Veterans Healing Veterans Medical Access and Scholarship Program

Citation84 FR 61548
Record Number2019-24503
Published date13 November 2019
SectionRules and Regulations
CourtVeterans Affairs Department
Federal Register, Volume 84 Issue 219 (Wednesday, November 13, 2019)
[Federal Register Volume 84, Number 219 (Wednesday, November 13, 2019)]
                [Rules and Regulations]
                [Pages 61548-61552]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-24503]
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                DEPARTMENT OF VETERANS AFFAIRS
                38 CFR Part 17
                RIN 2900-AQ54
                Veterans Healing Veterans Medical Access and Scholarship Program
                AGENCY: Department of Veterans Affairs.
                ACTION: Final rule.
                -----------------------------------------------------------------------
                SUMMARY: The Department of Veterans Affairs (VA) is amending its
                regulations that govern scholarships to certain health care
                professionals. This rulemaking implements the mandates of the VA
                MISSION Act of 2018 by establishing a pilot program to provide funding
                for the medical education of eligible veterans who are enrolled in
                covered medical schools.
                DATES: This final rule is effective December 13, 2019.
                FOR FURTHER INFORMATION CONTACT: Marjorie A. Bowman, MD, Chief Academic
                Affiliations Officer, Office of Academic Affiliations (10X1), U.S.
                Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC
                20420, (202) 461-9490. (This is not a toll-free number.)
                SUPPLEMENTARY INFORMATION: In a document published in the Federal
                Register on May 21, 2019, VA published a proposed rule, which proposed
                to amend its regulations that govern scholarships to certain health
                care professionals. 84 FR 22990. VA provided a 60-day comment period,
                which ended on July 22, 2019. We received 7 comments on the proposed
                rule.
                 On June 6, 2018, section 304 of Public Law 115-182, the John S.
                McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining
                Internal Systems and Strengthening Integrated Outside Networks Act of
                2018, or the VA MISSION Act of 2018, established a pilot program that
                would provide funding for medical education to 18 eligible veterans who
                enroll in covered medical schools. This is known as the Veterans
                Healing Veterans Medical Access and Scholarship Program (VHVMASP). For
                the VHVMASP, the VA MISSION Act of 2018 sets forth the eligibility
                criteria; the amount and types of available funding; established terms
                of an agreement to be entered into by the participant; as well as, the
                consequences for a breach in such agreement. This final rule
                establishes the regulations needed to carry out the VHVMASP.
                Immediately following title 38 of the Code of Federal Regulations (CFR)
                17.612, we are adding a new undesignated center heading titled
                ``Veterans Healing Veterans Medical Access and Scholarship Program''
                and add new Sec. Sec. 17.613 through 17.618.
                 One commenter was in support of the proposed rule. The commenter
                stated that they commend the proposition of a program that allows those
                who have fought so selflessly for our country the opportunity to better
                themselves through education and then turn around and give back to
                fellow veterans. The commenter believes that the rule will not only be
                immensely powerful for the veterans that are able to have their medical
                education funded, but also for the large number of veterans that they
                will be able to help. We make no changes based on this comment.
                 Multiple commenters recommended that the program include more
                universities. In particular, a commenter stated that they understand
                that the pilot program is in its infancy, but recommends that more
                universities be included and more scholarships be granted as the
                program grows and progresses. Another commenter similarly stated that
                there needs to be more schools where the VHVMASP is provided since
                there is not even one covered school in every state that has a VA
                medical facility. This same commenter also stated that this is an
                amazing idea and maybe some other types of schooling should be included
                in the VHVMASP, such as law school and drug and alcohol training for
                counseling, as this is a big area of issues for veterans. Another
                commenter also stated that the program should not be limited to these
                six schools, but should be allowed to be available at any accredited
                medical school, for example, Harvard, Wisconsin, or the University of
                California at San Francisco. VA understands that the VHVMASP is
                limited. Section 304 of the VA MISSION Act of 2018 limits the VHVMASP
                to the nine covered medical schools and to provide funding specifically
                for medical education. VA does not have the authority to expand the
                program to additional medical schools or to expand the program to
                degrees that do not lead to a medical education. We are not making any
                changes based on these comments.
                 Multiple commenters also raised concerns about the limitation that
                a veteran is only eligible if discharged within the past ten years. A
                commenter questioned why the proposed rule stated that the veterans
                need to have only been out of the military for no more than ten years.
