United States Department of Veterans Affairs

38 CFR Book I, Medical

Veterans Benefits Administration References

Web Automated Reference Material System (WARMS)


Supplements
Contents
Part 17 - Medical
Part 46 - Policy Regarding Participation in National Practioner Data Bank
Part 47 - Policy Regarding Reporting Health Care Professionals to State Licensing Boards
Part 51 - Per Diem for Nursing Home Care for Veterans In State Homes Support
Part 52 - Per Diem for Adult for Health Care of Veterans in State Homes
Part 53 - Payments to States for Programs to Promote the Hiring and Retention of Nurses at State Veterans Homes
Part 58 - Forms
Part 59 - Grants to States for Construction or Acquisition of State Homes
Part 60 - Fisher Houses and Other Tempory Lodging
Part 61 - VA Homeless Providers Grant and Per Diem Program
Part 62 - Supportive Services for Veteran Families Program
Part63 - Health Care for Homeless Veterans (HCHV) Program
Part 70 - VHA Beneficiary Travel Under 38 U.S.C. 111
Part 71 - Caregivers Benefits and Certain Medical Benefits Offered to Family Members of Veterans
Part 200 - Compliance with the National Environmental Policy Act



Supplements
20 21   22   23   24   25   26   27   28   29   30   31  
32   33   34   35   36   37   38   39   40   41   42  
43   44   45   46   47   48   49   50   51   52   53   54  55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 

Part 17- Medical


Definitions and Active Duty

17-index
17.1 Updating Fire Safety Standards
17.30 Definitions
17.31 Duty periods defined

Protection of Patient Rights

17.32 Informed consent
17.33 Patients' rights

Tentative Eligibility Requirements

17.34 Tentative eligibility determinations

Hospital or Nursing Home Care and Medical Services in Foreign Countries

17.35 Hospital care and medical services in foreign countries

Enrollment Provisions and Medical Benefits Package

17.36 Enrollment-provision of hospital and outpatient care to veterans
17.37 Enrollment not required-provision of hospital and outpatient care to veterans
17.38 Medical benefits package
17.39 Certain Filipino veterans
17.40 Additional services for indigents

Examination and Observation and Examination

17.41 Persons eligible for hospital observation and physical examination.
17.42 Examinations on an outpatient basis.

Hospital, Domiciliary and Nursing Home Care

17.43 Persons entitled to hospital or domiciliary care
17.44 Hospital care for certain retirees with chronic disability (Executive Orders 10122, 10400 and 11733)
17.45 Hospital care for research purposes
17.46 Eligibility for hospital, domiciliary or nursing home care of personsdischarged or released from active military, naval, or air service
17.47 Considerations applicable in determining eligibility for hospital, nursing home or domiciliary care
17.48 Compensated Work Therapy/Transitional Residences Program
17.49 Priorities for Outpatient Medical Services and Inpatient Hospital Care

Use of Department of Defense, Public Health Service or Other Federal Hospitals

17.50 Use of Department of Defense, Public Health Service, or other Federal hospitals with beds allocated to the Department of Veterans Affairs
17.51 Emergency use of Department of Defense, Public Health Service or other Federal hospitals

Use of Public or Private Hospitals

17.52 Hospital care and medical services in non-VA facilities
17.53 Limitations on use of public or private hospitals
17.54 Necessity for prior authorization
17.55 Payment for authorized public or private hospital care
17.56 Payment for non-VA physician services associated with outpatient, etc.

