966 Part 60—Fisher Houses and Other Temporary

§ 59.170 38 CFR Ch. I (7–1–20 Edition)

TABLE TO PARAGRAPH (e)—ADULT DAY HEALTH CARE—Continued Wheelchair storage ...... 100 Kitchen ...... 120 Janitor’s closet ...... 40 Resident laundry ...... 125 Trash collection ...... 60 III. Bathing and Toilet Facilities: (A) Private or shared facilities: Wheelchair facilities ...... 25 (per fixture). Standard facilities ...... 15 (per fixture). (B) Full bathroom ...... 75 1 The size to be determined by the Chief Consultant, Geriatrics and Extended Care, as necessary to accommodate pro- jected patient care needs (must be justified by State in space program analysis).

(Authority: 38 U.S.C. 101, 501, 1710, 1742, 8105, 8131–8137; Sections 2, 3, 4, and 4a of the Architec- tural Barriers Act of 1968, as amended, Public Law 90–480, 42 U.S.C. 4151–4157)

§ 59.170 Forms. § 60.2 Definitions. All forms required by this part are For the purposes of this part: available on the internet at ‘‘http:// Accompanying individual means an in- www.va.gov/forms/’’ for VA Forms and dividual seeking Fisher House or other at ‘‘http://www.gsa.gov’’ for Standard temporary lodging, who provides famil- Forms, or at the Veterans Health Ad- ial support or the equivalent of famil- ministration, Room 789, 810 Vermont ial support, to a veteran while the vet- Ave., NW., Washington, DC 20420. eran is experiencing an episode of care. This term is defined broadly to include (Authority: 38 U.S.C. 101, 501, 1710, 1742, 8105, relatives, close friends, and caregivers. 8131–8137, Section 2, 3, 4, and 4a of the Archi- tectural Barriers Act of 1968, as amended, Compensation and pension examination Pub. L. 90–480, 42 U.S.C. 4151–4157) means an examination requested by VA’s Veterans Benefits Administration [73 FR 58880, Oct. 8, 2008] to be conducted at a VA health care facility for the purpose of evaluating a PART 60—FISHER HOUSES AND veteran’s claim. OTHER TEMPORARY LODGING Episode of care means a course of outpatient treatment, or a period of hos- Sec. pitalization, during which a veteran re- 60.1 Purpose and scope. ceives health care under 38 U.S.C. chap- 60.2 Definitions. ter 17, or 38 U.S.C. 8111 or 8153. Exam- 60.3 Other donated temporary lodging. ples of episodes of care include (but are 60.10 Eligibility criteria for Fisher House or not limited to) the following: other temporary lodging. (1) An appointment at a VA health 60.15 Process for requesting Fisher House or care facility to receive health care or a other temporary lodging. compensation and pension examina- 60.20 Duration of Fisher House or other tion. temporary lodging. (2) Extended outpatient treatment, AUTHORITY: 38 U.S.C. 501, 1708. such as treatment associated with organ transplant, chemotherapy, or ra- SOURCE: 77 FR 59089, Sept. 26, 2012, unless otherwise noted. diation. (3) Hospitalization for a critical in- § 60.1 Purpose and scope. jury or illness; where death is imminent; or where a veteran is unable to This part applies to Fisher House and make medical decisions for him/herself other temporary lodging furnished by and the accompanying individual is au- VA while a veteran is experiencing an thorized to make such decisions on the episode of care at a VA health care fa- veteran’s behalf. cility. Fisher House means a housing facility (Authority: 38 U.S.C. 501, 1708) that is located at or near a VA health

