Jon Tester

09/06/2024 | Press release | Archived content

Following Tester Efforts, VA Moves to Avoid Potential Reduction in Air and Ground Transportation Services in Mon...

VA delays rule until 2029 that could have resulted in severe reductions in access to emergency ground and air transportation services across rural America

Following sustained efforts from U.S. Senator Jon Tester to protect rural veterans' access to lifesaving emergency medical transportation services, the Department of Veterans Affairs is delaying a rule to change reimbursement rates for special mode transportation, including air and ground ambulances, until 2029. This delay will give VA more time to work with stakeholders and Congress to implement the rule in a way that would ensure access and availability of emergency transportation to veterans and civilians, especially in rural America.

"Emergency air and ground transportation services in Montana and rural America can be the difference between life and death," said Tester, Chairman of the Senate Veterans' Affairs Committee. "VA's rushed roll-out of its rate change for these services could have been the final straw for providers serving rural America, and I'm glad to see VA answering our call to fix this issue. VA still has a lot more work to do, and I'll continue pushing my VA Emergency Transportation Access Act to ensure VA gets this rule right for veterans and anyone who calls rural America home."

Despite significant opposition from Tester, transportation providers, and Veteran Service Organizations, VA's rule was initially set to go into effect in February 2024. Pushing back on this hasty timeline that would have had negative consequences for rural America, Tester successfully secured an amendment to the 2024 government funding bill to delay it from going into effect. VA initially responded to this pressure by delaying the effective date until February 2025.

Now, VA is committing to delaying the rule's effective date until February 2029, which would give the Department more time to work with providers to ensure the rule will not negatively impact their services and ability to serve veterans, especially those in rural and hard-to-reach areas. The previous implementation timeline of rate reductions could have resulted in emergency transportation providers severely reducing services, closing bases, or even billing veterans for the remainder of their costs in order to shoulder the financial impacts of this change.

Since day one, Tester has led the bipartisan charge to push back on the Biden Administration's proposed rule change and to protect Montana veterans' access to emergency medical transportation services. In September 2022, he wrote to VA Secretary Denis McDonough to express his concerns with VA's rule, and in February of this year, he called on the Secretary again to delay this rule. This September, he introduced the bipartisan VA Emergency Transportation Access Act to bar VA from reducing rates of pay and reimbursement for special mode transportation providers, including ground and air ambulances, unless the Department meets certain requirements that ensure rate changes will not reduce veterans' access to this essential service. The Senator also secured the bipartisan amendment to prohibit VA from implementing this rule in fiscal year 2024 to the 2024 government funding bill.

Tester's efforts have been applauded by emergency medical service leaders in Montana and across the nation. Last year, the Senator was also awarded Legislator of the Year by the American Ambulance Association for his work to push back on VA's rule.

"This delay is great news for veterans across rural America and for our ambulance services in Montana, including Great Falls Emergency Services (GFES) in Great Falls, Montana," said Justin Grohs, Great Falls Emergency Services (GFES) General Manager. "We are grateful for Senator Tester's unrelenting efforts to protect veterans and civilians' access to ambulance services across rural America as Chairman of the Senate Veterans' Affairs Committee, and thank him for always pushing VA to do what's right for Montana veterans."

"On behalf of the Montana Ambulance Association, we thank Senators Tester and Moran for their work to protect ambulance services across Montana and rural America," said Don Whalen, President of the Montana Ambulance Association (MTAA). "Montana has many ambulance services that proudly transport veterans long distance, and this decision is critical to making sure VA can maintain a predictable and sustainable reimbursement structure going forward. It's important VA uses this time to prevent any potential reduction in services, and we will continue to rely on Senators Tester and Moran's advocacy to ensure this."

"We are grateful to the VA for their decision to postpone implementation of its rule changing rates VA pays for Special Modes of Transportation until 2029. This delay will allow time for us to work together on a permanent solution while ensuring Veterans maintain access to this critical, life-saving emergency services," stated Ben Clayton, Chief Executive Officer of Life Flight Network. "This delay would not have happened without the efforts of Senator Tester, and we extend our sincerest thanks for his leadership and advocacy on this important issue. We look forward to continuing to collaborate with the Department of Veterans Affairs as we work toward our common goal of providing the highest standard of care to our nation's veterans."

"Senators Tester and Moran have been unwavering in their work on behalf of Veterans and rural Americans, and it is due in no small part to their leadership that access to lifesaving services has been preserved," said JaeLynn Williams, Chief Executive Officer of Air Methods. "This important decision affirms the vital role emergency air medical services play in the health and safety of millions of Americans. We look forward to continuing our work with U.S. Department of Veterans Affairs, Senator Tester, Senator Moran, and other congressional leaders to develop a long-term solution that ensures no one is left without the emergency care they need during a medical or mental health crisis."