Use of Community Nursing Home Care Facilities

17.57 Use of community nursing homes
17.58 Evacuation of community nursing homes
17.60 Extensions of community nursing home care beyond six months

Community Residential Care

17.61 Eligibility
17.62 Definitions
17.63 Approval of community residential care facilities
17.64 Exceptions to standards in community residential care facilities
17.65 Duration of approval
17.66 Notice of noncompliance with VA standards
17.67 Request for a hearing
17.68 Notice and conduct of hearing
17.69 Waiver of opportunity for hearing
17.70 Written decision following a hearing
17.71 Revocation of VA approval
17.72 Availability of information

Use of Services of Other Federal Agencies

17.80 Alcohol and drug dependence or abuse treatment and rehabilitation in residential and nonresidential facilities by contract
17.81 Contracts for residential treatment services for veterans with alcohol or drug dependence or abuse disabilities
17.82 Contracts for outpatient services for veterans with alcohol or drug dependence or abuse disabilities
17.83 Limitations on payment for alcohol and drug dependence or abuse treatment and rehabilitation

Research-Related Injuries

17.85 Treatment of research-related injuries to human subjects

Care During Certain Disasters and Emergencies

17.86 Provision of Hospital Care and Medical Services During Certain Disasters and Emergencies Under 38 U.S.C. 1785

Vocational Training and Health-Care Eligibility Protection for Pension Recipients

17.90 Medical care for veterans receiving vocational training under 38U.S.C. chapter 15
17.91 Protection of health-care eligibility

Outpatient Treatment

17.92 Outpatient care for research purposes.
17.93 Eligibility for outpatient services.
17.94 Outpatient medical services for military retirees and other beneficiaries.
17.95 Outpatient medical services for Department of Veterans Affairs employees and others in emergencies.
17.96 Prescriptions filled.
17.97 Prescriptions in Alaska, and territories and possessions.
17.98 Mental health services.

Breaking Appointments

17.100 Refusal of treatment by unnecessarily breaking appointments.

Charges, Waivers, And Collections

17.101 Collection or recovery by VA for medical care or services provided or furnished to a veteran for a non-service connected disability
17.102 Charges for care or services.
17.103 Referrals of compromise settlement offers.
17.104 Terminations and Suspensions.
17.105 Waivers.

Disciplinary Control of Beneficiaries Receiving Hospital, Domiciliary or Nursing Home Care

17.106 Authority for disciplinary action.
17.107 Respnse to disruptive  behavior of patients.
17.108 Copayments for inpatient hospital care and outpatient medical care

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Copayments

17.108 Copayments for inpatient hospital care and outpatient medical care.
17.110 Copayments for medication.
17.111 Copayments for Extended care services.

Ceremonies

17.112 Services or Ceremonies on Department of Veterans Affairs Hospital or Center Reservations

Reimbursement for Loss by Natural Disaster of Personal Effects of Hospitalized or Nursing Home Patients

17.113 Conditions of custody.
17.115 Claims in Cases of Incompetent Patients

 

Reimbursement to Employees for the Cost of Repairing or Replacing Certain Personal Property Damaged or Destroyed By Patients or Members

17.116 Adjudication of Claims.

Payment and Reimbursement of the Expenses of Medical Services not Previously Authorized

17.120 Payment or reimbursement of the expenses of hospital care and other medical services not previously authorized.
17.121 Limitations On payment or reimbursement of the costs of emergency hospital care and medical services not previously authorized.
17.122 Payment or reimbursement of the expenses of repairs to prosthetic appliances and similar devices furnished without prior authorization.
17.123 Claimants.
17.124 Preparation of claims.
17.125 Where to file claims.
17.126 Timely filing.
17.127 Date of filing claims.
17.128 Allowable rates and fees.
17.129 Retroactive payments prohibited.
17.130 Payment for treatment dependent upon preference prohibited.
17.131 Payment of abandoned claims prohibited.
17.132 Appeals.

Reconsideration of Denied Claims

17.133 Procedures

Delegations of Authority

17.140 Authority to adjudicate reimbursement claims.
17.141 Authority to adjudicate foreign reimbursement claims.
17.142 Authority to approve sharing agreements, contracts for scarce medical specialist services and contracts for other medical services

Transportation of Claimants and Beneficiaries

17.145 Approval of unauthorized travel of claimants and beneficiaries.

Prosthetic, Sensory, and Rehabilitative Aids

17.148 Service dogs
17.149 Sensori-neural Aids.
17.150 Prosthetic and similar appliances.
17.151 Invalid lifts for recipients of aid and attendance allowance or special monthly compensation.
17.152 Devices to assist in overcoming the handicap of deafness.
17.153 Training in the use of appliances.
17.154 Dog-guides and equipment for blind.

