DEPARTMENT OF VETERANS AFFAIRS (VA)

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 36

Legal Deadline:

None

Abstract:

The Department of Veterans Affairs (VA) is requesting comments concerning whether VA should discontinue offering vendee (direct) loan financing on the sale of single-family residential real property VA acquires following the foreclosure of guaranteed and direct home loans made to veterans. VA wants to determine the impact that such action would have on real estate professionals, inventors, lenders, and the public.

Timetable:

Action Date FR Cite

ANPRM 06/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Robert Finneran, Assistant Director for Policy and Valuation (262), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7368
Fax: 202 275-3523
Email: lgyrfinn@vba.va.gov

RIN:

2900-AL16

Department of Veterans Affairs (VA)

Proposed Rule Stage

VETERANS HEALTH ADMINISTRATION

2660. WAIVERS

2661. ENROLLMENT PRIORITY CATEGORY STATUS CHANGES

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 1722A; PL 106-117

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.105

Legal Deadline:

None

Abstract:

The purpose of this document is to provide regulations to formally establish the waiver process for veterans' copayments.

Timetable:

Action Date FR Cite

NPRM 10/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Nancy Howard, Senior Program Analyst (174), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8198
Fax: 202 273-4897
Email: nancy.howard@hq.med.va.gov

RIN:

2900-AK29

2662. LOAN GUARANTY: MULTIFAMILY TRANSITIONAL HOUSING FOR HOMELESS VETERANS PROGRAM

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501; 38 USC 1721; PL 106-117

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.36

Legal Deadline:

None

Abstract:

Pursuant to the Veteran's Health Care Eligibility Reform Act of 1996, VA implemented a national enrollment system to manage the delivery of VA hospital and outpatient care. Veterans are eligible to be enrolled based on the Secretary's determination concerning which of the seven priority categories of veterans to enroll. Section 112 of Public Law No. 106-117, the Veteran's Millennium Health Care and Benefits Act, amended the priority categories to include veterans awarded the Purple Heart in priority category three. Public Law No. 107-135, the Department of Veterans Affairs Health Care Programs Enhancement Act of 2001, requires the Secretary to amend Priority Group 7 and establish Priority Group 8. To be enrolled in Priority Group 7, a veteran's family income must be above a means test category 5 veteran, but below the family income criteria used by Housing and Urban Development for low-income housing. A veteran can be enrolled into Priority Group 8 if the veteran is required to complete a means test and the veteran's income and assets are above the Housing and Urban Development low-income criteria. Accordingly, we intend to change our medical care regulation at 38 CFR 17.35 to reflect these changes. We further propose to amend the regulations by removing "Chief Network Officer" wherever it appears and adding in its place "Assistant Deputy Under Secretary for Health." VA's disenrollment requirements set forth under 38 CFR 17.36(d)(4)(iii) to allow priority category 5 veterans enrolled in this category based on their annual income information to remain enrolled. Currently, under 38 CFR 17.36(d)(4)(iii), a veteran enrolled under paragraphs (d)(2) and (d)(3) will be disenrolled if a VA network or facility director, or the Chief Network Officer, determines that a veteran has been enrolled based on inclusion in priority category 5, the veteran was sent by mail a VA Form 10-10EZ, and the veteran failed to return the completed form to the address on the return envelope within 60 days from receipt of the form. We propose to continue their enrollment by changing their enrollment priority group to Priority Group 6 for conditions relating to exposure to Agent Orange, Ionizing Radiation, or Gulf War contaminants or to Priority Group 8.

Timetable:

Action Date FR Cite

NPRM 07/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Roscoe G. Butler, Chief, Policy and Operations (10C3), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8302
Fax: 202 273-9609
Email: roscoe.butler@mail.va.gov

RIN:

2900-AK38

2663. ENROLLMENT—PROVISION OF HOSPITAL AND OUTPATIENT CARE TO VETERANS

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501(a); 38 USC 3772

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.1000 to 17.1020

Legal Deadline:

None

Abstract:

The Department of Veterans Affairs proposes to amend its medical regulations to add comprehensive regulations to implement the pilot program for guaranteed loans for multifamily transitional housing projects for homeless veterans.

Timetable:

Action Date FR Cite

NPRM 10/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Theresa Hayes, Program Manager (116E), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8445

RIN:

2900-AK58

2664. PAYMENT FOR NON-VA MEDICAL SERVICES AND INPATIENT CARE PROVIDED AT NON-VA FACILITIES

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501; 38 USC 1705; PL 104-262

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17

Legal Deadline:

None

Abstract:

VA has established a national enrollment system to manage the delivery of health care services. Veterans are eligible to be enrolled based on seven categories of priority. This document announces that VA will enroll all seven priority categories of veterans for the period October 1, 2001 through September 30, 2002.

