Designee for Patient Personal Property, 68127-68129 [2014-26953]

Download as PDF mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Rules and Regulations required under Executive Order 13211 (May 18, 2001). H. Executive Order 12988 (Civil Justice Reform): This rulemaking meets applicable standards to minimize litigation, eliminate ambiguity, and reduce burden as set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 (Feb. 5, 1996). I. Executive Order 13045 (Protection of Children): This rulemaking does not concern an environmental risk to health or safety that may disproportionately affect children under Executive Order 13045 (Apr. 21, 1997). J. Executive Order 12630 (Taking of Private Property): This rulemaking will not affect a taking of private property or otherwise have taking implications under Executive Order 12630 (Mar. 15, 1988). K. Congressional Review Act: Under the Congressional Review Act provisions of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the United States Patent and Trademark Office will submit a report containing the rule and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the Government Accountability Office. The changes in this rulemaking are not expected to result in an annual effect on the economy of 100 million dollars 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 foreign-based enterprises in domestic and export markets. Therefore, this final rule is not a ‘‘major rule’’ as defined in 5 U.S.C. 804(2). L. Unfunded Mandates Reform Act of 1995: The changes set forth in this rulemaking do not involve a Federal intergovernmental mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, of 100 million dollars (as adjusted) or more in any one year, or a Federal private sector mandate that will result in the expenditure by the private sector of 100 million dollars (as adjusted) or more in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995. See 2 U.S.C. 1501 et seq. M. National Environmental Policy Act: This rulemaking will not have any effect on the quality of the environment and is thus categorically excluded from review under the National VerDate Sep<11>2014 16:41 Nov 13, 2014 Jkt 235001 Environmental Policy Act of 1969. See 42 U.S.C. 4321 et seq. N. National Technology Transfer and Advancement Act: The requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) are not applicable because this rulemaking does not contain provisions which involve the use of technical standards. O. Paperwork Reduction Act: The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) requires that the Office consider the impact of paperwork and other information collection burdens imposed on the public. This rulemaking involves information collection requirements which are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3549). An applicant who wishes to participate in the prioritized examination program must submit a certification and request to participate in the prioritized examination program, preferably by using Form PTO/AIA/424. OMB has determined that, under 5 CFR 1320.3(h), Form PTO/AIA/424 does not collect ‘‘information’’ within the meaning of the Paperwork Reduction Act of 1995. This rule making does not impose any additional collection requirements under the Paperwork Reduction Act which are subject to further review by OMB. Notwithstanding any other provision of law, no person is required to respond to, nor shall a person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB control number. List of Subjects in 37 CFR Part 1 Administrative practice and procedure, Courts, Freedom of information, Inventions and patents, Reporting and recordkeeping requirements, Small businesses. For the reasons set forth in the preamble, the interim rule amending 37 CFR part 1 which was published at 79 FR 12386–12390 on March 5, 2014, is adopted as a final rule without change. ■ Dated: November 6, 2014. Michelle K. Lee, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office. [FR Doc. 2014–27037 Filed 11–13–14; 8:45 am] BILLING CODE 3510–16–P PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 68127 DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 12 RIN 2900–AO41 Designee for Patient Personal Property Department of Veterans Affairs. Final rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) is amending its regulation that governs a competent veteran’s designation of a person to receive the veteran’s funds and personal effects in the event that such veteran was to die while in a VA field facility. We are eliminating reference to an obsolete VA form, clarifying the role of a VA fiduciary for an incompetent veteranpatient, as well as restructuring the current regulation for ease of readability. SUMMARY: This final rule is effective December 15, 2014. DATES: FOR FURTHER INFORMATION CONTACT: Kristin J. Cunningham, Director, Business Policy, Chief Business Office (10NB6), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420; (202) 382–2508. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: In a document published in the Federal Register at 78 FR 63139 (October 23, 2013), VA proposed to amend its regulation concerning the disposition of a veteran’s funds and effects. We proposed several changes to 38 U.S.C. part 12. We proposed that, if a competent veteran who is receiving VA medical care dies in a VA field facility, any funds and personal effects belonging to the veteran must be turned over to the person who had been designated by the veteran upon admission to such VA field facility. VA requests and encourages a competent veteran to designate an individual and provide the facility with the individual’s information in order to facilitate the process of disposition of the veteran’s funds and personal effects in the event of his or her death, and to help alleviate some of the burden on the deceased veteran’s survivors. VA currently requests a veteran to name a designee during the registration process when VA admits a veteran for care at a VA field facility and the designee information is recorded by VA personnel directly into the veteran’s medical record. However, having a VA employee enter the designee into the veteran’s medical record without having a signed written designation by the E:\FR\FM\14NOR1.SGM 14NOR1 68128 Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Rules and Regulations veteran increases the risk for litigation against VA by the veteran’s survivors. In order to reduce the risk of litigation, we proposed to create a new VA form. On said form, the veteran will designate an individual to receive the veteran’s funds and effects in the event that such veteran was to die while receiving VA medical care. We also proposed to allow designation of certain family members who could not be designees under the regulation before this amendment, but continued to disallow as a possible designee a VA employee who is not a member of the veteran’s family to avoid any potential for impropriety or the appearance thereof. Finally, we proposed certain revisions to improve readability and otherwise updated the regulatory text. We provided a 60-day comment period, which ended on December 23, 2013. We did not receive any comments on the proposed rule. Based on the rationale set forth in the Supplementary Information to the proposed rule and in this final rule, VA is adopting the proposed rule as a final rule with no changes. mstockstill on DSK4VPTVN1PROD with RULES Effect of Rulemaking Title 38 of the Code of Federal Regulations, as revised by this final 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 The Paperwork Reduction Act of 1995 (44 U.S.C. 3507) requires that VA consider the impact of paperwork and other information collection burdens imposed on the public. Under 44 U.S.C. 3507(a), an agency may not collect or sponsor the collection of information, nor may it impose an information collection requirement unless it displays a currently valid Office of Management and Budget (OMB) control number. See also 5 CFR 1320.8(b)(3)(vi). This final rule imposes the following new information collection requirements. The information required in § 12.1 allows the veteran, upon admission to a VA field facility, to designate a person to receive the veteran’s funds or effects in the event that the veteran dies while admitted to such VA field facility. The information required in § 12.1 would also allow the veteran to change or revoke such VerDate Sep<11>2014 16:41 Nov 13, 2014 Jkt 235001 designee. If the veteran dies in a VA field facility, any funds or personal effects belonging to the veteran must be turned over to a person designated by the veteran. VA requests and encourages a veteran to name a person as a designee in order to facilitate the process of disposition of the veteran’s funds and effects. VA also allows the veteran the opportunity to change or revoke such designee at any time. The information obtained through this collection eliminates some of the burden on the deceased veteran’s survivors in the event of the veteran’s death in a VA field facility. As required by 44 U.S.C. 3507(d), VA submitted this information collection to OMB for its review, and the information collection is pending OMB approval. Notice of OMB approval for this information collection will be published in a future Federal Register document. Until VA receives approval from OMB for the information collection, VA will not collect information associated with this rulemaking. The public is not required to respond to the information collection associated with this rulemaking until OMB approves the information collection. Regulatory Flexibility Act The Secretary 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. This final rule will directly affect only individuals and will not directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking 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 OMB unless OMB waives such review, as ‘‘any regulatory action PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 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. VA’s impact analysis can be found as a supporting document at http://www.regulations.gov, usually within 48 hours after the rulemaking document is published. Additionally, a copy of the rulemaking and its impact analysis are available on VA’s Web site at http://www.va.gov/orpm/. by following the link for VA Regulations Published From FY 2004 Through Fiscal Year to Date. 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 the 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 1 year. This final rule will have no such effect on State, local, and tribal governments, or on the private sector. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance numbers and titles for the programs affected by this document are 64.007, Blind Rehabilitation Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical Care Benefits; 64.010, Veterans Nursing Home Care; 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 E:\FR\FM\14NOR1.SGM 14NOR1 Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Rules and Regulations the Department of Veterans Affairs. Jose D. Riojas, Chief of Staff, Department of Veterans Affairs, approved this document on November 4, 2014, for publication. List of Subjects in 38 CFR Part 12 Estates, Veterans. Dated: November 10, 2014. Janet J. Coleman, Chief, Regulations Development, Tracking, and Control, Office of Regulation Policy & Management, Office of the General Counsel, U.S. Department of Veterans Affairs. For the reasons set out in the preamble, the Department of Veterans Affairs amends 38 CFR part 12 as follows: PART 12—DISPOSITION OF VETERAN’S PERSONAL FUNDS AND EFFECTS 