                Another commenter suggested that VA should reconsider and drop the
                within ten-year requirement because this requirement serves veterans to
                no benefit except to limit and disqualify a number of veterans who
                would be interested in this program. This commenter stated that the
                program is already extremely limited because it is a pilot program and
                that there also seems to be no obvious benefit to VA except cutting out
                applicants for no good reason. The commenter added that if the
                limitation targeted older veterans less likely to complete the program
                it might be justifiable, but a requirement of having to have served
                within ten years does not target the age of the applicant. Also, an
                applicant could have been any age when retiring or being discharged
                from service. Lastly, the commenter stated that the limitation does not
                seem justified and should be reconsidered or VA should consider adding
                exceptions to this portion of the rule. Another commenter similarly
                stated that narrowing this program down to only veterans who have been
                out of the armed forces for a period of no less than ten years is a
                disservice to thousands of veterans. Several commenters stated that the
                current proposal allows a veteran out of the military for four years
                with a general discharge (or perhaps even a bad conduct discharge) to
                be eligible for this scholarship while a veteran with an honorable
                discharge who has been working as a nurse for ten years and wishes to
                take advantage of this program and go to medical school would not be
                eligible. The commenters indicated that at a minimum, there should be
                an exception to the ten-year rule for honorably discharged veterans or
                veterans should not be allowed to count time using the GI Bill or
                Vocational Rehabilitation against them (i.e.: if a veteran has been out
                of the military for 12 years but five years of that was spent using GI
                Bill or Vocational Rehabilitation, for this program VA should allow the
                veteran to subtract those five years from the 12). A commenter added
                that given that this scholarship is limited to two students per school,
                there is no burden to
                [[Page 61549]]
                removing the ten-year requirement, VA saves no money capping it out at
                ten-years. A commenter stated that the ten-year limitation should be
                extended to at least 15 years. The commenter indicated that someone who
                leaves the military at 24 could be engaged in graduate education at 39
                and contribute to a supply of veteran physicians.
                 VA acknowledges that the VHVMASP has limitations, however, VA does
                not have the authority to amend the selection criteria for the VHVMASP.
                Section 304 of the VA MISSION Act of 2018 sets out the eligibility
                criteria for veterans to be eligible to receive the VHVMASP. The first
                criterion is that the veteran shall have been discharged from the Armed
                Forces not more than 10 years before the date of application for
                admission to a covered medical school. VA does not have the authority
                to amend this criterion. Also, section 211(b)(7) of the Department of
                Veterans Affairs Expiring Authorities Act of 2018 clarified that a
                veteran may not concurrently receive educational assistance under
                chapter 30, 31, 32, 33, 34, or 35 of title 38 United States Code or
                chapter 1606 or 1607 of title 10 United States Code at the time the
                veteran would be receiving VHVMASP funding. VA would not count time
                using the GI Bill or Vocational Rehabilitation against funding received
                for the VHVMASP, but the veteran would not be able to receive VHVMASP
                funding if such veteran is concurrently receiving other types of
                educational assistance. We are not making any changes based on these
                comments.
                 Another commenter stated that the ten-year limit should be dropped.
                The commenter added that three years would help ease the process for
                the program so that the veteran doesn't have to wait ten years and so
                the program can function properly with the rotation of veterans in
                need. The ten-year limitation is the maximum allowable time after a
                veteran is discharged from service to be eligible to apply for the
                VHVMASP. The veteran does not have to wait ten years to apply for the
                program after they have left military service. We are not making any
                changes based on this comment.
                 A commenter stated that the proposed rule was not clear with
                respect to the period of obligated service. For instance, would a
                participating veteran work for VA upon graduation, would such
                employment be full time, will the veteran receive benefits, and good
                pay. VA disagrees that the rule is not clear regarding the period of
                obligated service. Section 304(d)(1)(E) of the VA MISSION Act of 2018,
                states that each eligible veteran who accepts funding for medical
                education under this section shall enter into an agreement with the
                Secretary that provides that the veteran agree to serve as a full-time
                clinical practice employee in the Veterans Health Administration for a
                period of four years, after completion of medical school and post-
                graduate training. We stated this requirement in proposed Sec.
                17.617(a)(4). We also stated in Sec. 17.617(b)(1) that an eligible
                veteran's obligated service will begin on the date on which the
                eligible veteran begins full-time permanent employment with VA as a
                clinical practice employee. As a full-time permanent VA employee, the
                participant will receive pay as well as be entitled to any other
                benefit afforded to full-time clinical VA employees. We are not making
                any changes based on this comment.