Timetable:

Action Date FR Cite

NPRM 12/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Amy Hertz, Program Analyst, Office of Policy and Planning (105), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8412

RIN:

2900-AK92

2665. REASONABLE CHARGES FOR MEDICAL CARE OR SERVICES

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17

Legal Deadline:

None

Abstract:

This document proposes to amend the Department of Veterans Affairs (VA) medical regulations to establish a payment methodology for inpatient care and outpatient medical services provided to eligible VA beneficiaries at non-VA facilities. It is proposed that when there is an amount already calculated under the Medicare Payment Systems for services, VA would pay the lesser of the actual billed charge, an amount negotiated with the provider or the provider's agent, or the calculated amount. It appears that the adoption of the proposal would help ensure that amounts paid for these services would better reflect the resource inputs used to furnish a service and better reflect the true value of services. Further, it is proposed that the regulations would continue to require that VA payment constitute payment in full. In our view, this is required by statute.

Timetable:

Action Date FR Cite

NPRM 12/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Rex Gilmore, Health Administration Service (10C3), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8307

RIN:

2900-AK94

2666. � FISHER HOUSES AND OTHER TEMPORARY LODGING

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501; 38 USC 1721; 38 USC 1729

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.101

Legal Deadline:

None

Abstract:

This document amends the Department of Veterans Affairs (VA) medical regulations concerning "reasonable charges" for medical care or services provided or furnished by VA to veterans for nonservice-connected disabilities. This document amends the regulations to revise the charge structure and update other provisions for the purpose of providing more precise charges.

Timetable:

Action Date FR Cite

NPRM 06/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

David Cleaver, VHA Revenue Office (174), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8210
Fax: 202 273-4897

Related RIN:

Related To 2900-AJ30, Related To 2900-AK39, Related To 2900-AK73, Related To 2900-AL05

RIN:

2900-AL06

2667. SCHEDULE FOR RATING DISABILITIES—THE ORTHOPEDIC SYSTEM

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Other Significant

Legal Authority:

PL 106-414, sec 221

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 60 (New)

Legal Deadline:

None

Abstract:

The Department of Veterans Affairs (VA) proposes to establish requirements regarding the use of Fisher Houses and other temporary lodging by veterans receiving VA medical care or Compensation and Pension (C&P) examinations and by family members or other persons accompanying veterans to provide the equivalent of familial support. This is necessary to implement provisions of the Veterans Benefits and Health Care Improvement Act of 2000.

Timetable:

Action Date FR Cite

NPRM 04/30/02 67 FR 21191

NPRM Comment Period End 07/01/02
Final Action 10/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Jill E. Manske, Director, Social Work Service (110B), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8549
Fax: 202 273-8385
Email: jill.manske@hq.med.va.gov

RIN:

2900-AL13

VETERANS BENEFITS ADMINISTRATION

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Other Significant

Legal Authority:

2668. SCHEDULE FOR RATING DISABILITIES—NEUROLOGICAL CONDITIONS AND CONVULSIVE DISORDERS

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 4.71(a)

Legal Deadline:

None

Abstract:

These amendments will contain additions, deletions, and revisions of terminology resulting from a systematic review of the medical criteria used to evaluate disabilities of the orthopedic system.

Timetable:

Action Date FR Cite

ANPRM 12/28/90 55 FR 53315

ANPRM Comment Period End 02/26/91
NPRM 12/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Caroll McBrine, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7211

RIN:

2900-AE91

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Other Significant

Legal Authority:

2669. SCHEDULE FOR RATING DISABILITIES—DIGESTIVE SYSTEM

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 4.120; 38 CFR 4.121; 38 CFR 4.122; 38 CFR 4.123; 38 CFR 4.124; 38 CFR 4.124a

Legal Deadline:

None

Abstract:

These amendments will contain additions, deletions, and revisions of terminology resulting from a systematic review of the medical criteria used to evaluate disabilities of the neurological system.

Timetable:

Action Date FR Cite

ANPRM 05/02/91 56 FR 20169

ANPRM Comment Period End 07/01/91
NPRM 08/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Caroll McBrine, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7211

RIN:

2900-AF23

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Other Significant

Legal Authority:

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 4.114

Legal Deadline:

None

Abstract:

These amendments will contain additions, deletions, and revisions of terminology resulting from a systematic review of the medical criteria used to evaluate disabilities of the digestive system.

