The
Departments of Veterans Affairs (VA) and Defense (DoD) have a shared
responsibility to ensure the highest quality of service is delivered
efficiently, compassionately, and with minimal inconvenience to our
Service Members in the DoD and VA Disability Evaluation System (DES).
The Service Member’s experience when participating in the DoD and
VA DES will be that the individual is dealing with one Federal health
care system or agency. To facilitate these goals, this Memorandum
of Agreement (MOA) establishes expected roles, procedures, and outcomes
for VA and DoD regarding the processing of Compensation and Pension
(C&P) disability examination requests. It also addresses the
reimbursement procedures for these examinations.
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1.
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Roles.
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A.
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VA
will:
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1)
Maintain those components of the VA Compensation and Pension examination
system necessary to ensure objective assessment of disabilities
of Service Members identified by Military Health System (MHS) personnel
as requiring a Medical Evaluation Board (MEB) as part of the DES.
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2)
Conduct C&P examinations as requested in the DES for both medical
conditions to be considered as the basis of fitness for duty determination,
and for those claimed by the Service Member.
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3)
Bill the MHS via the appropriate Regional TRICARE contractors, for
those services which are related to medical conditions to be considered
as the basis of fitness for duty determination.
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B.
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DoD
will:
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1)
Identify to VA those Service Members requiring a MEB, and the medical
conditions which may render a Service Member unable to fully perform
assigned duties or causes them to fall below Service medical retention
standards via completion of Section I of the VA Form 21-0819, VA/DoD
Joint Disability Evaluation Board Claim.
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2)
Reimburse VA for C&P services related to DoD-identified medical
conditions to be considered as the basis of evaluation for fitness
for duty. The services covered will include a C&P General Medical
Examination and other C&P examination services related to medical conditions
in Section I of the VA Form 21-0819. Additional conditions may be
found later in the DES process that may also be used for determination
of fitness. Authorization process for conditions identified in Section
I of VA Form 21-0819 is discussed in Attachment D.
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2.
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Procedures.
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A.
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A
DES program oversight contact (POC) will be appointed at each TRICARE
Regional Office (TRO), VA Regional Office (VARO), VA Medical Center/Facility
and Military Treatment Facility (MTF). The DES oversight official
duty may be a collateral duty.
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B.
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The
DoD DES health care provider will determine the conditions that
may render the Service Member unable to meet Service medical retention
standards or call into question the member’s ability to continue
military service. The DoD DES health care provider will annotate these
conditions in Section I of VA Form 21-0819 (Attachment A), under
“MEDICAL CONDITIONS TO BE CONSIDERED AS THE BASIS OF FITNESS FOR
DUTY DETERMINATION.”
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C.
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The
VA Military Services Coordinator (MSC) will coordinate with the
Service Member and identify any additional conditions the member
may wish to claim for purposes of VA compensation and/or pension.
The MSC will annotate these conditions in Section III, Field 8 of the
VA Form 21-0819, Additional Conditions. Upon completion of the VA
Form 21-0819, the VA MSC will provide the completed form to the
local VA medical center billing office.
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D.
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VA
will use the Compensation and Pension Record Interchange (CAPRI)
examination request system when possible to transmit data regarding
the request, scheduling, completion, and reporting of C&P examinations
so that VA and DoD will have notice of C&P examination data and
reports. VA and DoD will operate in a provider-to-provider relationship.
Transmission of data which cannot be accommodated in CAPRI, such
as photocopies of health care documentation, will be resolved on
a facility-to-facility basis. All examination requests entered into
CAPRI will, at a minimum:
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1)
State the examination is for a Service member in the DES.
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2)
Identify specific C&P examination(s) required.
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3)
Identify specific condition(s) to be evaluated in each C&P examination.
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E.
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VA
will report to the DoD MTF representative the C&P examinations
required by the Service Member for evaluation of conditions in Section
I of VA Form 21-0819. DoD will use the Military Health System referral
management system to transmit an authorization for the VA-reported C&P
services to the appropriate Regional TRICARE contractor as outlined
in Attachment B. The contractor will in turn transmit the authorization
to the appropriate VA medical facility billing office.
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F.
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Based
on findings at the time of the C&P examination and the instructions
on the requested Automated Medical Information Exchange (AMIE) worksheet,
the Service Member may need to undergo additional examinations.
VA will conduct C&P examinations and those other ancillary services
needed to complete the C&P examinations for the DES.
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G.
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DoD
and VA will promote the use of approved templates to provide the
requested information.
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H.
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Selected
examinations may be conducted using telemedicine technology (a telephonic contact
with the Service Member and/or video contact with the Service Member)
when clinically and administratively appropriate.
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I.
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Billing.