                 Another commenter suggested that VA include the cost of the United
                States Medical Licensing Examination, Step 1 and Step 2 exams, as part
                of the covered costs for the participants of the VHVMASP. The commenter
                also recommended that VA clarify in the final rule that the monthly
                stipend will be adjusted for inflation. VA has various other
                scholarship programs and would like to administer the programs as
                consistently as possible. Under VA's current programs, such as the
                Employee Incentive Scholarship Program, exams and certifications are
                not authorized expenses. As an example, students pursuing a nursing
                degree do not get reimbursed to take the National Council Licensure
                Exam (NCLEC). Also, the current Health Professional Scholarship Program
                (HPS) program does not pay for licensures or boards for other
                disciplines. VA will pay a monthly stipend directly to VHVMASP
                participants. The payment will be made for each month a participant is
                enrolled in coursework, beginning with the first month of the school
                year. The stipend will be adjusted annually based on the approved Cost
                of Living Allowance (COLA) increase. We are not making any changes
                based on this comment.
                 A commenter stated that in 2018, 351 American Medical College
                Application Service (AMCAS) applicants selected ``veteran'' for
                military status on their AMCAS application, and 175 applicants selected
                ``active duty.'' The commenter urged VA to clarify whether the VHVMASP
                is only applicable to the entering class of 2020 or whether it will be
                extended in future years. The commenter added that given the VA's
                physician workforce shortages, they would support the extension of this
                program indefinitely and its expansion to additional medical schools.
                VA understands the commenter's concern, however, section 304(b)(3) of
                the VA MISSION Act 2018, as amended by section 211(b)(7) of the
                Department of Veterans Affairs Expiring Authorities Act of 2018,
                specified that the VHVMASP would only be for the entering class of
                2020. In addition, VA has other scholarship programs that are available
                for individuals who are enrolled in education courses that lead to
                degrees in various health care professions, such as the HPSP, the
                Visual Impairment and Orientation and Mobility Professional Scholarship
                Program, and the Employee Incentive Scholarship Program. VA may award
                these other scholarships to veterans who meet the eligibility criteria
                for these other scholarship programs. We are not making any changes
                based on this comment.
                 A commenter was concerned that VA would not afford some flexibility
                for participants who fail to meet the terms of the acceptance agreement
                due to extenuating circumstances, such as life events, or other
                academic pursuits, that may require participants to take a leave of
                absence. This same commenter similarly requested that extenuating
                circumstances also be considered when VA recoups funds from
                participants who breach their agreement and must pay the amount owed
                within one year of such breach. Another commenter suggested that the
                requirement for repayment of any liability for failure to complete the
                program should be extended to at least five years rather than one year
                and should consider the possibility of a return to the educational
                track, i.e. someone might have to drop out for a year or two, but then
                be able to resume their medical education. VA takes into account a
                participant's extenuating circumstances when recouping funds. A
                participant may seek a waiver or suspension of the service or financial
                liability incurred under this program or agreement by written request
                to the Under Secretary for Health setting forth the basis,
                circumstances, and causes which support the requested action. We are
                clarifying the regulation text based on this comment by adding a new
                paragraph Sec. 17.618(c) to state that the Under Secretary for Health,
                or designee, may waive or suspend any service or financial liability
                incurred by a participant whenever compliance by the participant is
                impossible, due to circumstances beyond the control of the participant,
                or whenever the Under Secretary for Health, or designee, concludes that
                a waiver or suspension of compliance is in the VA's best interest.
                 A commenter stated that the proposed rule outlines the terms of the
                agreement,
                [[Page 61550]]
                which includes completing post-graduate training leading to eligibility
                for board certification in a physician specialty applicable to VA. The
                commenter asks VA to clarify the definition of a physician specialty
                applicable to the VA. VA currently has many vacancies for physicians. A
                physician specialty applicable to VA is one which is focused on the
                diagnosis and treatment of healthcare conditions potentially
                experienced by veterans. Participants of the VHVMASP would fill these
                much-needed vacancies as part of the participant's obligated service.
                This language is also found in section 304 (d)(1)(C) of the VA MISSION
                Act of 2018. We are not making any changes based on this comment.
                 A commenter indicated that the proposed rule states that eligible
                veterans must ensure the State licenses are obtained in a minimal
                amount of time following completion of residency, or fellowship, if the
                veteran is enrolled in a fellowship program approved by the VA. The
                commenter requests that VA clarify whether participants will be
                required to enter a VA residency program to complete their training and
                comply with VHVMASP agreements. A participant will not be required to
                enter a VA residency program because, in general, VA does not have its
                own residency programs. VA will rely on graduate medical education
                (GME) programs accredited by the Accreditation Council for Graduate
                Medical Education (ACGME) or American Osteopathic Association (AOA) and
                sponsored by academic affiliates to meet the participant's residency
                requirement. We are not making any changes based on this comment.
