83_FR_14871 83 FR 14804 - Definition of Domiciliary Care

83 FR 14804 - Definition of Domiciliary Care

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 83, Issue 67 (April 6, 2018)

Page Range14804-14807
FR Document2018-07082

The Department of Veterans Affairs (VA) proposes to amend its rule defining domiciliary care, to accurately reflect the scope of services currently provided under the Domiciliary Care Program. VA's Domiciliary Care Program provides a temporary home to certain veterans, which includes the furnishing of shelter, goods, clothing and other comforts of home, as well as medical services. In 2005 VA designated its Mental Health Residential Rehabilitation Treatment Program (MH RRTP) as a type of domiciliary care. MH RRTP provides clinically intensive residential rehabilitative services to certain mental health patient populations. We propose to amend the definition of domiciliary care to reflect that domiciliary care includes MH RRTP. In addition, VA domiciliary care, as a matter of long-standing practice, includes non-permanent housing, but this is not clear in the regulation. The proposed rule would clarify that domiciliary care provides temporary, not permanent, residence to affected veterans.

Federal Register, Volume 83 Issue 67 (Friday, April 6, 2018)
[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Proposed Rules]
[Pages 14804-14807]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07082]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AP00


Definition of Domiciliary Care

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its 
rule defining domiciliary care, to accurately reflect the scope of 
services currently provided under the Domiciliary Care Program. VA's 
Domiciliary Care Program provides a temporary home to certain veterans, 
which includes the furnishing of shelter, goods, clothing and other 
comforts of home, as well as

[[Page 14805]]

medical services. In 2005 VA designated its Mental Health Residential 
Rehabilitation Treatment Program (MH RRTP) as a type of domiciliary 
care. MH RRTP provides clinically intensive residential rehabilitative 
services to certain mental health patient populations. We propose to 
amend the definition of domiciliary care to reflect that domiciliary 
care includes MH RRTP. In addition, VA domiciliary care, as a matter of 
long-standing practice, includes non-permanent housing, but this is not 
clear in the regulation. The proposed rule would clarify that 
domiciliary care provides temporary, not permanent, residence to 
affected veterans.

DATES: Comment Date: Comments on the proposed rule must be received by 
VA on or before June 5, 2018.

ADDRESSES: Written comments may be submitted through http://www.Regulations.gov; by mail or hand delivery to the Director, 
Regulation Policy and Management (00REG), Department of Veterans 
Affairs, 810 Vermont Avenue NW, Room 1063B, Washington, DC 20420; or by 
fax to (202) 273-9026. Comments should indicate that they are submitted 
in response to ``RIN 2900-AP00--Definition of Domiciliary Care.'' 
Copies of comments received will be available for public inspection in 
the Office of Regulation Policy and Management, Room 1063B between the 
hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except 
holidays). Please call (202) 461-4902 for an appointment. (This is not 
a toll-free number.) In addition, during the comment period, comments 
may be viewed online through the Federal Docket Management System at 
www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jamie R. Ploppert, National Director, 
Mental Health Residential Treatment Programs (10P4M), Veterans Health 
Administration, Department of Veterans Affairs, 810 Vermont Avenue NW, 
Washington, DC 20420 or (757) 722-9991 extension 1123. (This is not a 
toll-free number.)

SUPPLEMENTARY INFORMATION: Title 38, United States Code (U.S.C.), 
section 1710(b)(2) authorizes VA to provide needed domiciliary care to 
veterans whose annual income does not exceed the applicable maximum 
annual rate of VA pension and to veterans who have no adequate means of 
support. The term ``domiciliary care'' is currently defined at 38 Code 
of Federal Regulations (CFR) 17.30(b) as the furnishing of a home to a 
veteran, embracing the furnishing of shelter, food, clothing and other 
comforts of home, including necessary medical services, as well as 
travel and incidental expenses pursuant to 38 CFR 70.10. Veterans must 
meet eligibility criteria found in Sec.  17.46(b) as well as Sec.  
17.47(b)(2) and (c) to receive domiciliary care.
    The domiciliary program was authorized to provide eligible veterans 
with a home and coordinated ambulatory medical care as needed. 
Typically, domiciliaries are co-located with VA medical centers or 
exist as designated bed-settings within the centers. By law, eligible 
veterans include only: Those whose annual income does not exceed the 
maximum annual rate of pension payable to a Veteran in need of regular 
aid and attendance; or (2) those who have no adequate means of support, 
as this phrase is defined in 38 CFR 17.47(b)(2), who can perform the 
activities specified in 38 CFR 17.46(b) but who suffer from a chronic 
disability, disease, or defect that results in the veteran being unable 
to earn a living for a prospective period. See 38 CFR 17.47 (b)(2) and 
(c).
    VA domiciliaries served initially as ``Soldiers' Homes'' for 
economically-disadvantaged Veterans with chronic medical needs that can 
be addressed on an outpatient basis. Domiciliary care provides services 
to economically-disadvantaged veterans, and VA remains committed to 
serving that group. Historically, domiciliary care in VA has primarily 
been focused on delivering care to older residents who cannot live 
independently but who do not require admission to a nursing home. 
However, ``domiciliary care'' has expanded to also provide services to 
veterans who require residential rehabilitation treatment for mental 
health or substance use issues. While the above-referenced statutory 
definitions and eligibility criteria still apply as do the regulatory 
criteria of Sec. Sec.  17.46(b) and 17.47(b)(2), the scope of services 
furnished under the program has evolved significantly, requiring 
revision of Sec.  17.30(b) and Sec.  17.47(c). We propose to amend the 
definition of domiciliary care to reflect that change.
    The scope of clinical services available to VA domiciliary 
residents has necessarily become specialized over time due to the 
characteristics of the patient populations served by the residential 
rehabilitation treatment model. In 2005, VA administratively designated 
all MH RRTP facilities as domiciliary care facilities to fully 
integrate mental health; residential rehabilitation; and treatment and 
domiciliary care. VA established the first MH RRTP in 1995. MH RRTPs 
provide comprehensive supervised treatment and rehabilitative services 
to veterans with mental health or substance use disorders, and 
coexisting medical or psychosocial needs such as homelessness and 
unemployment. MH RRTPs identify and address goals of rehabilitation, 
recovery, health maintenance, improved quality of life, and community 
integration in addition to specific treatment of medical conditions, 
mental illnesses, addictive disorders, and homelessness. The 
residential component emphasizes incorporation of clinical treatment 
gains into a lifestyle of self-care and personal responsibility. MH 
RRTPs provide a 24 hours-per-day, 7 days-per-week structured and 
supportive residential environment similar to that in traditional 
domiciliary care. However, there are differences in the type of care 
delivered. The goals of care for residential rehabilitation treatment 
reflect a stronger emphasis on rehabilitative services, including 
professional, counseling, and guidance services as well as treatment 
programs. Rehabilitative services are designed to facilitate the 
process of recovery from injury, illness, or disease. These services 
are intended to restore, to the maximum extent possible, the physical, 
mental, and psychological functioning of veterans receiving residential 
rehabilitation treatment.
    Since 2010, domiciliary care has been included as part of VA's MH 
RRTP, which began in 1995. VA domiciliaries are used currently for VA's 
Domiciliary Residential Rehabilitation Treatment Programs; Domiciliary 
Care for Homeless Veterans Program; Health Maintenance Domiciliary Beds 
Program; General Domiciliary or Psychosocial Residential Rehabilitation 
Treatment Program; Domiciliary Substance Abuse Programs; and 
Domiciliary Post-Traumatic Stress Disorder Programs. These are the 
patient populations currently residing in our domiciliaries. VA 
therefore proposes to update the definition of domiciliary care in 
Sec.  17.30(b) to reflect the scope of clinically intensive 
rehabilitation services included in the program.
    Current Sec.  17.30(b) defines domiciliary care as the furnishing 
of a home to a veteran, embracing the furnishing of shelter, food, 
clothing and other comforts of home, including necessary medical 
services. We would amend this definition by stating that domiciliary 
care means a ``temporary home'' rather than ``home.'' This is 
consistent with VA's long-standing practice of providing domiciliary 
care as a non-permanent living arrangement for eligible veterans. This 
proposed change would not alter VA's commitment to ensure extended or 
geriatric care is available to older

