Schumer Reveals: Despite 2006 Law Forcing VA to Cover Full Costs of Nursing Home Health Care for Severely Injured LI Vets, VA Has Not Paid Up, Costs Vets Tens of Thousands of Dollars a Year

Press Release

SCHUMER REVEALS: DESPITE 2006 LAW FORCING VA TO COVER FULL COSTS OF NURSING HOME HEALTH CARE FOR SEVERELY INJURED LI VETS, VA HAS NOT PAID UP, COSTS VETS TENS OF THOUSANDS OF DOLLARS A YEAR

Over 4,800 Veterans on Long Island Would be Eligible Under 2006 Law

Law Passed in 2006 Improves Reimbursement Rates for Vets With 70% Disability Rating Who Receive Care in a VA State Home but VA Has Yet to Implement This Law Forcing Vets to Pay Sky-high Costs Out of Pocket

Joined by Local LI Vets Who Have Needlessly Shelled Out Tens of Thousands of Dollars Over the Last

Today, United States Senator Charles E. Schumer announced he is pushing for the U.S. Department of Veterans Affairs (VA) to implement and follow a law that was passed in 2006. The Veterans Benefits, Health Care, and Information Technology Act of 2006 increases the per diem rate to State Veterans Homes in order to provide greater access to nursing home care for veterans 70% or more service connected disabled. On Long Island alone, there are over 4,800 veterans who are 70% or higher service connected disabled and are eligible for full reimbursement by the VA. Despite enactment of the law in December of 2006, the VA has yet to implement a critically important provision to disabled veterans, thus costing veterans thousands of dollars a year in health care costs. Veterans at Long Island State Veterans home at Stony Brook University have reported having to hand over their social security payments and pension just to pay these bills. Schumer announced today that he will call on the new Secretary of Veterans Affairs, General Eric Shinseki, to urge swift implementation of this law. VA staff has indicated to Senator Schumer's office that the regulations are undergoing the Office of Management and Budget review process.

"When men and women risk their lives overseas to serve and protect America, it is unconscionable that America would then leave them drowning in health care costs," Schumer said. "These men and women represent the best of America, and they absolutely deserve and are owed access to high quality care. The fact that this law was passed in 2006 and has yet to help one single veteran is simply unacceptable and I hope the VA hears our calls today to right this wrong and help these brave Americans."

At the Long Island State Veterans Home at Stony Brook University, a total of eight veterans, including two who have now passed, have paid over $230,000 for skilled nursing care since the law was passed in 2006. A new resident, who is paying for nursing care out of pocket, will pay over $91,000 for his skilled nursing care over the course of one year. On Long Island alone, there are 1,258 veterans who have a 70% disability rating, 830 with an 80% disability rating, 407 with a 90% disability rating, and 2,364 with a 100% disability rating. In total, 4,859 veterans on Long Island are eligible for the reimbursement program that has yet to be implemented.

In 2006, Congress enacted legislation requiring the Department of Veterans Affairs (VA) to increase the per diem rate payment rate to state veterans' homes for care provided to certain veterans with 70 percent or greater service-connected disabilities. Section 211 of The Veterans Benefits, Health Care, and Information Technology Act of 2006, required the VA to issue implementing regulations which, to date, have not been finalized. In November of 2008, two years after the law's enactment, a proposed rule to help veterans was published in the federal register, but never finalized, leaving veterans at homes like LI State Veterans Home at Stony Brook on the hook for cost of nursing home care. Due to the VA's failure to finalize these regulations, state veterans nursing home facilities and, in some cases, veterans themselves are footing the bill for care that they would receive for free if they were in a VA-run facility. In many states, veterans have had to use their limited income to pay for care as they wait for the regulations to be issued. It has been nearly two years since this bill became law and the VA has not yet issued the necessary regulations.

Currently, the VA pays $74.42 to the LI State Veterans Home per day for the care of these veterans. Section 211 would require that the VA increase the rate to LI state veterans homes in return for high quality care. Under the proposed November 2008 regulation, the VA will pay a per diem to the LI State Veterans Home of $349.66 per day for the cost of providing nurse home care to eligible veterans in a facility recognized by the VA as meeting the new quality standards set forth in these regulations. This provision was supposed to become effective 90 days after the date of the enactment of The Veterans Benefits, Health Care, and Information Technology Act of 2006.

"Since Congress passed this law back in December of 2006, we have had three different Secretaries of the Veterans Administration. I have been dismayed that VA Secretary James Nicholson and VA Secretary Dr. James Peake have been unable to enact this important piece of legislation on behalf of our 70% service connected disabled veterans," stated Fred S. Sganga, Executive Director of the Long Island State Veterans Home at Stony Brook University. "It is my hope that newly appointed VA Secretary Eric Shinseki will make this one of his top priorities early in his tenure."

In February 2008, Senators Schumer, Inhofe (R-OK), Wyden (D-OR), Stabenow (D-MI), Webb (D-VA), Rockefeller (D-WV), Murray (D-WA), Levin (D-MI), Conrad (D-ND), Akaka (D-HI), Feingold (D-WI) and former Senators Clinton (D-NY) and Sununu (R-NH) wrote a letter to the Secretary of Veterans Affairs asking that regulations implementing the provision be issued 30 days from the day the request was sent. Unfortunately, the 30 days came and went without any action by the VA. As of today, there has been no action on the part of the VA.

The Long Island State Veterans Home at Stony Brook University is a 350 bed skilled nursing facility that also operates a 50-registrant medical model Adult Day Health Care program. Operated under the auspices of the Health Sciences Center of Stony Brook University, the LI State Veterans Home is one of a few nursing homes in the country that is fully integrated into the health and educational mission of an academic medical center. Since opening its doors in October 1991, the Long Island State Veterans Home has provided care to more than 3,000 of Long Island's veterans.

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