[Federal Register Volume 67, Number 116 (Monday, June 17, 2002)]
[Rules and Regulations]
[Pages 41178-41179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15164]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AL18


Filipino Veterans Eligible for Hospital Care, Nursing Home Care, 
and Medical Services

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends VA's ``Medical'' regulations to add 
provisions implementing statutory changes providing that certain 
Filipino veterans in receipt of disability compensation at the full 
dollar rate are eligible for hospital care, nursing home care, and 
medical services in the same manner as a veteran.

DATES: Effective Date: June 17, 2002.

FOR FURTHER INFORMATION CONTACT: Roscoe Butler at (202) 273-8302, 
Chief, Policy and Operations, Health Administration Services, Veterans 
Health Administration, 810 Vermont Ave., NW., Washington, DC 20420, 
(This is not a toll-free telephone number).

SUPPLEMENTARY INFORMATION: This document amends VA's ``Medical'' 
regulations in 38 CFR part 17 to add provisions implementing statutory 
changes made by Public Law 106-377, the Department of Veterans Affairs 
and Housing and Urban Development, and Independent Agencies 
Appropriation Act, 2001. This act amended 38 U.S.C. 1734 to provide 
that the following Filipino veterans who are citizens of the United 
States, or aliens lawfully admitted for permanent residence in the 
United States, and who are in receipt of disability compensation under 
38 U.S.C. Chapter 11, subchapter II or IV, are eligible for hospital 
care, nursing home care, and medical services in the same manner as a 
veteran:

    Filipino veterans who had service before July 1, 1946, in the 
organized military forces of the Government of the Commonwealth of 
the Philippines, while such forces were in the service of the Armed 
Forces of the United States under the military order of the 
President dated July 26, 1941, including among such military forces 
organized guerrilla forces under commanders appointed, designated, 
or subsequently recognized by the Command in Chief, Southwest 
Pacific Area, or other competent authority in the Army of the United 
States.

    On December 27, 2001, VA established regulations setting forth 
provisions for certain Filipino veterans who are citizens of the United 
States, or aliens lawfully admitted for permanent residence in the 
United States, to

[[Page 41179]]

receive disability compensation at the full dollar rate (66 FR 66763). 
A Filipino veteran receiving VA disability compensation at the full 
dollar rate as set forth in 38 CFR 3.42 would necessarily meet all of 
the requirements to be eligible for hospital care, nursing home care, 
and medical services in the same manner as a veteran. Conversely, a 
Filipino veteran not receiving disability compensation at the full 
dollar rate as set forth in 38 CFR 3.42, would not meet all of the 
requirements to be eligible for such care. Accordingly, we have added a 
new Sec. 17.39 to state that Filipino veterans receiving disability 
compensation at the full dollar value under Sec. 3.42 are eligible for 
hospital care, nursing home care, and medical services in the same 
manner as a veteran.

5 U.S.C. 553

    This final rule is published without regard to the notice and 
comment and delayed effective date provisions of 5 U.S.C. 553 since it 
reflects statutory changes and incorporates other provisions already 
required to be met for eligibility for benefits.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Executive Order 12866

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

Regulatory Flexibility Act

    The Secretary of Veterans Affairs 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. The final rule would have a direct 
effect only on individuals and would not have any measurable effect on 
small entities. Accordingly, pursuant to 5 U.S.C. 605(b), this final 
rule is exempt from the initial and final regulatory flexibility 
analysis requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers for the programs 
affected by this rule are 64.005, 64.007.64.008, 64,009, 64.010, 
64.011, 64.012, 64.013, 64.014, 64.015, 64.016, 64.018, 64.019, 64.022, 
and 64.025.

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, 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: April 8, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR chapter I 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. A new Sec. 17.39 is added to read as follows:


Sec. 17.39  Certain Filipino veterans.

    Filipino veterans receiving disability compensation at the full 
dollar value under Sec. 3.42 of this chapter are eligible for hospital 
care, nursing home care, and medical services in the same manner as a 
veteran.

(Authority: 38 U.S.C. 501, 1734)

[FR Doc. 02-15164 Filed 6-14-02; 8:45 am]
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