical

Administration)

4,450,000

5,100,000

4,896,500

—

5,100,000

—

4,930,000

—

Medical Facilities

5,029,000

4,693,000

4,893,000

—

4,849,883

—

4,859,000

—

American Recovery and

Reinvestment Act, 2009

(P.L. 111-5)

1,000,000

—

—

—

—

—

—

—

Subtotal Medical Facilities

6,029,000

4,693,000

4,893,000

—

4,849,883

—

4,859,000

—

Medical and Prosthetic

Research

510,000

580,000

580,000

—

580,000

—

581,000

—

Subtotal Medical and

Prosthetic Research

510,000

580,000

580,000

—

580,000

—

581,000

—

41,958,903

45,077,500

45,075,000

—

45,235,133

—

45,077,500

—

2,544,000

2,954,000

2,954,000

—

2,954,000

—

2,954,000

—

$44,502,903

$48,031,500

$48,029,000

—

$48,189,133

—

$48,031,500

—

Account

Total VHA

appropriations

(without collections)

Medical care cost

collections (MCCF)

Total VHA

appropriations (with

collections)

CRS-33

House (H.R. 3082)

FY2009

Enacted

FY2010

Request

FY2010

Medical Services

—

—

—

$37,136,000

Subtotal Medical Support

and Compliance

(Previously Medical

Administration)

—

—

—

Medical Facilities

—

—

Total VHA advance

appropriations

(without collections )a

—

—

Account

FY2011

Senate (H.R. 3082)

FY2010

Enacted (P.L. 111-117)

FY2011

FY2010

FY2011

—

$37,136,000

—

$37,136,000

5,307,000

—

5,307,000

—

5,307,000

—

5,740,000

—

5,740,000

—

5,740,000

—

$48,183,000

—

$48,183,000

—

$48,183,000

Memorandum:

Advance

Appropriations

Sources: Table prepared by Congressional Research Service, based on H.Rept. 110-775; S.Rept. 110-428; Congressional Record, vol.154, (September 24, 2008), pp. H9868H9869, H.Rept. 111-188, S.Rept. 111-40, Congressional Record, vol.155, (July 10, 2009), pp. H7983-H7987, Congressional Record, vol. 155 (November 18, 2009), pp. S1150011508, and Division E of P.L. 111-117.

a.

CRS-34

The House and Senate Military Construction and Veterans Affairs Appropriations bills for FY 2010, and Division E of the Consolidated Appropriations Act 2010

(Military Construction and Veterans Affairs Appropriations Act, 2010) provided budget authority for FY2011 for the following accounts: medical services, medical

support and compliance, and medical facilities. Under current budget scoring guidelines new budget authority for an advance appropriation is scored in the fiscal year in

which the funds become available for obligation. Therefore, in this table the budget authority is recorded in the FY2011 column.

Veterans Medical Care: FY2010 Appropriations

Appendix A. VA Priority Groups and Their

Eligibility Criteria

Table A-1.VA Priority Groups and Their Eligibility Criteria

Priority Group 1

Veterans with service-connected disabilities rated 50% or more disabling

Priority Group 2

Veterans with service-connected disabilities rated 30% or 40% disabling

Priority Group 3

Veterans who are former POWs

Veterans awarded the Purple Hearta

Veterans whose discharge was for a disability that was incurred or aggravated in the line of duty

Veterans with service-connected disabilities rated 10% or 20% disabling

Veterans awarded special eligibility classification under Title 38, U.S.C., Section 1151, “benefits for individuals disabled

by treatment or vocational rehabilitation”

Priority Group 4

Veterans who are receiving aid and attendance or housebound benefits

Veterans who have been determined by VA to be catastrophically disabled

Priority Group 5

Nonservice-connected veterans and noncompensable service-connected veterans rated 0% disabled whose annual

income and net worth are below the established VA means test thresholds

Veterans receiving VA pension benefits

Veterans eligible for Medicaid benefits

Priority Group 6

Compensable 0% service-connected veterans

World War I veterans

Mexican Border War veterans

Veterans solely seeking care for disorders associated with

—exposure to herbicides while serving in Vietnam; or

—ionizing radiation during atmospheric testing or during the occupation of Hiroshima and Nagasaki; or

—for disorders associated with service in the Gulf War; or

—for any illness associated with service in combat in a war after the Gulf War or during a period of hostility after

November 11, 1998 as follows:

- Veterans discharged from active duty on or after January 28, 2003, who were enrolled as of January 28, 2008

and veterans who apply for enrollment after January 28, 2008, for 5 years post discharge

-Veterans discharged from active duty before January 28, 2003, who apply for enrollment after January 28, 2008,

until January 27, 2011

Congressional Research Service

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Veterans Medical Care: FY2010 Appropriations

Priority Group 7

Veterans who agree to pay specified copayments with income and/or net worth above the VA means test threshold

and income below the VA national geographic income thresholds

Priority Group 8

Veterans who agree to pay specified copayments with income and/or net worth above the VA means test threshold

and the VA national geographic threshold

Subpriority a: Noncompensable 0% service-connected and enrolled as of January 16, 2003, and who have remained

enrolled since that date and/or placed in this subpriority due to changed eligibility status

Subpriority b: Noncompensable 0% service-connected and enrolled on or after June 15, 2009 whose income exceeds

the current VA means test threshold or VA national geographic income thresholds by 10% or less

Subpriority c: Nonservice-connected veterans enrolled as of January 16, 2003, and who have remained enrolled since

that date and/or placed in this subpriority due to changed eligibility status

Subpriority d: Nonservice-connected veterans enrolled on or after June 15, 2009 whose income exceeds the current

VA means test threshold or VA national geographic income thresholds by 10% or less

Subpriority e: Noncompensable 0% service-connected veterans not meeting the above criteria

Subpriority g: Nonservice-connected veterans not meeting the above criteria

Source: Department of Veterans Affairs

Notes: Service-connected disability means with respect to disability, that such disability was incurred or

aggravated in the line of duty in the active military, naval or air service.

a.

