[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Proposed Rules]
[Pages 4223-4225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01491]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 60

RIN 2900-AP45


Fisher Houses and Other Temporary Lodging

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its 
regulations concerning Fisher House and other temporary lodging 
furnished by VA while a veteran is experiencing an episode of care at a 
VA medical facility. Such lodging is generally furnished to veterans' 
relatives, close friends, and caregivers at no cost, because VA's 
experience has shown that veterans' treatment outcomes are improved by 
having loved ones nearby. The proposed rule updates current regulations 
and better describes the application process for this lodging. The 
proposed rule generally reflects current VA policy and practice.

DATES: Comment Date: Comments must be received by VA on or before March 
28, 2016.

ADDRESSES: Written comments may be submitted by email through http://www.regulations.gov; by mail or hand-delivery to Director, Regulation 
Policy and Management (02REG), Department of Veterans Affairs, 810 
Vermont Avenue NW., Room 1068, Washington, DC 20420; or by fax to (202) 
273-9026. Comments should indicate that they are submitted in response 
to ``RIN 2900-AP45, Fisher Houses and Other Temporary Lodging.'' Copies 
of comments received will be available for public inspection in the 
Office of Regulation Policy and Management, Room 1068, between the 
hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except 
holidays). Please call (202) 461-4902 for an appointment. (This is not 
a toll-free number.) In addition, during the comment period, comments 
may be viewed online through the Federal Docket Management System 
(FDMS) at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Michael T. Kilmer, Chief Consultant, 
Care Management and Social Work Services (10P4C), Veterans Health 
Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., 
Washington, DC 20420, (202) 461-6780. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: VA's program for providing temporary lodging 
for certain individuals is authorized by section 1708 of title 38, 
United States Code (U.S.C.). Under section 1708, VA ``may furnish 
[certain] persons . . . with temporary lodging in a Fisher [H]ouse or 
other appropriate facility in connection with the examination, 
treatment, or care of a veteran under [chapter 17].'' This authority to 
provide temporary lodging assists VA in providing appropriate treatment 
and care to veterans because patients often respond better when they 
are accompanied by relatives, close friends, or caregivers. Thus, 
providing temporary lodging is an important element of a veteran's 
treatment. VA implemented its authority under section 1708 in 38 CFR 
part 60. However, the current regulation no longer accurately describes 
the process by which VA approves requests for Fisher House or other 
temporary lodging. This proposed rule would amend the regulations to 
describe the current process.
    The application process for Fisher House or other temporary lodging 
is described in 38 CFR 60.15. We propose to amend Sec.  60.15, because 
the application process has substantially changed. Section 60.15(a) 
currently states that VA Form 10-0408A is ``the application for Fisher 
House and other temporary lodging.'' That section also gives 
instructions for obtaining and filing the specified form. Although we 
will continue to accept applications submitted on Form 10-0408A until 
this proposed regulation takes effect, VA has discontinued the use of 
this form in favor of a process that requires the requester to contact 
specified personnel directly for capture in the requester's electronic 
health record of all information that would have been included on the 
form.
    This process has already improved the efficiency of evaluating 
requests for Fisher House and other temporary housing for several 
reasons. VA facilities cannot practicably store paper

[[Page 4224]]

forms, and electronic processing will save time and money compared to 
scanning paper forms into a veteran's medical record. Additionally, 
because the consult will become part of the veteran's electronic health 
record, VA staff can view it when future requests for temporary housing 
are received. This will save time for the veteran, who will need to 
provide only updated information to VA staff, rather than having to 
complete a new form. Accordingly, we propose to replace the existing 
language of Sec.  60.15(a) by deleting the reference to Form 10-0408A 
and replacing it with a description of the new process.
    Although VA continues to accept applications on Form 10-0408A, 
requests for Fisher House or other temporary lodging will no longer 
involve a separate formal application process once the present proposed 
rule becomes effective. Accordingly, VA believes that deleting 
references to an ``application'' or ``applications'' and replacing them 
with ``request'' or ``requests'' throughout part 60 more accurately 
reflects the process involved. We also propose to amend Sec.  60.15(a) 
to describe the electronic consult request process. However, we would 
retain all other criteria in part 60 for processing requests that are 
received under the new CPRS-based process.

