[Federal Register Volume 68, Number 36 (Monday, February 24, 2003)]
[Rules and Regulations]
[Pages 8547-8550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4204]


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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: Final rule.

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SUMMARY: This document establishes 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: Effective Date: March 26, 2003.

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 sets 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 (Public Law 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.
    In a document published in the Federal Register on April 30, 2002 
(67 FR 21191), VA proposed to provide 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.
    The public comment period ended on July 1, 2002. We received one 
comment asking VA to change the text in paragraph 60.2 (1) to add the 
words ``or Fisher House Foundation'' after ``Zachary and Elizabeth M. 
Fisher Armed Services Foundation.'' We agree. This change will 
accurately reflect the name of this organization.
    Based on the rationale set forth in the proposed rule and this 
document, we

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are adopting the provisions of the proposed rule as a final rule with 
the change mentioned above.
    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 or Fisher House Foundation.
    Consistent with the limits of statutory authority in 38 U.S.C. 
1708(b) and subject to the conditions discussed in this document, this 
final 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.
    This final 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 final 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. This will allow for ease of application and provide VA 
with information necessary to determine whether the veteran is eligible 
for temporary lodging.
    This final 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 final rule also 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.
    This final rule establishes criteria for determining when temporary 
lodging will be made available. Consistent with VHA's health care 
mission, the rule provides that temporary lodging may be furnished in 
connection with care or C&P examinations provided at a VA health care 
facility. The 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 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 a.m., would be unable to arrive at the health 
care facility by the time of the scheduled care. Further, the 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 p.m. 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 final 
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 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, temporary 
lodging will be provided on a first-come first-serve basis. We believe 
that these provisions 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 final 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 final rule provides that costs for temporary 
lodging shall be borne by VA.

Paperwork Reduction Act

    This document contains provisions constituting collections of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521) 
approved by the Office of Management and Budget under control number 
2900-0630.

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, at 2 U.S.C. 1532, 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 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 adoption of the final rule will 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 final rule is exempt from the initial

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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: November 27, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 38 CFR chapter I is 
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 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 Fisher House 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)

(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 2900-
0630.)


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 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 a.m., 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 p.m.

(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

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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. 03-4204 Filed 2-21-03; 8:45 am]
BILLING CODE 8320-01-P