Maximum number of nursing home care and domiciliary care beds for veterans by State.

§ 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 beyond the maximum number designated for that State. The maximum number of State home nursing home and domiciliary beds designated for each State is (for maximum numbers see VA website at http://www.va.gov/About_VA/Orgs/VHA/VHAProg.htm). the number in the following chart for the State, minus the sum of the number of nursing home and domiciliary beds already 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 (the availability of VA and community nursing home beds in each State will also be considered at the time of grant application for bed-producing projects):

State State home nursing home and domiciliary beds Alabama 883 Alaska 79 Arizona 1,068 Arkansas 557 California 5,754 Colorado 717 Connecticut 738 Delaware 165 District of Columbia 104 Florida 4,471 Georgia 1,202 Hawaii 216 Idaho 233 Illinois 2,271 Indiana 1,209 Iowa 632 Kansas 542 Kentucky 759 Louisiana 785 Maine 301 Maryland 1,020 Massachusetts 1,348 Michigan 1,896 Minnesota 932 Mississippi 500 Missouri 1,230 Montana 198 Nebraska 355 Nevada 428 New Hampshire 264 New Jersey 1,683 New Mexico 344 New York 3,220 North Carolina 1,454 North Dakota 121 Ohio 2,530 Oklahoma 747 Oregon 804 Pennsylvania 3,173 Puerto Rico 350 Rhode Island 254 South Carolina 750 South Dakota 155 Tennessee 1,050 Texas 3,226 Utah 304 Vermont 124 Virginia 1,312 Virgin Islands 8 Washington 1,215 West Virginia 455 Wisconsin 1,070 Wyoming 93 Note to paragraph (a):

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. This is required to be based on the projected demand for nursing home and domiciliary care on November 30, 2009 (10 years after the date of enactment of the Veterans Millennium Health Care and Benefits Act (Pub. L. 106-117)), 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)