Automotive Equipment and Driver Training

17.155 Minimum standards of safety and quality for automotive adaptive equipment.
17.156 Eligibility for automobile adaptive equipment.
17.157 Definition-adaptive equipment.
17.158 Limitations on assistance
17.159 Obtaining vehicles for special driver training courses

Dental Services

17.160 Authorization of dental examinations.
17.161 Authorization of outpatient dental treatment
17.162 Eligibility for Class II dental treatment without rating action
17.163 Posthospital outpatient dental treatment
17.164 Patient responsibility in making and keeping dental appointments
17.165 Emergency outpatient dental treatment
17.166 Dental services for hospital or nursing home patients and domiciled members.

Autopsies

17.170 Autopsies

Veterans Canteen Service

17.180 Delegation of authority

Aid to States for care of Veterans in State Homes

17.190 Recognition of a State home
17.191 Filing applications
17.192 Approval of annexes and new facilities
17.193 Prerequisites for payments to State homes
17.194 Aid for domiciliary care.
17.196 Aid for hospital care
17.197 Amount of aid payable
17.198 Department of Veterans Affairs approval of eligibility required
17.199 Inspection of recognized State homes
17.200 Audit of State homes

Sharing of Medical Facilities, Equipment, and Information

17.230 Contingency backup to the Department of Defense
17.240 Sharing specialized medical resources
17.241 Sharing medical information services
17.242 Coordination of programs with Department of Health and Human Services

Grants for Exchange of Information

17.250 Scope of the grant program
17.251 The Subcommittee on Academic Affairs
17.252 Ex officio member of subcommittee
17.253 Applicants for grants
17.254 Applications
17.255 Applications for grants for programs which include construction projects
17.256 Amended or supplemental applications.
17.257 Awards procedures
17.258 Terms and conditions to which awards are subject
17.259 Direct costs
17.260 Patient care costs to be excluded from direct costs
17.261 Indirect costs.
17.262 Authority to approve applications discretionary
17.263 Suspension and termination procedures
17.264 Recoupments and releases
17.265 Payments
17.266 Copyrights and patents

Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA)-Medical Care for Survivors and Dependents of Certain Veterans

17.270 General provisions
17.271 Eligibility
17.272 Benefit limitations/exclusions
17.273 Preauthorization
17.274 Cost sharing
17.275 Claim filing deadline
17.276 Appeal/review process
17.277 Third party liability/medicare care cost recovery
17.278 Confidentiality of records

Grants to the Republic of the Philippines

17.350 The program of assistance to the Philippines
17.351 Grants for the replacement and upgrading of equipment at Veterans Memorial Medical Center
17.352 Amounts and use of grant funds for the replacement and upgrading of equipment
17.355 Awards procedures
17.362 Acceptance of medical supplies as payment
17.363 Length of stay
17.364 Eligibility determinations
17.365 Admission priorities
17.366 Authorization of emergency admissions
17.367 Republic of the Philippines to print forms
17.369 Inspections
17.370 Termination of payments

Confidentiality of Healthcare Quality Assurance Review Records

17.500 General
17.501 Confidential and privileged documents
17.502 Applicability of other statutes
17.503 Improper disclosure
17.504 Disclosure methods
17.505 Disclosure authorities.
17.506 Appeal of decision by Veterans Health Administration to deny disclosure
17.507 Employee responsibilities.
17.508 Access to quality assurance records and documents within the agency
17.509 Authorized disclosure: Non-Department of Veterans Affairs requests.
17.510 Redisclosure.
17.511 Penalties for violations.

