[Federal Register Volume 67, Number 83 (Tuesday, April 30, 2002)]
[Proposed Rules]
[Pages 21191-21194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10597]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 60

RIN 2900-AL13


Fisher Houses and Other Temporary Lodging

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) proposes to establish 
requirements regarding the use of Fisher Houses and other temporary 
lodging by veterans receiving VA medical care or Compensation and 
Pension (C&P) examinations and by family members or other persons 
accompanying veterans to provide the equivalent of familial support. 
This is necessary to implement provisions of the Veterans Benefits and 
Health Care Improvement Act of 2000.

DATES: Comments must be received by VA on or before July 1, 2002.

ADDRESSES: Mail or hand-deliver written comments to: Director, Office 
of Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Ave., NW., Room 1154, Washington, DC 20420; or fax comments to 
(202) 273-9289; or e-mail comments to [email protected]. 
Comments should indicate that they are submitted in response to ``RIN 
2900-AL13.'' All comments received will be available for public 
inspection in the Office of Regulations Management, Room 1158, between 
the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except 
holidays).

FOR FURTHER INFORMATION CONTACT: Jill E. Manske, Social Work Services 
(110B), Veterans Health Administration, 202-273-8549 (this is not a 
toll-free number).

SUPPLEMENTARY INFORMATION: This document proposes to set forth 
requirements regarding the use of temporary lodging by veterans 
receiving VA medical care or C&P examinations and by family members or 
other persons accompanying veterans to provide the equivalent of 
familial support. VA is mandated to establish a program for providing 
such temporary lodging under section 221(a) of the Veterans Benefits 
and Health Care Improvement Act of 2000 (Pub. L. 106-419). These 
statutory provisions regarding temporary lodging have been codified at 
38 U.S.C. 1708 and are administered by the Veterans Health 
Administration (VHA) of VA.
    The proposed rule provides for temporary lodging at Fisher Houses, 
VA health care facilities (generally referred to as ``hoptels''), and 
at temporary non-VA lodging facilities, such as hotels or motels, 
provided by a VA health care facility. These are the facilities that 
may be used for temporary lodging under 38 U.S.C. 1708.
    Under 38 U.S.C. 1708(c), a Fisher House is a housing facility that 
is located at or near a VA health care facility, that is available for 
residential use on a temporary basis by eligible persons, and that was 
constructed by and donated to VA by the Zachary and Elizabeth M. Fisher 
Armed Services Foundation.
    Consistent with the limits of statutory authority in 38 U.S.C. 
1708(b) and subject to the conditions discussed in this document, the 
proposed rule provides that the following are eligible to stay in 
temporary lodging:
    (a) A veteran with an appointment at a VA health care facility for 
the purpose of receiving health care or a C&P examination; and
    (b) A member of the family of such veteran or another person who 
accompanies such veteran to provide the equivalent of familial support.
    The proposed rule provides that to obtain temporary lodging, a 
veteran must make an application to the person responsible for 
coordinating the temporary lodging program at the VA health care 
facility of jurisdiction. This may be done by letter, electronic means 
(including telephone, e-mail, or facsimile), or in person at the VA 
health care facility of jurisdiction. Under the proposed rule, the 
veteran must provide the following information:
    (a) Veteran's name;
    (b) Beginning date and time and duration of scheduled care;
    (c) Type of scheduled care;
    (d) Name, gender, and relationship to the veteran of person 
accompanying veteran;