[[Page 14806]]

veterans eligible for VA domiciliary care, that is, those who cannot 
live independently but who do not require admission to a nursing home. 
These veterans receive their domiciliary care through State Veterans 
Homes Domiciliary Programs and VA pays half of the cost of that care 
through per diem payments. We would define domiciliary care to also 
mean a day hospital program consisting of intensive supervised 
rehabilitation and treatment provided in a therapeutic residential 
setting for residents with mental health or substance use disorders, 
and co-occurring medical or psychosocial needs such as homelessness and 
unemployment.
    Current Sec.  17.47 addresses considerations applicable in 
determining eligibility for hospital care, medical services, nursing 
home care, or domiciliary care. Current paragraph (c) clarifies that 
``domiciliary care, as the term implies, is the provision of a home, 
with such ambulant medical care as is needed.'' For the reasons stated 
above, we would amend this paragraph to reflect that domiciliary care 
provides a temporary home.

Effect of Rulemaking

    The CFR, as proposed to be revised by this proposed rule, would 
represent the exclusive legal authority on this subject. No contrary 
rules or procedures are authorized. All VA guidance will be read to 
conform with this proposed rulemaking if possible or, if not possible, 
such guidance will be superseded by this rulemaking.

Paperwork Reduction Act

    This proposed rule contains no provisions constituting a collection 
of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3521).

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act, 5 
U.S.C. 601-612. This proposed rule would directly affect only 
individuals treated within VA and would not affect any small entities. 
Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from 
the initial and final regulatory flexibility analysis requirements of 
sections 603 and 604.

Executive Orders 12866, 13563 and 13771

    Executive Orders (E.O.) 12866 and 13563 direct agencies to assess 
the costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, and other advantages; distributive impacts; 
and equity). E.O. 13563 (Improving Regulation and Regulatory Review) 
emphasizes the importance of quantifying both costs and benefits, 
reducing costs, harmonizing rules, and promoting flexibility. E.O. 
12866 (Regulatory Planning and Review) defines a ``significant 
regulatory action'' requiring review by the Office of Management and 
Budget (OMB), unless OMB waives such review, as ``any regulatory action 
that is likely to result in a rule that may: (1) Have an annual effect 
on the economy of $100 million or more or adversely affect in a 
material way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities; (2) Create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; (3) Materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; or (4) Raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under E.O. 
12866. VA's impact analysis can be found as a supporting document at 
http://www.regulations.gov, usually within 48 hours after the 
rulemaking document is published. Additionally, a copy of the 
rulemaking and its impact analysis are available on VA's website at 
http://www.va.gov/orpm/, by following the link for ``VA Regulations 
Published From FY 2004 Through Fiscal Year to Date.''
    This proposed rule is not expected to be an E.O. 13771 regulatory 
action because this proposed rule is not significant under E.O. 12866.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This proposed rule would have no such 
effect on State, local, and tribal governments, or on the private 
sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are 64.007, Blind Rehabilitation 
Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical 
Care Benefits; 64.010, Veterans Nursing Home Care; 64.011, Veterans 
Dental Care; 64.012, Veterans Prescription Service; 64.013, Veterans 
Prosthetic Appliances; 64.014, Veterans State Domiciliary Care; 64.015, 
Veterans State Nursing Home Care; 64.018, Sharing Specialized Medical 
Resources; 64.019, Veterans Rehabilitation Alcohol and Drug Dependence; 
64.022, Veterans Home Based Primary Care; and 64.024, VA Homeless 
Providers Grant and Per Diem Program.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Claims, Day care, Dental health, Drug abuse, Government contracts, 
Grant programs--health, Grant programs--veterans, Health care, Health 
facilities, Health professions, Health records, Homeless, Medical and 
dental schools, Medical devices, Medical research, Mental health 
programs, Nursing homes, Reporting and recordkeeping requirements, 
Travel and transportation expenses, Veterans.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Gina S. 
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, 
approved this document on February 27, 2018, for publication.

