On May 23, 2018, the U.S. Senate passed a comprehensive Veterans
Affairs (VA) package (the VA Mission Act of 2018 ),
which was recently approved by the House of Representatives, that authorizes VA
provider agreements for extended care providers, including nursing
centers. AHCA and our members have been advocating for years for VA
provider agreements. These agreements are supported by the VA yet required
new statutory authorization. The White House has signaled that President
Trump will sign this legislation into law.
VA provider agreements allow our centers to care for veterans in
their communities or in close proximity to their families and support
system. Our centers already meet very strict compliance guidelines under
the Medicare and Medicaid programs. Adding more regulations on top of the
existing Medicare and Medicaid regulation is inefficient, adds cost and takes
staff time away from caring for veterans at the bedside. It is
long-standing policy that participation in Medicare or Medicaid does not make
providers federal contractors. However, if a provider currently has VA
patients, they are considered a federal contractor and therefore must comply with
statutes such as the Service Contract Act. The Office of Federal
Contracting Compliance Programs (OFCCP) has administered onerous reporting
requirements and regulations, beyond those required by Medicare and Medicaid
rules, which have dissuaded nursing care centers from admitting VA
patients. The result has been limited long term care options for veterans
in their local communities. Our veterans should not have to choose
between obtaining the long term care services they need and remaining near
loved ones in their community. Conversely, the same centers contracting
with the Centers for Medicare & Medicaid Services are not subject to the
OFCCP regulations.
Provisions in the VA Mission Act will help remove some of the
existing red tape that may prevent providers from being able to provide care to
veterans. The number of facilities able to serve veterans will increase
in most areas once qualified providers are able to enter into VA Provider
Agreements, broadening options for veterans who need both nursing center care
and home and community-based services. We know that many members are
eager to enter into VA provider agreements. VA staff estimates that it
will take at least a year to implement these agreements, pending the issuance
of regulations. AHCA will offer a webinar with officials from the VA in
the near future to provide members an opportunity to ask questions about how
these agreements might be structured. Once this webinar date and time is
finalized, we will send information to our members. In the meantime,
please contact Dana Halvorson , AHCA's Senior Director of Not for Profit
& Constituent Services with questions or comments you'd like to see
addressed on the webinar.
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