[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26592-26594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11888]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 60

RIN 2900-AP45


Fisher Houses and Other Temporary Lodging

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending 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 at no cost to 
veterans' relatives, close friends, and caregivers, because VA's 
experience has shown that veterans' treatment outcomes are improved by 
having loved ones nearby. The final rule updates current regulations 
and better describes the application process for this lodging along 
with generally reflecting current VA policy and practice.

DATES: This final rule is effective July 10, 2017.

FOR FURTHER INFORMATION CONTACT: Jennifer Koget, National Fisher House 
and Family Hospitality Program Manager, Care Management and Social Work 
(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

[[Page 26593]]

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 can be an 
important element of a veteran's treatment. VA implemented its 
authority under section 1708 in 38 CFR part 60. The previous regulation 
no longer accurately described the process by which VA approved 
requests for Fisher House or other temporary lodging. This final rule 
amends the regulation to describe the current process.
    Prior to January 26, 2016, VA employed VA Form 10-0408A as ``the 
application for Fisher House and other temporary lodging.'' On January 
26, 2016, VA proposed to amend Sec.  60.15 because the application 
process substantially changed. See 81 FR 4223. We discontinued use of 
this form in favor of a different process when accepting Fisher House 
requests. Now, VA requires those making requests to contact VA 
directly, so we may capture in the veteran's electronic health records 
all of the information the requester would have included on the form.
    The new process has improved the efficiency of evaluating requests 
for Fisher House and other temporary housing for several reasons. VA 
facilities cannot practicably store paper forms, and electronic 
processing will save time and money compared to scanning paper forms 
into a veteran's medical record. Additionally, because the consult 
becomes 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 proposed amendments to Sec.  60.15(a) by deleting 
reference to Form 10-0408A and replacing it with a description of the 
new process.
    We provided a 60-day comment period, which ended on March 23, 2016. 
We received zero (0) comments on the proposed rule. Based on the 
rationale set forth in the proposed rule and in this document, VA is 
adopting the provisions of the proposed rule as a final rule with no 
changes as noted above.

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
final rulemaking, represents VA's implementation of its legal authority 
on this subject. Other than future amendments to this regulation or 
governing statutes, no contrary guidance or procedures are authorized. 
All existing or subsequent VA guidance must be read to conform with 
this rulemaking if possible or, if not possible, such guidance is 
superseded by this rulemaking.

Paperwork Reduction Act

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

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

Executive Order 12866, 13563 and 13771

    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,'' requiring 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. The 
economic, interagency, budgetary, legal, and policy implications of 
this final rule have been examined, and it has been determined not to 
be a significant regulatory action under Executive Order 12866. 
Consistent with EO 13771 (82 FR 9339, February 3, 2017) we have 
estimated the cost savings for this proposed rule to be: $1,999,992. 
Therefore, this rule is expected to be an EO 13771 deregulatory action.
    VA's impact analysis can be found as a supporting document at 
http://www.regulations.gov, usually within 48 hours after the 
rulemaking document is published. Additionally, a copy of the 
rulemaking and its impact analysis are available on VA's Web site at 
http://www.va.gov/orpm/, by following the link for VA Regulations 
Published From FY 2004 Through Fiscal Year to Date.

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 final rule will 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: 64.007, 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; 64.013, 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.

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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. Gina S. 
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, 
approved this document on May 15, 2017, for publication.

List of Subjects in 38 CFR Part 60

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


    Dated: June 5, 2017.
Janet Coleman,
Chief, Office of Regulation Policy & Management, Office of the 
Secretary, Department of Veterans Affairs.

    For the reasons set out in the preamble, VA amends 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, 1710(a) and as noted in 
specific sections.


Sec.  60.10  [Amended]

0
2. Amend Sec.  60.10 by removing the word ``application'' once in 
paragraph (a) and twice in paragraph (c) introductory text and adding 
in its place the word ``request''.

0
 3. Amend Sec.  60.15 by revising paragraphs (a) and (b)(1), (6), and 
(7) to read as follows:


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. 2017-11888 Filed 6-7-17; 8:45 am]
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