[Federal Register Volume 61, Number 215 (Tuesday, November 5, 1996)]
[Rules and Regulations]
[Page 56897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28324]


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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: Final rule.

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SUMMARY: This document amends 38 CFR part 17 by adopting as a final 
rule the proposal to modify 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. Previous 
regulations stipulated that, prior to participation in contract care 
under this program, veterans were to be provided hospital care in 
facilities over which the Secretary has direct jurisdiction. It was 
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 elimination of the 
requirement of ``hospital care'' is 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. Further, this document changes ``direct 
jurisdiction of the Secretary'' to ``jurisdiction of the Secretary'' to 
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.

EFFECTIVE DATE: November 5, 1996.

FOR FURTHER INFORMATION CONTACT: Richard T. Suchinsky, M.D., Associate 
Director for Addictive Disorders and Psychiatric Rehabilitation 
(111C1B), Veterans Health Administration, Department of Veterans 
Affairs, 810 Vermont Avenue, NW, Washington, DC 20420; (202) 273-8436. 
(This is not a toll-free number).

SUPPLEMENTARY INFORMATION: This final rule is based on a proposed rule 
published in the Federal Register on May 21, 1996 (61 FR 25428). We 
requested that comments to the proposed rule be submitted on or before 
July 22, 1996. We received no comments. For reasons set forth in the 
proposed rule and this document, the proposed rule is adopted as a 
final rule.
    The Secretary hereby certifies that the provisions of the final 
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 final rule is exempt from the initial and final regulatory 
flexibility analyses requirements of sections 603 and 604.

    The Catalog of Federal Domestic Assistance number is 64.019.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Claims, Day care, Dental health, Drug abuse, Foreign relations, 
Government contracts, 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.

    Approved: September 17, 1996.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 17 is amended 
as set forth below:

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 staff over which the Secretary has jurisdiction and such 
transitional care is reasonably necessary to continue treatment.
* * * * *
[FR Doc. 96-28324 Filed 11-4-96; 8:45 am]
BILLING CODE 8320-01-P