Hospital and Outpatient Care for Veterans Released From Incarceration to Transitional Housing, 26683-26685 [2010-11177]
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Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Proposed Rules
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Amendment 39–15889 and
adding the following new AD:
Turbomeca S.A.: Docket No. FAA–2007–
28077; Directorate Identifier 2007–NE–
20–AD.
Comments Due Date
(a) We must receive comments by June 28,
2010.
Affected Airworthiness Directives (ADs)
(b) This AD revises AD 2009–09–03,
Amendment 39–15889.
Applicability
(c) This AD applies to Turbomeca S.A.
Arriel 2B and 2B1 turboshaft engines that
don’t incorporate modification TU166. These
engines are installed on, but not limited to,
Eurocopter AS 350 B3 and EC 130 B4
helicopters.
Reason
(d) This AD results from:
Since issuance of AD 2007–0109,
´
Turbomeca has released modification TU166
which consists in inserting HP blade
dampers between the HP disc and the HP
blade platform. Introduction of these
dampers has demonstrated to limit axial
displacement of the HP blade relative to the
disk in case of blade lock rupture or opening,
therefore eliminating the need for inspection
and replacement.
We are issuing this AD to prevent an
uncommanded in-flight engine shutdown
which could result in an emergency
autorotation landing or an accident.
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Actions and Compliance
(e) Unless already done, do the following
actions:
Initial Inspection
(1) Perform an initial high-pressure (HP)
turbine borescope inspection according to
Turbomeca S.A. Mandatory Service Bulletin
(MSB) No. 292 72 2825, Version B, dated
September 21, 2009, or earlier version as
follows:
(i) For engines with fewer than 500 hours
and 450 cycles since new or since the last HP
turbine borescope inspection, inspect before
reaching 600 hours or 500 cycles whichever
occurs first. Replace HP turbine modules
with rearward turbine blade displacement
greater than 0.5 mm.
(ii) For the remaining engines, inspect
within the next 100 hours. Replace HP
turbine modules with rearward turbine blade
displacement greater than 0.5 mm.
Repetitive Inspections
(2) Perform repetitive HP turbine borescope
inspections according to Turbomeca S.A.
MSB No. 292 72 2825, Version B, dated
September 21, 2009 or earlier version:
(i) Within 600 hours or 500 cycles from the
previous inspection, whichever occurs first,
if the rearward displacement of the turbine
blades was less than 0.2 mm. Replace HP
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13:12 May 11, 2010
Jkt 220001
turbine modules with rearward turbine blade
displacement greater than 0.5 mm.
(ii) Within 100 hours of the previous
inspection if the rearward displacement of
the turbine blades was between 0.2 mm and
0.5 mm. Replace HP turbine modules with
rearward turbine blade displacement greater
than 0.5 mm.
Optional Terminating Action
(f) Incorporating modification TU166
terminates the repetitive inspection
requirements of paragraphs (e)(2)(i) and
(e)(2)(ii) of this AD.
FAA AD Differences
(g) For clarification, we restructured the
actions and compliance wording of this AD.
(h) We deleted the Turbomeca reporting
requirement from the AD.
(i) Although EASA Airworthiness Directive
2007–0109R1, dated November 9, 2009,
applies to the Arriel 2B1A engine, this AD
does not apply to that model because it has
no U.S. type certificate.
Alternative Methods of Compliance
(AMOCs)
(j) The Manager, Engine Certification
Office, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.
Related Information
(k) Refer to EASA Airworthiness Directive
2007–0109R1, dated November 9, 2009, and
Turbomeca S.A. MSB No. 292 72 2825,
Version B, dated September 21, 2009, or
earlier version, for related information.
(l) Contact Kevin Dickert, Aerospace
Engineer, Engine Certification Office, FAA,
Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA
01803; e-mail: kevin.dickert@faa.gov;
telephone (781) 238–7117, fax (781) 238–
7199.
Issued in Burlington, Massachusetts, on
May 5, 2010.
Peter A. White,
Assistant Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 2010–11324 Filed 5–11–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AN41
Hospital and Outpatient Care for
Veterans Released From Incarceration
to Transitional Housing
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: The Department of Veterans
Affairs (VA) proposes to amend its
regulations to authorize VA to provide
hospital and outpatient care to a veteran
in a program that provides transitional
PO 00000
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Fmt 4702
Sfmt 4702
26683
housing upon release from incarceration
in a prison or jail. The proposed rule
would permit VA to work with these
veterans while they are in these
programs with the goal of continuing to
work with them after their release. This
would assist in preventing
homelessness in this population of
veterans.
