Expansion of State Home Care for Parents of a Child Who Died While Serving in the Armed Forces, 52274-52275 [2011-21292]

Download as PDF 52274 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations each paragraph and adding, in each place a period. ■ b. In paragraph (f)(6), removing ‘‘; or’’ and adding, in its place, a period. ■ c. Adding paragraph (f)(8). The addition reads as follows: Affairs amends 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, and as noted in specific sections. 2. Amend § 17.36 by: a. In paragraph (a)(3), removing ‘‘, or any’’ and adding, in its place, ‘‘(the period between August 2, 1990, and November 11, 1998), or any’’. ■ b. In paragraph (b)(3), removing ‘‘Purple Heart’’ and adding, in its place, ‘‘Medal of Honor or Purple Heart’’. ■ c. In paragraph (b)(6), removing ‘‘, or for any’’ and adding, in its place, ‘‘(the period between August 2, 1990, and November 11, 1998), or for any’’. ■ 3. Amend § 17.108 by: ■ a. In paragraphs (d)(1) through (8), removing the semicolons at the end of each paragraph and adding, in each place, a period. ■ b. In paragraph (d)(9), removing ‘‘; or’’ at the end of the paragraph and adding, in its place, a period; ■ c. Adding paragraph (d)(11). ■ d. Revising the authority citation at the end of the section. The addition and revision read as follows: ■ ■ § 17.108 Copayments for inpatient hospital care and outpatient medical care. * * * * * (d) * * * (11) A veteran who VA determines to be catastrophically disabled, as defined in 38 CFR 17.36(e). * * * * * (Authority: 38 U.S.C. 501, 1710, 1730A) 4. Amend § 17.110 by: a. In paragraphs (c)(1) through (6), removing the semicolons at the end of each paragraph and adding, in each place, a period. ■ b. In paragraph (c)(7), removing ‘‘; and’’ and adding, in its place, a period. ■ c. Adding paragraph (c)(9). ■ d. Revising the authority citation at the end of the section. The addition and revision read as follows: ■ ■ § 17.110 Copayments for medication. mstockstill on DSK4VPTVN1PROD with RULES * * * * * (c) * * * (9) A veteran who VA determines to be catastrophically disabled, as defined in 38 CFR 17.36(e). (Authority: 38 U.S.C. 501, 1710, 1720D, 1722A, 1730A) 5. Amend § 17.111 by: a. In paragraphs (f)(1) through (f)(5), removing the semicolons at the end of ■ ■ VerDate Mar<15>2010 17:10 Aug 19, 2011 Jkt 223001 § 17.111 Copayments for extended care services. * * * * * (f) * * * (8) A veteran who VA determines to be catastrophically disabled, as defined in 38 CFR 17.36(e), is exempt from copayments for adult day health care, non-institutional respite care, and noninstitutional geriatric care. * * * * * [FR Doc. 2011–21291 Filed 8–19–11; 8:45 am] BILLING CODE 8320–01–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 51 RIN 2900–AN96 Expansion of State Home Care for Parents of a Child Who Died While Serving in the Armed Forces Department of Veterans Affairs. Final rule. AGENCY: ACTION: This document amends Department of Veterans Affairs (VA) regulations concerning the payment of per diem to a State for providing nursing home care to eligible veterans. The amendments remove a restriction on VA’s payment of per diem, which required all non-veteran residents of a State home to be spouses of veterans, or parents of veterans all of whose children died while serving in the Armed Forces of the United States. Under this final rule, non-veteran residents of the State home must be spouses of veterans, or parents of veterans any of whose children died while serving in the Armed Forces. DATES: Effective Date: This final rule is effective August 22, 2011. FOR FURTHER INFORMATION CONTACT: Nancy Quest, Chief, State Veterans Home Clinical & Survey Oversight, Geriatrics and Extended Care Services (114), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461–6064. (This is not a toll free number.) SUPPLEMENTARY INFORMATION: Under current 38 CFR 51.210(d), VA pays per diem to a State for providing nursing home care to eligible veterans in a State home if, among other things, all nonSUMMARY: PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 veteran residents of the home are spouses of veterans or parents of veterans all of whose children died while serving in the Armed Forces of the United States. In Public Law 111– 246, Congress mandated that VA administer § 51.210(d) to permit a State home to provide services to ‘‘a nonveteran any of whose children died while serving in the Armed Forces.’’ This final rule implements Public Law 111–246 by amending § 51.210(d) to incorporate the language mandated by Congress. As amended, § 51.210(d) allows States to admit parents, ‘‘any’’ of whose children died while serving in the Armed Forces, to State homes without affecting VA per diem payments to States for care provided to veterans. Effect of Rulemaking Title 38, Code of Federal Regulations, as revised by this final rule, represents VA’s implementation of its exclusive legal authority on this subject. Other than future amendments to this regulation or governing statute or public law, no contrary rules or procedures are authorized. All existing or subsequent VA guidance must be read to conform with this rulemaking if possible or, if not possible, such guidance is superseded by this rulemaking. Administrative Procedure Act These amendments incorporate a specific program requirement mandated by Congress. Accordingly, this rule is exempt from the prior notice-andcomment and delayed-effective-date requirements of 5 U.S.C. 553. 