83_FR_48566 83 FR 48380 - Definition of Domiciliary Care

83 FR 48380 - Definition of Domiciliary Care

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 83, Issue 186 (September 25, 2018)

Page Range48380-48382
FR Document2018-20707

The Department of Veterans Affairs (VA) adopts as final, with no changes, a proposed rule amending the definition of domiciliary care to encompass VA's Mental Health Residential Rehabilitation Treatment Program (MH RRTP). This rule aligns regulations with VA's administrative decision in 2005 to designate MH RRTP as a type of domiciliary care. We also proposed clarifying that domiciliary care provides temporary, not permanent, residence to affected veterans. We provided a 60-day comment period on this proposed rule and received 4 comments, all of which were generally supportive of the proposed changes. We make no changes based on public comments and adopt the proposed rule as final.

Federal Register, Volume 83 Issue 186 (Tuesday, September 25, 2018)
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Rules and Regulations]
[Pages 48380-48382]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20707]


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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: Final rule.

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

SUMMARY: The Department of Veterans Affairs (VA) adopts as final, with 
no

[[Page 48381]]

changes, a proposed rule amending the definition of domiciliary care to 
encompass VA's Mental Health Residential Rehabilitation Treatment 
Program (MH RRTP). This rule aligns regulations with VA's 
administrative decision in 2005 to designate MH RRTP as a type of 
domiciliary care. We also proposed clarifying that domiciliary care 
provides temporary, not permanent, residence to affected veterans. We 
provided a 60-day comment period on this proposed rule and received 4 
comments, all of which were generally supportive of the proposed 
changes. We make no changes based on public comments and adopt the 
proposed rule as final.

DATES: Effective Date: This rule is effective on October 25, 2018.

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; (757) 722-9991 extension 1123. (This is not a 
toll-free number.)

SUPPLEMENTARY INFORMATION: Title 38, United States Code, 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. 
Prior to the proposed changes to the definition ``domiciliary care'' 
was defined at 38 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 
eligible for domiciliary care 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 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).
    The domiciliary program is 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.
    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. Sec.  
17.30(b) and 17.47(c). We proposed 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's supervision of 
domiciliary care facilities was moved from the Office of Geriatrics and 
Extended Care to the Office of Mental Health Services. In 2010, VA 
merged domiciliary care facilities and RRTPs (which began in 1995) into 
one system of residential care under the MH RRTP designation to fully 
integrate mental health residential rehabilitation and treatment and 
domiciliary care. 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. 
These services are intended to restore, to the maximum extent possible, 
the physical, mental, and psychological functioning of veterans 
receiving residential rehabilitation treatment. 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 (PTSD) programs.
    On April 6, 2018, we proposed amending the definition of 
domiciliary care in Sec.  17.30(b) to also include MH RRTP. (83 FR 
14804). We also proposed clarifying in both Sec. Sec.  17.30(b) and 
17.47(c) that domiciliary care provides a temporary home, not 
permanent. This clarification is consistent with VA's long-standing 
practice of providing domiciliary care as a non-permanent living 
arrangement for eligible veterans.
    We provided a 60-day period in which the public had the opportunity 
to submit comments on the proposed rule. The comment period ended on 
June 5, 2018, and we received 4 comments, all of which were generally 
supportive of the proposed changes. One commenter stated that he 
supported the effort to provide clear and concise rules regarding the 
scope of domiciliary care. Another commenter stated that providing 
domiciliary care consistent with the proposed rule supports the 
services that homeless veterans need such as mental health, counseling, 
and substance treatment while providing a chance to implement change in 
their life and creating realistic timelines to facilitate progress.
    We appreciate the comments and believe that the MH RRTP provides 
important and necessary support to those veterans requiring such 
services. We make no changes based on public comments.
    Based on the rationale set forth in the proposed rule and in this 
document, VA adopts the proposed rule as final, with no changes.

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
final rulemaking, represents VA's implementation of its legal authority 
on this subject. Other than future amendments to this regulation or 
governing statutes, no contrary guidance or procedures are authorized. 
All existing or subsequent VA guidance must be read to conform with 
this rulemaking if possible or, if not possible, such guidance is 
superseded by this rulemaking.

Paperwork Reduction Act

    This final 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 final rule will 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 final rule directly affects only individuals and will not 
directly affect 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 5 U.S.C. 603 and 604.