    Dated: April 3, 2018.
Consuela Benjamin,
Regulations Development Coordinator, Office of Regulation Policy & 
Management, Office of the Secretary, Department of Veterans Affairs.

    For the reasons stated in the preamble, Department of Veterans 
Affairs proposes to amend 38 CFR part 17 as follows:

PART 17--MEDICAL

0
1. The authority citation for part 17 continues to read as follows:


[[Page 14807]]


    Authority:  38 U.S.C. 501, and as noted in specific sections.
    Section 17.38 also issued under 38 U.S.C. 101, 501, 1701, 1705, 
1710, 1710A, 1721, 1722, 1782, and 1786.
    Section 17.63 also issued under 38 U.S.C. 1730.
    Section 17.169 also issued under 38 U.S.C. 1712C.
    Sections 17.380 and 17.412 are also issued under sec. 260, 
Public Law 114-223, 130 Stat. 857.
    Section 17.410 is also issued under 38 U.S.C. 1787.
    Section 17.415 is also issued under 38 U.S.C. 7301, 7304, 7402, 
and 7403.
    Sections 17.640 and 17.647 are also issued under sec. 4, Public 
Law 114-2, 129 Stat. 30.
    Sections 17.641 through 17.646 are also issued under 38 U.S.C. 
501(a) and sec. 4, Public Law 114-2, 129 Stat. 30.

0
2. Amend Sec.  17.30 by revising paragraph (b) to read as follows:


Sec.  17.30  Definitions.

* * * * *
    (b) Domiciliary care. The term domiciliary care--
    (1) Means the furnishing of:
    (i) A temporary home to a veteran, embracing the furnishing of 
shelter, food, clothing and other comforts of home, including necessary 
medical services; or
    (ii) A day hospital program consisting of intensive supervised 
rehabilitation and treatment provided in a therapeutic residential 
setting for residents with mental health or substance use disorders, 
and co-occurring medical or psychosocial needs such as homelessness and 
unemployment.
    (2) Includes travel and incidental expenses pursuant to Sec.  70.10 
of this chapter.
* * * * *
0
3. Amend Sec.  17.47 by removing the word ``home'' in the second 
sentence of paragraph (c) and adding, in its place, ``temporary home''.

[FR Doc. 2018-07082 Filed 4-5-18; 8:45 am]
 BILLING CODE 8320-01-P



                                                 14804                      Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules

