Grants to States for Construction or Acquisition of State Home Facilities-Update of Authorized Beds, 17859-17861 [2010-7791]
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Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
Executive Order classifies as a
‘‘significant regulatory action,’’ requiring
review by the Office of Management and
Budget (OMB), unless OMB waives such
review, as any regulatory action that is
likely to result in a rule that may: (1)
Have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy, a
sector of the economy, productivity,
competition, jobs, the environment,
public health or safety, or State, local,
or tribal governments or communities;
(2) create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
VA has examined the economic,
interagency, budgetary, legal, and policy
implications of this final rule and has
concluded that it is not a significant
regulatory action under Executive Order
12866.
sroberts on DSKD5P82C1PROD with RULES
Regulatory Flexibility Act
The initial and final regulatory
flexibility analyses requirements of
section 603 and 604 of the Regulatory
Flexibility Act, 5 U.S.C. 601–612, are
not applicable to this rule because a
notice of proposed rulemaking is not
required for this rule. Even so, the
Secretary of Veterans Affairs hereby
certifies that this 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. Therefore, this final rule
is also exempt pursuant to 5 U.S.C.
605(b) from the initial and final
regulatory flexibility analysis
requirements of sections 603 and 604.
Catalog of Federal Domestic Assistance
Numbers
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs affected by this document are
64.109, Veterans Compensation for
Service-Connected Disability; and
64.110, Veterans Dependency and
Indemnity Compensation for ServiceConnected Death.
List of Subjects in 38 CFR Part 1
Administrative practice and
procedure, Archives and records,
Cemeteries, Claims, Courts, Crime,
Flags, Freedom of information,
VerDate Nov<24>2008
17:39 Apr 07, 2010
Jkt 220001
Government contracts, Government
employees, Government property,
Infants and children, Inventions and
patents, Parking, Penalties, Privacy,
Reporting and recordkeeping
requirements, Seals and insignia,
Security measures, Wages.
Approved: February 16, 2010.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
For the reasons set forth in the
preamble, VA amends 38 CFR part 1 as
follows:
■
PART 1—GENERAL PROVISIONS
1. The authority citation for part 1
continues to read as follows:
■
Authority: 38 U.S.C. 501(a), and as noted
in specific sections.
2. Amend § 1.17 by:
a. Revising the section heading;
b. In paragraph (a), removing
‘‘exposure to an herbicide containing 2,
3, 7, 8 tetrachlorodibenzo-p-dioxin
(dioxin) and/or’’;
■ c. In paragraph (c), removing
‘‘exposure to an herbicide containing
dioxin or’’ and by removing, ‘‘§ 3.311a or
§ 3.311b of this title, as appropriate,’’
and adding, in its place, ‘‘§ 3.311 of this
chapter’’;
■ d. In paragraphs (d)(1) and (d)(4),
removing ‘‘a particular type of exposure’’
and adding, in its place, ‘‘exposure to
ionizing radiation’’;
■ e. In paragraph (f), removing ‘‘a
particular exposure’’ and adding, in its
place, ‘‘exposure to ionizing radiation’’;
and
■ f. Revising the authority citation at the
end of the section.
The revisions read as follows:
■
■
■
§ 1.17 Evaluation of studies relating to
health effects of radiation exposure.
*
*
*
*
*
(Authority: 38 U.S.C. 501; Pub. L. 98–542, as
amended by Pub. L. 102–4)
[FR Doc. 2010–7792 Filed 4–7–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 59
RIN 2900–AM70
Grants to States for Construction or
Acquisition of State Home Facilities—
Update of Authorized Beds
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
SUMMARY: This document adopts as a
final rule the proposed rule to amend
PO 00000
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Fmt 4700
Sfmt 4700
17859
Department of Veterans Affairs (VA)
regulations regarding grants to States for
construction or acquisition of State
homes. This final rule updates the
maximum number of nursing home and
domiciliary beds designated for each
State and amends the definition of
‘‘State’’ for purposes of these grants to
include Guam, the Northern Mariana
Islands, and American Samoa.