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care facility and was constructed by ment program, or as a substitute for and donated to VA by the Fisher House participation in such a program. Foundation (formerly the Zachary and (b) Eligible persons—(1) Fisher House. Elizabeth M. Fisher Armed Services VA may provide Fisher House lodging Foundation), or a facility that is treat- to accompanying individual(s) and, in ed as if it were Fisher House lodging limited circumstances of immediate under § 60.3. need and no alternative temporary Other temporary lodging includes: lodging, to a veteran with one or more (1) Lodging at a temporary lodging accompanying individual(s). Fisher facility, other than a Fisher House, lo- House lodging will not be used to lodge cated at a VA health care facility (gen- unaccompanied veterans or individuals erally referred to as a ‘‘hoptel’’); in need of transitional or permanent (2) A hotel or motel; housing. (3) Non-utilized beds at a VA health care facility designated as lodging NOTE: VA does not impose a general limit beds; and on the number of persons who may accom- (4) Other donated lodging to be used pany a veteran, but VA may in specific cases on a temporary basis in accordance provide lodging to only a specific number of with 38 U.S.C. 1708. persons due to space or resource limitations. VA means the Department of Vet- (2) Other temporary lodging. VA may erans Affairs. provide other temporary lodging to a (Authority: 38 U.S.C. 501, 1708) veteran or to a veteran and his or her accompanying individual(s). Accom- EDITORIAL NOTE: At 79 FR 2100, Jan. 13, panying individuals may not stay in 2014, § 60.2 was amended by removing ‘‘VA’s Compensation and Pension Service’’ and add- other temporary lodging unless the ing, in its place, ‘‘the Compensation Service veteran is also staying in temporary or the Pension and Fiduciary Service’’; how- lodging. ever, the amendment could not be incor- porated due to inaccurate amendatory in- NOTE: VA does not impose a general limit struction. on the number of persons who may accom- pany a veteran, but VA may in specific cases § 60.3 Other donated temporary lodg- provide lodging to only a specific number of ing. persons due to space or resource limitations. Whenever VA receives, from a source (c) Condition of the veteran. Fisher other than the Fisher House Founda- House or other temporary lodging will tion, an undesignated donation of lodg- not be provided to a veteran unless the ing to be used on a temporary basis, VA official reviewing the request de- the lodging will be designated as if it termines, based on the request and on were Fisher House lodging or be treat- any necessary clinical information, ed as other temporary lodging based that the veteran is: upon the types of lodging available in (1) Medically stable and capable of the area. If VA receives a gift that self-care; or specifies the terms of the lodging pro- (2) Accompanied by an individual vided, VA will use the lodging provided who is able to provide all necessary in the manner specified by the donor. care. (Authority: 38 U.S.C. 501, 1708, 8103, 8104) (d) Travel time/distance requirement. Fisher House or other temporary lodg- § 60.10 Eligibility criteria for Fisher ing may be provided only if the appli- House or other temporary lodging. cant seeking lodging must travel at (a) General. While a veteran is under- least 50 miles, or for 2 hours, from his going an episode of care, VA may pro- or her home to the VA health care fa- vide either Fisher House or other tem- cility. VA may waive these require- porary lodging, as appropriate, if the ments based on exceptional cir- request meets the requirements of this cumstances, such as when the physical part 60. These are the only types of condition of an accompanying indi- lodging provided by VA under this vidual and/or the veteran, inclement part. Note: Lodging provided for under weather, road conditions, or the mode this part will not be used by a person of transportation, make it difficult or participating in a VA residential treat- dangerous to travel to or return from

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the VA health care facility without an impact on patient care. Non-utilized overnight stay. beds provided to accompanying individ- (e) Special authority for organ trans- uals must be reassigned to VA patients plant cases. Notwithstanding any other when necessary. provision of this part, VA may provide (4) The Director of the VA health Fisher House or other temporary lodg- care facility of jurisdiction will deter- ing for individuals who must be present mine whether local funding is suffi- on site for evaluation, donation, and cient to allow the use of temporary care related to their status as an organ lodging in hotels and motels. donor for a veteran. VA may also pro- (5) Subject to all criteria provided in vide Fisher House or other temporary this part, the person responsible for co- lodging for the donor’s accompanying ordinating the Fisher House and other individuals at all phases of the trans- temporary lodging program(s) at the plant process. VA health care facility of jurisdiction (Authority: 38 U.S.C. 501, 1708, 1710(a)) is responsible for making decisions to grant temporary lodging. These deci- [77 FR 59089, Sept. 26, 2012, as amended at 82 FR 26594, June 8, 2017] sions are considered to be final VA decisions concerning individual medical § 60.15 Process for requesting Fisher treatment plans and the scheduling House or other temporary lodging. and use of VA lodging facilities, and (a) Submitting requests. An accom- they are not appealable to the Board of panying individual requesting Fisher Veterans’ Appeals. House or other temporary lodging must (6) If VA denies a request for one type contact directly the provider, social of lodging, such as at a Fisher House, worker, case manager, or Fisher House the request will be considered for other Manager at the veteran’s VA health temporary lodging and vice versa, if care facility of jurisdiction. Upon re- the requester is eligible. ceiving a request, VA will determine (7) If VA denies a request for tem- the accompanying individual’s eligi- porary lodging, VA will refer the re- bility for the requested housing, as pro- quest to a VA social worker at the VA vided in paragraph (b)(5) of this sec- health care facility of jurisdiction to tion. determine if other arrangements can be (b) Processing requests. (1) Requests made. for all temporary housing are generally (c) Costs for Fisher House and other processed in the order that they are re- temporary lodging under this part are ceived by VA, and temporary lodging is borne by VA. then granted on a first come, first (The Office of Management and Budget has served basis; however, in extraordinary approved the information collection require- circumstances, such as imminent ments in this section under OMB control death, critical injury, or organ dona- number 2900–0630) tion, requests may be processed out of order. (Authority: 38 U.S.C. 501, 1708) (2) Temporary lodging is granted on a [77 FR 59089, Sept. 26, 2012, as amended at 82 space-available basis, with some con- FR 26594, June 8, 2017; 82 FR 35905, Aug. 2, sideration given to the compatibility 2017] of the applicant(s) and the room(s) available. For example, although VA § 60.20 Duration of Fisher House or other temporary lodging. may require an applicant to share a room with another veteran’s accom- Fisher House or other temporary panying individual, VA would not do so lodging may be awarded for the fol- if the persons affected are not the same lowing periods: gender. (a) While the veteran is undergoing (3) Temporary lodging at a VA health an episode of care. care facility, such as non-utilized beds (b) While the veteran is hospitalized, in a VA health care facility, may be if the veteran is admitted to a VA made available only if not barred by health care facility while undergoing law and if the Director of the VA an outpatient episode of care for which health care facility determines that temporary lodging was already pro- such action would not have a negative vided.

