[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Rules and Regulations]
[Pages 54609-54617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21790]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 17 and 43
RIN 2900-AP04
Updating Certain Citations in VA Medical Regulations
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is making technical
amendments to its medical regulations by updating the statutory
authorities identified in certain sections where those statutes have
been renumbered or where the authority citation is inaccurate for other
technical, nonsubstantive reasons. VA is also amending outdated or
incorrect cross-references to other Code of Federal Regulation
sections.
DATES: This final rule is effective September 12, 2014.
FOR FURTHER INFORMATION CONTACT: Ethan Kalett, Director, Office of
Regulatory Affairs (10B4), Department of Veterans Affairs, 810 Vermont
Avenue NW., Washington, DC 20420; (202) 461-5657. (This is not a toll-
free number.)
SUPPLEMENTARY INFORMATION: To ensure the accuracy of VA's regulations,
VA is updating the cross-references and authority citations in 38 CFR
part 17.
[[Page 54610]]
Virtually every section in part 17 has been amended, often more than
once, since part 17's initial publication on November 27, 1948,
originally codified as part 25 in 38 CFR's first publication in 1938.
13 FR 7155. As regulations in part 17 were amended, other regulations
that cross-referenced the amended regulations were not always updated.
In addition, various statutes cited in our regulations have been
renumbered since the initial publication of part 17. Finally, we have
identified a few instances of erroneous references or citations to
statutes and to regulations in part 17. Therefore, VA is amending the
citations and authorities in its medical regulations to correct these
oversights. VA is not making any substantive edits to the content of
the sections amended by this rulemaking.
We are also amending the authority for part 43 of 38 CFR, as
discussed below.
Section 17.30 Definitions
Paragraph (a) of Sec. 17.30 defines medical services. Paragraph
(a)(1) of Sec. 17.30 cites 38 U.S.C. 1762 as the source of the
statutory definition for preventive health services. The text of
section 1762 was transferred to subsection (9) of 38 U.S.C. 1701 by the
Veterans Health Care Act of 1992, Sec. 513, Public Law 102-585, 106
Stat. 4943 (1992). We are, therefore, updating the citation for
preventive health services, in the definition of medical services under
Sec. 17.30(a)(1) to correctly cite section 1701(9).
Also, Sec. 17.30(a)(3) reads that the entitlement information for
transportation and incidental expenses is located at Sec. 17.143.
Section 17.143 was marked as reserved on June 30, 2008, and the content
was moved to Sec. 70.10. 73 FR 36798. We are amending Sec.
17.30(a)(3) to provide the correct reference to Sec. 70.10.
Paragraph (b) of Sec. 17.30 defines ``domiciliary care'' as ``the
furnishing of a home to a veteran, embracing the furnishing of shelter,
food, clothing and other comforts of home, including necessary medical
services. The term further includes travel and incidental expenses
pursuant to Sec. 17.143.'' Section 17.143 was marked as reserved on
June 30, 2008. 73 FR 36798. The content of Sec. 17.143 was moved to a
new 38 CFR part 70 as Sec. 70.10. We are replacing the reference to
Sec. 17.143 with the correct reference to Sec. 70.10.
Section 17.43 Persons Entitled to Hospital or Domiciliary Care
Paragraph (c) of Sec. 17.43 was originally added as paragraph (d)
of Sec. 17.46 on May 4, 1967. 32 FR 6841. The paragraph stated that
hospital care may be provided ``pursuant to a sharing agreement entered
into under Sec. 17.210.'' Section 17.210, Sharing specialized medical
resources, was established in the same regulatory action. On May 13,
1996, VA redesignated Sec. 17.46 as Sec. 17.43, and Sec. 17.210 as
Sec. 17.240. 61 FR 21964. However, VA did not update Sec. 17.43(c) to
reflect the new citation for Sec. 17.240. We are replacing the
reference to Sec. 17.210 in Sec. 17.43 with the correct CFR
reference, Sec. 17.240.
Paragraph (d) of Sec. 17.43 cross-references Sec. 17.101 as the
regulation containing information regarding charges for authorized
services. However, on April 27, 1999, VA renumbered Sec. 17.101 as
Sec. 17.102. 64 FR 22676. We are amending Sec. 17.43(d) to correctly
cross-reference Sec. 17.102.