Executive Orders 12866, 13563, and 13771

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, when 
regulation is

[[Page 48382]]

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). 
Executive Order 13563 (Improving Regulation and Regulatory Review) 
emphasizes the importance of quantifying both costs and benefits, 
reducing costs, harmonizing rules, and promoting flexibility. Executive 
Order 12866 (Regulatory Planning and Review) defines a ``significant 
regulatory action,'' which requires review by the Office of Management 
and Budget (OMB), 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.'' VA has examined the economic, interagency, 
budgetary, legal, and policy implications of this regulatory action and 
determined that the action is not a significant regulatory action under 
Executive Order 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 FYTD. This rule is not an E.O. 13771 
regulatory action because this 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 final rule will 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 64.005--Grants to States for 
Construction of State Home Facilities; 64.008--Veterans Domiciliary 
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; 64.024--VA 
Homeless Providers Grant and Per Diem Program; 64.026--Veterans State 
Adult Day Health Care; 64.033--VA Supportive Services for Veteran 
Families Program; 64.035--Veterans Transportation Program; 64.040--VHA 
Inpatient Medicine; 64.041--VHA Outpatient Specialty Care; 64.042--VHA 
Inpatient Surgery; 64.043--VHA Mental Health Residential; 64.044--VHA 
Home Care; 64.045--VHA Outpatient Ancillary Services; 64.046--VHA 
Inpatient Psychiatry; 64.047--VHA Primary Care; 64.048--VHA Mental 
Health clinics; 64.049--VHA Community Living Center; 64.050--VHA 
Diagnostic Care; 64.054--Research and Development.

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 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. Robert L. 
Wilkie, Secretary, Department of Veterans Affairs, approved this 
document on September 19, 2018, for publication.

    Dated: September 19, 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 amends 38 CFR part 17 as follows:

PART 17--MEDICAL

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

    Authority: 38 U.S.C. 501, and as noted in specific sections.
    Section 17.35 is also issued under 38 U.S.C. 1724.
    Section 17.38 is also issued under 38 U.S.C. 101, 501, 1701, 
1705, 1710, 1710A, 1721, 1722, 1782, and 1786.
    Section 17.125 is also issued under 38 U.S.C. 7304.
    Section 17.169 is also issued under 38 U.S.C. 1712C.
    Sections 17.380, 17.390 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.
    Section 17.417 also issued under 38 U.S.C. 1701 (note), 1709A, 
1712A (note), 1722B, 7301, 7330A, 7401-7403, 7406 (note).
    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.
    Section 17.655 also issued under 38 U.S.C. 501(a), 7304, 7405.

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.

(Authority: 38 U.S.C. 1701(4))

Sec.  17.47   [Amended]

0
3. Amend Sec.  17.47(c) by removing the word ``home'' and adding in its 
place the words ``temporary home''.