                                                 • RIN 2900–AL72, Burial Benefits                        not be published in the near future and                would syphon resources from existing
                                                   (April 8, 2008)                                       would ultimately require an evaluation                 modernization priorities, such as
                                                 • RIN 2900–AL74, Apportionments to                      of the feasibility of a one-time                       improvements to the Veterans Benefits
                                                   Dependents and Payments to                            implementation of proposed Part 5. Id.                 Management System and National Work
                                                   Fiduciaries and Incarcerated                          In the interim, VA assured, Part 3                     Queue. This phased rollout minimizes
                                                   Beneficiaries (January 14, 2011)                      regulations would be updated and                       disruption of these major IT
                                                 • RIN 2900–AL76, Benefits for Certain                   improved as needed, to include the type                modernization projects, as well as other
                                                   Filipino Veterans and Survivors (June                 of readability changes proposed for Part               VA initiatives requiring substantial
                                                   30, 2006)                                             5. Id.                                                 personnel or training.
                                                 • RIN 2900–AL82, Rights and                                Over the past five years, such updates                Changes in Part 3 and Part 4
                                                   Responsibilities of Claimants and                     have occurred, see, e.g., 79 FR 32,653                 regulations, to include incorporation of
                                                   Beneficiaries (May 10, 2005)                          (June 6, 2014) (implementing                           proposed Part 5 improvements, where
                                                 • RIN 2900–AL83, Elections of                           improvements sourced in RIN 2900–                      appropriate, can be achieved over a
                                                   Improved Pension; Old-Law and                         AL72), and VA proposes to continue                     number of years. Some of these changes
                                                   Section 306 Pension (December 27,                     this current rulemaking approach—                      are already underway, with VA’s
                                                   2004)                                                 updating Part 3 and Part 4 as needed—                  modernized Part 4, VA Schedule for
                                                 • RIN 2900–AL84, Special and                            but at an accelerated pace designed to                 Rating Disabilities, slated for
                                                   Ancillary Benefits for Veterans,                      also incorporate needed changes from                   publication in the near future. This
                                                   Dependents, and Survivors (March 9,                   proposed Part 5 for clarity and                        multi-year approach minimizes
                                                   2007)                                                 simplicity. Thus, it will not be adopting              disruption on field operations (and
                                                 • RIN 2900–AL87, General Provisions                     a one-time implementation of proposed                  ultimately claim production and
                                                   (March 31, 2006)                                      Part 5. This will avoid the inevitable                 accuracy), as well as VBA Central Office
                                                 • RIN 2900–AL88, Special Ratings                        confusion caused by two co-existing sets               staffing required to implement the
                                                   (October 17, 2008)                                    of regulations and manuals that may or                 revised regulations.
                                                 • RIN 2900–AL89, Dependency and                         may not be applicable depending on the                   For the above reasons, VA is
                                                   Indemnity Compensation Benefits                       date of the claim. It will avoid the                   withdrawing RIN 2900–AO13.
                                                   (October 21, 2005)                                    delays and decreases in productivity
                                                                                                         inherent in any transition where                       Signing Authority
                                                 • RIN 2900–AL94, Dependents and
                                                   Survivors (September 20, 2006)                        adjudicators have to familiarize                         The Secretary of Veterans Affairs, or
                                                 • RIN 2900–AL95, Payments to                            themselves with all new sections and                   designee, approved this document and
                                                   Beneficiaries Who Are Eligible for                    provisions. It will also ease                          authorized the undersigned to sign and
                                                   More than One Benefit (October 2,                     programming complexity and allow                       submit the document to the Office of the
                                                   2007)                                                 VBA to manage the risk associated with                 Federal Register for publication
                                                 • RIN 2900–AM01, General Evidence                       the transition to revised regulations. VA              electronically as an official document of
                                                   Requirements, Effective Dates,                        has already undertaken a review to                     the Department of Veterans Affairs.
                                                   Revision of Decisions, and Protection                 identify and prioritize the needs and                  Jacquelyn Hayes-Byrd, Deputy Chief of
                                                   of Existing Ratings (May 22, 2007)                    expectations for incorporating proposed                Staff, Department of Veterans Affairs,
                                                 • RIN 2900–AM04, Improved Pension                       Part 5 improvements, where possible,                   approved this document on April 3,
                                                                                                         into the current Part 3 and Part 4.                    2018, for publication.
                                                   (September 26, 2007)
                                                                                                            Phased implementation allows for
                                                 • RIN 2900–AM05, Matters Affecting                                                                               Dated: April 3, 2018.
                                                                                                         incremental assessment and
                                                   the Receipt of Benefits (May 31, 2006)                development of the required system                     Jeffrey M. Martin,
                                                 • RIN 2900–AM06, Payments and                           modifications. Controlling the rate of                 Impact Analyst, Office of Regulation Policy
                                                   Adjustments to Payments (October 31,                  rewrite implementation allows VBA to                   & Management, Office of the Secretary,
                                                   2008)                                                                                                        Department of Veterans Affairs.
                                                                                                         retain, plan for, and mitigate adverse
                                                 • RIN 2900–AM07, Service-Connected                      system impacts and development needs                   [FR Doc. 2018–07078 Filed 4–5–18; 8:45 am]
                                                   Disability Compensation (September                    by reordering phases as necessary. The                 BILLING CODE 8320–01–P
                                                   1, 2010)                                              plan also affords VBA flexibility in
                                                 • RIN 2900–AM16, VA Benefit Claims                      scaling personnel and other resource
                                                   (April 14, 2008)                                                                                             DEPARTMENT OF VETERANS
                                                                                                         allocations to each new phase, if
                                                   VA received numerous comments to                                                                             AFFAIRS
                                                                                                         necessary. One-time implementation
                                                 the 20 NPRMs and on November 27,                        would require extensive training for                   38 CFR Part 17
                                                 2013, proposed amendments to the 20                     personnel, as well as costs associated
                                                 NPRMs in one document, RIN 2900–                        with IT equipment, installation,                       RIN 2900–AP00
                                                 AO13. 78 FR at 71,042. VA received                      maintenance, support, and system
                                                 additional comments on AO13, from                       updates. Even though the proposed                      Definition of Domiciliary Care
                                                 private individuals and several Veterans                rules were not intended to alter                       AGENCY:    Department of Veterans Affairs.
                                                 Service Organizations, and VA thanks                    substantive law, they would alter the                  ACTION:   Proposed rule.
                                                 the commenters for the time they                        terminology, section numbers, and
                                                 invested and their input.                               organization of the current regulations                SUMMARY:   The Department of Veterans
                                                   As noted in RIN 2900–AO13, in 2012,                   upon which current VA systems,                         Affairs (VA) proposes to amend its rule
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 the Veterans Benefits Administration                    applications, forms, and tools are based.              defining domiciliary care, to accurately
                                                 (VBA) formulated a Transformation Plan                  Thus, one-time implementation would                    reflect the scope of services currently
                                                 to improve the delivery of benefits to                  involve a rework of numerous                           provided under the Domiciliary Care
                                                 veterans and their dependents and                       computer-based processing                              Program. VA’s Domiciliary Care
                                                 survivors. 78 FR at 71,043. VA                          applications, claims-related training                  Program provides a temporary home to
                                                 acknowledged that, to ensure successful                 tools and materials, quality assurance                 certain veterans, which includes the
                                                 implementation of the plan, a final rule                tools, claims-related forms, and the                   furnishing of shelter, goods, clothing
                                                 with regard to the Rewrite Project would                Adjudication Procedures Manual. It                     and other comforts of home, as well as


                                            VerDate Sep<11>2014   20:58 Apr 05, 2018   Jkt 244001   PO 00000   Frm 00039   Fmt 4702   Sfmt 4702   E:\FR\FM\06APP1.SGM   06APP1


                                                                            Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules                                            14805

