This Act establishes new deadlines and waiver authorities for the VA to collect copayments from veterans when billing notification is delayed due to VA error.
Lloyd Smucker
Representative
PA-11
The VA Billing Accountability Act establishes new deadlines and procedures for the Department of Veterans Affairs (VA) to notify veterans about copayments for medical care and services. If the VA fails to notify a veteran within specified timeframes (180 days for VA care or 18 months for non-VA care), the bill restricts the VA's ability to collect that payment. The Act also grants the VA Secretary temporary authority to waive copayments resulting from VA billing errors.
Here’s the deal with the VA Billing Accountability Act: it’s a policy cleanup effort aimed squarely at fixing one of the most frustrating administrative headaches for veterans—getting hit with a surprise medical bill months, or even years, after receiving care. Essentially, this bill puts the VA on a short leash when it comes to notifying veterans about required healthcare copayments.
Under this new legislation, the Department of Veterans Affairs must now notify a veteran of a required copayment for care received at a VA facility within 180 days of that service. If the care was provided at a non-VA facility (like through the community care program), the VA gets a little more time—18 months—to send the notification. If the VA misses these deadlines, they can’t just collect the payment, even through a third party, until they first provide the veteran with information on how to apply for a waiver or set up a payment plan. This is a huge shift, effectively putting the burden of timely paperwork back on the agency, not the veteran.
Think about your own bills. Imagine getting a letter today for a doctor’s visit you had last August, or even a year and a half ago. It’s disruptive, stressful, and makes budgeting impossible. This is the problem the VA Billing Accountability Act is trying to solve. By setting hard deadlines—180 days for VA care and 18 months for non-VA care—the bill creates a procedural shield for veterans.
The bill specifically states that if the Secretary misses the 180-day deadline for VA facility care, they cannot collect the payment unless they first provide the veteran with information about existing waivers (under section 1710(f)(3)(G) or 1722A(c) of title 38, U.S.C.) and information on how to establish a payment plan. This is the bill’s teeth: it forces the VA to pause collection efforts and prioritize helping the veteran manage the debt through existing relief options, rather than immediately sending them to collections.
For a two-year period following the enactment of this Act, the Secretary of Veterans Affairs is also granted specific authority to waive copayments entirely if the delay in notification was caused by an error from the VA or its employees. This applies if the veteran received the bill notification more than 180 days after receiving the care or medication. This two-year window is a crucial, temporary measure designed to clear the backlog of delayed bills and provide immediate relief to veterans who are currently being chased for old debts that were the VA’s fault.
For the VA itself, this bill isn’t just about being nicer; it’s about fixing the plumbing. The legislation requires the Secretary to review all cases where these waivers are issued to figure out why the notifications were late and to improve internal controls and procedures within 180 days of the Act’s enactment. This is an administrative mandate to address the root cause of the billing chaos.
While this bill is a clear win for veterans seeking timely and transparent billing, it’s important to note the fine print: the new notification and collection restriction procedures cease to be effective two years after the Act is enacted. This means the hard deadlines and the collection restrictions are a temporary measure. The hope is likely that the VA will have fixed its internal systems during this two-year period, but if not, veterans could find themselves back in the same administrative loop after the sunset clause hits. For now, however, the message is clear: if you are a veteran receiving care, the VA can no longer surprise you with a bill from a year ago without first offering you a path to manage or waive that debt.