[FR Doc. 2018-20707 Filed 9-24-18; 8:45 am]
 BILLING CODE 8320-01-P



                                             48380            Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations

                                             Small Business Regulatory Enforcement                   Consultation With Indian Tribes                       Order 13211. A Statement of Energy
                                             Fairness Act                                            (Executive Order 13175 and                            Effects in not required.
                                                This rule is not a major rule under 5                Department Policy)
                                                                                                                                                           List of Subjects in 36 CFR Part 7
                                             U.S.C. 804(2), the Small Business                          The Department of the Interior strives               District of Columbia, National parks,
                                             Regulatory Enforcement Fairness Act.                    to strengthen its government-to-                      Reporting and Recordkeeping
                                             This rule:                                              government relationship with Indian                   requirements.
                                                (a) Does not have an annual effect on                Tribes through a commitment to
                                                                                                                                                             In consideration of the foregoing, the
                                             the economy of $100 million or more.                    consultation with Indian Tribes and
                                                                                                                                                           National Park Service amends 36 CFR
                                                (b) Will not cause a major increase in               recognition of their right to self-
                                                                                                                                                           part 7 as set forth below:
                                             costs or prices for consumers,                          governance and tribal sovereignty. The
                                             individual industries, Federal, State, or               NPS has evaluated this rule under the                 PART 7—SPECIAL REGULATIONS,
                                             local government agencies, or                           criteria in Executive Order 13175 and                 AREAS OF THE NATIONAL PARK
                                             geographic regions.                                     under the Department’s tribal                         SYSTEM
                                                (c) Does not have significant adverse                consultation policy and has determined
                                             effects on competition, employment,                     that tribal consultation is not required              ■ 1. The authority citation for part 7
                                             investment, productivity, innovation, or                because the rule will have no                         continues to read as follows:
                                             the ability of U.S.-based enterprises to                substantial direct effect on federally                  Authority: 54 U.S.C. 100101, 100751,
                                             compete with foreign-based enterprises.                 recognized Indian tribes.                             320102; Sec. 7.96 also issued under DC Code
                                                                                                        Nevertheless, the NPS recognizes that              10–137 and DC Code 50–2201.07.
                                             Unfunded Mandates Reform Act
                                                                                                     the park contains significant                         ■   2. Add § 7.95 to read as follows:
                                                This rule does not impose an                         archeological sites and the Trail of
                                             unfunded mandate on State, local, or                    Tears, which are considered very                      § 7.95   Pea Ridge National Military Park.
                                             tribal governments or the private sector                important to the following tribes:                      (a) Bicycle use. (1) The
                                             of more than $100 million per year. The                 Absentee Shawnee Tribe, Cherokee                      Superintendent may designate all or
                                             rule does not have a significant or                     Nation of Oklahoma, Jena Band of the                  portions of the following trails as open
                                             unique effect on State, local or tribal                 Choctaw Indians, The Osage Nation,                    to bicycle use:
                                             governments or the private sector. It                   Shawnee Tribe of Oklahoma, Quapaw                       (i) A trail from U.S. Highway 62 to the
                                             addresses public use of national park                   Tribe of Oklahoma, United Keetoowah                   visitor center (approximately 0.55
                                             lands, and imposes no requirements on                   Band of Cherokee Indians, The                         miles).
                                             other agencies or governments. A                        Chickasaw Nation, Caddo Nation, and                     (ii) A trail from Arkansas Highway 72
                                             statement containing the information                    the Muscogee (Creek) Nation. The park                 to the Sugar Creek Greenway on the
                                             required by the Unfunded Mandates                       consulted with these tribes throughout                western edge of the park (approximately
                                             Reform Act (2 U.S.C. 1531 et seq.) is not               the development of the EA and                         1.17 miles).
                                             required.                                               incorporated comments by adjusting                      (2) A map showing trails open to
                                                                                                     trails to mitigate or avoid impacts to                bicycle use will be available at park
                                             Takings (Executive Order 12630)
                                                                                                     these areas of interest.                              visitor centers and posted on the park
                                               This rule does not effect a taking of                                                                       website. The Superintendent will
                                             private property or otherwise have                      Paperwork Reduction Act                               provide notice of all bicycle route
                                             takings implications under Executive                      This rule does not contain                          designations in accordance with § 1.7 of
                                             Order 12630. A takings implication                      information collection requirements,                  this chapter. The Superintendent may
                                             assessment is not required.                             and a submission to the Office of                     limit, restrict, or impose conditions on
                                                                                                     Management and Budget under the                       bicycle use, or close any trail to bicycle
                                             Federalism (Executive Order 13132)
                                                                                                     Paperwork Reduction Act is not                        use, or terminate such conditions,
                                               Under the criteria in section 1 of                    required. The NPS may not conduct or                  closures, limits, or restrictions in
                                             Executive Order 13132, the rule does                    sponsor and you are not required to                   accordance with § 4.30 of this chapter.
                                             not have sufficient federalism                          respond to a collection of information                  (b) [Reserved]
                                             implications to warrant the preparation                 unless it displays a currently valid OMB              Andrea Travnicek,
                                             of a Federalism summary impact                          control number.
                                             statement. This rule only affects use of                                                                      Principal Deputy Assistant Secretary—Water
                                             federally-administered lands and                        National Environmental Policy Act                     and Science, Exercising the Authority of the
                                                                                                                                                           Assistant Secretary for Fish and Wildlife and
                                             waters. It has no outside effects on other                 This rule does not constitute a major              Parks.
                                             areas. A Federalism summary impact                      Federal action significantly affecting the            [FR Doc. 2018–20693 Filed 9–24–18; 8:45 am]
                                             statement is not required.                              quality of the human environment. A
                                                                                                                                                           BILLING CODE 4310–EJ–P
                                                                                                     detailed statement under the National
                                             Civil Justice Reform (Executive Order
                                                                                                     Environmental Policy Act of 1969 is not
                                             12988)
                                                                                                     required because the NPS reached a
                                                This rule complies with the                          Finding of No Significant Impact. A                   DEPARTMENT OF VETERANS
                                             requirements of Executive Order 12988.                  copy of the EA and FONSI can be found                 AFFAIRS
                                             This rule:                                              online at http://parkplanning.nps.gov/                38 CFR Part 17
                                                (a) Meets the criteria of section 3(a)               peri, by clicking on the link entitled
                                             requiring that all regulations be                       ‘‘Trail Master Plan/Environmental                     RIN 2900–AP00
                                             reviewed to eliminate errors and
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                                                                                                     Assessment’’ and then clicking on the
                                             ambiguity and be written to minimize                    link entitled ‘‘Document List.’’                      Definition of Domiciliary Care
                                             litigation; and                                                                                               AGENCY:    Department of Veterans Affairs.
                                                (b) Meets the criteria of section 3(b)(2)            Effects on the Energy Supply (Executive
                                                                                                     Order 13211)                                          ACTION:   Final rule.
                                             requiring that all regulations be written
                                             in clear language and contain clear legal                 This rule is not a significant energy               SUMMARY:  The Department of Veterans
                                             standards.                                              action under the definition in Executive              Affairs (VA) adopts as final, with no