Timetable:

Action Date FR Cite

ANPRM 05/02/91 56 FR 20168

ANPRM Comment Period End 07/01/91
NPRM 12/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Caroll McBrine, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7211

RIN:

2900-AF24

2670. EVIDENCE ON FILE AT DATE OF DEATH

2671. SCHEDULE FOR RATING DISABILITY: THE SPINE

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Other Significant

Legal Authority:

38 USC 501(a)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.1000

Legal Deadline:

None

Abstract:

The Department of Veterans Affairs (VA) is amending its adjudication regulations dealing with accrued benefits, those benefits to which an individual was entitled under existing ratings or decisions, or those based on "evidence in the file at date of death" which were due and unpaid at the time the individual died. "Evidence in the file at date of death" would be interpreted as evidence in VA's possession on or before the date of the beneficiary's death, even if such evidence was not physically located in VA claims folder on or before the date of death. Further, "evidence necessary to complete the application" for accrued benefits would be interpreted as information necessary to establish that the claimant is with the category of eligible persons and that circumstances exist which make the claimant the specific person entitled to the accrued benefits. These amendments reflect our interpretation of the governing statute.

Timetable:

Action Date FR Cite

NPRM 03/04/02 67 FR 9638

NPRM Comment Period End 05/03/02
Final Rule 10/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Randy A. McKevitt, Consultant, C&P Service, Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7138
Fax: 202 273-1728
Email: caprmcke@vba.va.gov

RIN:

2900-AH42

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

2672. EDUCATION PROVISIONS OF THE VETERANS PROGRAMS ENHANCEMENT ACT OF 1998

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 4.71a

Legal Deadline:

None

Abstract:

This amendment will contain additions, deletions, and revisions of terminology pertaining to spinal disabilities based on a systematic review of the medical criteria used to evaluate disabilities of the spine.

Timetable:

Action Date FR Cite

NPRM 10/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Caroll McBrine, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7211

RIN:

2900-AJ60

2673. DEFINITION OF PSYCHOSIS FOR CERTAIN VA PURPOSES

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 16136; 38 USC 3034; 38 USC 3241; 38 USC 3485; 38 USC 3537; 38 USC 3677; 38 USC 3684; 38 USC 5101

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 21.4145; 38 CFR 21.4200; 38 CFR 21.4206; 38 CFR 21.4262

Legal Deadline:

None

Abstract:

This rule will bring VA's educational assistance regulations into agreement with the Veterans Program Enhancement Act of 1998. This will include revising the calculation of the reporting fee paid to educational institutions; making advance payments to work-study students optional rather than mandatory; and revising the approval criteria for on-job training programs offered by the Federal Government or by State or local governments.

Timetable:

Action Date FR Cite

NPRM 06/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

William G. Susling Jr., Assistant Director for Policy and Program Development (225), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7187
Fax: 202 275-2636
Email: edubsusl@vba.va.gov

RIN:

2900-AJ68

2674. NATIONAL SERVICE LIFE INSURANCE—PLAIN ENGLISH REVISION

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501(a)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.384

Legal Deadline:

None

Abstract:

This document proposes to amend the Department of Veterans Affairs adjudication regulations to define the term "psychosis." The term is used but not defined in certain statutes that provide presumptive service connection for compensation or health care purposes.

Timetable:

Action Date FR Cite

NPRM 08/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Caroll McBrine, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7211

RIN:

2900-AK21

2675. ADDITIONAL DISABILITY OR DEATH DUE TO HOSPITAL CARE, MEDICAL OR SURGICAL TREATMENT, EXAMINATION, TRAINING AND REHABILITATION SERVICES, OR COMPENSATED WORK THERAPY PROGRAM

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Info./Admin./Other

Legal Authority:

38 USC 501; 38 USC 1901 to 1929; 38 USC 1981 to 1988

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 8.0; 38 CFR 8.1

Legal Deadline:

None

Abstract:

This document proposes to amend 38 CFR 8.0 and 8.1 by revising the text into a different format to promote better communication to policyholders and program administrators. This amendment is written in conjunction with VA's plain English (Reader Focused Writing) initiative.

Timetable:

Action Date FR Cite

NPRM 10/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

George Poole, Chief, Program Administration and Oversight Staff (Insurance Service), Department of Veterans Affairs, Veterans Benefits Administration, P.O. Box 8079, Philadelphia, PA 19101
Phone: 215 842-2000
Fax: 215 381-3502
Email: issgpool@vba.va.gov

RIN:

2900-AK43

2676. VETERANS AND DEPENDENTS EDUCATION: TOPPING UP TUITION ASSISTANCE AND PAYMENT FOR LICENSING AND CERTIFICATION TESTS

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Other Significant

Legal Authority:

38 USC 1151

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.358; 38 CFR 3.800

Legal Deadline:

None

Abstract:

The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations concerning awards of compensation or dependency and indemnity compensation for additional disability or death caused by VA hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy (CWT) program.
Under the proposed amendment, benefits will be payable for additional disability or death caused by hospital care, medical or surgical treatment, or examination only if VA is at fault or "an event not reasonably foreseeable" proximately caused the disability or death. Benefits will also be payable for additional disability or death proximately caused by VA's provision of training and rehabilitation services or CWT program.

