Va Hospital Staff: Safe From Government Shutdowns?

The Department of Veterans Affairs (VA) has stated that veterans will continue to have access to healthcare, benefits, and memorial services even in the event of a government shutdown. This includes medical care, burials, disability compensation, pensions, education, and housing assistance. However, VA regional offices would close, and some services such as career counseling and transition support would be affected. While VA employees who are emergency personnel are required to continue working during a shutdown, they may not receive pay until a federal budget is passed.

VA employees who are exempt from furlough

During a government shutdown, federal agencies decide which employees to furlough and which to keep on the job. Employees who are not funded through annual appropriations are exempt from unpaid leave if the government shuts down. The number of employees an agency furloughs during a government shutdown varies and depends on the agency's mission.

At the Veterans Affairs Department, most of the workforce stays on the job. The Veterans Benefits Administration (VBA) could see up to 7,550 employees furloughed, representing about a third of its 22,111 workforce. About 14,241 VBA employees are exempt from furlough because their work relates to processing and payment of compensation, pension, education, and vocational rehabilitation benefits. Another 2,100 employees who provide healthcare services at a jointly funded and staffed facility in North Chicago, Illinois, are also exempt from furlough as they are designated as critical for the protection of life and property.

The Board of Veterans Appeals, the Office of Information Technology, and the Office of the Inspector General (OIG) are also expected to furlough their staff. The Board of Veterans Appeals would see its entire staff of 678 furloughed, while the Office of Information Technology could furlough more than 3,500 of its approximately 7,900 employees. The OIG, which has been under fire from Congress for failing to protect whistleblowers, would furlough nearly 500 of its 690-staff department.

Despite the furloughs, the Department of Veterans Affairs (VA) is committed to delivering healthcare and benefits to Veterans, their families, caregivers, and survivors even in the event of a shutdown. Veteran healthcare will not be impacted, and VA Medical Centers, Outpatient Clinics, and Vet Centers will remain open. VA benefits, including compensation, pension, education, and housing benefits, will continue to be processed and delivered.

VA employees who are excepted and must work without pay

The Department of Veterans Affairs (VA) is committed to delivering uninterrupted healthcare and benefits to veterans, their families, caregivers, and survivors, even in the event of a government shutdown. While a government shutdown may impede the VA's outreach efforts, healthcare operations and patient care services will continue as normal.

In preparation for a potential government shutdown, the VA compiles a list of employees who are designated as "excepted" and expected to work during the shutdown. These employees are essential to ensuring the continuity of critical services provided by the VA. It is important to note that VA employees who are identified as "excepted" may experience disruptions in their compensation during a shutdown.

During a government shutdown, approximately 96% of VA employees are projected to be fully funded or required to perform excepted functions. This includes a significant majority of VHA employees, who are funded by advance appropriations, multi-year funding, or carryover funds. The specific positions and functions that fall under this category are determined through a comprehensive review process within the VA Administrations and Staff Offices (A/SO).

Among the VA employees who are expected to work during a shutdown, some specific groups and functions include:

• VHA medical and prosthetic research staff involved in protecting against imminent threats to life and property.
• Veterans Benefits Administration (VBA) staff responsible for various benefit functions, such as education benefit claims, insurance processing, loan guaranty programs, Veteran Readiness and Employment payment processing, compensation and pension claims, and decision review operations.
• National Cemetery Administration (NCA) staff who inter veterans and eligible family members, schedule burials, determine eligibility, and process applications.
• Employees responsible for maintaining open VA Medical Centers, Outpatient Clinics, and Vet Centers to provide uninterrupted healthcare services to veterans.

VA employees who will be furloughed

The Department of Veterans Affairs (VA) has stated that even in the event of a government shutdown, veterans will still be able to access their healthcare, benefits, and memorial services. This includes medical care, burials, disability compensation, pensions, education, and housing assistance.

However, the VA has also acknowledged that a government shutdown will impact its operations. VA regional offices will close, and some services such as career counseling, transition support, and cemetery maintenance will be affected. While the VA has not specified the exact number of employees who will be furloughed, it is estimated that out of the department's over 450,000 employees, approximately 15,620 will be furloughed in the event of a shutdown.

The VA has received advanced appropriations for health services from Congress each year since 2011, which has helped shield the department from the full impact of shutdowns. This allows the VA to continue providing critical medical care and other essential services to veterans. The Office of Information and Technology (OIT) will also maintain information technology support to the VHA, VBA, and other offices to ensure the continuation of essential functions.

While the VA works to minimize the impact on veterans and essential services, the furloughed employees will experience the direct effects of the shutdown, including a temporary loss of income.

Impact on VA employees' IT support

The Office of Information and Technology (OIT) will continue to provide direct and indirect IT support to the Veteran Health Administration (VHA), the Veterans Benefits Administration (VBA), the Board, and other offices. This includes network maintenance and protection, information security, data center operations, benefit processing, and enterprise infrastructure operations.

The OIT's functions will continue as necessary to support hospital functions, funded benefits programs, and to protect proprietary government systems. Administrative support to excepted functions, such as timekeeping, will also be maintained.

The Office of General Counsel (OGC) will also provide legal assistance and litigation support when reimbursements are funded by other-than-annual appropriations. They will also provide legal advice and services to senior VA leadership on excepted functions.

While the OIT and OGC will continue to provide critical IT and legal support functions, it is important to note that the impact of a government shutdown on VA employees can vary depending on specific roles and funding sources. Overall, the VA has stated that 96% of its employees would be fully funded or required to perform excepted functions during a shutdown.

VA employees' access to legal services

During a government shutdown, veterans will still be able to access healthcare, benefits, and memorial services from the Department of Veterans Affairs (VA). This includes patient care services and appointments at VA Medical Centers, Outpatient Clinics, and Vet Centers.

The VA provides legal services for veterans through the Legal Services for Veterans (LSV) program, which is a component of the Veterans Justice Programs (VJP) within the VHA Homeless Programs Office. The LSV program aims to increase access to legal services for eligible veterans, particularly those experiencing or at risk of homelessness, by awarding grant funds and promoting Medical Legal Partnerships and VA-affiliated legal clinics.

The VA has proposed a new grant program, the Legal Services for Veterans – Legal Assistance for Access to VA Programs (LSV-A) Grant Program, to fund entities that provide legal assistance to help veterans and former service members improve their military discharge status and increase access to VA programs and benefits.

Additionally, the VA Veterans Justice Outreach Specialist at VA Medical Centers can provide information about available legal clinics and other community legal assistance resources. Many legal service providers also offer free legal clinics in VA facilities, and there are several online resources for legal help, including www.statesidelegal.org, ABA Federal Free Legal Answers (http://vetlex.org), and Pro Bono Resources for Veterans.

While the VA provides legal services and resources for veterans, there have been reports of VA benefits employees facing restrictions on accessing the department's lawyers and speaking freely to them. This has raised concerns about the potential impact on veterans' access to benefits and smooth bureaucratic processes.

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