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    (e) Requested dates for temporary lodging,
    (f) Distance, time, and means of travel from the veteran's home to 
VA health care facility;
    (g) Circumstances that may affect the time of travel from the 
veteran's home to VA health care facility; and
    (h) A statement that the veteran is medically stable and capable of 
self-care or will be accompanied by a caregiver able to provide the 
necessary care. This will allow for ease of application and provide VA 
with information necessary to determine whether the veteran is eligible 
for temporary lodging.
    The proposed rule provides that, as a condition for receiving 
temporary lodging, a veteran must be required to travel either 50 or 
more miles or at least two hours from their home to the VA health care 
facility, except that the facility director at the VA health care 
facility of jurisdiction may make an exception to distance or time 
provisions based on exceptional circumstances, such as condition of the 
veteran, inclement weather, road conditions, or the mode of 
transportation used by the veteran. We believe this a reasonable 
interpretation of the requirement at 38 U.S.C. 1708(b)(1) which 
provides that a veteran must travel a ``significant distance'' for the 
veteran and other person to be eligible for temporary housing.
    The proposed rule provides that, as a condition for receiving 
temporary lodging, the veteran must be medically stable and must be 
capable of self-care or be accompanied by a caregiver able to provide 
the necessary care. This is necessary because VA does not provide 
nursing or other medical care for temporary lodging beds.
    The proposed rule establishes criteria for determining when 
temporary lodging will be made available. Consistent with VHA's health 
care mission, the proposed rule provides that temporary lodging may be 
furnished in connection with care or C&P examinations provided at a VA 
health care facility. The proposed rule provides that if the veteran is 
undergoing extensive treatment or procedures, such as an organ 
transplant or chemotherapy, eligible persons may be furnished temporary 
lodging for the duration of the episode of care. The proposed rule also 
provides that temporary lodging may be available the night before the 
day of the scheduled care, if the veteran leaving home by 8:00 AM, 
would be unable to arrive at the health care facility by the time of 
the scheduled care. Further, the proposed rule provides that temporary 
lodging may be available the night of the scheduled care if, after the 
completion of the care, the veteran would be unable to return home by 7 
PM. These provisions are designed to allow temporary lodging during the 
times it would be reasonably needed.
    Fisher Houses are available solely for temporary lodging. The 
proposed rule provides that non-utilized beds and rooms at a VA health 
care facility will be made available if not barred by law and if the 
Director of the VA health care facility determines that such action 
would not have a negative impact on patient care. The proposed rule 
also provides that temporary lodging facilities, such as hotels or 
motels, will be utilized based on availability of local funding as 
determined by the Director of the health care facility. In addition, we 
propose that temporary lodging will be provided on a first-come first-
serve basis. We believe that these provisions would constitute an 
appropriate use of VA facilities and establish a reasonable method for 
determining priority.
    Except for certain medically-related decisions that are left to 
health care personnel, the proposed rule provides that decisions 
concerning temporary lodging are to be made by the person responsible 
for coordinating the temporary lodging program at the VA health care 
facility of jurisdiction. We believe these are appropriate delegations 
of authority.
    VA has authority under 38 U.S.C. 1708 to establish charges for 
temporary lodging. We believe that if we were to charge, we would need 
to establish exemptions for those who lack the means to pay for lodging 
accommodations. Further, based on our experience, we believe that the 
vast majority of veterans who seek temporary lodging fall into this 
category. Moreover, we believe that administrative costs for 
determining need and the additional billing costs would exceed amounts 
we could reasonably expect to collect based on any reasonable charge 
amount. Accordingly, the proposed rule provides that costs for 
temporary lodging shall be borne by VA.

Paperwork Reduction Act

    The proposed rule at Sec. 60.4 contains collections of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). 
Accordingly, under section 3507(d) of the Act, VA has submitted a copy 
of this rulemaking action to OMB for its review of the collections of 
information.
    OMB assigns a control number for each collection of information it 
approves. VA may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number.
    Comments on the proposed collections of information should be 
submitted to the Office of Management and Budget, Attention: Desk 
Officer for the Department of Veterans Affairs, Office of Information 
and Regulatory Affairs, Washington, DC 20503, with copies mailed or 
hand-delivered to: Director, Office of Regulations Management (02D), 
Department of Veterans Affairs, 810 Vermont Ave., NW, Room 1154, 
Washington, DC 20420. Comments should indicate that they are submitted 
in response to ``RIN 2900-AL13.''
    Title: Application for temporary lodging.
    Summary of collection of information: The proposed rule at 
Sec. 60.4 provides that to obtain temporary lodging, a veteran must 
make an application to the person responsible for coordinating the 
temporary lodging program at the VA health care facility of 
jurisdiction. This may be done by letter, electronic means (including 
telephone, e-mail, or facsimile), or in person at the VA health care 
facility of jurisdiction. Under the proposed rule, the veteran must 
provide the following information:
    (a) Veteran's name;
    (b) Beginning date and time and duration of scheduled care;
    (c) Type of scheduled care;
    (d) Name, gender, and relationship to the veteran of person 
accompanying veteran;
    (e) Requested dates for temporary lodging;
    (f) Distance, time, and means of travel from the veteran's home to 
VA health care facility;
    (g) Circumstances that may affect the time of travel from the 
veteran's home to VA health care facility; and
    (h) A statement that the veteran is medically stable and capable of 
self-care or will be accompanied by a caregiver able to provide the 
necessary care.
    Description of the need for information and proposed use of 
information: This information is needed to determine eligibility for 
temporary lodging.
    Description of likely respondents: Veterans seeking temporary 
lodging from VA for themselves or others.
    Estimated number of respondents per year: 250,000.
    Estimated frequency of responses per year: 2.
    Estimated total annual reporting and recordkeeping burden: 83,333 
hours.
    Estimated annual burden per collection: 10 minutes.
    The Department considers comments by the public on proposed 
collections of information in--

