Technical Revisions To Update Reference to the Required Assessment Tool for State Nursing Homes Receiving Per Diem Payments From VA, 26183-26184 [2012-10590]

Download as PDF Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets. § 0.132 [Amended] 3. Section 0.132 is amended by— a. Removing paragraph (a); b. Redesignating paragraphs (b) and (c) as paragraphs (a) and (b), respectively; ■ c. Adding a comma after the word ‘‘personnel’’ in newly redesignated paragraph (a); and ■ d. Removing the words ‘‘in paragraph (b) of this section’’ from newly redesignated paragraph (b) and adding in their place the words ‘‘by paragraph (a) of this section and by 28 CFR 0.172’’. ■ 4. Section 0.172 is revised to read as follows: ■ ■ ■ Congressional Review Act § 0.172 This action pertains to agency management, personnel, and organization and does not substantially affect the rights or obligations of nonagency parties. Accordingly, it is not a ‘‘rule’’ for purposes of the reporting requirement of 5 U.S.C. 801. (a) Delegation of authority. Subject to the limitations set forth in paragraph (b) of this section, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Director of the United States Marshals Service, the Administrator of the Drug Enforcement Administration, the Director of the Federal Bureau of Investigation, and the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall have authority under section 2672 of title 28, United States Code, relating to the administrative settlement of Federal tort claims, to consider, ascertain, adjust, determine, compromise, and settle any claim involving their respective components, provided that any award, compromise, or settlement shall not exceed $50,000. (b) Limitations on authority. Any proposed award, compromise, or settlement under section 2672 of title 28, United States Code, must be referred to the Assistant Attorney General in charge of the Civil Division, or his delegee, when— (1) Because a significant question of law or policy is presented, or for any other reason, the head of the referring component is of the opinion that the proposed award, compromise, or settlement should receive the personal attention of the Assistant Attorney General or his delegee; (2) Two or more claims arise from the same subject matter and the total amount of any award, compromise, or settlement of all claims will or may exceed $50,000; or (3) The award, compromise, or settlement of a particular claim, as a practical matter, will or may control or adversely influence the disposition of other claims and the total settlement value of all claims will or may exceed $50,000. (c) Subject to the provisions of § 0.160, the Assistant Attorney General List of Subjects in 28 CFR Part 0 Authority delegations (Government agencies), Government employees, Organization and functions (Government agencies), Privacy, Reporting and recordkeeping requirements, Whistleblowing. Authority and Issuance Accordingly, by virtue of the authority vested in me as Attorney General, including 5 U.S.C. 301, and 28 U.S.C. 509, 510, and for the reasons set forth in the preamble, part 0 of title 28 of the Code of Federal Regulations is amended as follows: PART 0—ORGANIZATION OF THE DEPARTMENT OF JUSTICE 1. The authority citation for 28 CFR Part 0 continues to read as follows: ■ Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515–519. § 0.89a [Amended] 2. Section 0.89a is amended by— a. Removing paragraph (a); b. Redesignating paragraphs (b) and (c) as paragraphs (a) and (b), respectively; ■ c. Removing the word ‘‘further’’ from newly redesignated paragraph (a); ■ d. Adding a comma after the parenthetical ‘‘(31 U.S.C. 3274)’’ in newly redesignated paragraph (a); and ■ e. Removing the words ‘‘by paragraphs (a) and (b) of this section’’ from newly redesignated paragraph (b) and adding in their place the words ‘‘by paragraph (a) of this section and by 28 CFR 0.172’’. wreier-aviles on DSK7SPTVN1PROD with RULES ■ ■ ■ VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 PO 00000 Authority: Federal tort claims. Frm 00035 Fmt 4700 Sfmt 4700 26183 in charge of the Civil Division shall have authority to consider, ascertain, adjust, determine, compromise, and settle any other claim involving the Department under section 2672, of title 28, U.S. Code, relating to the administrative settlement of Federal tort claims. Dated: April 27, 2012. Eric H. Holder, Jr., Attorney General. [FR Doc. 2012–10641 Filed 5–2–12; 8:45 am] BILLING CODE 4410–12–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 51 RIN 2900–AO02 Technical Revisions To Update Reference to the Required Assessment Tool for State Nursing Homes Receiving Per Diem Payments From VA Department of Veterans Affairs. Final rule. AGENCY: ACTION: This rule updates the reference to the required resident assessment tool for State homes that receive per diem from VA for providing nursing home care to veterans. It requires State nursing homes receiving per diem from VA to use