Copayment Exemption for Indian Veterans (AR48) - Documentation of Indian or Urban Indian Status

On January 5, 2021, the President signed into law the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (the “Act”). Public Law (Pub. L.) 116-315. Section 3002 of the Act amended section 1730A to add a copayment exemption for veterans who are either Indian or urban Indian, as those terms are defined in section 4 of the Indian Health Care Improvement Act. Section 4 is codified at 25 U.S.C. 1603, and the definitions for Indian and urban Indian are located in paragraphs 13 and 28, respectively, of section 1603. This rulemaking revises several VA regulations concerning copayment exemptions to be consistent with the amendment made to 38 U.S.C. 1730A by section 3002 of the Act. To demonstrate that a veteran meets the definition of Indian or urban Indian, as defined in 25 U.S.C. 1603(13) and (28), the veteran must submit appropriate documentation to VA. New form 10-334 was created by VA to be used as a cover sheet for submission of this documentation. The documents submitted by individual veterans will be reviewed by VHA staff for the purposes of establishing copay exemption, in accordance with the statute. VA will determine if a veteran meets the definition of Indian or urban Indian as defined in 25 U.S.C. 1603(13) and (28) and qualifies for an exemption from the copayment for certain health care.

The latest form for Copayment Exemption for Indian Veterans (AR48) - Documentation of Indian or Urban Indian Status expires 2026-04-30 and can be found here.