DATES: Comments must be received on
or before July 12, 2010.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov/; by mail or handdelivery to the Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Avenue,
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AN41 Hospital and Outpatient Care for
Veterans Released from Incarceration to
Transitional Housing.’’ Copies of
comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of 8
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 461–4902 for an appointment. In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at https://
www.Regulations.gov/.
FOR FURTHER INFORMATION CONTACT:
James McGuire, Program Manager,
Healthcare for Re-entry Veterans,
Veterans Health Administration,
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420, (202) 461–1591. (This is not a
toll free number.)
SUPPLEMENTARY INFORMATION: Section
1710(h) of title 38, United States Code,
states that VA is not required ‘‘to furnish
care to a veteran to whom another
agency of Federal, State, or local
government has a duty to provide care
in an institution of such government.’’
The implementing regulation for section
1710(h) is 38 CFR 17.38(c)(5). Generally,
§ 17.38(c)(5) bars VA from providing
‘‘[h]ospital and outpatient care for a
veteran who is either a patient or inmate
in an institution of another government
agency if that agency has a duty to give
the care or services.’’ Typically,
government agencies have a duty to
provide medical care to inmates who
have been released from incarceration in
a prison or jail to a temporary housing
program (such as a community
residential re-entry center or halfway
house).
This duty may exist even though the
responsible government agency expects
E:\FR\FM\12MYP1.SGM
12MYP1
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
26684
Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Proposed Rules
residents in these programs to arrange
for their own medical care. Irrespective
of whether a duty exists, however, VA
wants to be able to provide hospital and
outpatient care to eligible veterans in
these programs. Under § 17.38(c)(5), VA
cannot provide care to veterans in these
programs if the other government
agency has a duty to provide the care
unless that agency is willing to pay VA
for the care by contract. Accordingly, we
propose to amend § 17.38 to establish
that the exclusion in paragraph (c)(5)
does not apply to any veteran who is
released from incarceration to a
transitional housing program. This
amendment is necessary to authorize
VA hospital and outpatient care for
these veterans who often require
additional assistance in successfully
transitioning from incarceration. This
amendment would not be contrary to
section 1710(h) because that provision
only states that VA is not required to
provide care to these veterans; it does
not prohibit VA from providing care to
them.
VA wants to provide care to these
veterans because VA has found that
upon release from jail or prison these
veterans are particularly at risk of not
receiving adequate care and in many
cases become homeless after their
release from transitional housing
programs. Under 38 U.S.C. 2022(a), VA
is charged with reaching out ‘‘to
veterans at risk of homelessness,
including particularly veterans who are
being discharged or released from
institutions after * * * imprisonment.’’
Outreach workers for the Veterans
Health Administration report that
veterans with acute or chronic medical
or psychiatric problems treated while
incarcerated often have difficulty
obtaining similar treatment during a
transitional period. In particular, if
mental health issues are not addressed
during the transitional period, upon
release, many of these veterans are
rendered incapable of finding or
maintaining appropriate housing.
In addition to being an important
component of VA’s duty to attempt to
prevent veterans from becoming
homeless, establishing that the
exclusion in 38 CFR 17.38(c)(5) does not
apply to veterans who are residents in
transitional housing programs offers
potentially significant public benefits
and will further other VA policies. For
example, section 20 of VHA Handbook
1160.01 specifically requires VA to
‘‘engage with veterans being released
from prison in need of care.’’ VHA
Handbook 1160.01, section 20(a)(2). As
significant numbers of veterans in these
programs have difficulty obtaining
medical treatment comparable to the
VerDate Mar<15>2010
13:12 May 11, 2010
Jkt 220001
treatment they received in prison, some
begin to believe the only way they can
obtain treatment is to violate the terms
of their release and return to prison. A
2008 Urban Institute study of a large reentry population cohort, found
healthcare played a key role in the first
months of community readjustment and
reduced recidivism. Mallik-Kane, K, and
Visher, C.A., Health and prisoner reentry: How physical, mental, and
substance abuse conditions shape the
process of re-integration. Urban Institute
Justice Policy Center: Washington, DC
(2008). In particular, the study noted
that access to medications for chronic
health and mental health conditions is
a low-cost powerful tool in preventing
recidivism.
