[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25428-25429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12662]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AH77
Contract Program for Veterans With Alcohol and Drug Dependence
Disorders
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: This document proposes to amend 38 CFR Part 17 by modifying
eligibility criteria for veterans participating by contract in the
Department of Veterans Affairs' program of alcohol and drug dependence
or abuse treatment and rehabilitation in residential and nonresidential
facilities. Current regulations stipulate that, prior to participation
in contract care under this program, veterans must be provided hospital
care in facilities over which the Secretary has direct jurisdiction. It
is proposed to change the regulations to stipulate that, prior to
participation in contract care, veterans must have been or must be
receiving care (regardless of whether it was or is hospital care) by
professional staff over whom the Secretary has jurisdiction (regardless
of whether it is direct jurisdiction). The proposed elimination of the
requirement of ``hospital care'' appears to be necessary to address
changed clinical practices and continue the intended program. In the
past, substance abuse treatment generally was provided in a hospital
setting. Now, much substance abuse treatment also is provided in an
ambulatory care or residential setting. Also, the proposal to change
``direct jurisdiction of the Secretary'' to ``jurisdiction of the
Secretary'' would allow for continuation of any cases in which VA has
had involvement (including, among other things, fee basis care) and
thereby help ensure that a complete course of treatment is provided.
DATES: Comments must be received on or before July 22, 1996.
ADDRESSES: Mail written comments concerning these proposed regulations
to: Director, Office of Regulations Management (02D), Department of
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420; or
hand deliver written comments to: Office of Regulations Management,
Room 1176, 801 Eye Street, NW., Washington, DC 20001. Comments should
indicate that they are submitted in response to ``RIN 2900-AH77.'' All
written comments are available for public inspection in the Office of
Regulations Management, Room 1176, 801 Eye Street, NW., Washington, DC
20001 between the hours of 8:00 a.m. and 4:30 p.m., Monday through
Friday (except holidays).
FOR FURTHER INFORMATION CONTACT: Karen G. Boies, Ph. D., Deputy
Associate Director for Addictive Disorders and Psychiatric
Rehabilitation, Veterans Health Administration, Department of Veterans
Affairs, (202) 565-7316.
SUPPLEMENTARY INFORMATION: This proposed rule is authorized under
provisions of 38 U.S.C. 501 and 38 U.S.C. 1720A.
The Secretary hereby certifies that the provisions of the proposed
rule would not have a significant economic impact on a substantial
number of small entities as they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601-612. There does not appear to be a basis
for considering special provisions for small entities since, in all
likelihood, only entities that are small entities would conduct
activities affected by this rule. Also, because of budgetary
constraints and the high utilization of this program, we anticipate no
change in the total number of bed days of care paid by VA to
participating small entities. Therefore, pursuant to 5 U.S.C. 605(b),
this rule is exempt from the initial and final regulatory flexibility
analyses requirements of sections 603 and 604.
List of Subjects in 38 CFR Part 17
Alcoholism, Claims, dental health, Drug abuse, Foreign relations,
Government contracts, Grant program--health, Health care, Health
facilities, Health professions, Medical devices, Medical research,
Mental health programs, Nursing homes, Philippines, Veterans.
Approved: February 20, 1996.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 17 is proposed
to be amended as follows:
PART 17--MEDICAL
1. The authority citation for part 17 continues to read as follows:
Authority: 38 U.S.C. 501, 1721, unless otherwise noted.
2. In section 17.80, paragraph (a)(1) is revised to read as
follows:
Sec. 17.80 Alcohol and drug dependence or abuse treatment and
rehabilitation in residential and nonresidential facilities by
contract.
(a) * * *
(1) Veterans who have been or are being furnished care by
professional
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staff over which the Secretary has jurisdiction and such transitional
care is reasonably necessary to continue treatment.
* * * * *
[FR Doc. 96-12662 Filed 5-20-96; 8:45 am]
BILLING CODE 8320-01-P
