[Federal Register Volume 78, Number 58 (Tuesday, March 26, 2013)]
[Rules and Regulations]
[Pages 18240-18241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06828]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 51

RIN 2900-AO36


Removal of 30-Day Residency Requirement for Per Diem Payments

AGENCY: Department of Veterans Affairs.

ACTION: Final rule; confirmation of effective date.

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SUMMARY: The Department of Veterans Affairs (VA) published a direct 
final rule amending its regulations concerning per diem payments to 
State homes for the provision of nursing home care to veterans. 
Specifically, this rule removes the requirement that a veteran must 
have resided in a State home for 30 consecutive days before VA will pay 
per diem for that veteran when there is no overnight stay. VA received 
no significant adverse comments concerning this rule or its companion 
substantially identical proposed rule published on the same date. This 
document confirms that the direct final rule became effective on 
November 26, 2012. In a companion document in this issue of the Federal 
Register, we are withdrawing as unnecessary the proposed rule.

DATES: Effective Date: This final rule is effective November 26, 2012.

FOR FURTHER INFORMATION CONTACT: Harold Bailey, Program Management 
Officer (Director of Administration), VA Health Administration Center, 
Purchased Care (10NB3), Veterans Health Administration, Department of 
Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420; (303) 
331-7551. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: In a direct final rule published in the 
Federal Register on September 27, 2012, 77 FR 59318, VA amended 38 CFR 
51.43 to eliminate a requirement that a veteran must have resided in a 
State home for 30 consecutive days before VA will pay per diem for that 
veteran when there is no overnight stay. VA published a companion 
substantially identical proposed rule at 77 FR 59354 on the same date 
to serve as a proposal for the provisions in the direct final rule in 
case adverse comments were received. The direct final rule and proposed 
rule each provided a 30-day comment period that ended on October 29, 
2012. No significant adverse comments were received. Members of the 
general public submitted two comments supporting the rulemaking.
    Under the direct final rule procedures that were described in 77 FR 
59318 and

[[Page 18241]]

 77 FR 59354, the direct final rule became effective on November 26, 
2012, because no significant adverse comments were received within the 
comment period. In a companion document in this issue of the Federal 
Register, VA is withdrawing the proposed rulemaking, RIN 2900-AO37, 
published at 77 FR 59354, as unnecessary.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. John R. 
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this 
document on March 20, 2013 for publication.

    Dated: March 21, 2013.
Robert C. McFetridge,
Director of Regulation Policy and Management, Office of General 
Counsel, Department of Veterans Affairs.
[FR Doc. 2013-06828 Filed 3-25-13; 8:45 am]
BILLING CODE 8320-01-P