Fritz, I wish I could have exchange insurance to pay for things the VA may not cover, but from what i have read you cant get it (with subsidy) and we cant aford it without the subsidy. They have the following info about emergency care outside the VA system. I agree with you it may be a crap shoot getting them to pay, but there is a process. If my spouse and I could both have ACA policies that would be great, but I read you could not get (with subsidy) if you have other approved coverage like VA coverage. Maybe someone has more information.
Sorry this is so long, I copied it to my computer, and don't have the web link
How to Obtain Coverage of Emergency Care for Veterans in Non-VA Facilities
The U.S. Department of Veterans Affairs (VA) has the authority to pay for emergency healthcare provided to veterans in non-VA facilities. The VA will pay for emergency care provided in a non-VA facility if the VA “authorizes” such care shortly after the care is provided, or, for “unauthorized” care, if certain conditions are met.
(1) Payment of Authorized Services: The VA should grant authorization when (i) the careprovided in the non-VA facility was for a medical emergency that posed a serious threat to your life or health, and (ii) a VA facility was “not feasibly available, ” considering how far you would have had to travel and the urgency of your medical condition.
** Request Authorization within 72 hours of Admission **
Whenever possible, you should request authorization from the VA within 72 hours after admission to the non-VA facility (even if you have already been discharged). To request authorization, call the Fee Basis Department of the local VA medical center. Keep detailed notes of the telephone request, and send a follow up letter to the VA.
If a request for authorization is made within 72 hours of admission and approved, that authorization will be considered a “prior authorization.” If a request is made after 72 hours and
approved, that authorization will only cover expenses incurred after the request was made.
(2) Payment of Unauthorized Services: Even if you did not get authorization, the VA can pay for, or reimburse the cost of, emergency services provided in a non-VA facility. The rules and
timeframes for payment of “unauthorized” services are different depending on whether the care was for a service-connected or non-service-connected disability.
** Request Payment within 90 Days of Discharge **
If the emergency care was for a non-service-connected disability, you have to request payment or reimbursement within 90 days of discharge from the non-VA facility. To request payment, call the Fee Basis Department of the local VA medical center or 1-877-222-VETS. A VA representative will help you gather and submit any documents needed. If the emergency care was for a service-connected disability, you have to request payment within 2 years from the date the care was provided.
Certain conditions must be met for the VA to pay for unauthorized medical care in a non-VA facility (see 38 CFR § 17.120 & 38 CFR § 17.1002). A VA Fee Basis representative can explain these conditions to you.
** Request both methods of payment! When you are admitted into the non-VA facility, request authorization. If authorization is denied or unclear, then request payment of unauthorized services once you are discharged from the facility.
Appeal Rights: If your claim for payment of authorized or unauthorized medical services is denied by the VA, you have the right to appeal this decision.
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At some time in your life, you may need emergency care. This document explains what VA might be able to do for you. When it is not possible for you to go to a VA Medical Center, you should go to the nearest hospital that has an emergency room. If you are in an ambulance, the paramedics will usually take you to the closest emergency room.
What is an emergency?
A medical emergency is an injury or illness that is so severe that without immediate treatment, it threatens your life or health.
How do I know my situation is an emergency?
Your situation is an emergency if you believe your life or health is in danger.
If I believe my life or health is in danger, do I need to call the VA before I call for an ambulance or go to an emergency room?
No. Call 911 or go to the nearest emergency room right away.
When should I contact the VA regarding an emergency room visit?
You, your family, friends or hospital staff should contact the nearest VA medical center as soon as possible, preferably within 72 hours of your emergency, so you are better aware of what services VA may or may not cover. Provide VA with information about your emergency and what services are being provided to you. Ask VA for guidance on what emergency charges may or may not be covered so you can plan accordingly.
If the doctor then wants to admit me to the hospital, must I obtain advance approval from the VA?
If the admission is an emergency–NO, although prompt notification of the VA is necessary.