1. The authority citation for part 12 is revised to read as follows: ■ Authority: 38 U.S.C. 501, 8501–8528. § 12.0 [Amended] 2. Amend § 12.0 paragraph (b) by removing the phrase ‘‘funds derived from gratuitous benefits under laws administered by the Department of Veterans Affairs’’ and adding, in its place, ‘‘funds derived from VA benefits’’. ■ 3. Revise § 12.1 to read as follows: ■ mstockstill on DSK4VPTVN1PROD with RULES § 12.1 Designee cases; competent veterans. (a) Designees—general. (1) Upon admission to a VA field facility, VA will request and encourage a competent veteran to designate in writing, on the relevant VA form, an individual to whom VA will deliver the veteran’s funds and effects in the event of the veteran’s death in such VA field facility. The individual named by the veteran is referred to in this part as the designee. (2) The veteran may change or revoke a designation in writing, on the relevant VA form, at any time. (3) If the veteran does not name a designee or if a designee is unable or unwilling to accept delivery of funds or effects, § 12.5 Nondesignee cases, applies. (4) The designee may not be a VA employee unless such employee is a member of the veteran’s family. For purposes of this section, a family member includes the spouse, parent, child, step family member, extended family member or an individual who lives with the veteran but is not a member of the veteran’s family. (5) To be effective, a completed form must be received by the facility head or VerDate Sep<11>2014 16:41 Nov 13, 2014 Jkt 235001 facility designee prior to the veteran’s death. (b) Delivery of funds and effects. The delivery of the veteran’s funds or effects to the designee is only a delivery of possession. Such delivery of possession does not affect in any manner: (1) The title to such funds or effects; or (2) The person legally entitled to ownership of such funds or effects. (c) Veteran becomes incompetent. If a veteran is determined to be incompetent pursuant to an order of a state court or is determined to be unable to manage monetary VA benefits by a VA clinician after the veteran is admitted to a VA field facility, the VA field facility staff will contact the Veterans Benefits Administration for the application of 38 CFR 3.353, regarding an incompetency rating as to whether the veteran is able to manage monetary VA benefits, and, if appropriate, 38 CFR 13.55, regarding VA fiduciary appointments. If the Veterans Benefits Administration determines that a veteran is incompetent to manage monetary VA benefits, any designation by the veteran under paragraph (a) of this section will cease with respect to VA benefits that are deposited by VA into the Personal Funds of Patients. The veteran’s designation will not change with respect to disposition of funds and personal effects derived from non-VA sources, unless a court-appointed guardian or conservator changes or revokes the existing designation. (d) Retention of funds and effects by a veteran. Upon admission to a VA field facility, VA will encourage a competent veteran to: (1) Place articles of little or no use to the veteran during the period of care in the custody of a family member or friend; and (2) Retain only such funds and effects that are actually required and necessary for the veteran’s immediate convenience. (The information collection is pending Office of Management and Budget approval.) (Authority: 38 U.S.C. 8502) § 12.2 [Amended] 4. In § 12.2 amend paragraph (a) by removing the phrase ‘‘funds deposited by the Department of Veterans Affairs in Personal Funds of Patients which were derived from gratuitous benefits under laws administered by the Department of Veterans Affairs’’ and adding, in its place, ‘‘funds deposited by VA in Personal Funds of Patients that were derived from VA benefits’’. ■ PO 00000 Frm 00037 Fmt 4700 Sfmt 9990 § 12.3 68129 [Amended] 5. In § 12.3 amend paragraph (a)(1) by removing the phrase ‘‘funds deposited by the Department of Veterans Affairs in Personal Funds of Patients which were derived from gratuitous benefits under laws administered by the Department of Veterans Affairs’’ and adding, in its place, ‘‘funds deposited by VA in Personal Funds of Patients that were derived from VA benefits,’’ and by removing the word ‘‘gratuitous’’ and adding, in its place ‘‘VA’’. ■ § 12.4 [Amended] 6. Amend § 12.4 by: ■ a. In paragraph (a) introductory text, removing the phrase ‘‘funds on deposit in Personal Funds of Patients derived from gratuitous benefits under laws administered by the Department of Veterans Affairs and deposited by the Department of Veterans Affairs’’ and adding, in its place, ‘‘funds deposited by VA in Personal Funds of Patients that were derived from VA benefits’’. ■ b. In paragraph (d), removing the phrase ‘‘funds deposited by the Department of Veterans Affairs in Personal Funds of Patients derived from gratuitous benefits under laws administered by the Department of Veterans Affairs’’ and adding, in its place, ‘‘funds deposited by VA in Personal Funds of Patients that were derived from VA benefits’’. ■ § 12.5 [Amended] 7. Amend § 12.5 by: ■ a. In paragraph (c), removing the phrase ‘‘gratuitous benefits deposited by the Department of Veterans Affairs in Personal Funds of Patients under laws administered by the Department of Veterans Affairs’’ and adding, in its place, ‘‘funds deposited by VA in Personal Funds of Patients that were derived from VA benefits’’. ■ b. In paragraph (d), removing the phrase ‘‘gratuitous benefits under laws administered by the Department of Veterans Affairs’’ and adding, in its place, ‘‘VA benefits’’; and removing ‘‘funds derived from gratuitous’’ and adding, in its place, ‘‘funds derived from VA’’. ■ [FR Doc. 2014–26953 Filed 11–13–14; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\14NOR1.SGM 14NOR1