Veterans in receipt of a Purple Heart are in Priority Group 3. This change occurred with the enactment of

the Veterans Millennium Health Care and Benefits Act (P.L. 106-117) on Nov.30, 1999.

Congressional Research Service

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Veterans Medical Care: FY2010 Appropriations

Appendix B. Copayments for Health Care Services:

2010

Table B-1. Copayments for Health Care Services: 2010

Outpatient

medication

Long-term care

services

($15 Primary Care;

$50 Specialty Care;

$0 for x-rays, lab,

immunizations, etc.)

($8 per 30-day

supply;

Priority

Groups 2-6

calendar year

cap - $960)

(Institutional

nursing home care

units, respite care,

geriatric evaluation

- $0-97 per day.

Non-institutional

respite care,

geriatric evaluation,

adult day

healthcare - $15 per

day;

domiciliary care $5 per day)

NO

NO

NO

NO

Priority Groups 2 and

3

(Veterans with

service-connected

disabilities rated 10% 40% disabling)a

NO

NO

YES

NO

Priority Group 4

Copay rules apply if

placed from lower

priority group based

on VHA catastrophic

disability

determination

NO

NO

NO

NO

Priority Group 5b

NO

NO

YES

YES

Priority Group 6c

NO

NO

NO

NO

Priority Group 7d

YES

YES

YES

YES

Priority Group 8e

YES

YES

YES

YES

Inpatient care

Outpatient care

($10/day +

$1068 for first

90 days and

$534 after 90

days—based on

365-day period)

Priority Group 1

(service-connected

disabilities rated 50%

or more disabling)

Source: Table prepared by CRS based on information from the Department of Veterans Affairs.

a.

No medication copayments if medication is for a service-connected disability. Former POWs are exempt

from all medications copayments.

b.

No medication or long-term care copayments if veteran is in receipt of VA pension or has an income below

applicable pension threshold.

c.

Priority Group 6 are veterans claiming exposure to Agent Orange; veterans claiming exposure to

environmental contaminants; veterans exposed to ionizing radiation; combat veterans within five years of

discharge from the military; veterans who participated in Project 112/SHAD; veterans claiming military

sexual trauma; and veterans with head and neck cancer who received nasopharyngeal radium treatment

Congressional Research Service

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Veterans Medical Care: FY2010 Appropriations

while in the military are subject to copayments when their treatment or medication is not related to their

exposure or experience. The initial registry examination and follow-up visits to receive results of the

examination are not billed to the health insurance carrier and are not subject to copayments. However,

care provided that is not related to exposure, if it is nonservice-connected, will be billed to the insurance

carrier and copayments can apply.

d.

Priority Group 7a and 7c veterans have income above the VA Means Test threshold but below the

Geographic Means Test threshold and are responsible for 20% of the inpatient copayment and 20% of the

inpatient per diem copayment. The Geographic Means Test copayment reduction does not apply to

outpatient and medication copayment, and veterans will be assessed the full applicable copayment charges.

e.

Priority Group 8a and 8c veterans have income above the VA Means Test threshold and above the

Geographic Means Test threshold. Veterans enrolled in this priority group are responsible for the full

inpatient copayment and the inpatient per diem copayment for care of their nonservice-connected

conditions. Veterans in this priority group are also responsible for outpatient and medication copayments

for care of their nonservice-connected conditions.

OEF/OIF Combat Veterans Enhanced Eligibility for Health Care Benefits: Combat veterans

discharged from active duty on or after January 28, 2003 are eligible for enrollment in Priority

Group 6 for five years following discharge unless eligible for a higher enrollment priority.

Combat veterans discharged from active duty before January 28, 2003, who apply for enrollment

on or after January 28, 2008, are eligible for enrollment in Priority Group 6 until January 27,

2011. After the special eligibility period ends, these veterans will be reassigned to the appropriate

priority group and will be subject to copayments if applicable. Copayments are applicable for

Priority Group 6 combat veteran enrollees for care related to a condition that is congenital or

developmental (e.g., scoliosis) that existed before military service (unless aggravated by combat

service) or has a specific etiology that began after military service, such as a common cold, etc.

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Veterans Medical Care: FY2010 Appropriations

Appendix C. Financial Income Thresholds for VA

Health Care Benefits, Calendar Year 2010

Veterans with—

Free VA prescriptions and travel benefits for

veterans with incomes of—

Free VA Heath Care for

veterans with incomes of—

No dependents

$11,830 or less

$29,402 or less

1 dependent

$15,493 or less

$35,284 or less

2 dependents

$17,513 or less

$37,304 or less

3 dependents

$19,533 or less

$39,324 or less

4 dependents

$21,553 or less

$41,344 or less

$2,020

$2,020

For each additional

dependent, add:

Source: Department of Veterans Affairs.

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Veterans Medical Care: FY2010 Appropriations

Appendix D. 10% Increase to Financial Income

Thresholds for VA Health Care Enrollment, in

Priority Group 8, Calendar Year 2010

Veterans

with—

Enrollment in the VA Health Care System with

required copayments for veterans with 0% serviceconnected ratings and nonservice-connected veterans

with incomes of—

No dependents

$32,342

1 dependent

$38,812

2 dependents

$41,034

3 dependents

$43,256

4 dependents

$45,478

For each

additional

dependent, add:

$2,222

Source: Department of Veterans Affairs.

Author Contact Information

(name redacted)

Specialist in Veterans Policy

[redacted]@crs.loc.gov, 7-....

Congressional Research Service

40

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