DATES: Effective Date: This final rule is
effective May 10, 2010.
FOR FURTHER INFORMATION CONTACT:
James F. Burris, MD, Chief Consultant,
Geriatrics and Extended Care State
Home Construction Grant Program
(114), Veterans Health Administration,
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420, (202) 461–6774.
SUPPLEMENTARY INFORMATION: In a
document published in the Federal
Register on July 10, 2009 (74 FR 33192),
VA proposed to amend its regulations at
38 CFR part 59 concerning grants to
States for the construction or acquisition
of State home facilities.
Section 8134(a)(2) of title 38, U.S.C.,
mandates that VA prescribe for each
State the maximum number of nursing
home and domiciliary beds for which
grants may be furnished. Section
8134(a)(4) requires that, not less often
than every four years, VA must review
and, as necessary, revise the regulations
concerning the maximum number of
State home beds designated for each
State. In 2001, VA established the
maximum number of State home beds
for each State based on the projected
demand for such beds in 2009, as
required under section 8134(a)(2). VA
now believes that Congress intended VA
to recalculate the maximum number of
beds for each State based on the
projected demand for care ten years in
the future and that this method would
be consistent with the statutory
requirement for establishing maximum
State home bed numbers. Accordingly,
VA proposed to revise the maximum
number of nursing home and
domiciliary beds for each State, for
which grants may be furnished, based
on the projected demand from veterans
who, in 2020, are 65 years of age or
older and reside in that State.
To compute the maximum number of
beds for each State, we first estimated
that there would be a total population
of 8,672,045 veterans 65 years of age or
older residing in all the States, projected
to the year 2020. We then estimated that
there would be a total demand of 55,299
State home beds nationwide in 2009.
We then allocated the 55,299 beds based
on the percentage of veterans who in
E:\FR\FM\08APR1.SGM
08APR1
17860
Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations
2020 are projected to reside in each
State.
VA provided a 60-day comment
period that ended September 8, 2009.
VA received no comments. Based on the
rationale set forth in the proposed rule
and in this document, we are adopting
the proposed rule as a final rule without
change.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
year. This final rule would have no such
effect on State, local, and tribal
governments, or on the private sector.
sroberts on DSKD5P82C1PROD with RULES
Paperwork Reduction Act of 1995
This document contains no provisions
constituting a new collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521).
Executive Order 12866
Executive Order 12866 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
Executive Order classifies a ‘‘significant
regulatory action,’’ requiring review by
the Office of Management and Budget
(OMB) unless OMB waives such review,
as any regulatory action that is likely to
result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
The economic, interagency,
budgetary, legal, and policy
implications of this rule have been
examined and it has been determined to
VerDate Nov<24>2008
15:46 Apr 07, 2010
Jkt 220001
be a significant regulatory action under
the Executive Order because it may raise
novel legal or policy issues arising out
of legal mandates, the President’s
priorities, or the principles set forth in
the Executive Order.
Northern Mariana Islands, and
American Samoa.
*
*
*
*
*
■ 3. Amend § 59.40 by revising
paragraph (a) to read as follows:
Regulatory Flexibility Act
§ 59.40 Maximum number of nursing home
care and domiciliary care beds for veterans
by State.
The Secretary of Veterans Affairs
hereby certifies that this 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 will affect grants to States and will
not directly affect small entities.
Therefore, pursuant to 5 U.S.C. 605(b),
this final rule is exempt from the initial
and final regulatory flexibility analysis
requirements of sections 603 and 604.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance program number and title for
this rule is as follows: 64.005, Grants to
States for Construction of State Home
Facilities.
List of Subjects in 38 CFR Part 59
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, Reporting
and recordkeeping requirements, Travel
and transportation expenses, and
Veterans.
Approved: March 9, 2010.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
For the reasons stated in the preamble,
VA amends 38 CFR part 59 as follows:
■
PART 59—GRANTS TO STATES FOR
CONSTRUCTION OR ACQUISITION OF
STATE HOMES
1. The authority citation for part 59 is
revised to read as follow:
■
Authority: 38 U.S.C. 101, 501, 1710, 1742,
8105, 8131–8138.