Effect of Rulemaking

    The Code of Federal Regulations, as proposed to be revised by this 
proposed rulemaking, would represent the exclusive legal authority on 
this subject. No contrary rules or procedures would be authorized. All 
VA guidance would be read to conform with this proposed rulemaking if 
possible or, if not possible, such guidance would be superseded by this 
rulemaking.

Paperwork Reduction Act

    This proposed rule contains no new provisions constituting a 
collection of information under the Paperwork Reduction Act (44 U.S.C. 
3501-3521). VA Form 10-0408A, referred to in current 30 CFR 60.15(a) 
was previously approved by the Office of Management and Budget (OMB) 
under control number 2900-0630, but as stated above, its use has been 
discontinued.

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule would 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 proposed rule would not cause a significant 
economic impact on health care providers, suppliers, or entities 
because the proposed rule would apply only to patients receiving care 
at VA facilities. Therefore, pursuant to 5 U.S.C. 605(b), this proposed 
rulemaking is exempt from the initial and final regulatory flexibility 
analysis requirements of 5 U.S.C. 603 and 604.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action,'' which requires review by the Office 
of Management and Budget (OMB), unless OMB waives such review, as ``any 
regulatory action that is likely to result in a rule that may: (1) Have 
an annual effect on the economy of $100 million or more or adversely 
affect in a material way the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities; (2) 
Create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency; (3) Materially alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of recipients thereof; or (4) Raise novel legal 
or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in this Executive Order.''
    VA has examined the economic, interagency, budgetary, legal, and 
policy implications of this regulatory action, and it has been 
determined not to be a significant regulatory action under Executive 
Order 12866.

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 issuing any rule that may result in an expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This proposed rule would have no such 
effect on State, local, and tribal governments, or on the private 
sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program number and title 
for this rule are as follows: 64.005, Grants to States for Construction 
of State Home Facilities; 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; 64.022, Veterans Home Based Primary Care; 
and 64.024, VA Homeless Providers Grant and Per Diem Program.

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. Robert D. 
Snyder, Interim Chief of Staff, Department of Veterans Affairs, 
approved this document on January 20, 2016, for publication.

List of Subjects in 38 CFR Part 60

    Health care, Housing, Reporting and recordkeeping requirements, 
Travel, Veterans.

    Dated: January 21, 2016.
Michael P. Shores,
Chief Impact Analyst, Office of Regulation Policy & Management, Office 
of the General Counsel, Department of Veterans Affairs.

    For the reasons set forth in the preamble, VA proposes to amend 38 
CFR part 60 as follows:

PART 60--FISHER HOUSES AND OTHER TEMPORARY HOUSING

0
1. The authority citation for part 60 continues to read as follows:

    Authority:  38 U.S.C. 501, 1708, and as noted in specific 
sections.

0
2. Amend Sec.  60.10 by removing in the word ``application'' each time 
it appears in the section and adding in its place the word ``request.''
0
3. Amend Sec.  60.15 by revising paragraphs (a), (b)(1), (b)(6) and 
(b)(7) to read as follows:

[[Page 4225]]

Sec.  60.15  Process for requesting Fisher House or other temporary 
lodging.

    (a) Submitting requests. An accompanying individual requesting 
Fisher House or other temporary lodging must contact directly the 
provider, social worker, case manager, or Fisher House Manager at the 
veteran's VA health care facility of jurisdiction. Upon receiving a 
request, VA will determine the accompanying individual's eligibility 
for the requested housing, as provided in paragraph (b)(5) of this 
section.
    (b) Processing requests. (1) Requests for all temporary housing are 
generally processed in the order that they are received by VA, and 
temporary lodging is then granted on a first come, first served basis; 
however, in extraordinary circumstances, such as imminent death, 
critical injury, or organ donation, requests may be processed out of 
order.
* * * * *
    (6) If VA denies a request for one type of lodging, such as at a 
Fisher House, the request will be considered for other temporary 
lodging and vice versa, if the requester is eligible.
    (7) If VA denies a request for temporary lodging, VA will refer the 
request to a VA social worker at the VA health care facility of 
jurisdiction to determine if other arrangements can be made.
* * * * *
[FR Doc. 2016-01491 Filed 1-25-16; 8:45 am]
 BILLING CODE 8320-01-P