                 We made minor technical edits to the numbering in Sec. 17.614. The
                edits consist of adding numbering to the individual statements in the
                definition of acceptable level of academic standing. We have also
                renumbered the definition of covered medical school. No other edits to
                the content of these paragraphs was made.
                 We clarified the definition of VHVMASP by adding the public law
                number for the VA MISSION Act of 2018. The amended definition of
                VHVMASP is the Veterans Healing Veterans Medical Access and Scholarship
                Program authorized by section 304 of the VA MISSION Act of 2018, Public
                Law 115-182.
                 Based on the rationale set forth in the Supplementary Information
                to the proposed rule and in this final rule, VA is adopting the
                proposed rule with the edits described in this rulemaking.
                Effect of Rulemaking
                 The Code of Federal Regulations, as revised by this final
                rulemaking, will represent the exclusive legal authority on this
                subject. No contrary rules or procedures would be authorized. All VA
                guidance would be read to conform with this final rulemaking if
                possible or, if not possible, such guidance would be superseded by this
                rulemaking.
                Paperwork Reduction Act
                 The Paperwork Reduction Act of 1995 (44 U.S.C. 3507) requires that
                VA consider the impact of paperwork and other information collection
                burdens imposed on the public. Under 44 U.S.C. 3507(a), an agency may
                not collect or sponsor the collection of information, nor may it impose
                an information collection requirement unless it displays a currently
                valid Office of Management and Budget (OMB) control number. This final
                rule contains provisions constituting a new collection of information,
                at 38 CFR 17.617 and will be included under OMB Control #2900-0793 for
                approval and submitted under a separate PRA process as explained below.
                The provisions in this final rule, under 38 CFR 17.617, would require
                eligible veterans to sign and submit an agreement between VA and the
                eligible veteran who accepts funding for the VHVMASP. This provision
                would result in a new information collected burden under OMB control
                #2900-0793. The notice of proposed rulemaking (NPRM) preceding and
                associated with this final rule, published on May 19, 2019 (84 FR
                22990). In that NPRM, VA detailed the new information collection burden
                associated with the provisions under 38 CFR 17.617 in the PRA section
                of the preamble. However, the associated PRA package was not submitted
                to OMB for approval due to another VA NPRM also requiring a revised
                information collection under the same approved OMB Control # 2900-0793.
                Despite this discrepancy published in the NPRM and in accordance with
                44 U.S.C. 3507(d), VA submitted the new and revised information
                collection requests (ICRs) to OMB through a separate PRA process via
                ROCIS and sought public comment through a Federal Register Notice
                document (84 FR 42991). These separate ICRs are in the final review
                stage with OMB.
                Regulatory Flexibility Act
                 The Secretary hereby certifies that this final rule will not have a
                significant economic impact on a substantial number of small entities
                as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
                612. The provisions associated with this rulemaking are not processed
                by any other entities outside of VA. Therefore, pursuant to 5 U.S.C.
                605(b), this rulemaking would be exempt from the initial and final
                regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604.
                Executive Orders 12866, 13563 and 13771
                 Executive Orders 12866 and 13563 direct agencies to assess the
                costs and benefits of available regulatory alternatives and, when
                regulation is necessary, to select regulatory approaches that maximize
                net benefits (including potential economic, environmental, public
                health and safety effects, and other advantages; distributive impacts;
                and equity). Executive Order 13563 (Improving Regulation and Regulatory
                Review) emphasizes the importance of quantifying both costs and
                benefits, reducing costs, harmonizing rules, and promoting flexibility.
                The Office of Information and Regulatory Affairs has determined that
                this rule is not a significant regulatory action under Executive Order
                12866. VA's impact analysis can be found as a supporting document at
                http://www.regulations.gov, usually within 48 hours after the
                rulemaking document is published. Additionally, a copy of the
                rulemaking and its impact analysis are available on VA's website at
                http://www.va.gov/orpm by following the link for VA Regulations
                Published from FY 2004 through FYTD.
                 This final rule is not expected to be an E.O. 13771 regulatory
                action because this final rule is not significant under E.O. 12866.