Agencies

[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Rules and Regulations]
[Pages 68127-68129]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26953]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 12

RIN 2900-AO41


Designee for Patient Personal Property

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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

SUMMARY: The Department of Veterans Affairs (VA) is amending its 
regulation that governs a competent veteran's designation of a person 
to receive the veteran's funds and personal effects in the event that 
such veteran was to die while in a VA field facility. We are 
eliminating reference to an obsolete VA form, clarifying the role of a 
VA fiduciary for an incompetent veteran-patient, as well as 
restructuring the current regulation for ease of readability.

DATES: This final rule is effective December 15, 2014.

FOR FURTHER INFORMATION CONTACT: Kristin J. Cunningham, Director, 
Business Policy, Chief Business Office (10NB6), Veterans Health 
Administration, Department of Veterans Affairs, 810 Vermont Ave. NW., 
Washington, DC 20420; (202) 382-2508. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register at 78 FR 63139 (October 23, 2013), VA proposed to amend its 
regulation concerning the disposition of a veteran's funds and effects. 
We proposed several changes to 38 U.S.C. part 12. We proposed that, if 
a competent veteran who is receiving VA medical care dies in a VA field 
facility, any funds and personal effects belonging to the veteran must 
be turned over to the person who had been designated by the veteran 
upon admission to such VA field facility. VA requests and encourages a 
competent veteran to designate an individual and provide the facility 
with the individual's information in order to facilitate the process of 
disposition of the veteran's funds and personal effects in the event of 
his or her death, and to help alleviate some of the burden on the 
deceased veteran's survivors. VA currently requests a veteran to name a 
designee during the registration process when VA admits a veteran for 
care at a VA field facility and the designee information is recorded by 
VA personnel directly into the veteran's medical record. However, 
having a VA employee enter the designee into the veteran's medical 
record without having a signed written designation by the

[[Page 68128]]

veteran increases the risk for litigation against VA by the veteran's 
survivors. In order to reduce the risk of litigation, we proposed to 
create a new VA form. On said form, the veteran will designate an 
individual to receive the veteran's funds and effects in the event that 
such veteran was to die while receiving VA medical care. We also 
proposed to allow designation of certain family members who could not 
be designees under the regulation before this amendment, but continued 
to disallow as a possible designee a VA employee who is not a member of 
the veteran's family to avoid any potential for impropriety or the 
appearance thereof. Finally, we proposed certain revisions to improve 
readability and otherwise updated the regulatory text.
    We provided a 60-day comment period, which ended on December 23, 
2013. We did not receive any comments on the proposed rule. Based on 
the rationale set forth in the Supplementary Information to the 
proposed rule and in this final rule, VA is adopting the proposed rule 
as a final rule with no changes.