                                        VerDate Sep<11>2014   16:30 Sep 24, 2018   Jkt 244001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\25SER1.SGM   25SER1


                                                              Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations                                       48381

                                             changes, a proposed rule amending the                      While the above-referenced statutory               The comment period ended on June 5,
                                             definition of domiciliary care to                       definitions and eligibility criteria still            2018, and we received 4 comments, all
                                             encompass VA’s Mental Health                            apply as do the regulatory criteria of                of which were generally supportive of
                                             Residential Rehabilitation Treatment                    §§ 17.46(b) and 17.47(b)(2), the scope of             the proposed changes. One commenter
                                             Program (MH RRTP). This rule aligns                     services furnished under the program                  stated that he supported the effort to
                                             regulations with VA’s administrative                    has evolved significantly, requiring                  provide clear and concise rules
                                             decision in 2005 to designate MH RRTP                   revision of §§ 17.30(b) and 17.47(c). We              regarding the scope of domiciliary care.
                                             as a type of domiciliary care. We also                  proposed to amend the definition of                   Another commenter stated that
                                             proposed clarifying that domiciliary                    domiciliary care to reflect that change.              providing domiciliary care consistent
                                             care provides temporary, not                               The scope of clinical services                     with the proposed rule supports the
                                             permanent, residence to affected                        available to VA domiciliary residents                 services that homeless veterans need
                                             veterans. We provided a 60-day                          has necessarily become specialized over               such as mental health, counseling, and
                                             comment period on this proposed rule                    time due to the characteristics of the                substance treatment while providing a
                                             and received 4 comments, all of which                   patient populations served by the                     chance to implement change in their life
                                             were generally supportive of the                        residential rehabilitation treatment                  and creating realistic timelines to
                                             proposed changes. We make no changes                    model. In 2005, VA’s supervision of                   facilitate progress.
                                             based on public comments and adopt                      domiciliary care facilities was moved                   We appreciate the comments and
                                             the proposed rule as final.                             from the Office of Geriatrics and                     believe that the MH RRTP provides
                                                                                                     Extended Care to the Office of Mental                 important and necessary support to
                                             DATES:  Effective Date: This rule is                    Health Services. In 2010, VA merged
                                             effective on October 25, 2018.                                                                                those veterans requiring such services.
                                                                                                     domiciliary care facilities and RRTPs                 We make no changes based on public
                                             FOR FURTHER INFORMATION CONTACT:                        (which began in 1995) into one system                 comments.
                                             Jamie R. Ploppert, National Director,                   of residential care under the MH RRTP                   Based on the rationale set forth in the
                                             Mental Health Residential Treatment                     designation to fully integrate mental                 proposed rule and in this document, VA
                                             Programs (10P4M), Veterans Health                       health residential rehabilitation and                 adopts the proposed rule as final, with
                                             Administration, Department of Veterans                  treatment and domiciliary care. MH                    no changes.
                                             Affairs, 810 Vermont Avenue NW,                         RRTPs provide comprehensive
                                             Washington, DC 20420; (757) 722–9991                    supervised treatment and rehabilitative               Effect of Rulemaking
                                             extension 1123. (This is not a toll-free                services to veterans with mental health                 Title 38 of the Code of Federal
                                             number.)                                                or substance use disorders, and                       Regulations, as revised by this final
                                             SUPPLEMENTARY INFORMATION:      Title 38,               coexisting medical or psychosocial                    rulemaking, represents VA’s
                                             United States Code, section 1710(b)(2)                  needs such as homelessness and                        implementation of its legal authority on
                                             authorizes VA to provide needed                         unemployment. MH RRTPs identify and                   this subject. Other than future
                                                                                                     address goals of rehabilitation, recovery,            amendments to this regulation or
                                             domiciliary care to veterans whose
                                                                                                     health maintenance, improved quality                  governing statutes, no contrary guidance
