[Federal Register Volume 63, Number 134 (Tuesday, July 14, 1998)]
[Rules and Regulations]
[Pages 37779-37780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18644]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AJ34
Provision of Drugs and Medicines to Certain Veterans in State
Homes
AGENCY: Department of Veterans Affairs.
ACTION: Interim final rule with request for comments.
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SUMMARY: This document amends the ``Medical'' regulations concerning
the provision of drugs and medicines prescribed by non-VA physicians
for certain veterans who are permanently housebound or in need of
regular aid and attendance. The regulations are amended to allow
prescriptions to be filled by non-VA pharmacies in state homes under
contract with VA for filling prescriptions for patients in state homes.
This is consistent with VA's special relationship with state homes. It
will eliminate duplication of services and will help improve timeliness
for filling prescriptions in state homes.
DATES: Effective Date: July 14, 1998.
Comment Date: Comments must be received on or before September 14,
1998.
ADDRESSES: Mail or hand-deliver written comments to: Director, Office
of Regulations Management (02D), Department of Veterans Affairs, 810
Vermont Ave., NW, Room 1154, Washington, DC 20420. Comments should
indicate that they are submitted in response to ``RIN: 2900-AJ34.'' All
written comments received will be available for public inspection at
the above address in the Office of Regulations Management, Room 1158,
between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday
(except holidays).
FOR FURTHER INFORMATION CONTACT: Jeff Ramirez, Pharmacy Service (119),
Veterans Health Administration, Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC 20420, (202) 273-8428. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: This document amends the ``Medical''
regulations set forth at 38 CFR Part 17. More specifically, it amends
the provisions of Sec. 17.96 which concern the criteria for providing
drugs and medicines prescribed by non-VA physicians for certain
veterans who are permanently housebound or in need of regular aid and
attendance.
Prior to the effective date of this document Sec. 17.96 stated:
Any prescription, which is not part of authorized Department of
Veterans Affairs hospital or outpatient care, for drugs and
medicines ordered by a private or non-Department of Veterans Affairs
doctor of medicine or doctor of osteopathy duly licensed to practice
in the jurisdiction where the prescription is written, shall be
filled by a Department of Veterans Affairs pharmacy, provided:
(a) The prescription is for:
(1) A veteran who by reason of being permanently housebound or
in need of regular aid and attendance is in receipt of increased
compensation under 38 U.S.C. chapter 11, or increased pension under
Sec. 3.1(u) (Section 306 Pension) or Sec. 3.1(w) (Improved Pension),
of this title, as a veteran of the Mexican Border Period, World War
I, World War II, the Korean Conflict, or the Vietnam Era (or,
although eligible for such pension, is in receipt of compensation as
the greater benefit), or
[[Page 37780]]
(2) A veteran in need of regular aid and attendance who was
formerly in receipt of increased pension as described in paragraph
(a)(1) of this section whose pension has been discontinued solely by
reason of excess income, but only so long as such veteran's annual
income does not exceed the maximum annual income limitation by more
than $1,000, and
(b) The drugs and medicines are prescribed as specific therapy
in the treatment of any of the veteran's illnesses or injuries.
This document amends Sec. 17.96 to allow prescriptions to be filled
by non-VA pharmacies in state homes under contract with VA for filling
prescriptions for patients in state homes. State home pharmacies are
fully operational facilities that in many cases can efficiently meet
the needs of veterans in the state homes. This action is consistent
with VA's special relationship with state homes. It will eliminate
duplication of services and will help improve timeliness for filling
prescriptions in state homes.
Administrative Procedure Act
This document is published without regard to the notice and comment
and effective date provisions of 5 U.S.C. 553 since it pertains to
agency management.
Regulatory Flexibility Act
The Secretary hereby certifies that the adoption of this interim
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.
The rule at the most will have only a minuscule economic effect on
any small entity. Therefore, pursuant to 5 U.S.C. 605(b), this interim
final rule is exempt from the initial and final regulatory flexibility
analyses requirements of Secs. 603 and 604.
Catalog of Federal Domestic Assistance Program Number
The Catalog of Federal Domestic Assistance program number for this
document is 64.012.
List of Subjects in 38 CFR Part 17
Administrative practice and procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug abuse, Foreign relations,
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, Philippines, Reporting
and recordkeeping requirements, Scholarships and fellowships, Travel
and transportation expenses, Veterans.
Approved: June 30, 1998.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
For the reasons set forth above, 38 CFR part 17 is amended as set
forth below:
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 Sec. 17.96, the introductory text is amended by removing
``pharmacy'' and adding, in its place, ``pharmacy or a non-VA pharmacy
in a state home under contract with VA for filling prescriptions for
patients in state homes''; the authority citation at the end of
paragraph (a) is removed; and an authority citation is added at the end
of the section to read as follows:
Sec. 17.96 Prescriptions filled.
* * * * *
(Authority: 38 U.S.C. 1712 (d))
[FR Doc. 98-18644 Filed 7-13-98; 8:45 am]
BILLING CODE 8320-01-P