For the foregoing reasons, VA
proposes to amend 38 CFR 17.38 to
revise the exclusion in the VA medical
benefits package for a veteran who is a
patient or inmate in an institution of
another government agency so that the
exclusion does not apply to a veteran
who is a resident of a transitional
housing program. For purposes of this
proposed rule, a ‘‘transitional housing
program,’’ would include community
residential re-entry centers, halfway
houses, and similar residential facilities.
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 an
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
given year. This proposed rule would
have no such effect on State, local and
tribal governments, on the private
sector.
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
Order classifies a ‘‘significant regulatory
action,’’ requiring review by the Office
of Management and Budget (OMB), as a
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, State, local, or tribal governments
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
or communities; (2) create a serious
inconsistency or otherwise interfere
with an action planned or taken 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 proposed rule have
been examined, and it has been
determined not to be a significant
regulatory action under Executive Order
12866.
Paperwork Reduction Act
The proposed rule does not contain
any collections of information under the
Paperwork Reduction Act (44 U.S.C.
3501–3520).
Regulatory Flexibility Act
The Secretary hereby certifies that
this 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. This
proposed rule would only affect
individuals, not small entities.
Therefore, pursuant to 5 U.S.C. 605(b),
this proposed 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 numbers and titles for the
programs affected by this document are
64.009, Veterans Medical Care Benefits;
64.011, Veterans Dental Care; 64.012,
Veterans Prescription Service; 64.013,
Veterans Prosthetic Appliances; 64.019,
Veterans Rehabilitation Alcohol and
Drug Dependence; and 64.022, Veterans
Home Based Primary Care.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. John
R. Gingrich, Chief of Staff, Department
of Veterans Affairs, approved this
document on May 3, 2010, for
publication.
List of Subjects in 38 CFR Part 17
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug
E:\FR\FM\12MYP1.SGM
12MYP1
Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Proposed Rules
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.
Dated: May 6, 2010.
Robert C. McFetridge,
Director, Regulation Policy and Management,
Office of the General Counsel.
For the reasons stated in the
preamble, VA proposes to amend 38
CFR part 17 as follows:
PART 17—MEDICAL
1. The authority citation for part 17
continues to read as follows:
Authority: 38 U.S.C. 501, 1721, and as
noted in specific sections.
2. Amend § 17.38 by revising
paragraph (c)(5) to read as follows:
§ 17.38
Medical benefits package.
*
*
*
*
*
(c) * * *
(5) Hospital and outpatient care for a
veteran who is either a patient or inmate
in an institution of another government
agency if that agency has a duty to give
the care or services. This exclusion does
not apply to veterans who are released
from incarceration in a prison or jail
into a temporary housing program (such
as a community residential re-entry
center or halfway house).
*
*
*
*
*
[FR Doc. 2010–11177 Filed 5–11–10; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
[EPA–R04–OAR–2010–0134–201007; FRL–
9150–1]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Kentucky; Redesignation of
the Kentucky Portion of the CincinnatiHamilton 1997 8-Hour Ozone
Nonattainment Area to Attainment
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: On January 29, 2010, the
Commonwealth of Kentucky, through
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13:12 May 11, 2010
Jkt 220001
the Kentucky Energy and Environment
Cabinet, Division for Air Quality (DAQ),
submitted a request to redesignate the
Kentucky portion of the tri-state
Cincinnati-Hamilton 8-hour ozone
nonattainment area (the ‘‘tri-state
Cincinnati-Hamilton Area’’) to
attainment for the 1997 8-hour ozone
national ambient air quality standards
(NAAQS); and to approve the state
implementation plan (SIP) revision
containing a maintenance plan for the
Kentucky portion of the tri-state
Cincinnati-Hamilton Area. The tri-state
Cincinnati-Hamilton 1997 8-hour ozone
nonattainment area is composed of
Boone, Campbell and Kenton Counties
in Kentucky (hereafter also referred to as
‘‘Northern Kentucky’’); Butler, Clermont,
Clinton, Hamilton and Warren Counties
in Ohio; and a portion of Dearborn
County in Indiana. In this action, EPA
is proposing to: Determine that the tristate Cincinnati-Hamilton Area has
attained the 1997 8-hour ozone NAAQS;
approve Kentucky’s redesignation
request for Boone, Campbell and Kenton
Counties in Kentucky as part of the tristate Cincinnati Area; approve the 1997
8-hour ozone maintenance plan for
Northern Kentucky, including the motor
vehicle emission budgets (MVEBs) for
nitrogen oxides (NOX) and volatile
organic compounds (VOC) for the years
2015 and 2020; and approve the 2008
emissions inventory for Northern
Kentucky as meeting the requirements
of the Clean Air Act (CAA). EPA’s
proposed approval of Kentucky’s
redesignation request is based on the
belief that Kentucky’s request meets the
criteria for redesignation to attainment
specified in the CAA, including the
determination that the entire tri-state
Cincinnati-Hamilton ozone
nonattainment area has attained the
1997 8-hour ozone NAAQS. In a
separate rulemaking action, EPA has
proposed to approve redesignation
requests and maintenance plans
submitted by Ohio and Indiana for their
respective portions of this 1997 8-hour
ozone area.