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(c) As extended by the appropriate 61.18 Capital grants for vans. VA clinician or social worker based on 61.19 Transfer of capital grants. an emergency situation or unforeseen circumstances. Subpart C—Per Diem Payments (d) For an indefinite period for ac- 61.30 Per diem—general. companying individuals who are vis- 61.31 Per diem—application packages. iting veterans hospitalized for an in- 61.32 Per diem application packages—rating definite period, provided that the ac- criteria. companying individual is not using a 61.33 Payment of per diem. VA health care facility bed. Whether a veteran is hospitalized for an indefinite Subpart D—Special Need Grants period will be based upon the treatment or rehabilitation needs of the vet- 61.40 Special need grants—general. 61.41 Special need grants—application pack- eran as determined by the veteran’s ages and threshold requirements. health care team. 61.44 Awarding special need grants and pay- (e) Temporary lodging may be fur- ment of special need per diem. nished the night before the day of a scheduled appointment if, the veteran Subpart E—Technical Assistance Grants leaving home after 8:00 a.m., would be unable to arrive at the VA health care 61.50 Technical assistance grants—general. facility by the time of the scheduled 61.51 Technical assistance grants—applica- appointment. tion packages. 61.52 Technical assistance grant application (f) Temporary lodging may be fur- packages—threshold requirements. nished the night of the scheduled ap- 61.53 Technical assistance grant application pointment if, after the appointment, packages—rating criteria. the veteran would be unable to return 61.54 Awarding technical assistance grants. home before 7:00 p.m. When a veteran is 61.55 Technical assistance reports. undergoing outpatient treatment or procedures the veteran and accom- Subpart F—Awards, Monitoring, and panying individual(s) may be furnished Enforcement of Agreements temporary lodging for the duration of the episode of care subject to limita- 61.61 Agreement and funding actions. 61.62 Program changes. tions described in this section. 61.63 Procedural error. (Authority: 38 U.S.C. 501, 1708) 61.64 Religious organizations. 61.65 Inspections. PART 61—VA HOMELESS PRO- 61.66 Financial management. 61.67 Recovery provisions. VIDERS GRANT AND PER DIEM 61.80 General operation requirements for PROGRAM supportive housing and service centers. 61.81 Outreach activities. Subpart A—General Provisions 61.82 Participant fees for supportive housing. Sec. 61.0 Purpose. Subpart G—Case Management Services 61.1 Definitions. 61.2 Supportive services—general. Grant Program 61.3 Notice of Fund Availability. 61.90 Grant for case management services— 61.4 Definition of capital lease. program. 61.92 Grant for case management services— Subpart B—Capital Grants application and rating criteria. 61.10 Capital grants—general. 61.94 Grant for case management services— 61.11 Capital grants—application packages. selection of grantees. 61.12 Capital grant application packages— 61.96 Grant for case management services— threshold requirements. awards. 61.13 Capital grant application packages— 61.98 Grant for case management services— rating criteria. requirements and oversight. 61.14 Capital grants—selection of grantees. AUTHORITY: 38 U.S.C. 501, 2001, 2002, 2011, 61.15 Capital grants—obtaining additional 2012, 2013, 2061, 2064. information and awarding capital grants. 61.16 Matching funds for capital grants. SOURCE: 78 FR 12604, Feb. 25, 2013, unless 61.17 Site control for capital grants. otherwise noted.

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