38 CFR 17.264 - Recoupments and releases. | Title 38 - Pensions, Bonuses, and Veterans' Relief | Code of Federal Regulations

§ 17.264

Recoupments and releases.

In any case where the Department of Veterans Affairs or a grantee's obligations under an exchange of information agreement implemented by grant funds are terminated, or where grant-financed equipment or facilities cease to be used for the purposes for which grant support was given, or when grant-financed property is transferred, the grantee shall return the proportionate value of such equipment or facility as was financed by the grant. When it is determined the Department of Veterans Affairs equitable interest is greater that proportionate value, then a claim in such greater amount shall be asserted. If it is determined an amount less than proportionate value or less than the Department of Veterans Affairs equitable interest should be recouped, or that the Department of Veterans Affairs should execute any releases, then a proposal concerning such a settlement or releases complete with explanations and justifications shall be submitted to the Assistant Chief Medical Director for Academic Affairs for a final determination.

[42 FR 54805, Oct. 11, 1977. Redesignated at 61 FR 21966, May 13, 1996]

Title 38 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 38.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2013-04-02; vol. 78 # 63 - Tuesday, April 2, 2013

78 FR 19586 - Grants for Transportation of Veterans in Highly Rural Areas

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-07636
RIN	2900-AO01

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective date: This rule is effective May 2, 2013.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) amends its regulations to establish a new program to provide grants to eligible entities to assist veterans in highly rural areas through innovative transportation services to travel to VA medical centers, and to otherwise assist in providing transportation services in connection with the provision of VA medical care to these veterans, in compliance with section 307 of title III of the Caregivers and Veterans Omnibus Health Services Act of 2010. This final rule establishes procedures for evaluating grant applications under the new grant program, and otherwise administering the new grant program.

2012-12-31; vol. 77 # 250 - Monday, December 31, 2012

77 FR 76865 - Copayments for Medications in 2013

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31432
RIN	2900-AO58

DEPARTMENT OF VETERANS AFFAIRS

Interim final rule.

Effective Date: This rule is effective on December 31, 2012. Comments must be received on or before March 1, 2013.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) amends its medical regulations concerning the copayment required for certain medications. But for this rulemaking, beginning on January 1, 2013, the copayment amount would increase based on a formula set forth in regulation. The maximum annual copayment amount payable by veterans would also increase. For 2012, VA “froze” the copayment amount for veterans in VA's health care system enrollment priority categories 2 through 6, but allowed copayments to increase based on the regulatory formula for veterans in priority categories 7 and 8. However, that formula did not trigger an increase in the copayment amount for veterans in priority categories 7 and 8. This rulemaking freezes copayments at the current rate for veterans in priority categories 2 through 8 for 2013, and thereafter resumes increasing copayments in accordance with the regulatory formula.

2012-11-28; vol. 77 # 229 - Wednesday, November 28, 2012

77 FR 70893 - Authorization for Non-VA Medical Services

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-28778
RIN	2900-AO47

DEPARTMENT OF VETERANS AFFAIRS

Direct final rule.

This final rule is effective on January 28, 2013, without further notice, unless VA receives a significant adverse comment by December 28, 2012.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) is taking direct final action to amend its regulation governing payment by VA for non-VA outpatient care under VA's statutory authority to provide non-VA care. Under this authority, VA may contract for certain hospital care (inpatient care) and medical services (outpatient care) for eligible veterans when VA facilities are not capable of providing such services due to geographical inaccessibility or are not capable of providing the services needed. This amendment revises VA's existing regulation in accordance with statutory authority to remove a limitation on which veterans are eligible for medical services under this authority.

2012-09-25; vol. 77 # 186 - Tuesday, September 25, 2012

77 FR 58952 - Exempting In-Home Video Telehealth From Copayments

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-23513
RIN	2900-AO26

DEPARTMENT OF VETERANS AFFAIRS

Direct final rule; confirmation of effective date.

Effective Date: This final rule is effective May 7, 2012.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) published a direct final rule amending its regulation that governs VA services that are not subject to copayment requirements for inpatient hospital care or outpatient medical care. Specifically, the regulation exempted in-home video telehealth care from having any required copayment. 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 May 7, 2012. In a companion document in this issue of the Federal Register , we are withdrawing as unnecessary the proposed rule.

2012-09-05; vol. 77 # 172 - Wednesday, September 5, 2012

77 FR 54368 - Service Dogs

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-21784
RIN	2900-AN51

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This rule is effective October 5, 2012.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) amends its regulations concerning veterans in need of service dogs. Under this final rule, VA will provide to veterans with visual, hearing, or mobility impairments benefits to support the use of a service dog as part of the management of such impairments. The benefits include assistance with veterinary care, travel benefits associated with obtaining and training a dog, and the provision, maintenance, and replacement of hardware required for the dog to perform the tasks necessary to assist such veterans.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 38 - VETERANS’ BENEFITS

§ 501 - Rules and regulations

Title 38 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR 17 after this date.

