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Compliance

Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

I. PURPOSE AND HISTORY

The Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 chiefly adds to and modifies chapters of the U.S. Code’s Title 38, Veterans’ Benefits. Among its directives, the Act expands the oversight of the Department of Veterans Affairs (Department) and redefines some Department offerings, which may ultimately impact the number of students who apply and the benefits they seek.

II. APPLICABILITY TO BYU–Hawaii

Title 38 imposes numerous requirements on educational institutions (institutions), a term that is defined to include private universities. As a private university that participates in federal programs offering veterans benefits, BYU–Hawaii is subject to the Act even though the university serves only a small number of eligible students. The requirements that are likely applicable to “institutions” like BYU–Hawaii are listed below by section for convenience.

  • Section 1010.8 Institutions enrolling students who receive benefits for a course or program under Post-9/11 Educational Assistance must submit verification of enrollment for each such individual to the Secretary of Veterans Affairs (Secretary). Individuals who accept educational assistance must also submit verification to the Secretary each month they are enrolled.
  • Section 1014. Institutions subject to actions related to Department educational assistance programs initiated by a federal, state, or accrediting entity will face additional oversight and enforcement by their State approving agencies (Agency).
  • Section 1018. Institutions that fail to supply information and to avoid certain recruiting practices or negative accreditation events may trigger formal Agency action.
  • Section 1019. Institutions face liability to the U.S. government if they (1) overpay an eligible student because of the Institution’s willful or negligent failure to report “excessive absences from a course, or discontinuance or interruption of a course by the veteran or eligible person”; (2) overpay because of the Institution’s willful or negligent false certification; or (3) receive a benefit payment pursuant to certain Title 38 sections.
  • Section 1020. “[Institutions] with a course or program of education approved under [chapter 36] . . . shall not engage in substantial misrepresentation.” Institutions offering courses to eligible students must maintain records.
  • Sections 1102-1104. Individuals pursuing a course of education at an institution16 may still receive some benefits if enrolled in a covered program when the COVID-19 emergency caused either course modification, including courses that were “converted from being on-site to being offered by distance learning,” or course cancellation in ways that otherwise reduced benefit eligibility. Individuals who had to withdraw from courses for COVID-19 reasons may also be eligible for some benefits.

III. BRIEF SUMMARY OF REQUIREMENTS

  • Section 1010. Institutions must periodically submit electronic enrollment verification. Individuals accepting benefits must also submit electronic enrollment verification.
  • Section 1014. Activities to be avoided include heightened cash monitoring; punitive action brought by federal or state entities for “misconduct or misleading marketing practices”; the loss, or risk of loss, of accreditation; or Secretary of Education provisional certification status.
  • Section 1018. Students must receive personalized information, such as to costs, financial aid options, graduation and job-placement rates, transfer credit acceptance, and requirements for obtaining licensure or certification in a course of study. Policies must be maintained on student financing; on automatic renewal in and accreditation of courses and programs; on graduation requirements and timelines, including when courses are offered; on accommodations for calls to active duty; and on points of contact for students. Deceptive and persistent recruitment tactics, such as same-day recruitment and registration and extralegal incentives for recruiters or third parties, must be avoided. Negative accreditation actions, such as sanctions or probation, must be avoided.
  • Section 1019. Overpayments of benefits to students must be avoided, and excessive absences, discontinuations, or disruptions of a student’s courses must be reported.
  • Section 1020. In the context of advertising and recruiting, institutions are prohibited from misrepresenting virtually any part of the educational enterprise, and recruiting incentives are limited. Copies of recruiting, advertising, and enrollment materials must be maintained.
  • Sections 1102-1104. As part of a Secretary determination that an individual affected by COVID19 should receive assistance equal to no more than four weeks, institutions must certify information about how courses were modified or cancelled. Time lost in delayed, modified, or withdrawn courses does not count against students’ total entitlement benefits. The availability period for COVID-19 assistance dates from March 1, 2020 to December 21, 2021.

IV. PENALTIES

  • Section 1010. No penalties are listed in this section for Institutions. Unless individuals give enrollment verification after missing two consecutive months without it, the Secretary will withhold monthly stipends payments.
  • Section 1014. Failure to comply initiates an Agency's risk-based survey and full report, including potential Agency action against institutions.
  • Section 1018. An Agency may publish online warnings and disapprove courses. The Secretary must also report to Congress any such warnings or disapprovals, justifications for waivers, and recommendations.
  • Section 1019. Overpayment liability lies with institutions, and such debt is recoverable as any other debt. Institutions may also be subject to civil or criminal penalties.
  • Section 1020. An Agency can investigate or delegate an investigation into misrepresentation or recruitment misconduct to another government entity, or another government entity can initiate its own investigation. The Secretary may publish online warnings and disapprove or revoke courses or programs.
  • Sections 1102-1104. No penalties are listed in these sections.

V. COMPLIANCE CALENDAR

  • Section 1010. Institutions must verify enrollments after the date when individuals enroll and after the last date when individuals can withdraw without penalty. While receiving benefits, individuals must provide monthly enrollment verification.
  • Section 1018. Before they enroll, students must receive personalized information. Within fifteen days of a change in tuition and fees, pre-enrollment information provided to students must be updated.