Timetable:

Action Date FR Cite

NPRM 06/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Beth McCoy, Consultant, Regulations Staff, Compensation and Pension Service (211A), Department of Veterans Affairs, Veterans Benefit Administration, 575 N Pennsylvania Street, Indianapolis, IN 46204
Phone: 317 226-5209

RIN:

2900-AK77

2677. VETERANS EDUCATION: ADDITIONAL OPPORTUNITY TO PARTICIPATE IN THE MONTGOMERY GI BILL AND OTHER MISCELLANEOUS ISSUES

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 3014; 38 USC 3015; 38 USC 3032; 38 USC 3232; 38 USC 3452; 38 USC 3482; 38 USC 3501

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 21.4008 to 21.4009; 38 CFR 21.4146; 38 CFR 21.4150 to 21.4152; 38 CFR 21.4200; 38 CFR 21.4206; 38 CFR 21.4209 to 21.4212; 38 CFR 21.4216; 38 CFR 21.4230; 38 CFR 21.4234

Legal Deadline:

None

Abstract:

The Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 contains a provision that permits a service member to receive Montgomery GI Bill—Active Duty benefits for the difference between the service member's tuition and the portion of the tuition paid under 10 U.S.C. 2007. Appropriate regulations will be added to implement this provision of law.
The Veterans Benefits and Health Care Improvement Act provides that veterans and eligible persons may receive educational assistance to cover the cost of the tests needed to obtain an occupational license or certification. This improved benefit is available under the Post-Vietnam Era Veterans Educational Assistance Program, the Montgomery GI Bill—Active Duty and the Survivors' and Dependents' Educational Assistance Program. Regulations are needed to allow VA to properly implement this new benefit.

Timetable:

Action Date FR Cite

NPRM 06/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

2900-AK80

2678. � SCHEDULE FOR RATING DISABILITIES; EVALUATION OF TINNITUS

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 3011 to 3012; 38 USC 3015; 38 USC 3018C; 38 USC 3080; 38 USC 16132

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 21.4138; 38 CFR 21.7020; 38 CFR 21.7042; 38 CFR 21.7136; 38 CFR 21.7540

Legal Deadline:

None

Abstract:

The Veterans Benefits and Health Care Improvement Act of 2000 affects the Montgomery GI Bill—Active Duty and the Montgomery GI Bill—Selected Reserve. These include providing an opportunity for some service members to participate in the Montgomery GI Bill—Active Duty; repealing the requirement that only the initial period of active duty be considered in determining eligibility for the Montgomery GI Bill—Active Duty; increasing the Montgomery GI Bill—Active Duty for those who contribute additional money; and changing the rules for determining when benefits may be paid during the interval between terms. The regulations governing Montgomery GI Bill will be revised accordingly.

Timetable:

Action Date FR Cite

NPRM 08/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

2900-AK81

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

2679. TIME LIMIT FOR REQUEST FOR DE NOVO REVIEW

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 4.87 (Diagnostic Code 6260)

Legal Deadline:

None

Abstract:

Current schedule does not explain how to evaluate tinnitus that is bilateral. This would direct that a single evaluation be assigned for bilateral or unilateral tinnitus or tinnitus that is perceived somewhere in the head. It also directs that objective tinnitus (which is audible and has a defined cause) be evaluated as part of the underlying condition causing it. There are no costs associated with this regulation.

Timetable:

Action Date FR Cite

NPRM 10/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Additional Information:

RIN 2900-AK86 withdrawn

Agency Contact:

Caroll McBrine, Consultant, Regulations Staff (211B), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7211

RIN:

2900-AK86

2680. � ACCELERATED PAYMENTS UNDER THE MONTGOMERY GI BILL—ACTIVE DUTY PROGRAM

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 5109(a); 38 USC 7105(a)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 3.2600

Legal Deadline:

None

Abstract:

We are amending our regulations concerning the time a claimant has in which to request a de novo review of their claim at the Veterans Service Center level. (This would reduce the time from the current 60 days to 15 days.) We believe this amendment will reduce unnecessary delays in the appeals process and will not adversely affect claimants.

