I am sure, as all veterans are, quite disturbed about the 2006 co-pay increase. You will remember, as in 2001, and now in 2005, there are procedures not now being followed, as applied in the 2001 Veterans Millennium Health Care and Benefits Act.

The rules in the implementation and setting forth the co-pay increase from $2 to $7, published 12/6/01, as stated in the Federal Register , .. Compliance with the Congressional Review Act and Executive Order 12866, “This Rule is economically significant under Executive Order 12866 and constitutes a major rule under the Congressional Review Act. The Rule is necessary to implement the provisions of Section 201 of Public Law 106-117, The Veterans Millennium Health Care and Benefits Act. These provisions which are set forth at 38 USC 1722a, authorize VA to set the co-payment charge for medications.”

Title 38 USC 501. Authority and Duties of the Secretary” Rules and Regulations.
(A) The Secretary has authority to prescribe the Rules and Regulations which are necessary or appropriate to carry out the laws administered by the Department and are consistent with the laws, including…
(1) Regulation with respect to the nature and extent of proof and evidence and the method of taking and forwarding them in order to establish the right to benefits under such laws;
(b) any rule, regulation, guideline, or other published interpretation or order (and any amendment thereto) issued pursuant to the authority granted by this section or any other provision of this title shall contain citations to the particular section or sections of the statutory law or other legal authority upon which such issuance is based.
(c) in applying section 552(a)(1) of Title 5 to the Department, the Secretary shall ensure that subparagraphs (c), (d), and (e) of that section are complied with…

Title 5 USC 552
(a) each agency shall make available to the public information as follows…
(1) each agency shall separately state and correctly publish in the Federal register for the guidance of the public..
(c) rules of procedure, description of forms available or the places by which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
(d) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretation of general applicability formulated and adopted by the agency; and
(e) each amendment, revision or repeal of the foregoing.

Public Law 106-117, as referred to in 2001, describes a “limited authority to set co-payments”. (a) <<NOTE: 38 USC 101 note>> Short Title.--This Act be cited as the “Veterans Millennium Health Care and Benefits Act.” Sec. 201 Medical Care Collections
(A) Limited authority to set co-payments.
(B) The Secretary, pursuant to regulations which the Secretary shall prescribe, may
(1) increase the co-payment amount in effect under subsection (a) and.
(2) establish a maximum monthly and maximum annual pharmaceutical co-payment amount…

Leaving the question.., limited, meaning exactly what? Meaning,… not so fast! As part of any oversight of this limited authority, and the Executive Order 12866 policy followed, in increasing co-pay cost in 2001, the laws mentioned herein, applied then, as I see it, still apply, in the Secretary’s Nicholson’s zeal to increase veterans’ medication co-pay costs. Public Law 106-117 describes, a limited authority, pursuant to regulations, which the Secretary shall set down, or prescribe, as a direction, or rule to be followed.

The Federal Register website does not list any reference to this proposed 2006 increase.

All the while, the VA violation of 38 USC 1722a is presently before the Board of Veterans Appeals, who refuse to docket advance my claim, violating their own criteria. All the while, veterans are being over-charged, and will be facing, another insult, this VA co-pay increase for medication starting January 2006.