38 CFR 59.40 - Maximum number of nursing home care and domiciliary care beds for veterans by State.

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§ 59.40 Maximum number of nursing home care and domiciliary care beds for veterans by State.
(a) Except as provided in paragraph (b) of this section, a state may not request a grant for a project to construct or acquire a new state home facility, to increase the number of beds available at a state home facility, or to replace beds at a state home facility if the project would increase the total number of state home nursing home and domiciliary beds in that state beyond the maximum number designated for that state, as shown in the following chart. The provisions of 38 U.S.C. 8134 require VA to prescribe for each state the number of nursing home and domiciliary beds for which grants may be furnished (i.e., the unmet need). A state's unmet need for state home nursing home and domiciliary beds is the number in the following chart for that state minus the sum of the number of nursing home and domiciliary beds in operation at state home facilities and the number of state home nursing home and domiciliary beds not yet in operation but for which a grant has either been requested or awarded under this part.
State Maximumnumber of state home, nursing home & domiciliary beds based on 2020 projections
Alabama 1007
Alaska 179
Arizona 1520
Arkansas 653
California 4363
Colorado 1114
Connecticut 559
Delaware 207
District of Columbia 83
Florida 4049
Georgia 1975
Hawaii 268
Idaho 394
Illinois 1754
Indiana 1216
Iowa 578
Kansas 518
Kentucky 818
Louisiana 638
Maine 362
Maryland 1102
Massachusetts 944
Michigan 1786
Minnesota 1058
Mississippi 480
Missouri 1257
Montana 281
Nebraska 371
Nevada 649
New Hampshire 361
New Jersey 992
New Mexico 417
New York 2209
North Carolina 1900
North Dakota 137
Ohio 2143
Oklahoma 766
Oregon 907
Pennsylvania 2336
Puerto Rico 288
Rhode Island 157
South Carolina 1089
South Dakota 179
Tennessee 1311
Texas 4119
Utah 426
Vermont 142
Virginia 1903
Virgin Islands 12
Washington 1687
West Virginia 406
Wisconsin 1062
Wyoming 154
American Samoa 0
Guam 12
N. Mariana Islands 1
Note to paragraph (a):
The provisions of 38 U.S.C. 8134 require that the “un-met need” numbers be based on a 10-year projection of demand for nursing home and domiciliary care by veterans who at such time are 65 years of age or older and who reside in that state. In determining the projected demand, VA must take into account travel distances for veterans and their families.
(b) A State may request a grant for a project that would increase the total number of State nursing home and domiciliary beds beyond the maximum number for that State, if the State submits to VA, documentation to establish a need for the exception based on travel distances of at least two hours (by land transportation or any other usual mode of transportation if land transportation is not available) between a veteran population center sufficient for the establishment of a State home and any existing State home. The determination regarding a request for an exception will be made by the Secretary.
(Authority: 38 U.S.C. 101, 501, 1710, 1742, 8105, 8131-8137)
[66 FR 33847, June 26, 2001, as amended at 75 FR 17860, Apr. 8, 2010]

Title 38 published on 2013-07-01

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.

  • 2013-12-06; vol. 78 # 235 - Friday, December 6, 2013
    1. 78 FR 73441 - Grants to States for Construction or Acquisition of State Homes
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Final rule.
      Effective Date: This final rule is effective December 6, 2013.
      38 CFR Part 59

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United States Code

Title 38 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR 59 after this date.

  • 2013-12-06; vol. 78 # 235 - Friday, December 6, 2013
    1. 78 FR 73441 - Grants to States for Construction or Acquisition of State Homes
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Final rule.
      Effective Date: This final rule is effective December 6, 2013.
      38 CFR Part 59