If the admission is not an emergency–YES
If a VA bed is available and I can be safely transferred, do I have to move to the VA hospital?
YES. If you want VA to continue to pay for your care. If you refuse to be transferred, VA will not pay for any further care.
If I am admitted to the hospital as a result of an emergency, how much will VA pay?
This depends on your VA eligibility. VA may pay all, some, or none of the charges. Some highlights are listed in the next column.
For service-connected conditions, here are some of the criteria that must be met:
1. Care or services were provided in a medical emergency, and
2. VA or another federal facility were not feasibly available, and
3. VA was notified within 72 hours of the admission.
4. Ask your local VA Medical Center’s Non-VA (Fee) Care Office for further eligibility guidance.
For non-service-connected conditions, here are some of the criteria that must be met:
1. Veteran is enrolled in the VA Health Care System, and
2. Veteran has received health care services from VA within the previous 24 months, and
3. Veteran has no other health insurance coverage.
4. Ask your local VA Medical Center’s Non-VA (Fee) Care Office for further eligibility guidance.
How do I know if I have a service-connected condition?
A service-connected condition refers to an illness or injury that was incurred in or aggravated by military service and has a rating assigned by the Veterans Benefits Administration.
How long do I have to file a claim for reimbursement for emergency medical care?
File your claim with the nearest VA Medical Center quickly because time limits usually apply. For non-service-connected care, the time limit is 90 days. Again, consult your local VA Medical Center for more information.
Will VA pay for emergency care received outside the United States?
VA will only pay for emergency care outside the U.S. if your emergency is related to a service-connected condition. For more information about care provided outside the U.S., contact the Foreign Medical Program (FMP) at
(877) 345-8179, or go to the FMP website at:
http://www. va.gov/hac/forbeneficiaries/fmp
For more information on non-VA emergency care, visit
National Non-VA Care Program Office
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VA Implements Medicare Payment Rates for non-VA Care
December 23, 2010—The Department of Veterans Affairs (VA) published in the Dec. 17 Federal Register a final rule implementing Medicare payment rates for inpatient and outpatient care for veterans that is provided outside of the VA system. Under the new rule, all non-VA inpatient and outpatient health care professional services and associated charges will now be reimbursed based on the applicable Medicare payment methodology (Medicare fee schedule or prospective payment system). The rule is effective Feb. 15, 2011.
The change will apply to charges associated with a range of services outside of the VA including clinical lab services, outpatient dialysis/ESRD services, Ambulatory Surgery Center charges, and hospital outpatient department and ER charges. For the time being, however, the new payment system will not apply to home health or hospice care. In response to comments, the VA has clarified that that this rule does not preclude providers from contracting with the VA for higher or lower rates. In such situations, providers will be reimbursed based on the negotiated contract rates, rather than the Medicare rates.
The rule also does not negate any existing contacts, such as multi-Veterans Integrate Service Network (VISN) contracts or contracts based on the Federal Acquisition Regulation (FAR) or the VA Acquisition Regulation (VAAR). In the absence of a negotiated contract rate, the VA will pay a provider the lowest of either the Medicare rate, the amount negotiated by a repricing agent, or the amount the provider charges the general public for the same service. In cases where no established Medicare rate exists, reimbursement will be based on the current VA Fee Schedule. The rule also further forbids providers from billing veterans an additional amount on top of what providers collect from the VA.
Implementation of the Medicare payment rates is expected to aid the VA with cost containment by controlling expenditures and making care costs more predictable. The rule notes that the VA does not believe switching to this system will adversely impact access to care.
Contact: Ivy Baer, J.D.
Sr. Director and Regulatory Counsel Telephone: 202-828-0499 E-mail:
ibaer@aamc.org
Abeba Habtemarian, J.D.
Legal Fellow, Health Care Affairs Telephone: 202-828-6675 E-mail:
ahabtemariam@aamc.org