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
final 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

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507) requires that 
VA consider the impact of paperwork and other information collection 
burdens imposed on the public. Under 44 U.S.C. 3507(a), an agency may 
not collect or sponsor the collection of information, nor may it impose 
an information collection requirement unless it displays a currently 
valid Office of Management and Budget (OMB) control number. See also 5 
CFR 1320.8(b)(3)(vi).
    This final rule imposes the following new information collection 
requirements. The information required in Sec.  12.1 allows the 
veteran, upon admission to a VA field facility, to designate a person 
to receive the veteran's funds or effects in the event that the veteran 
dies while admitted to such VA field facility. The information required 
in Sec.  12.1 would also allow the veteran to change or revoke such 
designee. If the veteran dies in a VA field facility, any funds or 
personal effects belonging to the veteran must be turned over to a 
person designated by the veteran. VA requests and encourages a veteran 
to name a person as a designee in order to facilitate the process of 
disposition of the veteran's funds and effects. VA also allows the 
veteran the opportunity to change or revoke such designee at any time. 
The information obtained through this collection eliminates some of the 
burden on the deceased veteran's survivors in the event of the 
veteran's death in a VA field facility. As required by 44 U.S.C. 
3507(d), VA submitted this information collection to OMB for its 
review, and the information collection is pending OMB approval. Notice 
of OMB approval for this information collection will be published in a 
future Federal Register document. Until VA receives approval from OMB 
for the information collection, VA will not collect information 
associated with this rulemaking. The public is not required to respond 
to the information collection associated with this rulemaking until OMB 
approves the information collection.

Regulatory Flexibility Act

    The Secretary 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. This final rule will directly affect only individuals and will not 
directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), 
this rulemaking 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 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 
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. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking document is published. Additionally, a copy 
of the rulemaking and its impact analysis are available on VA's Web 
site at http://www.va.gov/orpm/. by following the link for VA 
Regulations Published From FY 2004 Through Fiscal Year to Date.

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 the 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 1 year. This final rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are 64.007, Blind Rehabilitation 
Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical 
Care Benefits; 64.010, Veterans Nursing Home Care; 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

[[Page 68129]]

the Department of Veterans Affairs. Jose D. Riojas, Chief of Staff, 
Department of Veterans Affairs, approved this document on November 4, 
2014, for publication.

List of Subjects in 38 CFR Part 12

    Estates, Veterans.

    Dated: November 10, 2014.
Janet J. Coleman,
Chief, Regulations Development, Tracking, and Control, Office of 
Regulation Policy & Management, Office of the General Counsel, U.S. 
Department of Veterans Affairs.

    For the reasons set out in the preamble, the Department of Veterans 
Affairs amends 38 CFR part 12 as follows:

PART 12--DISPOSITION OF VETERAN'S PERSONAL FUNDS AND EFFECTS

0
1. The authority citation for part 12 is revised to read as follows:

    Authority: 38 U.S.C. 501, 8501-8528.


Sec.  12.0  [Amended]

0
2. Amend Sec.  12.0 paragraph (b) by removing the phrase ``funds 
derived from gratuitous benefits under laws administered by the 
Department of Veterans Affairs'' and adding, in its place, ``funds 
derived from VA benefits''.
0
3. Revise Sec.  12.1 to read as follows:


Sec.  12.1  Designee cases; competent veterans.