2. Amend § 59.2 by revising the
definition of ‘‘State’’ to read as follows:
■
§ 59.2
Definitions.
*
*
*
*
*
State means each of the several states,
the District of Columbia, the Virgin
Islands, the Commonwealth of Puerto
Rico, Guam, the Commonwealth of the
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
(a) Except as provided in paragraph
(b) of this section, a state may not
request a grant for a project to construct
or acquire a new state home facility, to
increase the number of beds available at
a state home facility, or to replace beds
at a state home facility if the project
would increase the total number of state
home nursing home and domiciliary
beds in that state beyond the maximum
number designated for that state, as
shown in the following chart. The
provisions of 38 U.S.C. 8134 require VA
to prescribe for each state the number of
nursing home and domiciliary beds for
which grants may be furnished (i.e., the
unmet need). A state’s unmet need for
state home nursing home and
domiciliary beds is the number in the
following chart for that state minus the
sum of the number of nursing home and
domiciliary beds in operation at state
home facilities and the number of state
home nursing home and domiciliary
beds not yet in operation but for which
a grant has either been requested or
awarded under this part.
State
Alabama ............................
Alaska ...............................
Arizona ..............................
Arkansas ...........................
California ...........................
Colorado ...........................
Connecticut .......................
Delaware ...........................
District of Columbia ..........
Florida ...............................
Georgia .............................
Hawaii ...............................
Idaho .................................
Illinois ................................
Indiana ..............................
Iowa ..................................
Kansas ..............................
Kentucky ...........................
Louisiana ..........................
Maine ................................
Maryland ...........................
Massachusetts ..................
Michigan ...........................
Minnesota .........................
Mississippi ........................
Missouri ............................
Montana ............................
E:\FR\FM\08APR1.SGM
08APR1
Maximum
number
of state home,
nursing home &
domiciliary
beds based
on 2020
projections
1007
179
1520
653
4363
1114
559
207
83
4049
1975
268
394
1754
1216
578
518
818
638
362
1102
944
1786
1058
480
1257
281
Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations
Maximum
number
of state home,
nursing home &
domiciliary
beds based
on 2020
projections
State
Nebraska ..........................
Nevada .............................
New Hampshire ................
New Jersey .......................
New Mexico ......................
New York ..........................
North Carolina ..................
North Dakota ....................
Ohio ..................................
Oklahoma .........................
Oregon ..............................
Pennsylvania ....................
Puerto Rico .......................
Rhode Island ....................
South Carolina ..................
South Dakota ....................
Tennessee ........................
Texas ................................
Utah ..................................
Vermont ............................
Virginia ..............................
Virgin Islands ....................
Washington .......................
West Virginia ....................
Wisconsin .........................
Wyoming ...........................
American Samoa ..............
Guam ................................
N. Mariana Islands ...........
371
649
361
992
417
2209
1900
137
2143
766
907
2336
288
157
1089
179
1311
4119
426
142
1903
12
1687
406
1062
154
0
12
1
Note to paragraph (a): The provisions of 38
U.S.C. 8134 require that the ‘‘un-met need’’
numbers be based on a 10-year projection of
demand for nursing home and domiciliary
care by veterans who at such time are 65
years of age or older and who reside in that
state. In determining the projected demand,
VA must take into account travel distances
for veterans and their families.
*
*
*
*
*
[FR Doc. 2010–7791 Filed 4–7–10; 8:45 am]
BILLING CODE P
POSTAL SERVICE
39 CFR Part 111
2010 Standard Mail Incentive Program
Postal ServiceTM.
ACTION: Final rule.
sroberts on DSKD5P82C1PROD with RULES
AGENCY:
SUMMARY: The Postal Service is revising
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®), to replace existing section
709.2 with new standards for a volume
incentive program for mailers of
Standard Mail® letters and flats with
mail volume exceeding their individual
USPS®—determined threshold levels.
The program period will be from July 1,
2010 through September 30, 2010.