Section 17.45 Hospital Care for Research Purposes
Section 17.45 reads that ``[s]ubject to the provisions of Sec.
17.62(g), any person who is a bona fide volunteer may be admitted to a
Department of Veterans Affairs hospital when the treatment to be
rendered is part of an approved Department of Veterans Affairs research
project and there are insufficient veteran-patients suitable for the
project.'' Section 17.62(g) of 38 CFR was renumbered as Sec. 17.101(g)
on May 13, 1996. 61 FR 21964. Section Sec. 17.101(g) was then
renumbered as Sec. 17.102(g) on April 27, 1999. 64 FR 22676. VA did
not update Sec. 17.45 to reflect these changes. We are, therefore,
updating Sec. 17.45 to correctly cite Sec. 17.102(g). We are also
eliminating the words ``the provisions of'' from the phrase ``[s]ubject
to the provisions of Sec. 17.102(g)'' because these words do not add
meaning to the sentence.
Section 17.47 Considerations Applicable in Determining Eligibility for
Hospital, Nursing Home or Domiciliary Care
Paragraph (b)(1) of Sec. 17.47 references Sec. 3.800 for cases
involving disability or death due to hospitalization under 38 U.S.C.
1151. At the time that Sec. 17.47 was written, Sec. 3.800 was the
correct reference for cases involving disability or death due to
hospitalization under 38 U.S.C. 1151. Section 3.800 applies to claims
received before October 1, 1997. However, section 422(a) of Public Law
104-204 created the authority for claims received by VA on or after
October 1, 1997, which VA codified as Sec. 3.362. 63 FR 45004, Aug.
24, 1998; Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1997, Sec.
422(a), Public Law 104-204, 110 Stat. 2926-2927 (1996). We are amending
Sec. 17.47(b)(1) to correctly reflect the cross-reference of Sec.
3.362 and Sec. 3.362(b), as appropriate.
Section 17.47(d)(3) incorrectly cites 38 U.S.C. 1111(a) as the
authority for the maximum rates of pension. When Sec. 17.48(d)(3), the
precursor to Sec. 17.47(d)(3), was promulgated, we inadvertently
referenced 38 U.S.C. 311(a), the precursor of 38 U.S.C. 1111(a), as the
authority for the maximum rates of pension. 51 FR 25065. When section
311 was renumbered as section 1111, we revised Sec. 17.47(d)(3) to
reflect the change. 57 FR 31015. However, the original citation should
have been to 38 U.S.C. 3112, not 311(a). Section 3112 has since been
renumbered as 38 U.S.C. 5312. Department of Veterans Affairs Health-
Care Personnel Act of 1991, Sec. 402, Public Law 102-40, 105 Stat. 187
(1991). We are updating Sec. 17.47(d)(3) to reflect the correct cross-
reference of 38 U.S.C. 5312(a).
Prior to the enactment of the Veterans' Health Care Eligibility
Reform Act of 1996 (Act of 1996), Sec. 101, Public Law 104-262, 110
Stat. 3177, 38 U.S.C. 1712 served as the statutory authority for VA to
provide outpatient and ambulatory care. This authority was moved by the
Act of 1996 from 38 U.S.C. 1712 to 38 U.S.C. 1710. Section 1712
currently addresses dental care, drugs and medicines for certain
disabled veterans, and vaccines. Section 1710 addresses eligibility for
hospital, nursing home and domiciliary care.
Paragraph (f) of Sec. 17.47 cites 38 U.S.C. 1710(a)(2) as the
authority for nursing home care and section 1712(a)(4) as the authority
for outpatient care. The language of section 1710(a)(2) was revised and
redesignated as 1710(a)(3) by the Act of 1996, and 38 U.S.C. 1712(a)(4)
refers to a contract dental care reporting requirement. Therefore, we
are amending paragraph (f) to correctly reference 38 U.S.C. 1710(a)(3)
instead of 38 U.S.C. 1710(a)(2) and 1712(a)(4) and to eliminate the
reference to 38 U.S.C. 1712(a)(4).