    (a) Designees--general. (1) Upon admission to a VA field facility, 
VA will request and encourage a competent veteran to designate in 
writing, on the relevant VA form, an individual to whom VA will deliver 
the veteran's funds and effects in the event of the veteran's death in 
such VA field facility. The individual named by the veteran is referred 
to in this part as the designee.
    (2) The veteran may change or revoke a designation in writing, on 
the relevant VA form, at any time.
    (3) If the veteran does not name a designee or if a designee is 
unable or unwilling to accept delivery of funds or effects, Sec.  12.5 
Nondesignee cases, applies.
    (4) The designee may not be a VA employee unless such employee is a 
member of the veteran's family. For purposes of this section, a family 
member includes the spouse, parent, child, step family member, extended 
family member or an individual who lives with the veteran but is not a 
member of the veteran's family.
    (5) To be effective, a completed form must be received by the 
facility head or facility designee prior to the veteran's death.
    (b) Delivery of funds and effects. The delivery of the veteran's 
funds or effects to the designee is only a delivery of possession. Such 
delivery of possession does not affect in any manner:
    (1) The title to such funds or effects; or
    (2) The person legally entitled to ownership of such funds or 
effects.
    (c) Veteran becomes incompetent. If a veteran is determined to be 
incompetent pursuant to an order of a state court or is determined to 
be unable to manage monetary VA benefits by a VA clinician after the 
veteran is admitted to a VA field facility, the VA field facility staff 
will contact the Veterans Benefits Administration for the application 
of 38 CFR 3.353, regarding an incompetency rating as to whether the 
veteran is able to manage monetary VA benefits, and, if appropriate, 38 
CFR 13.55, regarding VA fiduciary appointments. If the Veterans 
Benefits Administration determines that a veteran is incompetent to 
manage monetary VA benefits, any designation by the veteran under 
paragraph (a) of this section will cease with respect to VA benefits 
that are deposited by VA into the Personal Funds of Patients. The 
veteran's designation will not change with respect to disposition of 
funds and personal effects derived from non-VA sources, unless a court-
appointed guardian or conservator changes or revokes the existing 
designation.
    (d) Retention of funds and effects by a veteran. Upon admission to 
a VA field facility, VA will encourage a competent veteran to:
    (1) Place articles of little or no use to the veteran during the 
period of care in the custody of a family member or friend; and
    (2) Retain only such funds and effects that are actually required 
and necessary for the veteran's immediate convenience.
    (The information collection is pending Office of Management and 
Budget approval.)

(Authority: 38 U.S.C. 8502)

Sec.  12.2  [Amended]

0
4. In Sec.  12.2 amend paragraph (a) by removing the phrase ``funds 
deposited by the Department of Veterans Affairs in Personal Funds of 
Patients which were derived from gratuitous benefits under laws 
administered by the Department of Veterans Affairs'' and adding, in its 
place, ``funds deposited by VA in Personal Funds of Patients that were 
derived from VA benefits''.


Sec.  12.3  [Amended]

0
5. In Sec.  12.3 amend paragraph (a)(1) by removing the phrase ``funds 
deposited by the Department of Veterans Affairs in Personal Funds of 
Patients which were derived from gratuitous benefits under laws 
administered by the Department of Veterans Affairs'' and adding, in its 
place, ``funds deposited by VA in Personal Funds of Patients that were 
derived from VA benefits,'' and by removing the word ``gratuitous'' and 
adding, in its place ``VA''.


Sec.  12.4  [Amended]

0
6. Amend Sec.  12.4 by:
0
a. In paragraph (a) introductory text, removing the phrase ``funds on 
deposit in Personal Funds of Patients derived from gratuitous benefits 
under laws administered by the Department of Veterans Affairs and 
deposited by the Department of Veterans Affairs'' and adding, in its 
place, ``funds deposited by VA in Personal Funds of Patients that were 
derived from VA benefits''.
0
b. In paragraph (d), removing the phrase ``funds deposited by the 
Department of Veterans Affairs in Personal Funds of Patients derived 
from gratuitous benefits under laws administered by the Department of 
Veterans Affairs'' and adding, in its place, ``funds deposited by VA in 
Personal Funds of Patients that were derived from VA benefits''.


Sec.  12.5  [Amended]

0
7. Amend Sec.  12.5 by:
0
a. In paragraph (c), removing the phrase ``gratuitous benefits 
deposited by the Department of Veterans Affairs in Personal Funds of 
Patients under laws administered by the Department of Veterans 
Affairs'' and adding, in its place, ``funds deposited by VA in Personal 
Funds of Patients that were derived from VA benefits''.
0
b. In paragraph (d), removing the phrase ``gratuitous benefits under 
laws administered by the Department of Veterans Affairs'' and adding, 
in its place, ``VA benefits''; and removing ``funds derived from 
gratuitous'' and adding, in its place, ``funds derived from VA''.

[FR Doc. 2014-26953 Filed 11-13-14; 8:45 am]
BILLING CODE 8320-01-P