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 regulatory action as a ‘‘significant regulatory action,’’ requiring review by the Office of Management and Budget (OMB) unless OMB waives such review, if it is 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, or State, local, or Tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an action taken or E:\FR\FM\22AUR1.SGM 22AUR1 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 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 final rule have been examined and it has been determined not to be a significant regulatory action under Executive Order 12866. 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, or Tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any given year. This final rule would have no such effect on State, local, or Tribal governments, or on the private sector. mstockstill on DSK4VPTVN1PROD with RULES Paperwork Reduction Act This document contains no provisions constituting a collection of information under the Paperwork Reduction Act (44 U.S.C. 3501–3520). 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. The State homes referenced in this final rule are State government entities under the control of State governments. All State homes are owned, operated and managed by State governments except for a small number that are operated by entities under contract with State governments. These contractors are not small entities. 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 are 64.005, Grants to States for Construction VerDate Mar<15>2010 17:10 Aug 19, 2011 Jkt 223001 52275 of State Home Facilities; 64.009, Veterans Medical Care Benefits; 64.010, Veterans Nursing Home Care; 64.015, Veterans State Nursing Home Care; 64.018, Sharing Specialized Medical Resources; 64.019. ENVIRONMENTAL PROTECTION AGENCY Signing Authority Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revisions to Clean Air Interstate Rule Emissions Trading Program 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 July 7, 2011, for publication. List of Subjects in 38 CFR Part 51 Administrative practice and procedure, Claims, Government contracts, Grant programs-health, Grant programs-veterans, Health care, Health facilities, Health professions, Health records, Mental health programs, Nursing homes, Reporting and recordkeeping requirements, Travel and transportation expenses, Veterans. Dated: August 16, 2011. Robert C. McFetridge, Director of Regulation Policy and Management, Office of the General Counsel, Department of Veterans Affairs. For the reasons stated in the preamble, VA amends 38 CFR part 51 as follows: PART 51—PER DIEM FOR NURSING HOME CARE OF VETERANS IN STATE HOMES 1. The authority citation for part 51 continues to read as follows: ■ Authority: 38 U.S.C. 101, 501, 1710, 1741– 1743, 1745. 2. Amend § 51.210 by: ■ a. In paragraph (d), removing ‘‘or parents all of whose children died while serving in the armed forces’’ and adding, in its place, ‘‘, or parents any of whose children died while serving in the Armed Forces’’. ■ b. Revising the authority citation at the end of the section. The revision reads as follows: ■ § 51.210 * * Administration. * * * (Authority: 38 U.S.C. 101, 501, 1710, 1741– 1743, 8135; Pub. L. 111–246) [FR Doc. 2011–21292 Filed 8–19–11; 8:45 am] BILLING CODE 8320–01–P PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 40 CFR Part 52 [EPA–R03–OAR–2011–0195; FRL–9453–6] Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia. The revision, which amends the Virginia Clean Air Interstate Rule (CAIR) trading program, is comprised of technical corrections and revisions to the definition of a cogeneration unit to ensure the Commonwealth’s CAIR trading program is consistent with federal CAIR requirements. This action is being taken under the Clean Air Act (CAA). DATES: Effective Date: This final rule is effective on September 21, 2011. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2011–0195. All documents in the docket are listed in the http://www.regulations.gov Web site. Although listed in the electronic docket, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy for public inspection during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: Marilyn Powers, (215) 814–2308, or by e-mail at powers.marilyn@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. On September 27, 2010, the Commonwealth of Virginia Department of Environmental Quality (VADEQ) submitted a revision to its SIP, including technical corrections and revisions to the definition of a SUMMARY: E:\FR\FM\22AUR1.SGM 22AUR1

