Legal Meets Practical: Accessible Solutions

Bills to Fix Broken VA Move On to Senate

In response to the scandal which rocked the Department of Veterans Affairs (VA) last year, which included several scathing Inspector General reports regarding wait times, the firings of several high-ranking employees, and the resignation of Secretary Erik Shinseki, two bills designed to reform the broken VA passed the U.S. House of Representatives on March 2, 2015.

The Long-Term Care Veteran Choice Act will give veterans the ability to transfer to a non-VA medical foster home for long-term health care needs instead of staying in a VA facility. This, however, is met with scrutiny from many veterans service organizations, especially the American Legion, which has been vocal about  opposing privatization or vouchering out of VA care as a long-term solution. This comes on the heels of a veterans Choice Card, which was established last year to allow veterans facing long wait times or a long drive to a VA facility to go to a private provider.

The second bill will allow the VA Secretary to force senior executives to repay bonuses, a safeguard against the current practice which rewards bonuses despite gross incompetence. The VA paid more than $380,000 in cash bonuses in 2013 to top executives at 38 hospitals that are under investigation for falsifying wait times or where there have been excessive delays in patient care

H.R. 280 would require notifying affected employees before they had to repay the money, and would give them an opportunity for a hearing conducted by the Secretary. But the Secretary’s decision would be final and not subject to review by “any other agency or any court,” according to the text of the bill. The idea is to give the VA chief another tool to punish those engaged in misconduct – in this instance by allowing the department to rescind bonuses those employees have received.

But the legislation does not specify criteria that would be grounds for ordering a repayment, giving the Secretary broad discretion. Also, note that it only applies to those at an executive level – it won’t apply to the vast percentage of VA employees.

If Secretary McDonald wants to make people forget about the unfortunate statement he made last January, implementing this accordingly would be a good way to do so. It would also be wonderful if he could actually fire those individuals responsible, but we all know what kind of red tape that presents. (General rule of thumb regarding government employment: unless you light something on fire, you can’t get fired).

The bills are now before the Senate. Stay tuned for updates.

Did you find this article informative? If so, sign up for Sarah Schauerte’s legal blog on veterans issues at legalmeetspractical.com. Make sure to click the link sent to your email to activate your subscription!

One Response to “Bills to Fix Broken VA Move On to Senate”

  1. Yeah!

Mission Statement

My mission is to provide accessible, high-quality legal services to small business owners and to veterans. I will strive to clearly communicate, understand objectives, and formulate and execute effective legal solutions.

Disclaimer

No Attorney-Client Relationship

This website is maintained exclusively for informational purposes. It is not intended to provide legal or other professional advice and does not necessarily represent the opinions of the lawyer or her clients. Viewing this site, using information from it, or communicating with Sarah Schauerte through this site by email does not create an attorney-client relationship.

Non-Reliance

Online readers should not act nor decline to act, based on content from this site, without first consulting an attorney or other appropriate professional. Because the law changes frequently, this website's content may not indicate the current state of the law. Nothing on this site is meant to predict or guarantee future results. I am not liable for the use or interpretation of information contained on this website, and expressly disclaim all liability for any actions you take or fail to take, based on this website's content.

Links

I do not necessarily endorse and am not responsible for content accessed through this website's links to other Internet resources. Correctness and adequacy of information on those sites is not guaranteed, and unless otherwise stated, I am not associated with such linked sites.

Contacting Me

You may email me through the email address provided by this site, but information you send through email or this website is not secure and may not be confidential. Communications will not be treated as privileged unless I already represent you. Do not send confidential information until you have established a formal attorney-client relationship with me. Even if I represent you, please understand that email security is still uncertain and that you accept all risks of such uncertainty and potential lack of confidentiality when you send us unencrypted, sensitive, or confidential email. Email from me never constitutes an electronic signature, unless it expressly says so.