IVHSP pushes VA to fix cross-state therapy rules for veterans

By AI, Created 4:43 AM UTC, May 19, 2026, /AGP/ – The Institute for Veterans Health & Social Policy is asking the VA and Congress to close a licensing gap that can interrupt mental health care when veterans move across state lines. The group says the fix would align community-care therapists with existing federal portability rules already used in other military health programs.

Why it matters: - The petition targets a rule that can break continuity of care for veterans who move, travel or live across state lines. - IVHSP says the gap creates unequal access between VA-employed therapists and community-care therapists serving veterans through the Veterans Community Care Program. - The group links the issue to suicide risk, veteran homelessness and the transition from active duty to civilian life.

What happened: - The Institute for Veterans Health & Social Policy released a working paper and filed a Petition for Rulemaking with the U.S. Department of Veterans Affairs on May 13, 2026. - IVHSP also sent parallel letters to the Senate and House Veterans’ Affairs Committees. - The petition asks VA to amend 38 C.F.R. § 17.417 so community-care mental health professionals can follow veterans across state lines. - The request also urges Congress to add a technical amendment to the Veterans’ ACCESS Act, S. 275 / H.R. 740.

The details: - IVHSP says current rules let VA-employed therapists continue treating a veteran across state lines, but block the same continuity for community-care therapists. - The working paper, Crossing Lines: Jurisdictional Barriers, Therapeutic Disruption, and the Case for Federal Preemption in Veteran Mental Health Care, argues that state-based licensure rules create a “dual-pathway failure loop.” - IVHSP identifies two failure modes: relocation failure, which ends an existing therapy relationship when a veteran moves, and continuous mobility failure, which prevents a legally viable provider relationship from forming. - The paper cites long-haul truckers, veterans experiencing homelessness, seasonal workers, full-time RV travelers and dual-status National Guard members as examples of affected groups. - IVHSP says VA already operates 18 regional networks that span multiple states and routinely assigns specialty care across state lines. - The petition asks VA to start notice-and-comment rulemaking within 180 days. - The proposed framework would require a valid state license, a § 1703 or § 1703A contract, and federal safety and disciplinary protections. - Interstate licensure compacts, including PSYPACT, the Counseling Compact and the Social Work Licensure Compact, would continue to operate separately. - The petition seeks no new spending, no expanded reimbursement and no change to clinical standards. - The only regulatory change requested is removal of 38 C.F.R. § 17.417(b)(2)(iii). - The companion letters ask Congress to consider the same fix in S. 275 / H.R. 740. - IVHSP says the working paper and petition are available at the organization’s website and on SSRN at the full paper.

Between the lines: - The argument is less about expanding benefits than about making federal mental health policy internally consistent. - IVHSP is pointing to a mismatch between how the government treats care delivered through different federal programs, even for the same veteran. - The group says Congress has already approved similar cross-state flexibility twice, which gives the petition a legislative precedent. - The policy push frames licensure as a structural barrier rather than a provider shortage problem.

What’s next: - VA could decide whether to move forward with rulemaking after receiving the petition. - Congress could fold the same fix into the Veterans’ ACCESS Act if lawmakers act on the pending bills. - IVHSP says the issue will continue to affect mobile veterans until the rule changes.