[[Page 21193]]

     Evaluating whether the proposed collections of information 
are necessary for the proper performance of the functions of the 
Department, including whether the information will have practical 
utility;
     Evaluating the accuracy of the Department's estimate of 
the burden of the proposed collections of information, including the 
validity of the methodology and assumptions used;
     Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
     Minimizing the burden of the collections of information on 
those who are to respond, including responses through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.
    OMB is required to make a decision concerning the collections of 
information contained in this proposed rule between 30 and 60 days 
after publication of this document in the Federal Register. Therefore, 
a comment to OMB is best assured of having its full effect if OMB 
receives it within 30 days of publication. This does not affect the 
deadline for the public to comment on the proposed rule.

Executive Order 12866

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

Unfunded Mandates

    The Unfunded Mandates Reform Act requires (in section 202) that 
agencies prepare an assessment of anticipated costs and benefits before 
developing any rule that may result in an expenditure by State, local, 
or tribal governments, in the aggregate, or by the private sector of 
$100 million or more in any given year. This rule would have no 
consequential effect on State, local, or tribal governments.

Regulatory Flexibility Act

    The Secretary hereby certifies that the adoption of this 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. The adoption of the proposed rule 
would not have an effect on small entities other than possibly the 
lodging industry. However, any effect would be minuscule. Therefore, 
pursuant to 5 U.S.C. 605(b), this proposed 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.

    Approved: February 21, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.
    For the reasons set forth in the preamble, 38 CFR chapter I is 
proposed to be amended by adding a new part 60 to read as follows:

PART 60--FISHER HOUSES AND OTHER TEMPORARY LODGING

Sec.
60.1   Purpose.
60.2   Definitions.
60.3   Eligible persons.
60.4   Application.
60.5   Travel.
60.6   Condition of veteran.
60.7   Duration of temporary lodging.
60.8   Lodging availability.
60.9   Initial decisionmaker.
60.10   Costs.

    Authority: 38 U.S.C. 501, 1708.


Sec. 60.1  Purpose.

    This part sets forth requirements regarding the use of Fisher 
Houses and other temporary lodging by veterans receiving VA medical 
care or C&P examinations and a family member or other person 
accompanying the veteran to provide the equivalent of familial support.

(Authority: 38 U.S.C. 501, 1708)


Sec. 60.2  Definitions.

    For the purposes of this part:
    C&P examination means an examination requested by VA's Compensation 
and Pension Service to be conducted at a VA health care facility for 
the purpose of evaluating claims by veterans.

Temporary lodging means:

    (1) Lodging at a Fisher House which is a housing facility that is 
located at or near a VA health care facility, that is available for 
residential use on a temporary basis by eligible persons, and that was 
constructed by and donated to VA by the Zachary and Elizabeth M. Fisher 
Armed Services Foundation, or
    (2) Lodging at a temporary lodging facility located at a VA health 
care facility (generally referred to as a ``hoptel''), or a temporary 
non-VA lodging facility, such as a hotel or motel, provided by a VA 
health care facility.
    VA means the Department of Veterans Affairs.

