[Federal Register Volume 60, Number 175 (Monday, September 11, 1995)]
[Proposed Rules]
[Pages 47133-47134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22311]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AH61
Adult Day Health Care Program; Community Residential Care
Program; and Contract Program for Veterans With Alcohol and Drug
Dependence Disorders
AGENCY: Veterans Health Administration, VA.
ACTION: Proposed rule.
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SUMMARY: This document proposes to update references to material
incorporated by reference in the Department of Veterans Affairs
regulations concerning the Adult Day Health Care Program, the Community
Residential Care Program, and the Contract Program for Veterans With
Alcohol and Drug Dependence Disorders. These regulations incorporate by
reference various editions of the National Fire Protection Association
Life Safety Code entitled ``NFPA 101, Life Safety Code'' and ``NFPA
101A, Guide on Alternative Approaches to Life Safety.'' It is proposed
to substitute the current edition (1994) of the Life Safety Code and
the current edition (1995) of the Guide on Alternative Approaches to
Life Safety for earlier editions. The regulations are designed to
ensure that buildings used for treatment and residential services for
veterans meet the fire and safety requirements of the Life Safety Code
and the Guide on Alternative Approaches to Life Safety. Also, this
document amends the current ``Contract Program for Veterans With
Alcohol and Drug Dependence Disorders'' regulations which, prior to the
effective date of this document, provided that the Director, Facility
Engineering, Planning, and Construction Office, was delegated authority
to grant certain equivalencies or variances to building requirements.
This delegation of authority is removed and instead such delegation of
authority is granted to each of the Regional Directors of the Veterans
Health Administration.
DATES: Comments must be received on or before November 13, 1995.
FOR FURTHER INFORMATION CONTACT: Daniel J. Schoeps, Chief, Community
Care Programs, Veterans Health Administration, Department of Veterans
Affairs, (202) 565-7530, for issues relating to the Adult Day Health
Care Program and the Community Residential Care Program; Karen G.
Boies, Ph.D., Deputy Associate Director for Addictive Disorders and
Psychiatric Rehabilitation, Veterans Health Administration, Department
of Veterans Affairs, (202) 565-7316, for issues relating to the
Contract Program for Veterans With Alcohol and Drug Dependence
Disorders.
ADDRESSES: Mail written comments concerning these proposed regulations
to: Director, Office of Regulations Management (02D), Department of
Veterans Affairs, 810 Vermont Ave. 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
[[Page 47134]]
they are submitted in response to ``RIN 2900-AH61.'' All written
comments will be available for public inspection in the Office of
Regulations Management, room 1176, 801 Eye Street NW., Washington, DC
20001 between the hours of 8 a.m. and 4:30 p.m., Monday through Friday
(except holidays).
SUPPLEMENTARY INFORMATION: The regulations affected by this document
are authorized under provisions of 38 U.S.C. as follows:
Adult Day Health Care Program--38 U.S.C. 1712; Community
Residential Care Program--38 U.S.C. 1730; and Contract Program for
Veterans With Alcohol and Drug Dependence Disorders--38 U.S.C. 501
and 38 U.S.C. 1720A
Regulatory Flexibility Act
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 (RFA), 5 U.S.C. 601-612. In all likelihood, only
similar entities that are small entities would conduct activities
affected by this rule. Therefore, pursuant to 5 U.S.C. 605(b), this
rule is exempt from the initial and final regulatory flexibility
analysis requirement of sections 603 and 604.
List of Subjects in 38 CFR Part 17
Alcoholism, Claims, Dental Health, Drug Abuse, Foreign Relations,
Government Contracts, Grants Program--Health, Health Care, Health
Facilities, Health Professions, Medical Devices, Medical Research,
Mental Health Programs, Nursing Homes, Philippines, Veterans.
Approved: August 29, 1995.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 17 is proposed
to be amended as set forth below:
PART 17--MEDICAL
1. The authority citation for part 17 continues to read as follows:
Authority: 72 Stat. 1114, 38 U.S.C. 501, unless otherwise noted.
2. In Sec. 17.51e, paragraph (c)(2) is revised to read as follows:
Sec. 17.51e Adult day health care in private facilities.