VerDate Nov<24>2008
15:46 Apr 07, 2010
Jkt 220001
DATES:
Effective Date: July 1, 2010.
FOR FURTHER INFORMATION CONTACT:
Krista Becker at 202–268–7345 or Kevin
Gunther at 202–268–7208.
SUPPLEMENTARY INFORMATION: The Postal
Service is replacing the standards
applicable to the Standard Mail
Incentive Program that ended on
September 30, 2009 with new standards
describing the 2010 Standard Mail
Incentive Program. The 2010 Standard
Mail Incentive Program implements a
volume incentive program for qualified
high-volume mailers of Standard Mail,
or Nonprofit Standard Mail, letters and
flats, with volume mailed between July
1, 2010 and September 30, 2010, above
their individual threshold level. The
threshold level for this program will be
set at five percent (5%) above the
volume demonstrated by the participant
mailer during the same period in 2009.
This program encourages mailers to
generate new volume and demonstrates
the commitment of the Postal Service to
the future health of the mailing
industry.
To participate, mailers must be the
permit holder (i.e. owner) of a permit
imprint advance deposit account(s) or
the owner of qualifying mail volume
entered through the permit imprint
advance deposit account of a mail
service provider. Qualifying mailers
must be able to demonstrate volume of
at least three-hundred and fifty
thousand (350,000) Standard Mail
letters and/or flats, within the program
qualification period of July 1, 2009 to
September 30, 2009, mailed through a
permit imprint advance deposit
account, precanceled stamp permit,
postage meter permit, or by a
combination of these methods.
Applicants may also qualify for the
program with volume mailed through an
account(s) owned by a mail service
provider, when adequate documentation
is provided that specifies the applicant
is the owner of the mail.
The 2010 Standard Mail Incentive
Program encourages mailers to generate
new mail volume. As a deterrent to
mailers shifting previously planned
volume into the program to obtain
incentive credits, the mailing activity of
participating mail owners will be
monitored in the calendar months prior
to and following the end of the program
as follows:
• For the 2010 Standard Mail
Incentive Program, each participant’s
June 2010 and October 2010 expected
volume will be defined as five percent
(5%) over the total volume of Standard
Mail letters and/or flats recorded for the
participant in June 2009 and October
2009 respectively.
PO 00000
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Fmt 4700
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17861
• Each participant’s actual June 2010
and October 2010 volumes will be
compared to their respective June 2010
and October 2010 expected volumes.
Participants demonstrating a shortfall
with volume to either their June 2010 or
October 2010 expected volumes will
have that shortfall deducted from the
number of mailpieces eligible for an
incentive credit within the program
regardless of any surplus demonstrated
in the expected volume threshold of the
other month.
Those mailers identified by the Postal
Service as being eligible to participate in
the program will be sent an invitation
letter on or before May 1, 2010. This
invitation letter will direct interested
mailers to apply for the program online
at https://www.usps.com/summersale.
Mailers wishing to participate in the
program, who believe they meet the
eligibility standards under DMM 709.2.2
(of this final rule) and were not notified
by letter, may request a review of their
eligibility by contacting the USPS at
summersale@usps.gov no later than May
15, 2010. Any mailer wishing to
participate in the program must initially
apply at https://www.usps.com/
summersale no later than May 28, 2010.
Mailers completing the online
application process will receive an
electronic response from the USPS that
includes:
• An individual volume threshold
report.
• A certification letter.
• A threshold inquiry form.