Timetable:

Action Date FR Cite

NPRM 03/11/02 67 FR 10866

NPRM Comment Period End 05/10/02
Final Rule 10/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Bill Russo, Attorney-Advisor, Compensation and Pension (211), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7211
Fax: 202 275-1728
Email: capbruss@vba.va.gov

RIN:

2900-AK97

2681. � AMENDMENTS TO TRAINING AND REHABILITATION PROGRAMS

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 3013, 3014A; 38 USC 3034; 38 USC 3452; 38 USC 3501; 38 USC 3684

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 21.4000; 38 CFR 21.7020; 38 CFR 21.7076; 38 CFR 21.7140; 38 CFR 21.7142

Legal Deadline:

None

Abstract:

This document amends the education regulations governing various aspects of the educational assistance programs the Department of Veterans Affairs administers in order to implement some of the provisions of the Veterans Education and Benefits Expansion Act of 2001. These provisions include accelerated payments to individuals under the Montgomery GI Bill—Active Duty program who are enrolled in approved training programs that lead to employment in high tech industries and whose charged tuition and fees exceed an amount equal to 200 percent of the monthly basic rate of educational assistance otherwise payable. This document also amends the regulation defining educational institution to include certain private technology industries.

Timetable:

Action Date FR Cite

NPRM 05/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Lynn M. Cossette, Education Advisor (225C), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7294
Fax: 202 275-2636
Email: edulcose@vba.va.gov

RIN:

2900-AL22

Department of Veterans Affairs (VA)/VETERANS BENEFITS ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 3100 to 3121; PL 102-568; PL 104-275; PL 106-419; PL 107-103

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 21, subpart A

Legal Deadline:

None

Abstract:

This complete revision of 38 CFR 21 (subpart A) implements changes to the chapter 31 Vocational Rehabilitation and Employment Program. Substantive changes are required under the several public laws that this revision implements. This revision also implements a number of decisions by the U.S. Court of Appeals for Veterans Claims. The following changes are representative of the changes proposed: Authorizes increases in subsistence allowance; extends eligibility for vocational rehabilitation and employment to veterans with 10 percent service-connected conditions under certain circumstances; amends chapter 31 entitlement criteria; redefines employment handicap and serious employment handicap; changes requirements for an independent living program; requires veterans who complete training to actively participate in a job search to receive an employment adjustment allowance; prohibits benefits to fugitive felons; authorizes extensions of the period of chapter 31 eligibility and restoration of entitlement used by certain reservists recalled to active duty; and increases the limit on the number of new entrants into an independent living program in a fiscal year. This revision streamlines administrative procedures and clarifies the intent of the governing sections of title 38, United States Code. In addition, this revision also implements regulatory reform and plain-language English.

Timetable:

Action Date FR Cite

NPRM 10/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Dr. Charles Albert Graffam, Consultant (282), Department of Veterans Affairs, Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-7437
Fax: 202 275-5122
Email: vrecgraf@vba.va.gov

Related RIN:

Merged With 2900-AG00

RIN:

2900-AL24

OFFICE OF ACQUISITION AND MATERIEL MANAGEMENT

2682. UNIVERSAL PRODUCT NUMBERS (UPNS)

2683. DEPARTMENT OF VETERANS AFFAIRS ACQUISITION REGULATIONS PLAIN LANGUAGE REWRITE

Department of Veterans Affairs (VA)/OFFICE OF ACQUISITION AND MATERIEL MANAGEMENT

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501; 40 USC 486(c)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

48 CFR 811; 48 CFR 852

Legal Deadline:

None

Abstract:

This rulemaking action would provide new contract clauses whereby Department of Veterans Affairs contracting officers could require contractors to furnish products marked at the case, box, and unit of use levels with Universal Product Numbers (UPNs) for scanning using bar code readers.

Timetable:

Action Date FR Cite

NPRM 12/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Donald E. Kaliher, Senior Procurement Analyst (0495A), Department of Veterans Affairs, Office of Acquisition & Materiel Management, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8819
Fax: 202 273-9302
Email: donald.kaliher@mail.va.gov

RIN:

2900-AJ45

2684. BOARD OF VETERANS' APPEALS: RULES OF PRACTICE—APPEAL WITHDRAWAL

Department of Veterans Affairs (VA)/OFFICE OF ACQUISITION AND MATERIEL MANAGEMENT

Priority:

Info./Admin./Other

Legal Authority:

38 USC 501; 48 USC 486(c)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 8

Legal Deadline:

None

Abstract:

This rulemaking action would amend the Department of Veterans Affairs acquisition regulation to update position titles, to remove obsolete or duplicative material, to delegate authority, and to make plain language revisions to the text. In addition, the rule would update material to correspond to the requirements of the Federal Acquisition Regulation (FAR) and would provide agency procedures for compliance with FAR requirements.

Timetable:

Action Date FR Cite

NPRM 09/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

2900-AK78

BOARD OF VETERANS APPEALS

2685. BOARD OF VETERANS' APPEALS: SPEEDING APPELLATE REVIEW FOR AGING VETERANS

Department of Veterans Affairs (VA)/BOARD OF VETERANS APPEALS

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 501(a); 38 USC 7105(b)(2)

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 20.204

Legal Deadline:

None

Abstract:

The Board of Veterans' Appeals is removing a restriction in its Rules of Practice (Rule of Practice 204; 38 CFR 20.204) that bars an appellant's representative from withdrawing a Notice of Disagreement or a Substantive Appeal that the appellant filed personally without the appellant's written consent. VA believes that the restriction, adopted in the early 1960s, is an outdated and unnecessary intrusion into the relationship between appellants and their representatives, which creates needless delay through unnecessary procedural complexity.