VA Health Professional Scholarship Program

17.600 Purpose.
17.601 Definitions.
17.602 Eligibility.
17.603 Availability of scholarships.
17.604 Application for the scholarship program.
17.605 Selection of participants.
17.606 Award procedures.
17.607 Obligated service.
17.608 Deferment of obligated service.
17.609 Pay during period of obligated service.
17.610 Failure to comply with terms and conditions of participation.
17.611 Bankruptcy.
17.612 Cancellation, waiver, or suspension of obligation.

Transitional Housing Loan Program

17.800 Purpose.
17.801 Definitions.
17.802 Application provisions.
17.803 Order of consideration.
17.804 Loan approval criteria.
17.805 Additional terms of loans.

Health Care for a Vietnam Veteran's Child With Spina Bifida
17.900 Spina bifida-provision of health care.
17.901 Definitions.
17.902 Preauthorization.
17.903 Payment.
17.904 Review and appeal process.
17.905 Medical records.

Payment or Reimbursement for Emergency Services for Nonservice-Connected Conditions in Non-VA Facilities

17.1000 Payment or reimbursement for emergency services for nonservice-connected conditions in non-VA facilities
17.1001 Definitions.
17.1002 Substantive conditions for payment or reimbursement
17.1003 Emergency transportation
17.1004 Filing claims
17.1005 Payment limitations
17.1006 Decisionmakers
17.1007 Independent right of recovery
17.1008 Balance billing prohibited

Part 46- Policy Regarding Participation in National Practitioner Data Bank Subpart A - General Provisions

46-index
46.1 Definitions
46.2 Purpose

Subpart B - National Practitioner Data Bank Reporting

46.3 Malpractice payment reporting
46.4 Clinical privileges actions reporting

Subpart C - National Practitioner Data Bank Inquiries

46.5 National Practitioner Data Bank inquiries

Subpart D - Miscellaneous

46.6 Medical quality assurance records confidentiality
46.7 Prohibitions concerning negotiations
46.8 Independent contractors

Part 47- Policy Regarding Reporting Health Care Professionals to State Licensing Boards

47-index
47.1 Definitions
47.2 Reporting to State Licensing Boards

Part 51-Per Diem for Nursing Home Care of Veterans In State Homes Subpart A-General

51-index
51.1 Purpose
51.2 Definitions

Subpart B-Obtaining Per Diem for Nursing Home Care in State Homes

51.10 Per diem based on recognition and certification
51.20 Application for recognition based on certification
51.30 Recognition and certification
51.31 Automatic recognition

Subpart C-Per Diem Payments

51.40 Basic Per Diem
51.41 Per diem for certain veterans based on service-connected disabilities.
51.42 Drugs and medicines for certain veterans
51.43 Per diem and drugs and medicines - principles
51.50 Eligible veterans
51.59 Authority to continue payment of per diem when veterans are relocated due to emergency

Subpart D-Standards

51.60 Standards applicable for payment of per diem
51.70 Resident rights
51.80 Admission, transfer and discharge rights
51.90 Resident behavior and facility practices
51.100 Quality of life
51.110 Resident assessment
51.120 Quality of care
51.130 Nursing services
51.140 Dietary services
51.150 Physician services
51.160 Specialized rehabilitative services
51.170 Dental services
51.180 Pharmacy services
51.190 Infection control
51.200 Physical environment
51.210 Administration

Part 52--Per Diem for Adult Day Health Care of Veterans in State Homes Subpart A-General

52-index
52-title
52.1 Purpose
52.2 Definitions

Subpart B-Obtaining Per Diem for Adult Day Health Care in State Homes

52.10; 52.20 Per diem based on recognition and certification;
52.30 Recognition and certification