                                                 medical services. In 2005 VA designated                 medical services, as well as travel and                veterans with mental health or
                                                 its Mental Health Residential                           incidental expenses pursuant to 38 CFR                 substance use disorders, and coexisting
                                                 Rehabilitation Treatment Program (MH                    70.10. Veterans must meet eligibility                  medical or psychosocial needs such as
                                                 RRTP) as a type of domiciliary care. MH                 criteria found in § 17.46(b) as well as                homelessness and unemployment. MH
                                                 RRTP provides clinically intensive                      § 17.47(b)(2) and (c) to receive                       RRTPs identify and address goals of
                                                 residential rehabilitative services to                  domiciliary care.                                      rehabilitation, recovery, health
                                                 certain mental health patient                              The domiciliary program was                         maintenance, improved quality of life,
                                                 populations. We propose to amend the                    authorized to provide eligible veterans                and community integration in addition
                                                 definition of domiciliary care to reflect               with a home and coordinated                            to specific treatment of medical
                                                 that domiciliary care includes MH                       ambulatory medical care as needed.                     conditions, mental illnesses, addictive
                                                 RRTP. In addition, VA domiciliary care,                 Typically, domiciliaries are co-located                disorders, and homelessness. The
                                                 as a matter of long-standing practice,                  with VA medical centers or exist as                    residential component emphasizes
                                                 includes non-permanent housing, but                     designated bed-settings within the                     incorporation of clinical treatment gains
                                                 this is not clear in the regulation. The                centers. By law, eligible veterans                     into a lifestyle of self-care and personal
                                                 proposed rule would clarify that                        include only: Those whose annual                       responsibility. MH RRTPs provide a 24
                                                 domiciliary care provides temporary,                    income does not exceed the maximum                     hours-per-day, 7 days-per-week
                                                 not permanent, residence to affected                    annual rate of pension payable to a                    structured and supportive residential
                                                 veterans.                                               Veteran in need of regular aid and                     environment similar to that in
                                                 DATES: Comment Date: Comments on
                                                                                                         attendance; or (2) those who have no                   traditional domiciliary care. However,
                                                 the proposed rule must be received by                   adequate means of support, as this                     there are differences in the type of care
                                                 VA on or before June 5, 2018.                           phrase is defined in 38 CFR 17.47(b)(2),               delivered. The goals of care for
                                                                                                         who can perform the activities specified               residential rehabilitation treatment
                                                 ADDRESSES: Written comments may be
                                                                                                         in 38 CFR 17.46(b) but who suffer from                 reflect a stronger emphasis on
                                                 submitted through http://
                                                                                                         a chronic disability, disease, or defect               rehabilitative services, including
                                                 www.Regulations.gov; by mail or hand
                                                                                                         that results in the veteran being unable               professional, counseling, and guidance
                                                 delivery to the Director, Regulation
                                                                                                         to earn a living for a prospective period.             services as well as treatment programs.
                                                 Policy and Management (00REG),
                                                                                                         See 38 CFR 17.47 (b)(2) and (c).                       Rehabilitative services are designed to
                                                 Department of Veterans Affairs, 810                        VA domiciliaries served initially as                facilitate the process of recovery from
                                                 Vermont Avenue NW, Room 1063B,                          ‘‘Soldiers’ Homes’’ for economically-                  injury, illness, or disease. These services
                                                 Washington, DC 20420; or by fax to                      disadvantaged Veterans with chronic                    are intended to restore, to the maximum
                                                 (202) 273–9026. Comments should                         medical needs that can be addressed on                 extent possible, the physical, mental,
                                                 indicate that they are submitted in                     an outpatient basis. Domiciliary care                  and psychological functioning of
                                                 response to ‘‘RIN 2900–AP00—                            provides services to economically-                     veterans receiving residential
                                                 Definition of Domiciliary Care.’’ Copies                disadvantaged veterans, and VA                         rehabilitation treatment.
                                                 of comments received will be available                  remains committed to serving that                         Since 2010, domiciliary care has been
                                                 for public inspection in the Office of                  group. Historically, domiciliary care in               included as part of VA’s MH RRTP,
                                                 Regulation Policy and Management,                       VA has primarily been focused on                       which began in 1995. VA domiciliaries
                                                 Room 1063B between the hours of 8:00                    delivering care to older residents who                 are used currently for VA’s Domiciliary
                                                 a.m. and 4:30 p.m., Monday through                      cannot live independently but who do                   Residential Rehabilitation Treatment
                                                 Friday (except holidays). Please call                   not require admission to a nursing                     Programs; Domiciliary Care for
                                                 (202) 461–4902 for an appointment.                      home. However, ‘‘domiciliary care’’ has                Homeless Veterans Program; Health
                                                 (This is not a toll-free number.) In                    expanded to also provide services to                   Maintenance Domiciliary Beds Program;
                                                 addition, during the comment period,                    veterans who require residential                       General Domiciliary or Psychosocial
                                                 comments may be viewed online                           rehabilitation treatment for mental                    Residential Rehabilitation Treatment
                                                 through the Federal Docket Management                   health or substance use issues. While                  Program; Domiciliary Substance Abuse
                                                 System at www.Regulations.gov.                          the above-referenced statutory                         Programs; and Domiciliary Post-
                                                 FOR FURTHER INFORMATION CONTACT:                        definitions and eligibility criteria still             Traumatic Stress Disorder Programs.
                                                 Jamie R. Ploppert, National Director,                   apply as do the regulatory criteria of                 These are the patient populations
                                                 Mental Health Residential Treatment                     §§ 17.46(b) and 17.47(b)(2), the scope of              currently residing in our domiciliaries.
                                                 Programs (10P4M), Veterans Health                       services furnished under the program                   VA therefore proposes to update the
                                                 Administration, Department of Veterans                  has evolved significantly, requiring                   definition of domiciliary care in
                                                 Affairs, 810 Vermont Avenue NW,                         revision of § 17.30(b) and § 17.47(c). We              § 17.30(b) to reflect the scope of
                                                 Washington, DC 20420 or (757) 722–                      propose to amend the definition of                     clinically intensive rehabilitation
                                                 9991 extension 1123. (This is not a toll-               domiciliary care to reflect that change.               services included in the program.
                                                 free number.)                                              The scope of clinical services                         Current § 17.30(b) defines domiciliary
                                                 SUPPLEMENTARY INFORMATION: Title 38,                    available to VA domiciliary residents                  care as the furnishing of a home to a
                                                 United States Code (U.S.C.), section                    has necessarily become specialized over                veteran, embracing the furnishing of
                                                 1710(b)(2) authorizes VA to provide                     time due to the characteristics of the                 shelter, food, clothing and other
                                                 needed domiciliary care to veterans                     patient populations served by the                      comforts of home, including necessary
                                                 whose annual income does not exceed                     residential rehabilitation treatment                   medical services. We would amend this
                                                 the applicable maximum annual rate of                   model. In 2005, VA administratively                    definition by stating that domiciliary
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                                                 VA pension and to veterans who have                     designated all MH RRTP facilities as                   care means a ‘‘temporary home’’ rather
                                                 no adequate means of support. The term                  domiciliary care facilities to fully                   than ‘‘home.’’ This is consistent with
                                                 ‘‘domiciliary care’’ is currently defined               integrate mental health; residential                   VA’s long-standing practice of providing
                                                 at 38 Code of Federal Regulations (CFR)                 rehabilitation; and treatment and                      domiciliary care as a non-permanent
                                                 17.30(b) as the furnishing of a home to                 domiciliary care. VA established the                   living arrangement for eligible veterans.
                                                 a veteran, embracing the furnishing of                  first MH RRTP in 1995. MH RRTPs                        This proposed change would not alter
                                                 shelter, food, clothing and other                       provide comprehensive supervised                       VA’s commitment to ensure extended or
                                                 comforts of home, including necessary                   treatment and rehabilitative services to               geriatric care is available to older