Timetable:

Action Date FR Cite

NPRM 02/01/02 67 FR 4939

NPRM Comment Period End 04/02/02
Final Rule 10/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Steven L. Keller, Senior Deputy Vice Chairman (01C), Department of Veterans Affairs, Board of Veterans Appeals, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 565-5978

RIN:

2900-AK71

2686. STATE CEMETERY GRANTS: AID TO STATES FOR ESTABLISHMENT, EXPANSION, AND IMPROVEMENT OF VETERANS CEMETERIES

Department of Veterans Affairs (VA)/BOARD OF VETERANS APPEALS

Priority:

Other Significant

Legal Authority:

38 USC 501(a); 38 USC 7107

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 20.900(c)

Legal Deadline:

None

Abstract:

The Board of Veterans' Appeals may advance a case on its docket for earlier consideration for "sufficient cause shown," 38 U.S.C. section 7107(a)(2). This regulation will expand the regulatory definition of "sufficient cause" in the Board's Rules of Practice to include advanced age. This will permit the Board, on motion, to expedite consideration of appeals from veterans and dependents, age 75 or more, who may be nearing the end of their life expectancy. There is now a sizable cohort of veterans of advanced age, particularly surviving combat veterans from World War II and the Korean War. No other alternatives are available. This amendment will not entail any risks or costs to the public or to the Government other than the costs normally associated with drafting, Agency review, and publication.

Timetable:

Action Date FR Cite

NPRM 10/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Steven L. Keller, Senior Deputy Vice Chairman, Department of Veterans Affairs, Board of Veterans Appeals, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 565-5978

RIN:

2900-AL08

NATIONAL CEMETERY SYSTEM

2687. ELIGIBILITY FOR BURIAL OF DEPENDENT ADULT CHILDREN OF ELIGIBLE VETERANS; AND ELIGIBILITY FOR BURIAL OF CERTAIN FILIPINO VETERANS

Department of Veterans Affairs (VA)/NATIONAL CEMETERY SYSTEM

Priority:

Other Significant

Legal Authority:

38 USC 2408

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 39.1; 38 CFR 39.2; 38 CFR 39.3; 38 CFR 39.7; 38 CFR 39.8; 38 CFR 39.9 (New)

Legal Deadline:

None

Abstract:

The proposed rule revises 38 CFR part 39 to amend Department of Veterans Affairs (VA) regulations for the State Cemetery Grants Program to implement and update information on program requirements and the application process for participants. The amendment formalizes new standards and provides guidance on how States may obtain funding for grants to expand, establish, or improve State veterans cemeteries. The rule will be published as proposed in the Federal Register to provide information to the public on how to apply for Federal funding for State veterans cemeteries. A 60-day public comment period will be provided. It is subject to the requirements of the Administrative Procedures Act and E.O. 12866 because the rule is an interpretation of statute. The proposed rule will not have a significant economic impact on a substantial number of small entities; only those States that apply for funding may be direct beneficiaries.

Timetable:

Action Date FR Cite

NPRM 12/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

State

Agency Contact:

Karen Barber, Program Analyst (402B1), Department of Veterans Affairs, National Cemetery Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-5183
Fax: 202 273-6697
Email: karen.barber@mail.va.gov

RIN:

2900-AH46

2688. STANDARDS FOR COLLECTION, COMPROMISE, SUSPENSION, OR TERMINATION OF COLLECTION EFFORT; REGIONAL OFFICE COMMITTEE ON WAIVER AND COMPROMISES

Department of Veterans Affairs (VA)/NATIONAL CEMETERY SYSTEM

Priority:

Other Significant

Legal Authority:

38 USC 2402(5); PL 106-419

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 1.620(c)

Legal Deadline:

None

Abstract:

The Department of Veterans Affairs (VA) proposes to amend regulations to specify that the eligibility of veterans' adult children for burial in a national cemetery is only for those who have become permanently incapable of self support before attaining the age of 21 years due to a physical or mental disability. Current regulations do not clearly express this requirement. It also proposes to amend regulations to specify that the eligibility of certain Filipino veterans will be eligible for burial in a National Cemetery. Certain Filipino veterans of WWII, to include Commonwealth Army veterans and veterans of Recognized Guerilla Forces, may be eligible if the veteran was a permanent resident of the U.S. and met other enabling conditions.