Subpart C-Per Diem Payments

52.40 Monthly payment
52.50 Eligible veterans

Subpart D-Standards

52.60 - 52.61 Standards applicable for payment of per diem; General requirements for adult day health care program
52.70 Participant rights
52.71 Participant and family caregiver responsibilities
52.80 Enrollment, transfer and discharge
52.90 Participant behavior and program practices
52.100 Quality of life
52.110 Participant assessment
52.120 Quality of care
52.130 Nursing services
52.140 Dietary services
52.150 Physician services
52.160 - 52.170 Specialized rehabilitative services; Dental services
52.180 Administration of drugs
52.190 Infection control
52.200 Physical environment
52.210 Administration
52.220 Transportation

Part 53-Payments to States for Programs to Promote the Hiring and Retention of Nurses at State Veterans Homes

53-index
53-title
53.1 Purpose and Scope
53.2 Definitions
53.10 Decision makers, notifications, and additional information
53.11 General requirements for payments
53.20 Application requirements
53.30 Payments
53.31 Annual Report
53.32 Recapture provisions
53.40 Submission of information and documents
53.41 Notification of funding decision

Part 58-Forms

58-index
58.10 VA Form 10-3567-State home inspection: staffing profile
58.11 VA Form 10-5588-State home report and statement of Federal aid claimed
58.12 VA Form 10-10EZ-Application for health benefits
58.13 VA Form 10-10SH-State home program application for veteran care-medical certification
58.14 VA Form 10-0143A-Statement of assurance of compliance with Section 504of the Rehabilitation Act of 1973
58.15 VA Form 10-0143-Department of Veterans Affairs certification regarding drug-free workplace requirements for grantees other than individuals
58.16 VA Form 10-0144-Certification regarding lobbying
58.17 VA Form 10-0144A-Statement of assurance of compliance with equal opportunity laws
58.18 VA Form 10-0460-Request for prescription drugs from eligibile veteran in a state home

Part 59-Grants to States for Construction or Acquisition of State Homes

59-index 
59.1 Purpose
59.2 Definitions
59.3 Federal application identifier
59.20 Initial application requirements
59.30 Documentation
59.40 Maximum number of nursing home care and domiciliary care beds for veterans by State
59.50 Priority list
59.60 Additional application requirements
59.70 Award of grants
59.80 Amount of grant
59.90 Line item adjustments to grants
59.100 Payment of Grant Award
59.110 Recapture provisions
59.120 Hearings
59.123 Conference
59.130 General requirements for all State home facilities
59.140 Nursing home care requirements
59.150 Domiciliary care requirements
59.160 Adult day health care requirements
59.170 Forms

Part 60-Fisher Houses and Other Temporary Lodging

60-index60-title
60.1 Purpose
60.10 Costs
60.2 Definition
60.3 Other donated temporary lodging
60.10 Eligibility criteria for fisher house or other  temporary lodging.
60.15 Application Process
60.20 Duration of Fisher House or other temporary lodging

Part 61-VA Homeless Providers Grant and Per Diem Program

61-index
61-title
61.0 Purpose
61.1 Definition
61.10 Capital Grants - General
61.11 Applications for Capital Grants
61.12 Threshold Requirements for Capital Grant Applications
61.13 Rating Criteria for Capital Grant Applications
61.14 Selecting Applications for Capital Grants
61.15 Obtaining Additional Information and Awarding Capital Grants
61.16 Matching Funds for Capital grants
61.17 Site Control for Capital Grants
61.20 Life Safety Code Capital Grants
61.30 Per Diem - General
61.31 Application for Per Diem
61.32 Ranking non-Capital Grant Recipients for Per Diem
61.33 Payment of Per Diem
61.40 Special Needs Grants - General
61.41 Special Needs Grants Applications
61.42 Threshold Requirements for Special Needs Grant Applications
61.43 Rating Criteria for Special Needs Grant Applications
61.44 Awarding Special Needs Grants
61.50 Technical Assistance Grants - General
61.51 Applications for Technical Assistance Grants
61.52 Threshold Requirements for Technical Assistance Grant Applications
61.53 Rating Criteria for Technical Assistance Grant Application
61.54 Awarding Technical Assistance Grants
61.55 Technical Assistance Reports
61.60 Notice of Fund Availability
61.61 Agreement and Funding Actions
61.62 Program Changes
61.63 Procedural Error
61.64 Religious Organizations
61.65 Inspections
61.66 Financial Management
61.67 Recovery Provisions
61.80 General Operating Requirements for Supportive Housing and Service Centers
61.81 Outreach Activities
61.82 Resident Rent for Supportive Housing