                Unfunded Mandates
                 The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
                1532, that agencies prepare an assessment of anticipated costs and
                benefits before issuing any rule that may result in the expenditure by
                State, local, and tribal governments, in the aggregate, or by the
                private sector, of $100 million or more (adjusted annually for
                inflation) in any one year. This final rule will have no such effect on
                State, local, and tribal governments, or on the private sector.
                Congressional Review Act
                 Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
                the Office of Information and Regulatory Affairs designated this rule
                as not a major rule, as defined by 5 U.S.C. 804(2).
                [[Page 61551]]
                Catalog of Federal Domestic Assistance
                 There are no Catalog of Federal Domestic Assistance numbers and
                titles for this rule.
                List of Subjects in 38 CFR Part 17
                 Administrative practice and procedure, Alcohol abuse, Alcoholism,
                Claims, Day care, Dental health, Drug abuse, Foreign relations,
                Government contracts, Grant programs--health, Grant programs--veterans,
                Health care, Health facilities, Health professions, Health records,
                Homeless, Medical and dental schools, Medical devices, Medical
                research, Mental health programs, Nursing homes, Philippines, Reporting
                and recordkeeping requirements, Scholarships and fellowships, Travel
                and transportation expenses, Veterans.
                Signing Authority
                 The Secretary of Veterans Affairs approved this document and
                authorized the undersigned to sign and submit the document to the
                Office of the Federal Register for publication electronically as an
                official document of the Department of Veterans Affairs. Pamela Powers,
                Chief of Staff, Department of Veterans Affairs, approved this document
                on November 5, 2019, for publication.
                Michael P. Shores,
                Director, Office of Regulation Policy & Management, Office of the
                Secretary, Department of Veterans Affairs.
                 For the reasons set forth in the preamble, we are amending 38 CFR
                part 17 as follows:
                PART 17--MEDICAL
                0
                1. The authority citation for part 17 is amended by adding an entry for
                Sec. Sec. 17.613 through 17.618 in numerical order to read in part as
                follows:
                 Authority: 38 U.S.C. 501, and as noted in specific sections.
                * * * * *
                 Sections 17.613 through 17.618 are also issued under Pub. L.
                115-182, sec. 304.
                * * * * *
                0
                2. Add an undesignated center heading and Sec. Sec. 17.613 through
                17.618 to read as follows.
                Veterans Healing Veterans Medical Access and Scholarship Program
                17.613 Purpose.
                17.614 Definitions.
                17.615 Eligibility.
                17.616 Award procedures.
                17.617 Agreement and obligated service.
                17.618 Failure to comply with terms and conditions of agreement.
                Veterans Healing Veterans Medical Access and Scholarship Program
                Sec. 17.613 Purpose.
                 The purpose of Sec. Sec. 17.613 through 17.618 is to establish the
                requirement for the Veterans Healing Veterans Medical Access and
                Scholarship Program (VHVMASP). The VHVMASP will provide funding for the
                medical education of two eligible veterans from each covered medical
                school.
                Sec. 17.614 Definitions.
                 The following definitions apply to Sec. Sec. 17.613 through
                17.618.
                 Acceptable level of academic standing means:
                 (1) Maintaining a cumulative grade point average at or above
                passing, as determined by the medical school;
                 (2) Completing all required courses with a passing grade;
                 (3) Successfully completing the required course of study for
                graduation within four academic years;
                 (4) Successfully passing the required United States Medical
                Licensing Examinations steps 1 and 2, within the timeframe for
                graduation from medical school; and
                 (5) Having no final determinations of unprofessional conduct or
                behavior.
                 Covered medical school means any of the following:
                 (1) Texas A&M College of Medicine.
                 (2) Quillen College of Medicine at East Tennessee State University.
                 (3) Boonshoft School of Medicine at Wright State University.
                 (4) Joan C. Edwards School of Medicine at Marshall University.
                 (5) University of South Carolina School of Medicine.
                 (6) Charles R. Drew University of Medicine and Science.
                 (7) Howard University College of Medicine.
                 (8) Meharry Medical College.
                 (9) Morehouse School of Medicine.
                 VA means the Department of Veterans Affairs.
                 VHVMASP means the Veterans Healing Veterans Medical Access and
                Scholarship Program authorized by section 304 of the VA MISSION Act of
                2018, Public Law 115-182.
                Sec. 17.615 Eligibility.
                 A veteran is considered eligible to receive funding for the VHVMASP
                if such veteran meets the following criteria.
