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
Back to TopCopayments
- 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
63.10 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
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Part 71 Caregivers Benfits and Certain Medical Benefits Offered to Family Members of Veterans71 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