In this action, EPA is also notifying
the public of the status of EPA’s
adequacy determination for the new
2015 and 2020 MVEBs that are
contained in the 1997–8-hour ozone
maintenance plan for Northern
Kentucky. MVEBs for the Ohio and
Indiana portions of this Area are
included in the Ohio and Indiana
submittals, and are being addressed
through EPA’s separate action for those
submissions. EPA is also in the process
of rulemaking on a new 8-hour ozone
NAAQS. Today’s actions, however,
PO 00000
Frm 00005
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26685
relate only to the 1997 8-hour ozone
NAAQS.
DATES: Comments must be received on
or before June 11, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2010–0134, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2010–0134,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms.
Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2010–
0134. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
E:\FR\FM\12MYP1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 91 (Wednesday, May 12, 2010)]
[Proposed Rules]
[Pages 26683-26685]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-11177]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AN41
Hospital and Outpatient Care for Veterans Released From
Incarceration to Transitional Housing
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its
regulations to authorize VA to provide hospital and outpatient care to
a veteran in a program that provides transitional housing upon release
from incarceration in a prison or jail. The proposed rule would permit
VA to work with these veterans while they are in these programs with
the goal of continuing to work with them after their release. This
would assist in preventing homelessness in this population of veterans.
DATES: Comments must be received on or before July 12, 2010.
ADDRESSES: Written comments may be submitted through https://www.Regulations.gov/; by mail or hand-delivery to the Director,
Regulations Management (02REG), Department of Veterans Affairs, 810
Vermont Avenue, NW., Room 1068, Washington, DC 20420; or by fax to
(202) 273-9026. Comments should indicate that they are submitted in
response to ``RIN 2900-AN41 Hospital and Outpatient Care for Veterans
Released from Incarceration to Transitional Housing.'' Copies of
comments received will be available for public inspection in the Office
of Regulation Policy and Management, Room 1063B, between the hours of 8
a.m. and 4:30 p.m., Monday through Friday (except holidays). Please
call (202) 461-4902 for an appointment. In addition, during the comment
period, comments may be viewed online through the Federal Docket
Management System (FDMS) at https://www.Regulations.gov/.
FOR FURTHER INFORMATION CONTACT: James McGuire, Program Manager,
Healthcare for Re-entry Veterans, Veterans Health Administration,
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC
20420, (202) 461-1591. (This is not a toll free number.)
SUPPLEMENTARY INFORMATION: Section 1710(h) of title 38, United States
Code, states that VA is not required ``to furnish care to a veteran to
whom another agency of Federal, State, or local government has a duty
to provide care in an institution of such government.'' The
implementing regulation for section 1710(h) is 38 CFR 17.38(c)(5).
Generally, Sec. 17.38(c)(5) bars VA from providing ``[h]ospital and
outpatient care for a veteran who is either a patient or inmate in an
institution of another government agency if that agency has a duty to
give the care or services.'' Typically, government agencies have a duty
to provide medical care to inmates who have been released from
incarceration in a prison or jail to a temporary housing program (such
as a community residential re-entry center or halfway house).
This duty may exist even though the responsible government agency
expects
[[Page 26684]]
residents in these programs to arrange for their own medical care.
Irrespective of whether a duty exists, however, VA wants to be able to
provide hospital and outpatient care to eligible veterans in these
programs. Under Sec. 17.38(c)(5), VA cannot provide care to veterans
in these programs if the other government agency has a duty to provide
the care unless that agency is willing to pay VA for the care by
contract. Accordingly, we propose to amend Sec. 17.38 to establish
that the exclusion in paragraph (c)(5) does not apply to any veteran
who is released from incarceration to a transitional housing program.
This amendment is necessary to authorize VA hospital and outpatient
care for these veterans who often require additional assistance in
successfully transitioning from incarceration. This amendment would not
be contrary to section 1710(h) because that provision only states that
VA is not required to provide care to these veterans; it does not
prohibit VA from providing care to them.