Timetable:

Action Date FR Cite

NPRM 08/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

2900-AI95

OFFICE OF FINANCIAL MANAGEMENT

2689. AUDITS OF STATES, LOCAL GOVERNMENTS, AND NONPROFIT ORGANIZATIONS; GRANTS AND AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NONPROFIT ORGANIZATIONS

Department of Veterans Affairs (VA)/OFFICE OF FINANCIAL MANAGEMENT

Priority:

Substantive, Nonsignificant

Legal Authority:

31 USC 3700 et seq; 38 USC 501; 38 USC 5302; 38 USC 5314; 38 USC 5315

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

31 CFR 900 to 904; 38 CFR 1.900 to 1.970

Legal Deadline:

None

Abstract:

The Department of Veterans Affairs (VA) proposes to revise its current regulations on debt collection by eliminating some and cross-referencing the remainder to the revised DOJ/Treasury Governmentwide Federal Claims Collection Standards (31 CFR parts 900 to 904). These regulations will also be updated to comply with the Debt Collection Improvement Act of 1996. In addition, VA also proposes to amend regulations pertaining to the administration of our Regional Office Committees on Waivers and Compromises.

Timetable:

Action Date FR Cite

NPRM 08/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Peter T. Mulhern, Office of Finance (047GC1), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-5570
TDD Phone: 202 273 6574

RIN:

2900-AK10

OFFICE OF POLICY AND PLANNING

2690. PROVISION OF DRUGS AND MEDICINES PRESCRIBED BY NON-VA PHYSICIANS

Department of Veterans Affairs (VA)/OFFICE OF POLICY AND PLANNING

Priority:

Substantive, Nonsignificant

Legal Authority:

31 USC 75; 38 USC 501; PL 98-502

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 41; 38 CFR 49

Legal Deadline:

None

Abstract:

This document proposes to amend part 41 of VA's regulations to add new subparts to codify revised OMB Circular A-133. The Circular provides standards for consistency and uniformity among Federal agencies for the audits of States, local governments, and nonprofit organizations expending Federal awards. Further, this amendment proposes to add a new part 49 to VA's regulations to bring VA in step with other Federal agencies who have already adopted OMB Circular A-110 as a common rule. The Circular provides for uniform administrative requirements for Federal agencies with grants and agreements with institutions of higher education, hospitals, and other nonprofit organizations.

Timetable:

Action Date FR Cite

NPRM 05/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Governmental Jurisdictions, Organizations

Government Levels Affected:

State, Local

Agency Contact:

Judith Jamison, Office of Policy and Planning (008), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-5117

RIN:

2900-AJ62

Department of Veterans Affairs (VA)

Final Rule Stage

VETERANS HEALTH ADMINISTRATION

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.96

Legal Deadline:

None

Abstract:

This document amends the "Medical" regulations concerning the criteria for provision of drugs and medicines by non-VA physicians for certain veterans. It is our view that the statutory framework inherently requires that the drugs provided be suitable; i.e., FDA-approved, high quality, and best value. In this regard, we have established a list of suitable drugs and medicines in the VA national formulary. Also, we have established a mechanism for allowing the provision of drugs and medicines not listed in the formulary. These changes are needed to ensure that VA provides only those drugs and medicines intended to be provided under the statutory authority. Also, this document makes nonsubstantive changes for the purpose of avoiding unnecessary duplication.

Timetable:

Action Date FR Cite

Final Action 08/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

None

Agency Contact:

Jeff Ramirez, Pharmacy Service (119), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8428

RIN:

2900-AJ24

2691. ADVANCED HEALTH CARE PLANNING

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

2692. PROVISION OF DRUGS AND MEDICINES TO CERTAIN VETERANS IN STATE NURSING HOMES

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.32

Legal Deadline:

None

Abstract:

This document amends the VA medical regulations to codify VA policy regarding advanced health care planning. The rule sets forth a mechanism for the use of written advance directives; i.e., a VA living will, a VA durable power of attorney for health care, and a State-authorized advance directive. The rule also sets forth a mechanism for honoring verbal or nonverbal instructions from a patient when the patient is admitted to care when critically ill and loss of capacity may be imminent and the patient is not physically able to sign an advance directive form or the appropriate form is not readily available. This is intended to help ensure that VA acts in compliance with patients' wishes concerning future health care.

Timetable:

Action Date FR Cite

NPRM 11/02/98 63 FR 58677

NPRM Comment Period End 01/04/99
Final Action 09/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Ellen Fox M.D., Director, National Center for Ethics (10AE), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-6926

RIN:

2900-AJ28

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

2693. GRANTS TO STATES FOR CONSTRUCTION AND ACQUISITION OF STATE HOME FACILITIES

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.96

Legal Deadline:

None

Abstract:

This document amends the Department of Veterans Affairs medical regulations concerning the provision of drugs and medicines prescribed by non-VA physicians for certain veterans who are permanently housebound or in need of regular aid and attendance. The regulations are amended to allow prescriptions to be filled by non-VA pharmacies in State homes under contract with VA for filling prescriptions for patients in State homes. This is consistent with VA's special relationship with State homes. It will eliminate duplication in services and will help improve timeliness for filling prescriptions in State homes.

