[Federal Register Volume 71, Number 27 (Thursday, February 9, 2006)]
[Rules and Regulations]
[Pages 6679-6680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1221]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AM03


Eligibility for Health Care Benefits for Certain Filipino 
Veterans in the United States

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: Department of Veterans Affairs (VA) medical regulations 
describe veterans who are eligible to receive health care from VA in 
the United States. This document amends VA medical regulations to 
provide eligibility for VA hospital care, nursing home care, and 
outpatient services for any Filipino Commonwealth Army veteran, 
including those recognized by authority of the U.S. Army as belonging 
to organized Filipino guerilla forces, and for any veteran of the new 
Philippine Scouts, provided that any such veteran resides in the U.S. 
and is either a citizen of the U.S. or is lawfully

[[Page 6680]]

admitted to the United States for permanent residence. Under this 
regulatory provision, these certain veterans are eligible for VA 
hospital care, nursing home care, and outpatient medical services in 
the United States in the same manner and subject to the same terms and 
conditions as apply to U.S. veterans.

DATES: Effective Date: March 13, 2006.

FOR FURTHER INFORMATION CONTACT: Roscoe Butler, Chief Business Office 
(163), Veterans Health Administration, Department of Veterans Affairs, 
810 Vermont Avenue, NW., Washington, DC 20420, (202) 254-0329. (This is 
not a toll free number.)

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on January 11, 2005, (70 FR 1841), VA proposed to amend VA 
medical regulation 38 CFR 17.39 to include Filipino Commonwealth Army 
veterans, including those who were recognized by authority of the U.S. 
Army as belonging to organized Filipino guerilla forces, and new 
Philippine Scouts who reside in the U.S. and who are citizens, or 
lawfully admitted to the United States for permanent residence as 
persons who are eligible for VA health care benefits within the United 
States on the same basis as U.S. veterans. This proposed rule also 
established requirements for proof of citizenship or lawful permanent 
residency status that veterans must provide in order to be eligible for 
VA health care benefits.
    The public comment period ended on March 14, 2005, and VA received 
comments from three individuals. Two commenters applauded the Secretary 
for taking this action and one commenter opposed this action. The one 
opposing commenter alleged non-payment of taxes by Filipino veterans 
and raised concerns regarding cost and the number of non-Filipino 
American citizens who do not have health insurance. The proposed rule 
reflects statutory requirements set forth at 38 U.S.C. 1734 and VA has 
no authority to deny health care to Filipino veterans who reside in the 
United States and who are eligible for these benefits by statute. 
Moreover, the commenter's assertion that these veterans do not pay 
taxes appears incorrect because they must be either citizens or legal 
residents of the United States to qualify for benefits.
    Based on the rationale set forth in the proposed rule and those 
contained in this document, we are adopting the provisions of the 
proposed rule as a final rule with the addition of an authority 
citation and information collection approval number added at the end of 
Sec.  17.39.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 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 expenditure by 
state, local, or tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any given year. This rule would have no such effect on 
State, local, or tribal governments, or the private sector.

Paperwork Reduction Act

    The Office of Management and Budget (OMB) has approved the 
collection of information requirement related to this rulemaking 
proceeding under OMB control number 2900-0091.

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 final rule would not directly affect any small entities. Only 
individuals could be directly affected. Therefore, 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 Numbers

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are 64.006, Grants to States for 
the Construction of State Homes; 64.007, Blind Rehabilitation Centers; 
64.008, Veterans Domiciliary Care; 64.009, Veterans Medical Care 
Benefits; 64.010, Veterans Nursing Home Care; 64.011, Veterans Dental 
Care; 64.012, Veterans Prescription Service; 64.013, Veterans 
Prosthetic Appliances; 64.014, Veterans State Domiciliary Care; 64.015, 
Veterans State Nursing Home Care; 64.016, Veterans State Hospital Care; 
64.018, Sharing Specialized Medical Resources; 64.019, Veterans 
Rehabilitation Alcohol and Drug Dependence; and 64.022, Veterans Home 
Based Primary Care.

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: February 3, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.

0
For the reasons set out in the preamble, 38 CFR part 17 is amended as 
follows:

PART 17--MEDICAL

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 38 U.S.C. 501, 1721, unless otherwise noted.


0
2. Revise Sec.  17.39 to read as follows:


Sec.  17.39  Certain Filipino veterans.

    (a) Any Filipino Commonwealth Army veteran, including one who was 
recognized by authority of the U.S. Army as belonging to organized 
Filipino guerilla forces, or any new Philippine Scout is eligible for 
hospital care, nursing home care, and outpatient medical services 
within the United States in the same manner and subject to the same 
terms and conditions as apply to U.S. veterans, if such veteran or 
scout resides in the United States and is a citizen or lawfully 
admitted to the United States for permanent residence. For purposes of 
these VA health care benefits, the standards described in 38 CFR 
3.42(c) will be accepted as proof of U.S. citizenship or lawful 
permanent residence.
    (b) Commonwealth Army Veterans, including those who were recognized 
by authority of the U.S. Army as belonging to organized Filipino 
guerilla forces, and new Philippine Scouts are not eligible for VA 
health care benefits if they do not meet the residency and citizenship 
requirements described in Sec.  3.42(c).


(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 2900-
0091.)


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

[FR Doc. 06-1221 Filed 2-8-06; 8:45 am]
BILLING CODE 8320-01-P