(Authority: 38 U.S.C. 501, 1708)

Sec. 60.3  Eligible persons.

    The following are eligible to stay in temporary lodging subject to 
the conditions of this part:
    (a) A veteran with an appointment at a VA health care facility for 
the purpose of receiving health care or a C&P examination, and
    (b) A member of the family of such veteran or another person who 
accompanies such veteran to provide the equivalent of familial support.

(Authority: 38 U.S.C. 501, 1708)


Sec. 60.4  Application.

    To obtain temporary lodging under this part, a veteran must make an 
application to the person responsible for coordinating the temporary 
lodging program at the VA health care facility of jurisdiction. This 
may be done by letter, electronic means (including telephone, e-mail, 
or facsimile), or in person at the VA health care facility of 
jurisdiction. The veteran shall provide the following information:
    (a) Veteran's name;
    (b) Beginning date and time and duration of scheduled care;
    (c) Type of scheduled care;
    (d) Name, gender, and relationship to the veteran of person 
accompanying veteran;
    (e) Requested dates for temporary lodging;
    (f) Distance, time, and means of travel from the veteran's home to 
VA health care facility;
    (g) Circumstances that may affect the time of travel from the 
veteran's home to VA health care facility; and
    (h) A statement that the veteran is medically stable and capable of 
self-care or will be accompanied by a caregiver able to provide the 
necessary care.

(Authority: 38 U.S.C. 501, 1708)


Sec. 60.5  Travel.

    As a condition for receiving temporary lodging under this part, a 
veteran must be required to travel either 50 or more miles or at least 
two hours from his or her home to the VA health care facility, except 
that the facility director at the VA health care facility of 
jurisdiction may make an exception to distance or time provisions based 
on exceptional circumstances, such as

[[Page 21194]]

condition of the veteran, inclement weather, road conditions, or the 
mode of transportation used by the veteran.

(Authority: 38 U.S.C. 501, 1708)


Sec. 60.6  Condition of veteran.

    As a condition for receiving temporary lodging under this part, the 
veteran must be medically stable and must be capable of self-care or be 
accompanied by a caregiver able to provide the necessary care. 
Questions regarding these issues will be resolved by an appropriate 
health care provider at the VA health care facility of jurisdiction.

(Authority: 38 U.S.C. 501, 1708)


Sec. 60.7  Duration of temporary lodging.

    Temporary lodging may be furnished to eligible persons in 
connection with care or C&P examinations provided at a VA health care 
facility. When a veteran is undergoing extensive treatment or 
procedures, such as an organ transplant or chemotherapy, eligible 
persons may be furnished temporary lodging for the duration of the 
episode of care subject to limitations described in this section. 
Temporary lodging may be available the night before the day of the 
scheduled care, if the veteran leaving home by 8:00 AM, would be unable 
to arrive at the health care facility by the time of the scheduled 
care. Temporary lodging may be available the night of the scheduled 
care if, after the completion of the care, the veteran would be unable 
to return home by 7:00 PM.

(Authority: 38 U.S.C. 501, 1708)


Sec. 60.8  Lodging availability.

    Fisher Houses are available solely for temporary lodging under this 
part. Non-utilized beds and rooms at a VA health care facility will be 
made available if not barred by law and if the Director of the VA 
health care facility determines that such action would not have a 
negative impact on patient care. Temporary lodging facilities, such as 
hotels or motels, will be utilized based on availability of local 
funding as determined by the Director of the health care facility of 
jurisdiction. Temporary lodging will be provided on a first-come first-
serve basis.

(Authority: 38 U.S.C. 501, 1708)


Sec. 60.9  Decisionmaker.

    Except as otherwise provided in this part, the person responsible 
for coordinating the temporary lodging program at the VA health care 
facility of jurisdiction is responsible for making decisions under this 
part.

(Authority: 38 U.S.C. 501, 1708)


Sec. 60.10  Costs.

    Costs for temporary lodging under this part shall be borne by VA.

(Authority: 38 U.S.C. 501, 1708)

[FR Doc. 02-10597 Filed 4-29-02; 8:45 am]
BILLING CODE 8320-01-P