the most recent version of the Centers for Medicare and Medicaid Services (CMS) Resident Assessment Instrument/Minimum Data Set (MDS), which is version 3.0. This will ensure that the standard used to assess veterans is the same as the standard applicable to Medicare and Medicaid beneficiaries. DATES: This final rule is effective June 4, 2012. FOR FURTHER INFORMATION CONTACT: Nancy Quest, Director, Home and Community Based Services, Geriatrics and Extended Care Services (10P4G), 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: This document adopts as a final rule without change a proposed rule amending the Department of Veterans Affairs (VA) regulations. On November 10, 2011, VA published in the Federal Register (76 FR 70076) a proposal to amend VA regulations to update the reference to the required resident assessment tool for State homes providing nursing home care, CMS Resident Assessment SUMMARY: E:\FR\FM\03MYR1.SGM 03MYR1 26184 Federal Register / Vol. 77, No. 86 / Thursday, May 3, 2012 / Rules and Regulations Instrument/MDS. The MDS is a core set of screening, clinical, and functional status elements that form the foundation of the comprehensive assessment for all residents of long term care facilities certified to participate in Medicare and Medicaid. The MDS is the standardized assessment instrument in long term care that is used to identify the health care needs of residents and generate a plan of care, regardless of source of payment for the individual resident. VA therefore requires State homes receiving per diem for the provision of long term care to veterans to use the MDS, and implements this requirement in 38 CFR 51.110(b)(1)(i). On October 1, 2010, all CMS certified long term care facilities were required to update their assessment from MDS 2.0 to MDS 3.0. VA in turn proposed in a rulemaking that State homes receiving per diem to provide long term care to veterans use the most up to date version of MDS. Interested persons were invited to submit comments to the proposed rule on or before January 9, 2012, and we received no comments. Therefore, based on the rationale set forth in the proposed rule, VA is adopting the proposed rule as a final rule without change. Effect of Rulemaking Title 38 of the Code of Federal Regulations, as revised by this rulemaking, represents VA’s implementation of its legal authority on this subject. Other than future amendments to this regulation or governing statutes, no contrary guidance 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. wreier-aviles on DSK7SPTVN1PROD with RULES Paperwork Reduction Act This final rule contains no collections of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3521). Regulatory Flexibility Act The Secretary hereby certifies that this regulatory amendment 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. This amendment will not directly affect any small entities, as the State homes that are subject to this rulemaking 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 VerDate Mar<15>2010 15:19 May 02, 2012 Jkt 226001 contract with State governments. These contractors are not small entities. Therefore, under 5 U.S.C. 605(b), this amendment is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess the 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 effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a ‘‘significant regulatory action,’’ which requires review by the Office of Management and Budget (OMB), 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 this Executive Order.’’ The economic, interagency, budgetary, legal, and policy implications of this regulatory action 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, 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 rule will have no such effect on State, local, and tribal governments, or on the private sector. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 Catalog of Federal Domestic Assistance Numbers The Catalog of Federal Domestic Assistance numbers and titles for the programs affected by this document 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, Veterans Rehabilitation, Alcohol and Drug Dependence. 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 April 24, 2012, for publication. List of Subjects in 38 CFR Part 51 Administrative practice and procedure, Claims, Day care, Dental health 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: April 27, 2012 Robert C. McFetridge, Director of Regulation Policy and Management, Office of General Counsel, Department of Veterans Affairs. For the reasons stated in the preamble, the Department of Veterans Affairs is amending 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, 1720, 1741–1743; and as stated in specific sections. § 51.110 [Amended] 2. Amend § 51.110(b)(1)(i) by removing the phrase ‘‘Version 2.0’’ and adding, in its place, ‘‘Version 3.0’’. ■ [FR Doc. 2012–10590 Filed 5–2–12; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\03MYR1.SGM 03MYR1