                                             annual income does not exceed the
                                                                                                     of life, and community integration in                 or procedures are authorized. All
                                             applicable maximum annual rate of VA
                                                                                                     addition to specific treatment of medical             existing or subsequent VA guidance
                                             pension and to veterans who have no
                                                                                                     conditions, mental illnesses, addictive               must be read to conform with this
                                             adequate means of support. Prior to the
                                                                                                     disorders, and homelessness. These                    rulemaking if possible or, if not
                                             proposed changes to the definition
                                                                                                     services are intended to restore, to the              possible, such guidance is superseded
                                             ‘‘domiciliary care’’ was defined at 38
                                                                                                     maximum extent possible, the physical,                by this rulemaking.
                                             CFR 17.30(b) as the furnishing of a
                                                                                                     mental, and psychological functioning
                                             home to a veteran, embracing the                                                                              Paperwork Reduction Act
                                                                                                     of veterans receiving residential
                                             furnishing of shelter, food, clothing and               rehabilitation treatment. VA                            This final rule contains no provisions
                                             other comforts of home, including                       domiciliaries are used currently for                  constituting a collection of information
                                             necessary medical services, as well as                  VA’s Domiciliary Residential                          under the Paperwork Reduction Act of
                                             travel and incidental expenses pursuant                 Rehabilitation Treatment Programs;                    1995 (44 U.S.C. 3501–3521).
                                             to 38 CFR 70.10. Veterans eligible for                  Domiciliary Care for Homeless Veterans
                                             domiciliary care include only: Those                    Program, Health Maintenance                           Regulatory Flexibility Act
                                             whose annual income does not exceed                     Domiciliary beds program; General                       The Secretary hereby certifies that
                                             the maximum annual rate of pension                      Domiciliary or Psychosocial Residential               this final rule will not have a significant
                                             payable to a veteran in need of regular                 Rehabilitation Treatment Program;                     economic impact on a substantial
                                             aid and attendance; or those who have                   Domiciliary Substance Abuse programs;                 number of small entities as they are
                                             no adequate means of support, as this                   and Domiciliary Post-Traumatic Stress                 defined in the Regulatory Flexibility
                                             phrase is defined in 38 CFR 17.47(b)(2),                Disorder (PTSD) programs.                             Act, 5 U.S.C. 601–612. This final rule
                                             who can perform the activities specified                   On April 6, 2018, we proposed                      directly affects only individuals and
                                             in 38 CFR 17.46(b) but who suffer from                  amending the definition of domiciliary                will not directly affect small entities.
                                             a chronic disability, disease, or defect                care in § 17.30(b) to also include MH                 Therefore, pursuant to 5 U.S.C. 605(b),
                                             that results in the veteran being unable                RRTP. (83 FR 14804). We also proposed                 this rulemaking is exempt from the
                                             to earn a living for a prospective period.              clarifying in both §§ 17.30(b) and                    initial and final regulatory flexibility
                                             See 38 CFR 17.47(b)(2) and (c).                         17.47(c) that domiciliary care provides a             analysis requirements of 5 U.S.C. 603
                                                The domiciliary program is                           temporary home, not permanent. This                   and 604.
                                             authorized to provide eligible veterans
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                                                                                                     clarification is consistent with VA’s
                                             with a home and coordinated                             long-standing practice of providing                   Executive Orders 12866, 13563, and
                                             ambulatory medical care as needed.                      domiciliary care as a non-permanent                   13771
                                             Typically, domiciliaries are co-located                 living arrangement for eligible veterans.                Executive Orders 12866 and 13563
                                             with VA medical centers or exist as                        We provided a 60-day period in                     direct agencies to assess the costs and
                                             designated bed-settings within the                      which the public had the opportunity to               benefits of available regulatory
                                             centers.                                                submit comments on the proposed rule.                 alternatives and, when regulation is