The individual threshold report
displays the applicant’s July 1, 2009 to
September 30, 2009 Standard Mail
letters and flats volume mailing history,
by permit number, and the applicant’s
USPS-calculated threshold. The report
also includes the applicant’s June 2009
and October 2009 mailing histories and
the USPS-calculated expected June 2010
and October 2010 volumes. Applicants
agreeing with the volume histories and
USPS calculations can sign the provided
certification letter and return a copy via
e-mail to summersale@usps.gov, or mail
hardcopy to Summer Sale Program
Office, 475 L’Enfant Plaza, SW., RM
5410, Washington, DC 20260–5410, to
be fully registered for the program. To
simplify the review process, by
identifying potential permit issues prior
to scheduling contact with a USPS
representative, applicants not agreeing
with any portion of their volume
histories must complete the threshold
inquiry form and return it, via e-mail to
summersale@usps.gov, or mail
hardcopy to Summer Sale Program
Office, 475 L’Enfant Plaza, SW., RM
5410, Washington, DC 20260–5410, no
later than June 30, 2010. Applicants
E:\FR\FM\08APR1.SGM
08APR1
]]>Agencies
[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Rules and Regulations]
[Pages 17859-17861]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7791]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 59
RIN 2900-AM70
Grants to States for Construction or Acquisition of State Home
Facilities--Update of Authorized Beds
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document adopts as a final rule the proposed rule to
amend Department of Veterans Affairs (VA) regulations regarding grants
to States for construction or acquisition of State homes. This final
rule updates the maximum number of nursing home and domiciliary beds
designated for each State and amends the definition of ``State'' for
purposes of these grants to include Guam, the Northern Mariana Islands,
and American Samoa.
DATES: Effective Date: This final rule is effective May 10, 2010.
FOR FURTHER INFORMATION CONTACT: James F. Burris, MD, Chief Consultant,
Geriatrics and Extended Care State Home Construction Grant Program
(114), Veterans Health Administration, Department of Veterans Affairs,
810 Vermont Avenue, NW., Washington, DC 20420, (202) 461-6774.
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register on July 10, 2009 (74 FR 33192), VA proposed to amend its
regulations at 38 CFR part 59 concerning grants to States for the
construction or acquisition of State home facilities.
Section 8134(a)(2) of title 38, U.S.C., mandates that VA prescribe
for each State the maximum number of nursing home and domiciliary beds
for which grants may be furnished. Section 8134(a)(4) requires that,
not less often than every four years, VA must review and, as necessary,
revise the regulations concerning the maximum number of State home beds
designated for each State. In 2001, VA established the maximum number
of State home beds for each State based on the projected demand for
such beds in 2009, as required under section 8134(a)(2). VA now
believes that Congress intended VA to recalculate the maximum number of
beds for each State based on the projected demand for care ten years in
the future and that this method would be consistent with the statutory
requirement for establishing maximum State home bed numbers.
Accordingly, VA proposed to revise the maximum number of nursing home
and domiciliary beds for each State, for which grants may be furnished,
based on the projected demand from veterans who, in 2020, are 65 years
of age or older and reside in that State.
To compute the maximum number of beds for each State, we first
estimated that there would be a total population of 8,672,045 veterans
65 years of age or older residing in all the States, projected to the
year 2020. We then estimated that there would be a total demand of
55,299 State home beds nationwide in 2009. We then allocated the 55,299
beds based on the percentage of veterans who in
[[Page 17860]]
2020 are projected to reside in each State.
VA provided a 60-day comment period that ended September 8, 2009.
VA received no comments. Based on the rationale set forth in the
proposed rule and in this document, we are adopting the proposed rule
as a final rule without change.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any year. This final rule would have no such effect on
State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act of 1995
This document contains no provisions constituting a new collection
of information under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3521).
Executive Order 12866
Executive Order 12866 directs agencies to assess all costs and
benefits of available regulatory alternatives and, when regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity). The Executive
Order classifies a ``significant regulatory action,'' requiring review
by the Office of Management and Budget (OMB) unless OMB waives such
review, as any regulatory action that is likely to result in a rule
that may: (1) Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
The economic, interagency, budgetary, legal, and policy
implications of this rule have been examined and it has been determined
to be a significant regulatory action under the Executive Order because
it may raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Regulatory Flexibility Act
The Secretary of Veterans Affairs hereby certifies that this 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 will affect grants to
States and will not directly affect small entities. Therefore, pursuant
to 5 U.S.C. 605(b), this final rule is exempt from the initial and
final regulatory flexibility analysis requirements of sections 603 and
604.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance program number and title
for this rule is as follows: 64.005, Grants to States for Construction
of State Home Facilities.