Agencies

[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Rules and Regulations]
[Pages 52274-52275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21292]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 51

RIN 2900-AN96


Expansion of State Home Care for Parents of a Child Who Died 
While Serving in the Armed Forces

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends Department of Veterans Affairs (VA) 
regulations concerning the payment of per diem to a State for providing 
nursing home care to eligible veterans. The amendments remove a 
restriction on VA's payment of per diem, which required all non-veteran 
residents of a State home to be spouses of veterans, or parents of 
veterans all of whose children died while serving in the Armed Forces 
of the United States. Under this final rule, non-veteran residents of 
the State home must be spouses of veterans, or parents of veterans any 
of whose children died while serving in the Armed Forces.

DATES: Effective Date: This final rule is effective August 22, 2011.

FOR FURTHER INFORMATION CONTACT: Nancy Quest, Chief, State Veterans 
Home Clinical & Survey Oversight, Geriatrics and Extended Care Services 
(114), Veterans Health Administration, Department of Veterans Affairs, 
810 Vermont Avenue, NW., Washington, DC 20420, (202) 461-6064. (This is 
not a toll free number.)

SUPPLEMENTARY INFORMATION: Under current 38 CFR 51.210(d), VA pays per 
diem to a State for providing nursing home care to eligible veterans in 
a State home if, among other things, all non-veteran residents of the 
home are spouses of veterans or parents of veterans all of whose 
children died while serving in the Armed Forces of the United States. 
In Public Law 111-246, Congress mandated that VA administer Sec.  
51.210(d) to permit a State home to provide services to ``a non-veteran 
any of whose children died while serving in the Armed Forces.'' This 
final rule implements Public Law 111-246 by amending Sec.  51.210(d) to 
incorporate the language mandated by Congress. As amended, Sec.  
51.210(d) allows States to admit parents, ``any'' of whose children 
died while serving in the Armed Forces, to State homes without 
affecting VA per diem payments to States for care provided to veterans.

Effect of Rulemaking

    Title 38, Code of Federal Regulations, as revised by this final 
rule, represents VA's implementation of its exclusive legal authority 
on this subject. Other than future amendments to this regulation or 
governing statute or public law, no contrary rules or procedures are 
authorized. All existing or subsequent VA guidance must be read to 
conform with this rulemaking if possible or, if not possible, such 
guidance is superseded by this rulemaking.

Administrative Procedure Act

    These amendments incorporate a specific program requirement 
mandated by Congress. Accordingly, this rule is exempt from the prior 
notice-and-comment and delayed-effective-date requirements of 5 U.S.C. 
553.

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 regulatory action as a ``significant regulatory 
action,'' requiring review by the Office of Management and Budget (OMB) 
unless OMB waives such review, if it is 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, or State, local, or Tribal 
governments or communities; (2) create a serious inconsistency or 
otherwise interfere with an action taken or

[[Page 52275]]

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 final rule have been examined and it has been 
determined not to be a significant regulatory action under Executive 
Order 12866.

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, or Tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any given year. This final rule would have no such effect 
on State, local, or Tribal governments, or on the private sector.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

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. The State homes 
referenced in this final rule are State government entities under the 
control of State governments. All State homes are owned, operated and 
managed by State governments except for a small number that are 
operated by entities under contract with State governments. These 
contractors are not small entities. 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 are 
64.005, Grants to States for Construction of State Home Facilities; 
64.009, Veterans Medical Care Benefits; 64.010, Veterans Nursing Home 
Care; 64.015, Veterans State Nursing Home Care; 64.018, Sharing 
Specialized Medical Resources; 64.019.

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 July 7, 2011, for publication.

List of Subjects in 38 CFR Part 51

    Administrative practice and procedure, Claims, Government 
contracts, Grant programs-health, Grant programs-veterans, Health care, 
Health facilities, Health professions, Health records, Mental health 
programs, Nursing homes, Reporting and recordkeeping requirements, 
Travel and transportation expenses, Veterans.

    Dated: August 16, 2011.
Robert C. McFetridge,
Director of Regulation Policy and Management, Office of the General 
Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, VA amends 38 CFR part 51 as 
follows:

PART 51--PER DIEM FOR NURSING HOME CARE OF VETERANS IN STATE HOMES

0
1. The authority citation for part 51 continues to read as follows:

    Authority: 38 U.S.C. 101, 501, 1710, 1741-1743, 1745.

0
2. Amend Sec.  51.210 by:
0
a. In paragraph (d), removing ``or parents all of whose children died 
while serving in the armed forces'' and adding, in its place, ``, or 
parents any of whose children died while serving in the Armed Forces''.
0
b. Revising the authority citation at the end of the section.
    The revision reads as follows:


Sec.  51.210  Administration.

* * * * *

(Authority: 38 U.S.C. 101, 501, 1710, 1741-1743, 8135; Pub. L. 111-
246)


[FR Doc. 2011-21292 Filed 8-19-11; 8:45 am]
BILLING CODE 8320-01-P