* * * * *
(c) * * *
(2) The institution shall meet the requirements of chapters 1-7,
10-11, and 31 of the National Fire Protection Association's Life Safety
Code, entitled NFPA 101 Life Safety Code 1994, dated February 11, 1994
(which is incorporated by reference). Incorporation of the 1994 edition
of the Life Safety Code was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The code
is available for inspection at the Office of the Federal Register, room
700, 800 North Capitol Street NW., Washington, DC and at the Department
of Veterans Affairs, Office of Regulations Management (02D), room 1176,
801 Eye Street NW., Washington, DC 20001. Copies may be obtained from:
National Fire Protection Association, Battery March Park, Quincy, MA
02269. (For ordering information, call toll-free 1-800-344-3555.) The
institution shall provide sufficient staff to assist patients in the
event of fire or other emergency.
* * * * *
3. In Sec. 17.51j, paragraph (a)(2) is revised to read as follows:
Sec. 17.51j Approval of community residential care facilities.
* * * * *
(a) * * *
(2) Meet the requirements of chapters 1-7, 22-23, and 31 of the
1994 edition of the National Fire Protection Association's Life Safety
Code, NFPA 101, and the 1995 edition of NFPA 101A, Guide on Alternative
Approaches to Life Safety (which are incorporated by reference). The
institution shall provide sufficient staff to assist patients in the
event of fire or other emergency. Incorporation by reference of the
1994 edition of the Life Safety Code and the 1995 edition of NFPA 101A
was approved by the Director of the Federal Register, in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. The code is available for
inspection at the Office of the Federal Register, room 700, 800 North
Capitol Street NW., Washington, DC and the Department of Veterans
Affairs, Office of Regulations Management (02D), room 1176, 801 Eye
Street NW., Washington, DC 20001. Copies may be obtained from the
National Fire Protection Association, Battery March Park, Quincy, MA
02269. (For ordering information, call toll-free 1-800-344-3555.)
* * * * *
4. In Sec. 17.53b, paragraph (a)(1)(i) is revised to read as
follows:
Sec. 17.53b Contracts for residential treatment services for veterans
with alcohol or drug dependence or abuse disabilities.
(a) * * *
(1) * * *
(i) The building must meet the requirements of the applicable
residential occupancy chapters 1-7, 22-23, and 31 of the Life Safety
Code (NFPA 101) published by the National Fire Protection Association
(NFPA). Battery March Park, Quincy, MA 02269, 1994 edition. (For
ordering information, call toll-free 1-800-344-3555.) The 1994 edition
of the Life Safety Code is hereby incorporated by reference into this
section as though set forth in full herein. This code is available for
inspection at the Office of the Federal Register, 800 North Capitol
Street NW., room 700, Washington, DC and the Department of Veterans
Affairs, Office of Regulations Management (02D), room 1176, 801 Eye
Street NW., Washington, DC 20001. Any equivalencies or variances to
Department of Veterans Affairs requirements must be approved by the
appropriate Veterans Health Administration Regional Director.
* * * * *
5. In Sec. 17.53c, paragraph (a)(1)(i) is revised to read as
follows:
Sec. 17.53c Contracts for outpatient services for veterans with
alcohol or drug dependence or abuse disabilities.
(a) * * *
(1) * * *
(i) The building must meet the requirements of the applicable
business occupancy chapters 1-7, 26-27, and 31 of the Life Safety Code
(NFPA 101) published by the National Fire Protection Association
(NFPA), Battery March Park, Quincy, MA 02269, 1994 edition. (For
ordering information, call toll-free 1-800-344-3555.) The 1994 edition
of the Life Safety Code (NFPA 101) is hereby incorporated by reference
into this section as though set forth in full herein. This code is
available for inspection at the Office of the Federal Register, 800
North Capitol Street NW., room 700, Washington, DC and the Department
of Veterans Affairs, Office of Regulations Management (02D), room 1176,
801 Eye Street NW., Washington, DC 20001. Any Equivalencies or
variances to Department of Veterans Affairs requirements must be
approved by the appropriate Veterans Health Administration Regional
Director.
* * * * *
[FR Doc. 95-22311 Filed 9-8-95; 8:45 am]
BILLING CODE 8320-01-P
