Expansion of VA Process for 72-Hour Notification of Emergency Treatment

DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 [Docket VA-2025-VHA-0007] RIN 2900-AS29 Expansion of VA Process for 72-Hour Notification of Emergency Treatment AGENCY:

Department of Veterans Affairs.

ACTION:

Proposed rule.

SUMMARY:

The Department of Veterans Affairs (VA) proposes to revise its medical regulations to add a new method of notification for emergency treatment that is furnished by community providers to be authorized under the Veterans Community Care Program.

DATES:

Comments must be received on or before September 22, 2025.

ADDRESSES:

You may submit comments through www.regulations.gov under RIN 2900-AS29. That website includes a plain-language summary of this rulemaking. Instructions for accessing agency documents, submitting comments, and viewing the rulemaking docket are available on www.regulations.gov under “FAQ.”

FOR FURTHER INFORMATION CONTACT:

Joseph Duran, Veterans Health Administration, (303) 370-1637.

SUPPLEMENTARY INFORMATION:

On June 6, 2018, the President signed into law the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening

In March 2020, VA began to allow veterans, veteran's representatives, and eligible entities or providers to contact VA within 72 hours through a centralized notification process. Notification of emergency treatment was centralized through a contracted call center. In June 2020, VA began to accept notifications from external fax, a shared email group, a call center, and from a VA facility. In December 2020, a new web-based tool was launched called the Emergency Care Reporting (ECR) Portal which allowed providers, veterans, or their representatives to report emergent episodes of care. In March 2021, VA limited the methods of notifications to the ECR Portal, the Centralized Call Center, or to the closest VA facility. The additional methods of emergency care reporting have been successful, with the ECR Portal alone receiving between 150,000-170,000 notifications per month

he centralized notification process would be accessible through VA's website at www.va.gov. The current web page is located on the Community Care section of the website and provides the Centralized Call Center telephone number, 844-72HRVHA or 844-724-7842, along with the ECR Portal website at https://emergencycarereporting.communitycare.va.gov/request, and any additional program details or updates. However, in the regulation, we propose to merely reference the general VA website to permit for flexibility if the location of the specific information changes or there are changes to the phone number or website.

Executive Orders 12866, 13563, and 14192

VA examined the impact of this rulemaking as required by Executive Orders 12866 (Sept. 30, 1993) and 13563 (Jan. 18, 2011), which direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. The Office of Information and Regulatory Affairs has determined that this rulemaking is not a significant regulatory action under Executive Order 12866, as supplemented by Executive Order 13563. This proposed rule is expected to be a deregulatory action under Executive Order 14192. The Regulatory Impact Analysis associated with this rulemaking can be found as a supporting document at www.regulations.gov.

Regulatory Flexibility Act

The Secretary hereby certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-612. This proposed rule adds a method for veterans, their representatives, and eligible entities or providers to contact VA for determination of whether emergency treatment can be authorized under the VCCP after the veteran has received such care. It will not have a substantial economic impact on small entities because it merely provides for an additional method of notification. Therefore, pursuant to 5 U.S.C

oposed rule adds a method for veterans, their representatives, and eligible entities or providers to contact VA for determination of whether emergency treatment can be authorized under the VCCP after the veteran has received such care. It will not have a substantial economic impact on small entities because it merely provides for an additional method of notification. Therefore, pursuant to 5 U.S.C. 605(b), the initial and final regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604 do not apply.

Unfunded Mandates

This proposed rule would not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year.

Paperwork Reduction Act

Although this proposed rule contains collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521), there are no provisions associated with this rulemaking constituting any new collection of information or any revisions to the existing collection of information. The collection of information for 38 CFR 17.4020 is currently approved by the Office of Management and Budget (OMB) and has a valid OMB control number of 2900-0823.

List of Subjects in 38 CFR Part 17

Administrative practice and procedure, Alcohol abuse, Alcoholism, Claims, Dental health, Drug abuse, Government contracts, Health care, Health facilities, Health records, Homeless, Mental health programs, Nursing homes, Philippines, Reporting and recordkeeping requirements, Scholarships and fellowships, Travel and transportation expenses, Veterans.

Signing Authority

Douglas A. Collins, Secretary of Veterans Affairs, approved this document on July 14, 2025, and authorized its submission to the Office

Taylor N. Mattson, Alternate Federal Register Liaison Officer, Department of Veterans Affairs