Agencies

[Federal Register Volume 77, Number 86 (Thursday, May 3, 2012)]
[Rules and Regulations]
[Pages 26183-26184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10590]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 51

RIN 2900-AO02


Technical Revisions To Update Reference to the Required 
Assessment Tool for State Nursing Homes Receiving Per Diem Payments 
From VA

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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

SUMMARY: This rule updates the reference to the required resident 
assessment tool for State homes that receive per diem from VA for 
providing nursing home care to veterans. It requires State nursing 
homes receiving per diem from VA to use the most recent version of the 
Centers for Medicare and Medicaid Services (CMS) Resident Assessment 
Instrument/Minimum Data Set (MDS), which is version 3.0. This will 
ensure that the standard used to assess veterans is the same as the 
standard applicable to Medicare and Medicaid beneficiaries.

DATES: This final rule is effective June 4, 2012.

FOR FURTHER INFORMATION CONTACT: Nancy Quest, Director, Home and 
Community Based Services, Geriatrics and Extended Care Services 
(10P4G), 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: This document adopts as a final rule without 
change a proposed rule amending the Department of Veterans Affairs (VA) 
regulations. On November 10, 2011, VA published in the Federal Register 
(76 FR 70076) a proposal to amend VA regulations to update the 
reference to the required resident assessment tool for State homes 
providing nursing home care, CMS Resident Assessment

[[Page 26184]]

Instrument/MDS. The MDS is a core set of screening, clinical, and 
functional status elements that form the foundation of the 
comprehensive assessment for all residents of long term care facilities 
certified to participate in Medicare and Medicaid. The MDS is the 
standardized assessment instrument in long term care that is used to 
identify the health care needs of residents and generate a plan of 
care, regardless of source of payment for the individual resident. VA 
therefore requires State homes receiving per diem for the provision of 
long term care to veterans to use the MDS, and implements this 
requirement in 38 CFR 51.110(b)(1)(i).
    On October 1, 2010, all CMS certified long term care facilities 
were required to update their assessment from MDS 2.0 to MDS 3.0. VA in 
turn proposed in a rulemaking that State homes receiving per diem to 
provide long term care to veterans use the most up to date version of 
MDS. Interested persons were invited to submit comments to the proposed 
rule on or before January 9, 2012, and we received no comments. 
Therefore, based on the rationale set forth in the proposed rule, VA is 
adopting the proposed rule as a final rule without change.

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
rulemaking, represents VA's implementation of its legal authority on 
this subject. Other than future amendments to this regulation or 
governing statutes, no contrary guidance 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.

Paperwork Reduction Act

    This final rule contains no collections of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521).

Regulatory Flexibility Act

    The Secretary hereby certifies that this regulatory amendment 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. This amendment will not directly affect any small 
entities, as the State homes that are subject to this rulemaking 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, under 5 U.S.C. 605(b), this amendment is exempt from the 
initial and final regulatory flexibility analysis requirements of 
sections 603 and 604.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
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 effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action,'' which requires review by the Office 
of Management and Budget (OMB), 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 
this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action 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, 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 rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance Numbers

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document 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, Veterans Rehabilitation, Alcohol and Drug Dependence.

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 April 24, 2012, for publication.

List of Subjects in 38 CFR Part 51

    Administrative practice and procedure, Claims, Day care, Dental 
health 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: April 27, 2012
Robert C. McFetridge,
Director of Regulation Policy and Management, Office of General 
Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, the Department of Veterans 
Affairs is amending 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, 1720, 1741-1743; and as 
stated in specific sections.


Sec.  51.110  [Amended]

0
2. Amend Sec.  51.110(b)(1)(i) by removing the phrase ``Version 2.0'' 
and adding, in its place, ``Version 3.0''.

[FR Doc. 2012-10590 Filed 5-2-12; 8:45 am]
BILLING CODE 8320-01-P
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