                 (a) Has been discharged or released, under conditions other than
                dishonorable, from the Armed Forces for not more than 10 years before
                the date of application for admission to a covered medical school;
                 (b) Is not concurrently receiving educational assistance under
                chapter 30, 31, 32, 33, 34, or 35 of title 38 United States Code or
                chapter 1606 or 1607 of title 10 United States Code at the time the
                veteran would be receiving VHVMASP funding;
                 (c) Applies for admission to a covered medical school for the
                entering class of 2020;
                 (d) Indicates on the application to the covered medical school that
                they would like to be considered for the VHVMASP;
                 (e) Meets the minimum admissions criteria for the covered medical
                school to which the eligible veteran applies; and
                 (f) Agrees to the terms stated in Sec. 17.617.
                Sec. 17.616 Award procedures.
                 (a) Distribution of funds. (1) Each covered medical school that
                opts to participate in the VHVMASP will reserve two seats in the
                entering class of 2020 for eligible veterans who receive funds for the
                VHVMASP. Funding will be awarded to two eligible veterans with the
                highest admissions ranking among veteran applicants for such entering
                class for each covered medical school.
                 (2) If two or more eligible veterans do not apply for admission at
                a covered medical school for the entering class of 2020, VA will
                distribute the available funding to eligible veterans who applied, and
                are accepted, for admission at other covered medical schools.
                 (b) Amount of funds. An eligible veteran will receive funding from
                the VHVMASP equal to the actual cost of the following:
                 (1) Tuition at the covered medical school for which the veteran
                enrolls for a period of not more than 4 years;
                 (2) Books, fees, and technical equipment;
                 (3) Fees associated with the National Residency Match Program;
                 (4) Two away rotations, performed during the fourth year of school,
                at a VA medical facility; and
                 (5) A monthly stipend for the four-year period during which the
                eligible veteran is enrolled in a covered medical school in an amount
                to be determined by VA.
                Sec. 17.617 Agreement and obligated service.
                 (a) Agreement. Each eligible veteran who accepts funds from the
                VHVMASP will enter into an agreement with VA where the eligible veteran
                agrees to the following:
                 (1) Maintain enrollment, attendance, and acceptable level of
                academic standing as defined by the covered medical school;
                 (2) Complete post-graduate training leading to eligibility for
                board
                [[Page 61552]]
                certification in a physician specialty applicable to VA;
                 (3) After completion of medical school and post-graduate training,
                obtain and maintain a license to practice medicine in a State. Eligible
                veterans must ensure that State licenses are obtained in a minimal
                amount of time following completion of residency, or fellowship, if the
                veteran is enrolled in a fellowship program approved by VA. If a
                participant fails to obtain his or her degree, or fails to become
                licensed in a State no later than 90 days after completion of
                residency, or fellowship, if applicable, the participant is considered
                to be in breach of the acceptance agreement; and
                 (4) Serve as a full-time clinical practice employee in VA for a
                period of four years.
                 (b) Obligated service--(1) General. An eligible veteran's obligated
                service will begin on the date on which the eligible veteran begins
                full-time permanent employment with VA as a clinical practice employee.
                VA will appoint the participant to such position as soon as possible,
                but no later than 90 days after the date that the participant completes
                residency, or fellowship, if applicable, or the date the participant
                becomes licensed in a State, whichever is later.
                 (2) Location and position of obligated service. VA reserves the
                right to make final decisions on the location and position of the
                obligated service.
                 (The Office of Management and Budget has approved the information
                collection requirements in this section under control number 2900-
                0793.)
                Sec. 17.618 Failure to comply with terms and conditions of
                agreement.
                 (a) Participant fails to satisfy terms of agreement. If an eligible
                veteran who accepts funding for the VHVMASP breaches the terms of the
                agreement stated in Sec. 17.617, the United States is entitled to
                recover damages in an amount equal to the total amount of VHVMASP
                funding received by the eligible veteran.
                 (b) Repayment period. The eligible veteran will pay the amount of
                damages that the United States is entitled to recover under this
                section in full to the United States no later than 1 year after the
                date of the breach of the agreement.
                 (c) Waivers. The Under Secretary for Health, or designee, may waive
                or suspend any service or financial liability incurred by a participant
                whenever compliance by the participant is impossible, due to
                circumstances beyond the control of the participant, or whenever the
                Under Secretary for Health, or designee, concludes that a waiver or
                suspension of compliance is in the VA's best interest.
                [FR Doc. 2019-24503 Filed 11-12-19; 8:45 am]
                BILLING CODE 8320-01-P
                

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