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This Issue Brief outlines a loophole in the Social Security Act of 1935 that prohibits the Veterans’ Health Administration (VHA) from billing Medicare for health care and services provided to veterans through the VA healthcare system. With the 1997 introduction of privately-administered Medicare Part C and its expansion and introduction of Part D in 2003, taxpayers can be obligated to pay twice for some health care provided to veterans who are dually-enrolled in VHA health benefits and in Medicare Advantage (MA) and Medicare Advantage Prescription Drug (MAPD) plans under Part C and/or prescription drug plans offered by third-party prescription drug plan (PDP) sponsors under Part D. The Brief also explores a possible solution to address this duplicative payment through the “Guarantee Utilization of All Reimbursements for Delivery of (GUARD) Veterans’ Health Care Act,” which would close the statutory loophole and make funds available to the Veterans Health Administration (VHA) for more quality healthcare to those who have served.
- Download and read the issue brief here
August 7, 2025 – Bridget Schilling, CMA Legal Intern and Georgetown University Law Center J.D. Candidate (2026)