[Federal Register Volume 78, Number 162 (Wednesday, August 21, 2013)]
[Rules and Regulations]
[Pages 51673-51675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20357]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 51, 52, and 58

RIN 2900-AO69


Technical Changes To Remove Forms

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is making technical 
changes to remove from its regulations a series of forms related to VA 
payments for care provided to veterans at State homes. Official forms 
are not required to be reproduced in the Code of Federal Regulations 
(CFR), and all VA forms are more readily available on VA Web sites. 
Removing these forms from the CFR is an administrative action and will 
not impact the ability of the public to comment on any amendments to 
the information collections contained in these forms.

DATES: Effective Date: This final rule is effective August 21, 2013.

FOR FURTHER INFORMATION CONTACT: Jo Anne Parker, Geriatrics and 
Extended Care Service (10NC4), Veterans Health Administration, 810 
Vermont Avenue NW., Washington, DC 20420, (202) 461-1785. (This is not 
a toll-free number.)

SUPPLEMENTARY INFORMATION: On January 6, 2000, VA added 38 CFR part 58 
to the Code of Federal Regulations (CFR) for the express purpose of 
making it easier to find the forms required by 38 CFR part 51, Per Diem 
for Nursing Home Care of Veterans in State Homes. 65 FR 962, Jan. 6, 
2000. Since that time, VA, State home program participants and 
administrators, and the general public have increasingly come to rely 
on VA's Publications Web site (http://www.va.gov/vaforms) as the 
primary resource for VA forms. Most of the forms in part 58 are used by 
the State homes in order to comply with VA regulations in 38 CFR parts 
51 and 52. All of these State homes have Internet access, and the forms 
are also available at all VA medical centers.
    In addition, several forms currently found in part 58 have been 
superseded, and the current forms are readily available for printing, 
downloading, or online submission on the VA Publications Web site. 
Updated versions are available on the Web site immediately--whereas the 
CFR is updated only once per year. Removing the forms from the CFR will 
ensure that the CFR does not reference and depict outdated forms. We 
are, therefore,

[[Page 51674]]

removing 38 CFR part 58 and marking it as reserved for future use.
    The cross references to part 58 in parts 51 and 52 will become 
obsolete with this rulemaking, and we are, therefore, amending parts 51 
and 52 to remove the cross-references to part 58.

Administrative Procedure Act

    In accordance with 5 U.S.C. 553(b)(A), the Secretary of Veterans 
Affairs finds that notice and public comment is not required for this 
rulemaking as it relates to agency procedure or practice. The forms 
being removed from the regulation are more readily available on the VA 
Publications Web site (http://www.va.gov/vaforms). Additionally, the 
Secretary finds good cause pursuant to 5 U.S.C. 553(d)(3) to dispense 
with the delayed effective date requirement. The Secretary finds that a 
delayed effective date is unnecessary because this rulemaking involves 
agency procedure or practice and because the public will continue to 
have access to the most updated version of the forms on the VA 
Publications Web site.

Paperwork Reduction Act

    Although this action contains provisions constituting collections 
of information, at 38 CFR part 51, part 52, and part 58, under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521), no new or 
proposed revised collections of information are associated with this 
final rule. The information collection requirements for part 51, part 
52, and part 58 are currently approved by the Office of Management and 
Budget (OMB) and have been assigned OMB control numbers 2900-0091 and 
2900-0160.

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 is small business neutral as it removes forms that 
are outdated and more readily available elsewhere. The forms will 
continue to be required for part 51, Per Diem for Nursing Home Care of 
Veterans in State Homes, and for part 52, Per Diem for Adult Day Health 
Care of Veterans in State Homes, but removing them from the CFR will 
ensure that small businesses access the required forms from a common 
location and thereby minimize the likelihood of relying upon an 
outdated form. Ensuring reporting is accomplished on the current, 
correct forms will be cost-neutral or will save money by avoiding 
potential duplication of effort. On this basis, the Secretary certifies 
that the adoption of 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. Therefore, 
under 5 U.S.C. 605(b), this rulemaking is exempt from the initial and 
final regulatory flexibility analysis requirements of sections 603 and 
604.

Executive Orders 12866 and 13563

    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 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 regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. 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://www1.va.gov/orpm/, by following the link for ``VA 
Regulations Published.''

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 the 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 numbers and titles for 
the programs affected by this final rule are 64.014, Veterans State 
Domiciliary Care, and 64.015, Veterans State Nursing Home Care.

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. Jose D. 
Riojas, Chief of Staff, Department of Veterans Affairs, approved this 
document on July 29, 2013, for publication.

List of Subjects

38 CFR Part 51

    Administrative practice and procedure, Claims, Day care, Dental 
health, Government contracts, Grant programs-health, Grant programs-
veterans, Health care, Health facilities, Health professions, Health 
records, Mental health programs, Nursing homes, Reporting and 
recordkeeping requirements, Travel and transportation expenses, 
Veterans.

38 CFR Part 52

    Administrative practice and procedure, Claims, Day care, Dental 
health, Government contracts, Grant programs-health, Grant programs-
veterans, Health care, Health facilities, Health professions, Health 
records, Mental health programs, Nursing homes, Reporting and 
recordkeeping requirements, Travel and transportation expenses, 
Veterans.