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                                                 14806                      Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules

                                                 veterans eligible for VA domiciliary                    and benefits of available regulatory                   (adjusted annually for inflation) in any
                                                 care, that is, those who cannot live                    alternatives and, when regulation is                   one year. This proposed rule would
                                                 independently but who do not require                    necessary, to select regulatory                        have no such effect on State, local, and
                                                 admission to a nursing home. These                      approaches that maximize net benefits                  tribal governments, or on the private
                                                 veterans receive their domiciliary care                 (including potential economic,                         sector.
                                                 through State Veterans Homes                            environmental, public health and safety
                                                                                                                                                                Catalog of Federal Domestic Assistance
                                                 Domiciliary Programs and VA pays half                   effects, and other advantages;
                                                 of the cost of that care through per diem               distributive impacts; and equity). E.O.                  The Catalog of Federal Domestic
                                                 payments. We would define domiciliary                   13563 (Improving Regulation and                        Assistance numbers and titles for the
                                                 care to also mean a day hospital                        Regulatory Review) emphasizes the                      programs affected by this document are
                                                 program consisting of intensive                         importance of quantifying both costs                   64.007, Blind Rehabilitation Centers;
                                                 supervised rehabilitation and treatment                 and benefits, reducing costs,                          64.008, Veterans Domiciliary Care;
                                                 provided in a therapeutic residential                   harmonizing rules, and promoting                       64.009, Veterans Medical Care Benefits;
                                                 setting for residents with mental health                flexibility. E.O. 12866 (Regulatory                    64.010, Veterans Nursing Home Care;
                                                 or substance use disorders, and co-                     Planning and Review) defines a                         64.011, Veterans Dental Care; 64.012,
                                                 occurring medical or psychosocial                       ‘‘significant regulatory action’’ requiring            Veterans Prescription Service; 64.013,
                                                 needs such as homelessness and                          review by the Office of Management and                 Veterans Prosthetic Appliances; 64.014,
                                                 unemployment.                                           Budget (OMB), unless OMB waives such                   Veterans State Domiciliary Care; 64.015,
                                                   Current § 17.47 addresses                             review, as ‘‘any regulatory action that is             Veterans State Nursing Home Care;
                                                 considerations applicable in                            likely to result in a rule that may: (1)               64.018, Sharing Specialized Medical
                                                 determining eligibility for hospital care,              Have an annual effect on the economy                   Resources; 64.019, Veterans
                                                 medical services, nursing home care, or                 of $100 million or more or adversely                   Rehabilitation Alcohol and Drug
                                                 domiciliary care. Current paragraph (c)                 affect in a material way the economy, a                Dependence; 64.022, Veterans Home
                                                 clarifies that ‘‘domiciliary care, as the               sector of the economy, productivity,                   Based Primary Care; and 64.024, VA
                                                 term implies, is the provision of a home,               competition, jobs, the environment,                    Homeless Providers Grant and Per Diem
                                                 with such ambulant medical care as is                   public health or safety, or State, local,              Program.
                                                 needed.’’ For the reasons stated above,                 or tribal governments or communities;                  List of Subjects in 38 CFR Part 17
                                                 we would amend this paragraph to                        (2) Create a serious inconsistency or
                                                                                                         otherwise interfere with an action taken                 Administrative practice and
                                                 reflect that domiciliary care provides a
                                                                                                         or planned by another agency; (3)                      procedure, Alcohol abuse, Alcoholism,
                                                 temporary home.
                                                                                                         Materially alter the budgetary impact of               Claims, Day care, Dental health, Drug
                                                 Effect of Rulemaking                                    entitlements, grants, user fees, or loan               abuse, Government contracts, Grant
                                                   The CFR, as proposed to be revised by                 programs or the rights and obligations of              programs—health, Grant programs—
                                                 this proposed rule, would represent the                 recipients thereof; or (4) Raise novel                 veterans, Health care, Health facilities,
                                                 exclusive legal authority on this subject.              legal or policy issues arising out of legal            Health professions, Health records,
                                                 No contrary rules or procedures are                     mandates, the President’s priorities, or               Homeless, Medical and dental schools,
                                                 authorized. All VA guidance will be                     the principles set forth in this Executive             Medical devices, Medical research,
                                                 read to conform with this proposed                      Order.’’                                               Mental health programs, Nursing
                                                 rulemaking if possible or, if not                          The economic, interagency,                          homes, Reporting and recordkeeping
                                                 possible, such guidance will be                         budgetary, legal, and policy                           requirements, Travel and transportation
                                                 superseded by this rulemaking.                          implications of this regulatory action                 expenses, Veterans.
                                                                                                         have been examined, and it has been                    Signing Authority
                                                 Paperwork Reduction Act                                 determined not to be a significant
                                                   This proposed rule contains no                        regulatory action under E.O. 12866.                      The Secretary of Veterans Affairs, or
                                                 provisions constituting a collection of                 VA’s impact analysis can be found as a                 designee, approved this document and
                                                 information under the Paperwork                         supporting document at http://                         authorized the undersigned to sign and
                                                 Reduction Act of 1995 (44 U.S.C. 3501–                  www.regulations.gov, usually within 48                 submit the document to the Office of the
                                                 3521).                                                  hours after the rulemaking document is                 Federal Register for publication
                                                                                                         published. Additionally, a copy of the                 electronically as an official document of
                                                 Regulatory Flexibility Act                              rulemaking and its impact analysis are                 the Department of Veterans Affairs. Gina
                                                   The Secretary hereby certifies that                   available on VA’s website at http://                   S. Farrisee, Deputy Chief of Staff,
                                                 this proposed rule would not have a                     www.va.gov/orpm/, by following the                     Department of Veterans Affairs,
                                                 significant economic impact on a                        link for ‘‘VA Regulations Published                    approved this document on February
                                                 substantial number of small entities as                 From FY 2004 Through Fiscal Year to                    27, 2018, for publication.
                                                 they are defined in the Regulatory                      Date.’’                                                   Dated: April 3, 2018.
                                                 Flexibility Act, 5 U.S.C. 601–612. This                    This proposed rule is not expected to               Consuela Benjamin,
                                                 proposed rule would directly affect only                be an E.O. 13771 regulatory action                     Regulations Development Coordinator, Office
                                                 individuals treated within VA and                       because this proposed rule is not                      of Regulation Policy & Management, Office
                                                 would not affect any small entities.                    significant under E.O. 12866.                          of the Secretary, Department of Veterans
                                                 Therefore, pursuant to 5 U.S.C. 605(b),                                                                        Affairs.
                                                                                                         Unfunded Mandates
                                                 this rulemaking is exempt from the                                                                               For the reasons stated in the
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                                                 initial and final regulatory flexibility                   The Unfunded Mandates Reform Act
                                                                                                                                                                preamble, Department of Veterans
                                                 analysis requirements of sections 603                   of 1995 requires, at 2 U.S.C. 1532, that
                                                                                                                                                                Affairs proposes to amend 38 CFR part
                                                 and 604.                                                agencies prepare an assessment of
                                                                                                                                                                17 as follows:
                                                                                                         anticipated costs and benefits before
                                                 Executive Orders 12866, 13563 and                       issuing any rule that may result in the
                                                 13771                                                                                                          PART 17—MEDICAL
                                                                                                         expenditure by State, local, and tribal
                                                   Executive Orders (E.O.) 12866 and                     governments, in the aggregate, or by the               ■ 1. The authority citation for part 17
                                                 13563 direct agencies to assess the costs               private sector, of $100 million or more                continues to read as follows:


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                                                                            Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules                                           14807

                                                    Authority: 38 U.S.C. 501, and as noted in            ACTION:   Proposed rule.                               making effective comments, please visit
                                                 specific sections.                                                                                             http://www2.epa.gov/dockets/
                                                    Section 17.38 also issued under 38 U.S.C.            SUMMARY:   On May 31, 2017, the State of               commenting-epa-dockets.
                                                 101, 501, 1701, 1705, 1710, 1710A, 1721,                Colorado submitted State
                                                 1722, 1782, and 1786.                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                         Implementation Plan (SIP) revisions
                                                    Section 17.63 also issued under 38 U.S.C.                                                                   Abby Fulton, Air Program, U.S.
                                                                                                         related to attainment of the 2008 8-hour
                                                 1730.                                                                                                          Environmental Protection Agency
                                                    Section 17.169 also issued under 38 U.S.C.           ozone National Ambient Air Quality
                                                                                                                                                                (EPA), Region 8, Mail Code 8P–AR,
                                                 1712C.                                                  Standards (NAAQS) for the Denver
                                                                                                                                                                1595 Wynkoop Street, Denver, Colorado
                                                    Sections 17.380 and 17.412 are also issued           Metro/North Front Range (DMNFR)
                                                                                                                                                                80202–1129, (303) 312–6563,
                                                 under sec. 260, Public Law 114–223, 130                 Moderate nonattainment area by the
                                                 Stat. 857.                                                                                                     fulton.abby@epa.gov.
                                                                                                         applicable attainment date of July 20,
                                                    Section 17.410 is also issued under 38               2018. The Environmental Protection                     SUPPLEMENTARY INFORMATION:
                                                 U.S.C. 1787.                                            Agency (EPA) proposes to approve the
                                                    Section 17.415 is also issued under 38                                                                      I. What action is the Agency taking?
                                                                                                         majority of the submittal, which
                                                 U.S.C. 7301, 7304, 7402, and 7403.                                                                                As explained below, the EPA is
                                                    Sections 17.640 and 17.647 are also issued           includes an attainment demonstration,
                                                                                                         base and future year emission                          proposing various actions on Colorado’s
                                                 under sec. 4, Public Law 114–2, 129 Stat. 30.                                                                  proposed revisions to its SIP that it
                                                    Sections 17.641 through 17.646 are also              inventories, a reasonable further
                                                 issued under 38 U.S.C. 501(a) and sec. 4,               progress (RFP) demonstration, a                        submitted to the EPA on May 5, 2013,
                                                 Public Law 114–2, 129 Stat. 30.                         reasonably available control measures                  and May 31, 2017. Specifically, we are
                                                                                                         (RACM) analysis, a motor vehicle                       proposing to approve Colorado’s 2017
                                                 ■ 2. Amend § 17.30 by revising                                                                                 attainment demonstration for the 2008
                                                 paragraph (b) to read as follows:                       inspection and maintenance (I/M)
                                                                                                         program in Colorado Regulation                         8-hour ozone NAAQS. In addition, we
                                                 § 17.30   Definitions.                                  Number 11 (Reg. No. 11), a                             propose to approve the MVEBs
                                                 *       *    *    *     *                               nonattainment new source review                        contained in the State’s submittal. We
                                                    (b) Domiciliary care. The term                       (NNSR) program, a contingency                          also propose to approve all other aspects
                                                 domiciliary care—                                       measures plan, 2017 motor vehicle                      of the submittal, except for certain area
                                                    (1) Means the furnishing of:                         emissions budgets (MVEBs) for                          source categories and major source
                                                    (i) A temporary home to a veteran,                   transportation conformity, and revisions               RACT, which we will be acting on at a
                                                 embracing the furnishing of shelter,                    to Colorado Regulation Number 7 (Reg.                  later date. We propose to approve the
                                                 food, clothing and other comforts of                    No. 7). The EPA is also proposing to                   revisions to Colorado’s Reg. 11 and 7,
                                                 home, including necessary medical                       approve portions of the reasonably                     except for Section X.E of Reg. 7, which
                                                 services; or                                            available control technology (RACT)                    we will be acting on at a later date. We
                                                    (ii) A day hospital program consisting               analysis. Finally, the EPA proposes to                 propose to approve the revisions to
                                                 of intensive supervised rehabilitation                  approve revisions made to Colorado’s                   Colorado Reg. 7 Sections I, II, VI, VII,
                                                 and treatment provided in a therapeutic                 Reg. No. 7 in a May 5, 2013 SIP                        VIII, and IX from the State’s May 5, 2013
