[Federal Register Volume 68, Number 49 (Thursday, March 13, 2003)]
[Rules and Regulations]
[Page 11977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6099]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AJ34


Provision of Drugs and Medicines to Certain Veterans in State 
Homes

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document affirms amendments to the Department of Veterans 
Affairs ``Medical'' regulations concerning the provision of drugs and 
medicines prescribed by non-VA physicians for certain veterans who are 
permanently housebound or in need of regular aid and attendance. The 
amendments allow prescriptions to be filled by non-VA pharmacies in 
state homes under contract with VA for filling prescriptions for 
patients in state homes. This is consistent with VA's special 
relationship with state homes. It eliminates duplication of services 
and helps to improve timeliness for filling prescriptions in state 
homes.

DATES: Effective Date: March 13, 2003.

FOR FURTHER INFORMATION CONTACT: Jeff Ramirez, Pharmacy Service (119), 
Veterans Health Administration, Department of Veterans Affairs, 810 
Vermont Avenue NW., Washington, DC 20420, (202) 273-8428. (This is not 
a toll-free number.)

SUPPLEMENTARY INFORMATION: The VA ``Medical'' regulations are set forth 
at 38 CFR Part 17.96. The interim final rule amending these regulations 
was published in the Federal Register on July 14, 1998 at 63 FR 37779.
    We provided a 60-day comment period that ended September 14, 1998. 
We received two comments. One commenter expressed support. The other 
commenter stated that the eligibility criteria should be liberalized to 
only require that a veteran be ``eligible for compensation or pension 
benefits.'' However, there is a statutory requirement that a veteran be 
in receipt of benefits to qualify for the provision of drugs and 
medicines. 38 U.S.C. 1712(d). No change is made based upon this 
comment. This commenter also states that it would be more efficient and 
cost-effective to authorize state homes to purchase prescription drugs 
and medicines from local VA suppliers. No change in the regulation is 
made based upon this comment. What the commenter suggests is what is 
happening in those state homes that have contracts with VA to furnish 
drugs off the Federal Supply Schedule at the same price that VA pays. 
If other state homes want access to the Federal Supply Schedule, they 
may achieve that access by contracting with VA. Based on the rationale 
set forth in the interim final rule and in this document we now affirm 
as a final rule the changes made by the interim final rule.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).

Administrative Procedure Act

    This document without any changes affirms amendments made by an 
interim final rule that is already in effect. Accordingly, we have 
concluded under 5 U.S.C. 553 that there is good cause for dispensing 
with a delayed effective date based on the conclusion that such 
procedure is impracticable, unnecessary, and contrary to the public 
interest.

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 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. This rule will have only a miniscule effect on any small entity. 
Therefore, pursuant to 5 U.S.C. 605(b), this rule is exempt from the 
initial and final regulatory flexibility analysis requirements of 
Sec. Sec.  603 and 604.

Catalog of Federal Domestic Assistance Program Number

    The Catalog of Federal Domestic Assistance program number for this 
document is 64.012.

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: March 3, 2003.
Anthony J. Principi,
Secretary of Veterans Affairs.

PART 17--MEDICAL

    Accordingly, the interim final rule amending 38 CFR part 17 which 
was published at 63 FR 37779 on July 14, 1998, is adopted as a final 
rule without change.

[FR Doc. 03-6099 Filed 3-12-03; 8:45 am]
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