[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Rules and Regulations]
[Pages 4667-4668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2364]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AK01


Compensated Work Therapy/Transitional Residences Program

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends VA's medical regulations to establish 
provisions regarding housing under the Compensated Work Therapy/
Transitional Residences program. These provisions are designed to 
ensure proper management, ensure reasonable payment rates for 
residents, and ensure that residents stay only for the time necessary 
to meet the intended goals.

DATES: Effective Date: January 31, 2002.

FOR FURTHER INFORMATION CONTACT: Jamie Ploppert, Program Specialist, 
Office of Psychosocial Rehabilitation Services (116D), Veterans Health 
Administration, 757-722-9961, ext. 1123 (this is not a toll-free 
number).

SUPPLEMENTARY INFORMATION: On March 6, 2001, VA published in the 
Federal Register a proposal to amend VA's Medical regulations to 
establish provisions regarding housing under the Compensated Work 
Therapy/Transitional Residences program (66 FR 13461-63). No comments 
were received. Based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposed rule as a final rule, 
with one change regarding the requirements for a house manager.
    Under the proposed rule, a house manager was required to be a 
without-compensation employee of VA. However, upon further reflection, 
VA has determined that it is not necessary that each house manager be 
appointed as a without-compensation employee. Accordingly, this 
provision is removed.

OMB Review

    This document has been reviewed by the Office of Management and 
Budget under Executive Order 12866.

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 Secretary hereby certifies that the adoption of this final rule 
does 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 document affects individuals and does not affect 
small entities. Therefore, pursuant to 5 U.S.C. 605(b), this final rule 
is exempt from the initial and final regulatory flexibility analysis 
requirement of sections 603 and 604.

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-health, Government programs-
veterans, Health care, Health facilities, Health professions, Health 
records, Homeless, Medical and dental schools, Medical devices, Medical 
research, Mental health programs, Nursing home care, Philippines, 
Reporting and recordkeeping requirements, Scholarships and fellowships, 
Travel and transportation expenses, Veterans.


[[Page 4668]]


    Approved: November 13, 2001.
Anthony J. Principi,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR part 17 is 
amended to read 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. Redesignate Sec. 17.49 as new Sec. 17.48.

    3. Add a new Sec. 17.49 to read as follows:


Sec. 17.49  Compensated Work Therapy/Transitional Residences program.

    (a) This section sets forth requirements for persons residing in 
housing under the Compensated Work Therapy/Transitional Residences 
program.
    (b) House managers shall be responsible for coordinating and 
supervising the day-to-day operations of the facilities. The local VA 
program coordinator shall select each house manager and may give 
preference to an individual who is a current or past resident of the 
facility or the program. A house manager must have the following 
qualifications:
    (1) A stable, responsible and caring demeanor;
    (2) Leadership qualities including the ability to motivate;
    (3) Effective communication skills including the ability to 
interact;
    (4) A willingness to accept feedback;
    (5) A willingness to follow a chain of command.
    (c) Each resident admitted to the Transitional Residence, except 
for a house manager, must also be in the Compensated Work Therapy 
program.
    (d) Each resident, except for a house manager, must bi-weekly, in 
advance, pay a fee to VA for living in the housing. The local VA 
program coordinator will establish the fee for each resident in 
accordance with the provisions of paragraph (d)(1) of this section.
    (1) The total amount of actual operating expenses of the residence 
(utilities, maintenance, furnishings, appliances, service equipment, 
all other operating costs) for the previous fiscal year plus 15 percent 
of that amount equals the total operating budget for the current fiscal 
year. The total operating budget is to be divided by the average number 
of beds occupied during the previous fiscal year and the resulting 
amount is the average yearly amount per bed. The bi-weekly fee shall 
equal 1/26th of the average yearly amount per bed, except that a 
resident shall not, on average, pay more than 30 percent of their gross 
CWT (Compensated Work Therapy) bi-weekly earnings. The VA program 
manager shall, bi-annually, conduct a review of the factors in this 
paragraph for determining resident payments. If he or she determines 
that the payments are too high or too low by more than 5 percent of the 
total operating budget, he or she shall recalculate resident payments 
under the criteria set forth in this paragraph, except that the 
calculations shall be based on the current fiscal year (actual amounts 
for the elapsed portion and projected amounts for the remainder).
    (2) If the revenues of a residence do not meet the expenses of the 
residence resulting in an inability to pay actual operating expenses, 
the medical center of jurisdiction shall provide the funds necessary to 
return the residence to fiscal solvency in accordance with the 
provisions of this section.
    (e) The length of stay in housing under the Compensated Work 
Therapy/Transitional Residences program is based on the individual 
needs of each resident, as determined by consensus of the resident and 
his/her VA Clinical Treatment team. However, the length of stay should 
not exceed 12 months.

(Authority: 38 U.S.C.1772)

[FR Doc. 02-2364 Filed 1-30-02; 8:45 am]
BILLING CODE 8320-01-P