2013-04-22; vol. 78 # 77 - Monday, April 22, 2013

78 FR 23702 - Copayment for Extended Care Services

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-09396
RIN	2900-AO59

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comments must be received on or before June 21, 2013.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) proposes to amend how VA determines the “spousal resource protection amount,” which is the amount of liquid assets of a veteran and community (i.e., not institutionalized) spouse that is considered unavailable when calculating the veteran's maximum monthly copayment obligation for extended care services longer than 180 days. This proposed rule would define the “spousal resource protection amount” by reference to the Maximum Community Spouse Resource Standard, which is published each year by the Centers for Medicare and Medicaid Services (CMS) and is adjusted annually based on the Consumer Price Index. This change would have the immediate effect of increasing the spousal resource protection amount from $89,280 to $115,920, and would ensure that the spousal resource protection amount stays consistent with the comparable protection for the spouses of Medicaid recipients.

2013-04-15; vol. 78 # 72 - Monday, April 15, 2013

78 FR 22219 - Removal of Penalty for Breaking Appointments

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-08794
RIN	2900-AO51

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comments must be received by VA on or before June 14, 2013.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) proposes to remove a regulation that states that a veteran who misses two medical appointments without providing 24 hours' notice and a reasonable excuse is deemed to have refused VA medical care. The current regulation states that no further treatment will be furnished to a veteran deemed to have refused care except in emergency situations, unless the veteran agrees to cooperate by keeping future appointments. VA believes that the current regulation is incompatible with regulatory changes implemented after the regulation was promulgated, is not in line with current practice, and is inconsistent with VA's patient-centered approach to medical care.

2013-04-02; vol. 78 # 63 - Tuesday, April 2, 2013

78 FR 19586 - Grants for Transportation of Veterans in Highly Rural Areas

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-07636
RIN	2900-AO01

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective date: This rule is effective May 2, 2013.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) amends its regulations to establish a new program to provide grants to eligible entities to assist veterans in highly rural areas through innovative transportation services to travel to VA medical centers, and to otherwise assist in providing transportation services in connection with the provision of VA medical care to these veterans, in compliance with section 307 of title III of the Caregivers and Veterans Omnibus Health Services Act of 2010. This final rule establishes procedures for evaluating grant applications under the new grant program, and otherwise administering the new grant program.

2013-02-22; vol. 78 # 36 - Friday, February 22, 2013

78 FR 12264 - Criteria for a Catastrophically Disabled Determination for Purposes of Enrollment

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-04134
RIN	2900-AO21

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comments on the proposed rule must be received by VA on or before April 23, 2013.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) proposes to amend its regulation concerning the manner in which VA determines that a veteran is catastrophically disabled for purposes of enrollment in priority group 4 for VA health care. The current regulation relies on specific codes from the International Classification of Diseases, Ninth Revision, Clinical Modification (ICD-9-CM) and Current Procedural Terminology (CPT®). We propose to state the descriptions that would identify an individual as catastrophically disabled, instead of using the corresponding ICD-9-CM and CPT® codes. The revisions would ensure that our regulation is not out of date when new versions of those codes are published. The revisions would also broaden some of the descriptions for a finding of catastrophic disability. Additionally, we would eliminate the Folstein Mini Mental State Examination (MMSE) as a criterion for determining whether a veteran meets the definition of catastrophically disabled, because we have determined that the MMSE is no longer a necessary clinical assessment tool.

2013-02-13; vol. 78 # 30 - Wednesday, February 13, 2013

78 FR 10117 - Use of Medicare Procedures To Enter Into Provider Agreements for Extended Care Services

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-02993
RIN	2900-AO15

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comments must be received by VA on or before March 15, 2013.

38 CFR Part 17

Summary

This rulemaking proposes to amend the medical regulations of the Department of Veterans Affairs (VA) to allow VA to use Medicare or State procedures to enter into provider agreements to obtain extended care services from non-VA providers. In addition, this rulemaking proposes to include home health care, palliative care, and noninstitutional hospice care services as extended care services, when provided as an alternative to nursing home care. Under this proposed rule, VA would be able to obtain extended care services for veterans from providers who are closer to veterans' homes and communities.

2012-12-31; vol. 77 # 250 - Monday, December 31, 2012

77 FR 76865 - Copayments for Medications in 2013

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-31432
RIN	2900-AO58

DEPARTMENT OF VETERANS AFFAIRS

Interim final rule.

Effective Date: This rule is effective on December 31, 2012. Comments must be received on or before March 1, 2013.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) amends its medical regulations concerning the copayment required for certain medications. But for this rulemaking, beginning on January 1, 2013, the copayment amount would increase based on a formula set forth in regulation. The maximum annual copayment amount payable by veterans would also increase. For 2012, VA “froze” the copayment amount for veterans in VA's health care system enrollment priority categories 2 through 6, but allowed copayments to increase based on the regulatory formula for veterans in priority categories 7 and 8. However, that formula did not trigger an increase in the copayment amount for veterans in priority categories 7 and 8. This rulemaking freezes copayments at the current rate for veterans in priority categories 2 through 8 for 2013, and thereafter resumes increasing copayments in accordance with the regulatory formula.