38 CFR Part 58

    Administrative practice and procedure, Claims, Day care, Government 
contracts, Health facilities, Nursing homes, Reporting and 
recordkeeping requirements, Veterans.


[[Page 51675]]


    Dated: August 16, 2013.
Robert C. McFetridge,
Director, Regulation Policy and Management, Office of the General 
Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, under the authority of 38 
U.S.C. 501, the Department of Veterans Affairs amends 38 CFR parts 51, 
52, and 58 as follows:

PART 51--PER DIEM FOR NURSING HOME CARE OF VETERANS IN STATE HOMES

0
1. The authority citation for part 51 continues to read as follows:

    Authority:  38 U.S.C. 101, 501, 1710, 1720, 1741-1743; and as 
stated in specific sections.


Sec.  51.30  [Amended]

0
2. Amend Sec.  51.30(c) by removing ``set forth at Sec.  58.10 of this 
chapter'' and adding, in its place, ``which is available at any VA 
medical center and at http://www.va.gov/vaforms.''

0
3. Amend Sec.  51.43 by:
0
a. In paragraph (a), removing the second and third sentences and adding 
in their place a new sentence.
0
b. In paragraph (b), removing ``Claimed. This form is set forth in full 
at Sec.  58.11 of this chapter.'' and adding, in its place ``Claimed, 
which is available at any VA medical center and at http://www.va.gov/vaforms.''
0
c. In paragraph (f), removing ``veteran. This form is set forth in full 
at Sec.  58.18 of this chapter.'' and adding, in its place ``veteran, 
which is available at any VA medical center and at http://www.va.gov/vaforms.''
    The addition reads as follows:


Sec.  51.43  Per diem and drugs and medicines--principles.

    (a) * * * These VA Forms, which are available at any VA medical 
center and at http://www.va.gov/vaforms, must be submitted at the time 
of admission, with any request for a change in the level of care 
(domiciliary, hospital care or adult day health care), and any time the 
contact information has changed. * * *
* * * * *


Sec.  51.210  [Amended]

0
4. Amend Sec.  51.210 by:
0
a. In paragraph (c)(8), removing ``set forth at Sec.  58.14 of this 
chapter'' and adding, in its place ``, which is available at any VA 
medical center and at http://www.va.gov/vaforms''.
0
b. In paragraph (c)(9), removing ``set forth at Sec.  58.15 of this 
chapter'' and adding, in its place ``, which is available at any VA 
medical center and at http://www.va.gov/vaforms''.
0
c. In paragraph (c)(10), removing ``set forth at Sec.  58.16 of this 
chapter'' and adding, in its place ``, which is available at any VA 
medical center and at http://www.va.gov/vaforms''.
0
d. In paragraph (c)(11), removing ``located at Sec.  58.17 of this 
chapter'' and adding, in its place ``, which is available at any VA 
medical center and at http://www.va.gov/vaforms''.

PART 52--PER DIEM FOR ADULT DAY HEALTH CARE OF VETERANS IN STATE 
HOMES

0
5. The authority citation for part 52 continues to read as follows:

    Authority:  38 U.S.C. 101, 501, 1741-1743; unless otherwise 
noted.


Sec.  52.30  [Amended]

0
6. Amend Sec.  52.30(c) by removing ``set forth at 38 CFR 58.10.'' and 
adding, in its place ``which is available at any VA medical center and 
at http://www.va.gov/vaforms.''


Sec.  52.40  [Amended]

0
7. Amend Sec.  52.40 by:
0
a. In paragraph (a)(3), removing ``set forth in full at 38 CFR 58.11.'' 
and adding, in its place ``available at any VA medical center and at 
http://www.va.gov/vaforms.''
0
b. In paragraph (a)(5), removing ``set forth in full at 38 CFR 58.12 
and 58.13, respectively.'' and adding, in its place ``available at any 
VA medical center and at http://www.va.gov/vaforms.''


Sec.  52.10  [Amended]

0
8. Amend Sec.  52.210 by:
0
a. In paragraph (c)(8), removing ``set forth at 38 CFR 58.14'' and 
adding, in its place ``, which is available at any VA medical center 
and at http://www.va.gov/vaforms''.
0
b. In paragraph (c)(9), removing ``set forth at 38 CFR 58.15'' and 
adding, in its place ``, which is available at any VA medical center 
and at http://www.va.gov/vaforms''.
0
c. In paragraph (c)(10), removing ``set forth at 38 CFR 58.16'' and 
adding, in its place ``, which is available at any VA medical center 
and at http://www.va.gov/vaforms''.
0
d. In paragraph (c)(11), removing ``located at 38 CFR 58.17'' and 
adding, in its place ``, which is available at any VA medical center 
and at http://www.va.gov/vaforms''.

PART 58 [REMOVED AND RESERVED]

0
9. Remove and reserve part 58, consisting of Sec. Sec.  58.10 through 
58.18.
[FR Doc. 2013-20357 Filed 8-20-13; 8:45 am]
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