Code of Federal Regulations · Section
§ 17.4130 — Discontinuation Of Veterans Care Agreements
38 C.F.R. § 17.4130
(a) Discontinuation of the agreement by the entity or provider requires a written notice of request to discontinue, in accordance with the terms of the Veterans Care Agreement and the following notice requirements:
(1) Written notice must be received by VA at least 45 calendar days before the discontinuation date and must specify the discontinuation date; and
(2) Such notice must be delivered to the designated VA official to which such notice must be submitted under the terms of the Veterans Care Agreement, and the notice and delivery must comply with all terms of the Veterans Care Agreement.
(b) (1) Discontinuation of the agreement by VA requires a written notice of discontinuation to the entity or provider in accordance with the terms of the Veterans Care Agreement and the following notice standards:
(i) Written notice of discontinuation will be issued at least 45 calendar days before the discontinuation date, except as provided in subparagraph (ii).
(ii) Notice may be issued fewer than 45 calendar days before the discontinuation date, including notice that is effective immediately upon issuance, when VA determines such abbreviated or immediate notice is necessary to protect the health of covered individuals or when such abbreviated or immediate notice is permitted under the terms of the Veterans Care Agreement.
(2) Notice will be delivered to the entity or provider in accordance with the terms of the Veterans Care Agreement.
(3) VA may discontinue a Veterans Care Agreement for the following reasons:
(i) If VA determines the entity or provider failed to comply substantially with the provisions of 38 U.S.C. 1703A or 38 CFR 17.4100-17.4135
(ii) If VA determines the entity or provider failed to comply substantially with the provisions, terms, or conditions of the Veterans Care Agreement;
(iii) If VA determines the entity or provider is excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)) under section 1128 or 1128A of such Act (42 U.S.C. 1320a-7 and 1320a-7a), or is identified as an excluded source on the System for Award Management Exclusions list described in part 9 of title 48, Code of Federal Regulations, and part 180 of title 2 of such Code, or successor regulations;
(iv) If VA ascertains that the entity or provider has been convicted of a felony or other serious offense under federal or state law and determines that discontinuation of the Veterans Care Agreement would be in the best interest of a covered individual or VA; or
(v) If VA determines it is reasonable to discontinue the Veterans Care Agreement based on the health care needs of a covered individual.
Authorizing Statute
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Rules and regulations38 U.S.C. § 501
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Medical care for survivors and dependents of certain veterans38 U.S.C. § 1781
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Definitions38 U.S.C. § 1701
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Definitions38 U.S.C. § 101
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Assistance for providing automobile and adaptive equipment38 U.S.C. § 3902
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Clothing allowance38 U.S.C. § 1162
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Eligibility for hospital, nursing home, and domiciliary care38 U.S.C. § 1710
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Community residential care38 U.S.C. § 1730
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Agreements with eligible entities or providers; certification processes38 U.S.C. § 1703A
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Contracts and personal services38 U.S.C. § 513
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Definitions38 U.S.C. § 3901
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Establishment38 U.S.C. § 7691
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Care and services during certain disasters and emergencies38 U.S.C. § 1785
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Benefits for discharged members of allied forces38 U.S.C. § 109
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Emergent suicide care38 U.S.C. § 1720J
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Recovery by United States42 U.S.C. § 2651
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Transplant procedures with live donors and related services38 U.S.C. § 1788
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Access to walk-in care38 U.S.C. § 1725A
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Assistance and support services for caregivers38 U.S.C. § 1720G
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Functions of Veterans Health Administration: in general38 U.S.C. § 7301
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Medicaid and CHIP Payment and Access Commission42 U.S.C. § 1396
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Regulations38 U.S.C. § 7304
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Requirement for program38 U.S.C. § 7698
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Hospital care, medical services, and nursing home care abroad38 U.S.C. § 1724
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Veterans Community Care Program38 U.S.C. § 1703
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Center for Innovation for Care and Payment38 U.S.C. § 1703E