2012-12-26; vol. 77 # 247 - Wednesday, December 26, 2012

77 FR 75918 - VA Health Professional Scholarship and Visual Impairment and Orientation and Mobility Professional Scholarship Programs

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-30811
RIN	2900-AO34

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comments must be received by VA on or before February 25, 2013.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) proposes to amend its VA Health Professional Scholarship Program (HPSP) regulations. VA also proposes to establish regulations for a new program, the Visual Impairment and Orientation and Mobility Professional Scholarship Program (VIOMPSP). These proposed regulations would comply with and implement sections 302 and 603 of the Caregivers and Veterans Omnibus Health Services Act of 2010 (the 2010 Act). Section 302 of the 2010 Act established the VIOMPSP, which authorizes VA to provide financial assistance to certain students seeking a degree in visual impairment or orientation or mobility, in order to increase the supply of qualified blind rehabilitation specialists for VA and the United States. Section 603 of the 2010 Act reauthorized and modified HPSP, a program that provides scholarships for education or training in certain healthcare occupations.

2012-11-28; vol. 77 # 229 - Wednesday, November 28, 2012

77 FR 70893 - Authorization for Non-VA Medical Services

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-28778
RIN	2900-AO47

DEPARTMENT OF VETERANS AFFAIRS

Direct final rule.

This final rule is effective on January 28, 2013, without further notice, unless VA receives a significant adverse comment by December 28, 2012.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) is taking direct final action to amend its regulation governing payment by VA for non-VA outpatient care under VA's statutory authority to provide non-VA care. Under this authority, VA may contract for certain hospital care (inpatient care) and medical services (outpatient care) for eligible veterans when VA facilities are not capable of providing such services due to geographical inaccessibility or are not capable of providing the services needed. This amendment revises VA's existing regulation in accordance with statutory authority to remove a limitation on which veterans are eligible for medical services under this authority.

77 FR 70967 - Authorization for Non-VA Medical Services

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-28776
RIN	2900-AO46

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

VA must receive comments on or before December 28, 2012.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) proposes to amend its regulation governing payment by VA for non-VA outpatient care under VA's statutory authority to provide non-VA care. Under this authority, VA may contract for certain hospital care (inpatient care) and medical services (outpatient care) for eligible veterans when VA facilities are not capable of providing such services due to geographical inaccessibility or are not capable of providing the services needed. This proposed amendment would revise VA's existing regulation in accordance with statutory authority to remove a limitation on which veterans are eligible for medical services under this authority.

2012-09-25; vol. 77 # 186 - Tuesday, September 25, 2012

77 FR 58952 - Exempting In-Home Video Telehealth From Copayments

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-23513
RIN	2900-AO26

DEPARTMENT OF VETERANS AFFAIRS

Direct final rule; confirmation of effective date.

Effective Date: This final rule is effective May 7, 2012.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) published a direct final rule amending its regulation that governs VA services that are not subject to copayment requirements for inpatient hospital care or outpatient medical care. Specifically, the regulation exempted in-home video telehealth care from having any required copayment. 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 May 7, 2012. In a companion document in this issue of the Federal Register , we are withdrawing as unnecessary the proposed rule.

77 FR 58977 - Exempting In-Home Video Telehealth From Copayments

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-23514
RIN	2900-AO27

DEPARTMENT OF VETERANS AFFAIRS

Withdrawal of proposed rule.

The proposed rule is withdrawn as of September 25, 2012.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) is withdrawing VA's proposed rulemaking, published in the Federal Register on March 6, 2012, to amend its regulation that governs VA services that are not subject to copayment requirements for inpatient hospital care or outpatient medical care. Specifically, the regulation exempted in-home video telehealth care from having any required copayment. VA received no significant adverse comments concerning the proposed rule or its companion substantially identical direct final rule published on the same date in the Federal Register . In a companion document in this issue of the Federal Register , we are confirming that the direct final rule became effective on May 7, 2012. Accordingly, this document withdraws as unnecessary the proposed rule.

2012-09-05; vol. 77 # 172 - Wednesday, September 5, 2012

77 FR 54368 - Service Dogs

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-21784
RIN	2900-AN51

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This rule is effective October 5, 2012.

38 CFR Part 17

Summary

The Department of Veterans Affairs (VA) amends its regulations concerning veterans in need of service dogs. Under this final rule, VA will provide to veterans with visual, hearing, or mobility impairments benefits to support the use of a service dog as part of the management of such impairments. The benefits include assistance with veterinary care, travel benefits associated with obtaining and training a dog, and the provision, maintenance, and replacement of hardware required for the dog to perform the tasks necessary to assist such veterans.

38 CFR 17.264 - Recoupments and releases.

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