VA will bill the appropriate regional TRICARE contractor for C&P
examination health services related to medical conditions identified
in VA Form 21-0819, section I. VA Billing Procedures are contained
in Attachment B. Electronic billing is desired and should be used when
practical.
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J.
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Reimbursement.
MHS (TRICARE) will reimburse VA for a C&P General Medical Examination, examinations
provided for evaluation of medical conditions identified in VA Form
21-0819, Section I, and ancillary services.
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K.
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VA
and DoD, working cooperatively, will make every effort to process
claims and resolve issues identified by the other agency in a timely
manner. If VA and DoD cannot resolve the issue, it will be forwarded
to the Health Executive Committee (HEC) Financial Management Workgroup
for final resolution.
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3.
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Outcomes.
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A.
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Complete
C&P examination reports will be available in CAPRI and the Bidirectional
Health Information Exchange (BHIE). On average, these reports will
be provided by VA and if available, in CAPRI/BHIE, 35 calendar days
from the date VA registers as received a properly completed request
for examination(s). Complete C&P examination reports include
all necessary laboratory and ancillary test results. The C&P
examination reports will, at a minimum:
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1)
Provide the required information from the requested AMIE worksheet(s)
and the additional exams identified during the initially ordered
C&P examinations.
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2)
Provide data that will meet DoD/VA DES requirements as documented
in the C&P disability examination worksheets, provide results
of any additional examinations identified later in the DES process,
and adequately address any matters identified in the request for
a medical opinion.
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B.
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Reports.
The following reports will be based on the claims submitted to the
appropriate Regional TRICARE contractor during the reporting time.
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1)
On a monthly basis, VA Compensation and Pension Examination Program
(CPEP) will prepare C&P timeliness reports listing facility
processing times. The C&P timeliness reports will be posted/shared
with the MHS and TRO program officials.
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2)
On a quarterly basis VA will produce a data file of examinations
and services provided to Service Members in the DES whose exams
have been completed by VA. The file will be shared with the MHS
and TRO program officials.
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4.
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Accountability
and Funding:
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A.
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VA
will submit a bill to MHS through the TRICARE Managed Care Support
(MCS) contracts. VA will bill for C&P examinations and ancillary
services associated with the medical conditions which may render
a Service Member unable to fully perform assigned duties and/or
are to be considered as the basis of fitness for duty determination
as listed in Section I of the VA Form 21-0819.
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B.
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Neither
VA nor DoD will bill the Service Member for these C&P examinations
and ancillary services as all examinations and services rendered
in the DES are authorized and provided by either DoD or VA.
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C.
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At
the present time, the Current Procedural Terminology (CPT) code
99456 does not have a CHAMPUS Maximum Allowable (CMAC) rate. DoD
will pay VA the national reasonable charges amount for each exam
for CPT code 99456. Ancillary services will be reimbursed based
on CMAC less ten percent. Upon agreement of the HEC Financial Management
Working Group, and with a minimum two-month advance notification
to the contractors, billing procedures may be changed effective
annually, on or about 1 January.
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D.
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VA
and DoD will audit services provided and billed quarterly to ensure
all C&P examinations and services for which DoD paid were for
conditions annotated in Section I of VA Form 21-0819.
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E.
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C&P
examinations and services for conditions claimed in Section III
of VA Form 21-0819 will be funded by VA appropriations.
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5.
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Effective
Date, Terms of Modification and Termination:
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A.
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This
agreement provides a framework for VA facilities and MTFs to develop
local agreements that will address more specific information on
operations to implement this program. All local agreements addressing
the DoDNA DES shall refer to this MOA.
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B.
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Requests
for modification of this agreement will be submitted in writing
from one party to the other, not less than 60 days prior to the
desired effective date of such modification.
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C.
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An
annual review of this agreement, including rate structure, will
be conducted by both parties to ensure compliance with each Departments’
policies.
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D.
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This
agreement will be renewed automatically on its anniversary date
unless either party gives a written 90-day notice of termination
or a new agreement is implemented. The provisions are in effect
until it is superseded by a new MOA or terminated.
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E.
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The
provisions of this agreement are effective 30 days from the date
both approving signatures have been affixed.
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6.
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Authority: This
MOA is entered into under the authority of titles 10 and 38, United
States Code (USC), including sections 513 and 8111 of title 38 and
chapters 55 and 61 of title 10.
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7.
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Associated
Memoranda of Understandings (MOU): A separate MOU exists
and must be consulted regarding processing of Benefits Delivery
at Discharge (BDD) exams.
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8.
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Approvals:
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Department
of Veterans Affairs
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Department
of Defense
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Attachments:
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A)
B)
C)
D)
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VA
Form 21-0819
VA Billing
Guidance
CMS -1500 Example
DoD Referral Guidance
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ATTACHMENT
A: VA Form 21-0819 (June 2009)
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