List of Subjects in 38 CFR Part 59
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, Reporting and
recordkeeping requirements, Travel and transportation expenses, and
Veterans.
Approved: March 9, 2010.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
0
For the reasons stated in the preamble, VA amends 38 CFR part 59 as
follows:
PART 59--GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE
HOMES
0
1. The authority citation for part 59 is revised to read as follow:
Authority: 38 U.S.C. 101, 501, 1710, 1742, 8105, 8131-8138.
0
2. Amend Sec. 59.2 by revising the definition of ``State'' to read as
follows:
Sec. 59.2 Definitions.
* * * * *
State means each of the several states, the District of Columbia,
the Virgin Islands, the Commonwealth of Puerto Rico, Guam, the
Commonwealth of the Northern Mariana Islands, and American Samoa.
* * * * *
0
3. Amend Sec. 59.40 by revising paragraph (a) to read as follows:
Sec. 59.40 Maximum number of nursing home care and domiciliary care
beds for veterans by State.
(a) Except as provided in paragraph (b) of this section, a state
may not request a grant for a project to construct or acquire a new
state home facility, to increase the number of beds available at a
state home facility, or to replace beds at a state home facility if the
project would increase the total number of state home nursing home and
domiciliary beds in that state beyond the maximum number designated for
that state, as shown in the following chart. The provisions of 38
U.S.C. 8134 require VA to prescribe for each state the number of
nursing home and domiciliary beds for which grants may be furnished
(i.e., the unmet need). A state's unmet need for state home nursing
home and domiciliary beds is the number in the following chart for that
state minus the sum of the number of nursing home and domiciliary beds
in operation at state home facilities and the number of state home
nursing home and domiciliary beds not yet in operation but for which a
grant has either been requested or awarded under this part.
------------------------------------------------------------------------
Maximum number
of state home,
nursing home &
State domiciliary
beds based on
2020
projections
------------------------------------------------------------------------
Alabama............................................... 1007
Alaska................................................ 179
Arizona............................................... 1520
Arkansas.............................................. 653
California............................................ 4363
Colorado.............................................. 1114
Connecticut........................................... 559
Delaware.............................................. 207
District of Columbia.................................. 83
Florida............................................... 4049
Georgia............................................... 1975
Hawaii................................................ 268
Idaho................................................. 394
Illinois.............................................. 1754
Indiana............................................... 1216
Iowa.................................................. 578
Kansas................................................ 518
Kentucky.............................................. 818
Louisiana............................................. 638
Maine................................................. 362
Maryland.............................................. 1102
Massachusetts......................................... 944
Michigan.............................................. 1786
Minnesota............................................. 1058
Mississippi........................................... 480
Missouri.............................................. 1257
Montana............................................... 281
[[Page 17861]]
Nebraska.............................................. 371
Nevada................................................ 649
New Hampshire......................................... 361
New Jersey............................................ 992
New Mexico............................................ 417
New York.............................................. 2209
North Carolina........................................ 1900
North Dakota.......................................... 137
Ohio.................................................. 2143
Oklahoma.............................................. 766
Oregon................................................ 907
Pennsylvania.......................................... 2336
Puerto Rico........................................... 288
Rhode Island.......................................... 157
South Carolina........................................ 1089
South Dakota.......................................... 179
Tennessee............................................. 1311
Texas................................................. 4119
Utah.................................................. 426
Vermont............................................... 142
Virginia.............................................. 1903
Virgin Islands........................................ 12
Washington............................................ 1687
West Virginia......................................... 406
Wisconsin............................................. 1062
Wyoming............................................... 154
American Samoa........................................ 0
Guam.................................................. 12
N. Mariana Islands.................................... 1
------------------------------------------------------------------------
Note to paragraph (a): The provisions of 38 U.S.C. 8134 require
that the ``un-met need'' numbers be based on a 10-year projection of
demand for nursing home and domiciliary care by veterans who at such
time are 65 years of age or older and who reside in that state. In
determining the projected demand, VA must take into account travel
distances for veterans and their families.
* * * * *
[FR Doc. 2010-7791 Filed 4-7-10; 8:45 am]
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