VA wants to provide care to these veterans because VA has found
that upon release from jail or prison these veterans are particularly
at risk of not receiving adequate care and in many cases become
homeless after their release from transitional housing programs. Under
38 U.S.C. 2022(a), VA is charged with reaching out ``to veterans at
risk of homelessness, including particularly veterans who are being
discharged or released from institutions after * * * imprisonment.''
Outreach workers for the Veterans Health Administration report that
veterans with acute or chronic medical or psychiatric problems treated
while incarcerated often have difficulty obtaining similar treatment
during a transitional period. In particular, if mental health issues
are not addressed during the transitional period, upon release, many of
these veterans are rendered incapable of finding or maintaining
appropriate housing.
In addition to being an important component of VA's duty to attempt
to prevent veterans from becoming homeless, establishing that the
exclusion in 38 CFR 17.38(c)(5) does not apply to veterans who are
residents in transitional housing programs offers potentially
significant public benefits and will further other VA policies. For
example, section 20 of VHA Handbook 1160.01 specifically requires VA to
``engage with veterans being released from prison in need of care.''
VHA Handbook 1160.01, section 20(a)(2). As significant numbers of
veterans in these programs have difficulty obtaining medical treatment
comparable to the treatment they received in prison, some begin to
believe the only way they can obtain treatment is to violate the terms
of their release and return to prison. A 2008 Urban Institute study of
a large re-entry population cohort, found healthcare played a key role
in the first months of community readjustment and reduced recidivism.
Mallik-Kane, K, and Visher, C.A., Health and prisoner re-entry: How
physical, mental, and substance abuse conditions shape the process of
re-integration. Urban Institute Justice Policy Center: Washington, DC
(2008). In particular, the study noted that access to medications for
chronic health and mental health conditions is a low-cost powerful tool
in preventing recidivism.
For the foregoing reasons, VA proposes to amend 38 CFR 17.38 to
revise the exclusion in the VA medical benefits package for a veteran
who is a patient or inmate in an institution of another government
agency so that the exclusion does not apply to a veteran who is a
resident of a transitional housing program. For purposes of this
proposed rule, a ``transitional housing program,'' would include
community residential re-entry centers, halfway houses, and similar
residential facilities.
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 an 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 given year. This proposed rule would have no such
effect on State, local and tribal governments, on the private sector.
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 Order
classifies a ``significant regulatory action,'' requiring review by the
Office of Management and Budget (OMB), as a 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, State, local, or tribal
governments or communities; (2) create a serious inconsistency or
otherwise interfere with an action planned or taken 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 proposed rule have been examined, and it has been
determined not to be a significant regulatory action under Executive
Order 12866.
Paperwork Reduction Act
The proposed rule does not contain any collections of information
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).
Regulatory Flexibility Act
The Secretary hereby certifies that this 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. This proposed rule would only affect individuals, not
small entities. Therefore, pursuant to 5 U.S.C. 605(b), this proposed
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 numbers and titles for
the programs affected by this document are 64.009, Veterans Medical
Care Benefits; 64.011, Veterans Dental Care; 64.012, Veterans
Prescription Service; 64.013, Veterans Prosthetic Appliances; 64.019,
Veterans Rehabilitation Alcohol and Drug Dependence; and 64.022,
Veterans Home Based Primary Care.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. John R.
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this
document on May 3, 2010, for publication.
List of Subjects in 38 CFR Part 17
Administrative practice and procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug
[[Page 26685]]
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.
Dated: May 6, 2010.
Robert C. McFetridge,
Director, Regulation Policy and Management, Office of the General
Counsel.
For the reasons stated in the preamble, VA proposes to amend 38 CFR
part 17 as follows:
PART 17--MEDICAL
1. The authority citation for part 17 continues to read as follows:
Authority: 38 U.S.C. 501, 1721, and as noted in specific
sections.
2. Amend Sec. 17.38 by revising paragraph (c)(5) to read as
follows:
Sec. 17.38 Medical benefits package.
* * * * *
(c) * * *
(5) Hospital and outpatient care for a veteran who is either a
patient or inmate in an institution of another government agency if
that agency has a duty to give the care or services. This exclusion
does not apply to veterans who are released from incarceration in a
prison or jail into a temporary housing program (such as a community
residential re-entry center or halfway house).
* * * * *
[FR Doc. 2010-11177 Filed 5-11-10; 8:45 am]
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