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                                             48382            Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Rules and Regulations

                                             necessary, to select regulatory                         Catalog of Federal Domestic Assistance                PART 17—MEDICAL
                                             approaches that maximize net benefits
                                                                                                       The Catalog of Federal Domestic
                                             (including potential economic,                                                                                ■ 1. The authority citation for part 17
                                                                                                     Assistance numbers and titles for the
                                             environmental, public health and safety                                                                       continues to read as follows:
                                                                                                     programs affected by this document are
                                             effects, and other advantages;
                                                                                                     64.005—Grants to States for                              Authority: 38 U.S.C. 501, and as noted in
                                             distributive impacts; and equity).
                                             Executive Order 13563 (Improving                        Construction of State Home Facilities;                specific sections.
                                             Regulation and Regulatory Review)                       64.008—Veterans Domiciliary Care;                        Section 17.35 is also issued under 38
                                             emphasizes the importance of                            64.011—Veterans Dental Care; 64.012—                  U.S.C. 1724.
                                             quantifying both costs and benefits,                    Veterans Prescription Service; 64.013—                   Section 17.38 is also issued under 38
                                             reducing costs, harmonizing rules, and                  Veterans Prosthetic Appliances;                       U.S.C. 101, 501, 1701, 1705, 1710, 1710A,
                                             promoting flexibility. Executive Order                  64.014—Veterans State Domiciliary                     1721, 1722, 1782, and 1786.
                                             12866 (Regulatory Planning and                          Care; 64.015—Veterans State Nursing                      Section 17.125 is also issued under 38
                                             Review) defines a ‘‘significant                         Home Care; 64.024—VA Homeless                         U.S.C. 7304.
                                             regulatory action,’’ which requires                     Providers Grant and Per Diem Program;                    Section 17.169 is also issued under 38
                                             review by the Office of Management and                  64.026—Veterans State Adult Day                       U.S.C. 1712C.
                                                                                                     Health Care; 64.033—VA Supportive                        Sections 17.380, 17.390 and 17.412 are also
                                             Budget (OMB), as ‘‘any regulatory action
                                                                                                     Services for Veteran Families Program;                issued under sec. 260, Public Law 114–223,
                                             that is likely to result in a rule that may:
                                                                                                     64.035—Veterans Transportation                        130 Stat. 857.
                                             (1) Have an annual effect on the
                                                                                                     Program; 64.040—VHA Inpatient                            Section 17.410 is also issued under 38
                                             economy of $100 million or more or
                                                                                                     Medicine; 64.041—VHA Outpatient                       U.S.C. 1787.
                                             adversely affect in a material way the
                                                                                                     Specialty Care; 64.042—VHA Inpatient                     Section 17.415 is also issued under 38
                                             economy, a sector of the economy,
                                                                                                     Surgery; 64.043—VHA Mental Health                     U.S.C. 7301, 7304, 7402, and 7403.
                                             productivity, competition, jobs, the
                                                                                                     Residential; 64.044—VHA Home Care;                       Section 17.417 also issued under 38 U.S.C.
                                             environment, public health or safety, or
                                                                                                     64.045—VHA Outpatient Ancillary                       1701 (note), 1709A, 1712A (note), 1722B,
                                             State, local, or tribal governments or
                                                                                                     Services; 64.046—VHA Inpatient                        7301, 7330A, 7401–7403, 7406 (note).
                                             communities; (2) Create a serious
                                                                                                     Psychiatry; 64.047—VHA Primary Care;                     Sections 17.640 and 17.647 are also issued
                                             inconsistency or otherwise interfere
                                                                                                     64.048—VHA Mental Health clinics;                     under sec. 4, Public Law 114–2, 129 Stat. 30.
                                             with an action taken or planned by                                                                               Sections 17.641 through 17.646 are also
                                             another agency; (3) Materially alter the                64.049—VHA Community Living
                                                                                                     Center; 64.050—VHA Diagnostic Care;                   issued under 38 U.S.C. 501(a) and sec. 4,
                                             budgetary impact of entitlements,                                                                             Public Law 114–2, 129 Stat. 30.
                                             grants, user fees, or loan programs or the              64.054—Research and Development.
                                                                                                                                                              Section 17.655 also issued under 38 U.S.C.
