Department of Veterans Affairs Proposes Rule to Waive Copays for Eligible Native American Veterans

On January 11, 2023, the United States Department of Veterans Affairs (“VA”) proposed a rule that would waive copayments for eligible Native American and Alaska Native veterans. There will be a 30-day period for the public to provide comments on the VA’s proposed rule. After reviewing public comments, the VA will develop and publish a final rule.

A copayment is a fixed amount of money a person pays for a covered health care service after paying a deductible (the amount of money a person pays for covered health care services before a health plan starts to pay). As proposed, eligible Native American and Alaska Native veterans who submit appropriate documentation will no longer be required to pay copays for health care services from the VA. Copayments for more than three visits to community based urgent care per calendar year are still required under the proposed rule. However, follow-up care by a VA-authorized primary care provider would be exempt from copays. The copayment exemption would be retroactive to January 5, 2022.

A press release from the VA states that the intent of the proposed rule “is to encourage Veterans to seek regular primary care treatment, which can yield better health outcomes.” Studies have shown that veterans experience mental health disorders, substance use disorders, post-traumatic stress, and traumatic brain injury at disproportionate rates compared to their civilian counterparts. Additionally, approximately 49,933 veterans are homeless. Increasing the affordability and availability of health care services for veterans is an important step in addressing the myriad of issues they experience. This regulation implements a requirement in the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020, which was signed into law on January 5, 2021.

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By Alex Milne