Timetable:

Action Date FR Cite

Interim Final Rule 07/14/98 63 FR 37779

Interim Final Rule Effective 07/14/98
Interim Final Rule Comment Period End 09/14/98
Final Action 06/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

Jeff Ramirez, Pharmacy Service (119), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8428

RIN:

2900-AJ34

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Other Significant

Legal Authority:

2694. PAYMENT OR REIMBURSEMENT FOR EMERGENCY TREATMENT FURNISHED AT NON-VA FACILITIES

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.216; 38 CFR 17.222

Legal Deadline:

None

Abstract:

This rule amends the Department of Veterans Affairs regulations concerning State homes. VA provides funds to States for projects for the construction, acquisition, or renovation of State veterans nursing homes and State veterans domiciliaries. This rulemaking requests comments regarding what regulations should be established with respect to the priorities for awarding State home grants for construction, acquisition, or renovation.

Timetable:

Action Date FR Cite

Interim Final Rule 06/26/01 66 FR 33845

Interim Final Rule Comment Period End 08/27/01
Final Action 09/00/02

Regulatory Flexibility Analysis Required:

Government Levels Affected:

State

Agency Contact:

Frank Salvas, Geriatrics and Extended Care (114), Department of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue NW, Washington, DC 20420
Phone: 202 273-8536

RIN:

2900-AJ43

2695. MEDICAL BENEFITS PACKAGE; COPAYMENTS FOR EXTENDED CARE SERVICES

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Economically Significant. Major under 5 USC 801.

Legal Authority:

38 USC 501; 38 USC 1725; PL 106-117

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17

Legal Deadline:

NPRM, Statutory, May 22, 2000, 180 days after effective date of PL 106-117.

Abstract:

This document amends the Department of Veterans Affairs medical regulations by establishing a mechanism for payment or reimbursement for certain non-VA emergency services furnished to veterans for nonservice-connected conditions. This amendment is necessary to implement provisions of "The Veterans Millennium Health Care and Benefits Act."

Statement of Need:

Public Law No. 106-117 "The Veterans Millennium Health Care and Benefits Act" requires this amendment to implement its provisions.

Summary of Legal Basis:

38 U.S.C. 1725 authorizes VA to establish provisions for payment or reimbursement for certain non-VA emergency services furnished to Veterans for nonservice-connected conditions.

Alternatives:

The alternatives that the Department had to consider are the amount of reimbursement and the location where claimants can file a claim.

Anticipated Cost and Benefits:

Cost projection for FY 2001 is $66 to $75 million. The FY 2003 budget, in accordance with section 1725 of title 38, will provide an updated estimate of the full year impact of this legislation expected to be incurred in FY 2003.

Risks:

None.

Timetable:

Action Date FR Cite

Interim Final Rule 07/12/01 66 FR 36467

Interim Final Rule Effective 05/29/00
Interim Final Rule Effective (38 CFR 17.004) 07/19/01
Interim Final Rule Comment Period End (Information Collection) 07/19/01
Interim Final Rule Comment Period End 09/10/01
Final Action 05/00/02

Regulatory Flexibility Analysis Required:

Undetermined

Government Levels Affected:

None

Agency Contact:

RIN:

2900-AK08

2696. REASONABLE CHARGES FOR MEDICAL CARE OR SERVICES

Department of Veterans Affairs (VA)/VETERANS HEALTH ADMINISTRATION

Priority:

Substantive, Nonsignificant

Legal Authority:

38 USC 1710; PL 106-117

CFR Citation: (To search for a specific CFR, visit the Code of Federal Regulations.)

38 CFR 17.36; 38 CFR 17.38; 38 CFR 17.111

Legal Deadline:

None

Abstract:

This document proposes to amend VA's medical regulations by adding the following extended care services to the medical benefits package: Noninstitutional adult day health care, noninstitutional geriatric evaluation, and noninstitutional respite care. Also, we propose to amend VA's medical regulations to establish provisions regarding copayments for extended care services. These actions would implement provisions of the Veterans Millennium Health Care and Benefits Act.

Timetable:

Action Date FR Cite

NPRM 10/04/01 66 FR 50594

NPRM Comment Period End 12/03/01
Final Action 05/00/02

Regulatory Flexibility Analysis Required:

Small Entities Affected:

Government Levels Affected:

None

Agency Contact:

RIN:

2900-AK32