                                             rights and obligations of recipients                    List of Subjects in 38 CFR Part 17                    501(a), 7304, 7405.
                                             thereof; or (4) Raise novel legal or policy
                                             issues arising out of legal mandates, the                 Administrative practice and                         ■ 2. Amend § 17.30 by revising
                                             President’s priorities, or the principles               procedure, Alcohol abuse, Alcoholism,                 paragraph (b) to read as follows:
                                             set forth in this Executive Order.’’ VA                 Claims, Day care, Dental health, Drug
                                             has examined the economic,                              abuse, Government contracts, Grant                    § 17.30    Definitions.
                                             interagency, budgetary, legal, and policy               programs—health, Grant programs—                      *      *    *     *     *
                                             implications of this regulatory action                  veterans, Health care, Health facilities,               (b) Domiciliary care. The term
                                             and determined that the action is not a                 Health professions, Health records,
                                                                                                                                                           domiciliary care—
                                             significant regulatory action under                     Homeless, Medical and dental schools,
                                             Executive Order 12866. VA’s impact                      Medical devices, Medical research,                      (1) Means the furnishing of:
                                             analysis can be found as a supporting                   Mental health programs, Nursing                         (i) A temporary home to a veteran,
                                             document at http://                                     homes, Reporting and recordkeeping                    embracing the furnishing of shelter,
                                             www.regulations.gov, usually within 48                  requirements, Travel and transportation               food, clothing and other comforts of
                                             hours after the rulemaking document is                  expenses, Veterans.                                   home, including necessary medical
                                             published. Additionally, a copy of the                                                                        services; or
                                                                                                     Signing Authority
                                             rulemaking and its impact analysis are
                                             available on VA’s website at http://                      The Secretary of Veterans Affairs                     (ii) A day hospital program consisting
                                             www.va.gov/orpm by following the link                   approved this document and authorized                 of intensive supervised rehabilitation
                                             for VA Regulations Published from FY                    the undersigned to sign and submit the                and treatment provided in a therapeutic
                                             2004 through FYTD. This rule is not an                  document to the Office of the Federal                 residential setting for residents with
                                             E.O. 13771 regulatory action because                    Register for publication electronically as            mental health or substance use
                                             this rule is not significant under E.O.                 an official document of the Department                disorders, and co-occurring medical or
                                             12866.                                                  of Veterans Affairs. Robert L. Wilkie,                psychosocial needs such as
                                                                                                     Secretary, Department of Veterans                     homelessness and unemployment.
                                             Unfunded Mandates
                                                                                                     Affairs, approved this document on                      (2) Includes travel and incidental
                                                The Unfunded Mandates Reform Act                     September 19, 2018, for publication.                  expenses pursuant to § 70.10.
                                             of 1995 requires, at 2 U.S.C. 1532, that
                                                                                                        Dated: September 19, 2018.                         (Authority: 38 U.S.C. 1701(4))
                                             agencies prepare an assessment of
                                             anticipated costs and benefits before                   Consuela Benjamin,
                                                                                                     Regulations Development Coordinator, Office           § 17.47    [Amended]
                                             issuing any rule that may result in the
                                             expenditure by State, local, and tribal                 of Regulation Policy & Management, Office
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     of the Secretary, Department of Veterans              ■ 3. Amend § 17.47(c) by removing the
                                             governments, in the aggregate, or by the                                                                      word ‘‘home’’ and adding in its place
                                                                                                     Affairs.
                                             private sector, of $100 million or more                                                                       the words ‘‘temporary home’’.
                                             (adjusted annually for inflation) in any                  For the reasons stated in the
                                                                                                                                                           [FR Doc. 2018–20707 Filed 9–24–18; 8:45 am]
                                             one year. This final rule will have no                  preamble, Department of Veterans
                                             such effect on State, local, and tribal                 Affairs amends 38 CFR part 17 as                      BILLING CODE 8320–01–P

                                             governments, or on the private sector.                  follows:


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Document Created: 2018-09-25 00:21:43
Document Modified: 2018-09-25 00:21:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective Date: This rule is effective on October 25, 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; (757) 722-9991 extension 1123. (This is not a toll-free number.)
FR Citation83 FR 48380 
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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