[Federal Register Volume 61, Number 99 (Tuesday, May 21, 1996)]
[Proposed Rules]
[Pages 25428-25429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12662]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AH77


Contract Program for Veterans With Alcohol and Drug Dependence 
Disorders

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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

SUMMARY: This document proposes to amend 38 CFR Part 17 by modifying 
eligibility criteria for veterans participating by contract in the 
Department of Veterans Affairs' program of alcohol and drug dependence 
or abuse treatment and rehabilitation in residential and nonresidential 
facilities. Current regulations stipulate that, prior to participation 
in contract care under this program, veterans must be provided hospital 
care in facilities over which the Secretary has direct jurisdiction. It 
is proposed to change the regulations to stipulate that, prior to 
participation in contract care, veterans must have been or must be 
receiving care (regardless of whether it was or is hospital care) by 
professional staff over whom the Secretary has jurisdiction (regardless 
of whether it is direct jurisdiction). The proposed elimination of the 
requirement of ``hospital care'' appears to be necessary to address 
changed clinical practices and continue the intended program. In the 
past, substance abuse treatment generally was provided in a hospital 
setting. Now, much substance abuse treatment also is provided in an 
ambulatory care or residential setting. Also, the proposal to change 
``direct jurisdiction of the Secretary'' to ``jurisdiction of the 
Secretary'' would allow for continuation of any cases in which VA has 
had involvement (including, among other things, fee basis care) and 
thereby help ensure that a complete course of treatment is provided.

DATES: Comments must be received on or before July 22, 1996.

ADDRESSES: Mail written comments concerning these proposed regulations 
to: Director, Office of Regulations Management (02D), Department of 
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420; or 
hand deliver written comments to: Office of Regulations Management, 
Room 1176, 801 Eye Street, NW., Washington, DC 20001. Comments should 
indicate that they are submitted in response to ``RIN 2900-AH77.'' All 
written comments are available for public inspection in the Office of 
Regulations Management, Room 1176, 801 Eye Street, NW., Washington, DC 
20001 between the hours of 8:00 a.m. and 4:30 p.m., Monday through 
Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: Karen G. Boies, Ph. D., Deputy 
Associate Director for Addictive Disorders and Psychiatric 
Rehabilitation, Veterans Health Administration, Department of Veterans 
Affairs, (202) 565-7316.

SUPPLEMENTARY INFORMATION: This proposed rule is authorized under 
provisions of 38 U.S.C. 501 and 38 U.S.C. 1720A.
    The Secretary hereby certifies that the provisions of the 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. There does not appear to be a basis 
for considering special provisions for small entities since, in all 
likelihood, only entities that are small entities would conduct 
activities affected by this rule. Also, because of budgetary 
constraints and the high utilization of this program, we anticipate no 
change in the total number of bed days of care paid by VA to 
participating small entities. Therefore, pursuant to 5 U.S.C. 605(b), 
this rule is exempt from the initial and final regulatory flexibility 
analyses requirements of sections 603 and 604.

List of Subjects in 38 CFR Part 17

    Alcoholism, Claims, dental health, Drug abuse, Foreign relations, 
Government contracts, Grant program--health, Health care, Health 
facilities, Health professions, Medical devices, Medical research, 
Mental health programs, Nursing homes, Philippines, Veterans.

    Approved: February 20, 1996.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 17 is proposed 
to be amended as follows:

PART 17--MEDICAL

    1. The authority citation for part 17 continues to read as follows:

    Authority: 38 U.S.C. 501, 1721, unless otherwise noted.

    2. In section 17.80, paragraph (a)(1) is revised to read as 
follows:


Sec. 17.80  Alcohol and drug dependence or abuse treatment and 
rehabilitation in residential and nonresidential facilities by 
contract.

    (a) * * *
    (1) Veterans who have been or are being furnished care by 
professional

[[Page 25429]]

staff over which the Secretary has jurisdiction and such transitional 
care is reasonably necessary to continue treatment.
* * * * *
[FR Doc. 96-12662 Filed 5-20-96; 8:45 am]
BILLING CODE 8320-01-P