                                                 residential setting for residents with                  submission. This action is being taken                 submittal.
                                                 mental health or substance use                          in accordance with the Clean Air Act                      The specific bases for our proposed
                                                 disorders, and co-occurring medical or                  (CAA).                                                 actions and our analyses and findings
                                                 psychosocial needs such as                                                                                     are discussed in this proposed
                                                 homelessness and unemployment.                          DATES:  Comments must be received on                   rulemaking. Technical information that
                                                    (2) Includes travel and incidental                   or before May 7, 2018.                                 we rely upon in this proposal is
                                                 expenses pursuant to § 70.10 of this                    ADDRESSES: Submit your comments,                       contained in the docket, available at
                                                 chapter.                                                identified by Docket ID No. EPA–R08–                   http://www.regulations.gov, Docket No.
                                                 *       *    *    *     *                               OAR–2017–0567, at http://                              EPA–R08–OAR–2017–0567.
                                                 ■ 3. Amend § 17.47 by removing the                      www.regulations.gov. Follow the online
                                                                                                         instructions for submitting comments.                  II. Background
                                                 word ‘‘home’’ in the second sentence of
                                                 paragraph (c) and adding, in its place,                 Once submitted, comments cannot be                       On March 12, 2008, the EPA revised
                                                 ‘‘temporary home’’.                                     edited or removed from Regulations.gov.                both the primary and secondary NAAQS
                                                 [FR Doc. 2018–07082 Filed 4–5–18; 8:45 am]
                                                                                                         The EPA may publish any comment                        for ozone to a level of 0.075 parts per
                                                                                                         received to its public docket. Do not                  million (ppm) (based on the annual
                                                 BILLING CODE 8320–01–P
                                                                                                         submit electronically any information                  fourth-highest daily maximum 8-hour
                                                                                                         you consider to be Confidential                        average concentration, averaged over 3
                                                                                                         Business Information (CBI) or other                    years) to provide increased protection of
                                                 ENVIRONMENTAL PROTECTION                                information whose disclosure is                        public health and the environment (73
                                                 AGENCY                                                  restricted by statute. Multimedia                      FR 16436, March 27, 2008). The 2008
                                                 40 CFR Part 52                                          submissions (audio, video, etc.) must be               ozone NAAQS retains the same general
                                                                                                         accompanied by a written comment.                      form and averaging time as the 0.08
                                                 [EPA–R08–OAR–2017–0567, FRL–9975–                       The written comment is considered the                  ppm NAAQS set in 1997, but is set at
                                                 09—Region 8]                                            official comment and should include                    a more protective level. Specifically, the
                                                                                                         discussion of all points you wish to                   2008 8-hour ozone NAAQS is attained
                                                 Promulgation of State Implementation
                                                                                                         make. The EPA will generally not                       when the 3-year average of the annual
                                                 Plan Revisions; Colorado; Attainment
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                                                                                                         consider comments or comment                           fourth-highest daily maximum 8-hour
                                                 Demonstration for the 2008 8-Hour
                                                                                                         contents located outside of the primary                average ambient air quality ozone
                                                 Ozone Standard for the Denver Metro/
                                                                                                         submission (i.e., on the web, cloud, or                concentrations is less than or equal to
                                                 North Front Range Nonattainment
                                                                                                         other file sharing system). For                        0.075 ppm. See 40 CFR 50.15.
                                                 Area, and Approval of Related
                                                                                                         additional submission methods, the full                  Effective July 20, 2012, the EPA
                                                 Revisions
                                                                                                         EPA public comment policy,                             designated as nonattainment any area
                                                 AGENCY: Environmental Protection                        information about CBI or multimedia                    that was violating the 2008 8-hour
                                                 Agency (EPA).                                           submissions, and general guidance on                   ozone NAAQS based on the three most


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Document Created: 2018-11-01 09:15:32
Document Modified: 2018-11-01 09:15:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComment Date: Comments on the proposed rule must be received by VA on or before June 5, 2018.
ContactJamie R. Ploppert, National Director, Mental Health Residential Treatment Programs (10P4M), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or (757) 722-9991 extension 1123. (This is not a toll-free number.)
FR Citation83 FR 14804 
RIN Number2900-AP00
CFR AssociatedAdministrative Practice and Procedure; Alcohol Abuse; Alcoholism; Claims; Day Care; Dental Health; Drug Abuse; Government Contracts; Grant Programs-Health; Grant Programs-Veterans; Health Care; Health Facilities; Health Professions; Health Records; Homeless; Medical and Dental Schools; Medical Devices; Medical Research; Mental Health Programs; Nursing Homes; Reporting and Recordkeeping Requirements; Travel and Transportation Expenses and Veterans

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