 

Part 62 - Supportive Services for Veteran Families Program

 
62.1-1   Purpose
62.10-1 Supportive services grants–general
62.11-1 Participants–occupying permanent housing
62.2-1   Definitions 
62.20-1 Applications for supportive services grants
62.21-1 Threshold requirements prior to scoring supportive services grant applicants
62.22-1 Scoring criteria for supportive services grant applicants
62.23-1 Selecting applicants to receive supportive services grants
62.24-1 Scoring criteria for grantees applying for renewal of supportive services grants
62.25-1 Selecting grantees for renewal of supportive services grants
62.30-1 Supportive service: Outreach services
62.31-1 Supportive service: Case management services
62.32-1 Supportive service: Assistance in obtaining VA benefits
62.33-1 Supportive service: Assistance in obtaining and coordinating other public benefits
62.34-1 Other supportive services
62.35-1 Limitations on and continuations of the provision of supportive services to certain participants
62.36-1 General operation requirements
62.37-1 Fee prohibition
62.40-1 Notice of Fund Availability
62.50-1 Supportive services grant agreements
62.51-1 Payments under the supportive services grant
62.60-1 Program or budget changes and corrective action plans
62.61-1 Procedural error
62.62-1 Religious organizations
62.63-1 Visits to monitor operations and compliance
62.70-1 Financial management and administrative costs
62.71-1 Grantee reporting requirements
62.72-1 Recordkeeping
62.73-1 Technical assistance
62.80-1 Withholding, suspension, deobligation, termination, and recovery of funds by VA
62.81-1 Supportive services grant closeout procedures

Part 63 - Health Care for Homeless Veterans (HCHV) Program
 
63 Title
63 index
63.1 Purpose and Scope
63.2 Definitions
63.3 Eligible Veterans
63.10 Slection of non-VA Community-Based Providers
63.15 Duties of, and standards applicable to, no-VA community-based providers
 
 

 

Part 70 - VHA Beneficiary Travel Under 38 U.S.C. 111

70-index
70-title
70.1 Purpose and Scope
70.2 Definitions
70.3 Determination of Secretary
70.4 Criteria for Approval
70.10 Eligible Persons
70.20 Application
70.21 Where to Apply
70.30 Payment Principles
70.31 Deductibles
70.32 Reimbursement of Prior Payment
70.40 Administrative Procedures
70.41 Recovery of Payments
70.42 False Statements
70.50 Reduced Fare Requests
 


Back to Top Part 71 Caregivers Benfits and Certain Medical Benefits Offered to Family Members of Veterans

71 Title

71 Index

71.10 Purpose and Scope

71.15 Definitions

71.20 Eligible Veterans and Service Members

71.25 Approval and Designation of Primary and Secondary Family Caregivers

71.30 General Caregivers 

71.40 Caregiver Benefits

71.45 Revocation

71.50 Provision of certain counseling, training, and mental health services to certain family  members of veterans

 

 

Part 200 - Compliance with the National Environmental Policy Act

200-index
200-title
200.1 Purpose
200.2 Background
200.3 Responsibilities
200.4 Implementation of NEPA and Related Authorities
200.5 Coordination with Other Authorities
200.6 Public Involvement
200.7 Cooperating Agencies
200.8 AFRH Participation in NEPA Compliance by Other Agencies
Appendix A Categorical Exclusions
Appendix B The Action Requiring an Environmental Assessment
Appendix C Actions Requiring Environment Impact Statement