Veterans Healthcare Protection Act

The Veterans Healthcare Protection Act ensures that veterans impacted by federal VA staffing reductions continue to receive essential medical, mental health, and long-term care services. The Act establishes a state-funded Veteran Care Network, financed through a surcharge on private insurers, public funding, and private partnerships. It guarantees timely treatment for veterans placed on excessive VA waitlists and introduces accountability measures for healthcare providers. The Act also expands mental health crisis support and empowers veterans with legal recourse for wrongful denials of care.

Key Provisions

  • State Veterans Healthcare Fund: Financed by a 0.5% surcharge on private insurers, state budget allocations, and private grants.

  • Veteran Care Network (VCN): State-approved hospitals, clinics, and mental health providers offer care at VA reimbursement rates.

  • Eligibility for Care: Covers veterans losing VA access, on 30+ day waitlists, or in areas affected by staffing cuts.

  • Expanded Mental Health Support: 24/7 crisis hotline, suicide prevention programs, and 72-hour guaranteed care for at-risk veterans.

  • Right to Timely Treatment: Immediate state-funded care for veterans on excessive VA waitlists.

  • Anti-Discrimination Protections: No denials based on disability rating or length of service.

  • Provider Accountability: $100,000 fines per violation, suspension from the Veteran Care Network for wrongful denials.

  • Transparency Measures: Annual public report on VA staffing reductions and a public database of providers.

  1. Legal Recourse: Veterans can sue providers for wrongful denials, and the State Attorney General can sue the federal government over VA service reductions.

Model Language

Section 1. Short Title. This Act may be cited as the “Veterans Healthcare Protection Act.”

Section 2. Purpose. The purpose of this Act is to:

  1. Ensure veterans receive uninterrupted healthcare despite federal VA staffing cuts.

  2. Provide state-funded medical, mental health, and long-term care services for veterans who lose access to VA facilities.

  3. Create a state-funded Veteran Care Network to fill gaps in federal healthcare coverage.

  4. Hold state and federal leaders accountable for protecting veterans’ healthcare.

Section 3. Definitions. For purposes of this Act:

  • “Veteran” means any individual who has served in the United States Armed Forces, including the National Guard and Reserves, and has been discharged under conditions other than dishonorable.

  • “Veteran Care Network” refers to the state-run coalition of healthcare providers, hospitals, mental health professionals, and clinics authorized to provide services to veterans under this Act.

  • “VA” refers to the United States Department of Veterans Affairs.

  • “Federal VA Staff Reductions” refers to any reduction in VA-employed medical staff that results in a decrease in available veteran services in the state.

Section 4. State Veterans Healthcare Fund.

(a) Establishment of the Fund

  • A State Veterans Healthcare Fund (“Fund”) is created to finance medical and mental health services for veterans impacted by VA staffing cuts.

  • The Fund shall be administered by the State Department of Veterans Affairs in coordination with the State Health Department.

(b) Funding Sources The Fund shall be financed by:

  1. A 0.5% surcharge on private health insurers operating in the state that benefit from veterans shifting to non-VA healthcare.

  2. Annual state budget allocations specifically earmarked for veteran healthcare.

  3. Public-private partnerships and grants from healthcare providers, veteran service organizations, and charitable foundations.

  4. Penalties collected from healthcare providers found to have wrongfully denied veterans’ access to care.

Section 5. Veteran Care Network

(a) Creation of the Network. The Veteran Care Network (“VCN”) shall consist of state-approved hospitals, clinics, and medical providers who agree to provide healthcare services to veterans under the terms of this Act.

(b) Eligibility. Veterans are eligible for state-covered services if they:

  1. Were receiving VA healthcare before staffing cuts reduced their access; OR

  2. Have been placed on a VA healthcare waitlist exceeding 30 days; OR

  3. Reside in an area where VA staffing reductions have led to service unavailability.

(c) Covered Services. The Veteran Care Network shall provide:

  1. Primary and preventive care

  2. Specialist visits and surgical procedures

  3. Mental health services, including PTSD treatment and suicide prevention programs

  4. Prescription drug coverage for veterans losing VA medication access

  5. Long-term care services for elderly and disabled veterans

(d) Provider Reimbursement. Participating providers will be reimbursed at VA rates through the State Veterans Healthcare Fund.


Section 6. Mental Health Crisis Support for Veterans.

(a) Veteran Mental Health Expansion. The state shall expand veteran-focused mental health programs to fill gaps created by VA reductions, including:

  1. 24/7 crisis hotline staffing expansion

  2. Increased PTSD and substance abuse treatment capacity

  3. Dedicated funding for veteran-focused mental health professionals

(b) Emergency Suicide Prevention Measures

  • Veterans at risk of suicide who lose access to VA mental health services shall be automatically enrolled in state crisis support programs.

  • State mental health providers must provide care within 72 hours of veteran request for services.

Section 7. Protections for Veterans Seeking Care

(a) Right to Timely Treatment

  • No veteran shall be denied or delayed healthcare services due to administrative burdens resulting from VA staffing reductions.

  • Any veteran placed on a VA waitlist exceeding 30 days shall be eligible for immediate state-provided care.

(b) Anti-Discrimination Clause

  • Healthcare providers receiving state funds must treat all eligible veterans, regardless of discharge status, disability rating, or length of service.

(c) Accountability Measures. Any provider in the Veteran Care Network found denying or delaying treatment to eligible veterans shall be subject to:

  1. Fines up to $100,000 per violation

  2. Suspension from the Veteran Care Network

  3. Mandatory corrective action plans

Section 8. Transparency & Accountability

(a) Annual Veterans Healthcare Report. The State Department of Veterans Affairs shall submit an annual report to the Governor and State Legislature detailing:

  1. Number of veterans receiving state-funded care

  2. Impact of VA staffing cuts on state veteran health services

  3. Utilization rates of mental health and crisis support programs

  4. Funding expenditures and budget recommendations

(b) Public Database of Veteran Care Providers. The state shall maintain an online, publicly accessible database of all providers participating in the Veteran Care Network.

Section 9. Legal Recourse for Veterans

(a) State Lawsuit Authority

  • The State Attorney General is authorized to file lawsuits against the federal government for failure to uphold veteran healthcare obligations.

  • Legal action may be pursued if VA staffing cuts disproportionately harm state residents or violate federal commitments to veterans.

(b) Veteran Right to Sue for Care Denial

  • Any veteran improperly denied care due to VA staff reductions may file a state lawsuit against responsible healthcare entities.

  • Courts may award damages, legal costs, and injunctive relief to veterans affected by wrongful denials.

Section 10. Effective Date & Sunset Review.

(a) Effective Date. This Act shall take effect immediately upon passage.

(b) Five-Year Review.  The State Legislature shall conduct a five-year review to evaluate effectiveness and make necessary amendments.

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