VA CAREGIVERS – Interim Final Rule

VA has submitted to the Office of Management and Budget (OMB) an Interim Final Rule (IFR) to speed the federal rulemaking process to implement certain provisions of Public Law 111-163, the Caregivers and Veterans Omnibus Health Services Act of 2010 that was signed by President Obama on May 5, 2010.   

Below, for your information, is a fact sheet concerning the interim rule process.

SUMMARY

VA has submitted to the Office of Management and Budget (OMB) an Interim Final Rule (IFR) to speed the federal rulemaking process to implement certain provisions of Public Law 111-163, the Caregivers and Veterans Omnibus Health Services Act of 2010 that was signed by President Obama on May 5, 2010.   

The Law directs the Department of Veterans Affairs (VA) to provide an extensive range of new support services and benefits to caregivers of eligible Veterans and Service members seriously injured in the line of duty on or after September 11, 2001 (Post 9/11). These benefits and services are in addition to those currently available at VA to all enrolled Veterans and their caregivers. As part of the legal process, VA must issue regulations in order to implement these new authorities.

Following OMB review and approval, the IFR will be effective immediately upon its publication in the Federal Register with an opportunity for public comment after its issuance.  We believe that with this accelerated procedure, these unprecedented new direct-to-caregiver benefits can be fully in place as early as this summer.

Again, while this rulemaking process is necessary for certain unprecedented direct-to-caregiver benefits (including stipend and health care coverage benefits), other benefits are currently available to caregivers of enrolled Veterans of all eras. These benefits provide all caregivers with enhanced support services such a toll-free Caregiver Support Line, education and training, access to online information and resources, counseling and support groups, respite care, and referrals to other VA and community resources.

QUESTIONS and ANSWERS

What is an interim final rule? 
An interim final rule is an expedited change in federal regulations that goes into effect before the public has had an opportunity to comment.  Public comments are requested upon publication of the interim final rule, and the comments are addressed in the final rule that is published at a later date.

How long will it take?

• Public comment period begins when the interim final rule is published, which is tentatively scheduled for May 1.
• Following the application process and requisite training for eligible Caregivers, direct-to-caregiver benefits for Post 9/11 seriously injured Veterans should become operational this summer.

When can people provide public comment on the Caregivers and Veterans Omnibus Health Service Act 2010?

• Public comment period begins when the interim final rule is published, which is tentatively scheduled for May 1.
• The public comment period will be available for 60 days after the interim final rule is published.

How do I submit my public comment?
Written comments may be submitted by email through http://www.regulations.gov; by mail or hand-delivery to Director, Regulations Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue., N.W., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026.  Comments should indicate that they are submitted in response to “RIN 2900-AN94, Caregivers Program.”