Paragraphs (g)(1) and (2) of Sec. 17.47 cite paragraphs (e), (f),
(h), (i), (j), and (k) of Sec. 17.60 as the provisions that govern
outpatient medical services. Section 17.60 was amended on May 15, 1990.
55 FR 20150. As amended, Sec. 17.60 did not include paragraphs (h),
(i), (j), or (k) and new paragraphs (e) and (f) did not contain the
same information as the previous paragraphs (e) and (f). On May 13,
1996, Sec. 17.60 was renumbered as Sec. 17.93. 61 FR 21965. We are
correcting Sec. Sec. 17.47(g)(1) and (g)(2) to cross-reference Sec.
17.93.
[[Page 54611]]
Section 17.48 Compensated Work Therapy/Transitional Residences Program
The authority citation at the end of Sec. 17.48 is 38 U.S.C. 1772.
However, section 5(a) of Public Law 107-95 renumbered 38 U.S.C. 1772 as
38 U.S.C. 2032. Homeless Veterans Comprehensive Assistance Act of 2001,
Sec. 5(a), Public Law 107-95, 115 Stat. 903 (2001). We are updating the
authority citation in Sec. 17.48 to reflect this change.
Section 17.50 Use of Department of Defense, Public Health Service or
Other Federal Hospitals With Beds Allocated to the Department of
Veterans Affairs
Current Sec. 17.50 cross-references Sec. Sec. 17.46b, 17.47,
17.47(b)(2), and 17.47(c)(2). On July 10, 1986, VA amended Sec.
17.47(c) by redesignating paragraph (c)(3) as (e)(1) and paragraphs
(c)(1) and (2) became new paragraph (c). 51 FR 25064. On May 13, 1996,
VA redesignated Sec. 17.46b as Sec. 17.44. 61 FR 21965. VA also
removed paragraphs (a), (c), and (d) from Sec. 17.47, and paragraphs
(b) and (e) of Sec. 17.47 became paragraphs (a) and (b) of Sec.
17.46. VA amended Sec. 17.50 to correctly cross-reference Sec. 17.44
but did not update the cross-references to Sec. 17.46 or Sec. 17.47.
We are correcting this oversight by amending the third sentence of
Sec. 17.50 to read, ``Care in a Federal facility not operated by VA,
however, shall not be authorized for any military retiree whose sole
basis for eligibility is under Sec. 17.44, or, except in Alaska and
Hawaii, for any retiree of the uniformed services suffering from a
chronic disability whose entitlement is under Sec. 17.44 or Sec.
17.46(a)(2) regardless of whether he or she may have dual eligibility
under other provisions of Sec. 17.46.'' We also amend Sec. 17.50 to
use VA instead of Department of Veterans Affairs, which is the modern
trend in our regulations.
Section 17.52 Hospital Care and Medical Services in Non-VA Facilities
Paragraph (a)(1)(v) of Sec. 17.52 reads that non-VA care will be
authorized ``[f]or any disability of a veteran participating in a
rehabilitation program under 38 U.S.C. ch. 31 and when there is a need
for hospital care or medical services for any of the reasons enumerated
in Sec. 17.48(j).'' Section 17.48 was redesignated as Sec. 17.47 on
May 13, 1996. 61 FR 21966. Paragraph (j) of Sec. 17.47 was
redesignated as Sec. 17.47(i) on October 6, 1999. 64 FR 54218.
However, Sec. 17.52 has not been amended to reflect these changes. We
are removing the reference to Sec. 17.48(j) and replacing it with
Sec. 17.47(i).
Also, Sec. 17.52(b)(2) references Sec. 17.48(e), but we have
eliminated paragraphs (e)(1) through (5) of Sec. 17.48. See 61 FR
21966. The information contained in former Sec. 17.48(e)(1) through
(5) is found in 38 U.S.C. 1710. For this reason, we are removing the
reference to Sec. 17.48(e) and citing to 38 U.S.C. 1710 instead.
Section 17.57 Use of Community Nursing Homes
Paragraph (b) of Sec. 17.57 reads, ``To the extent that resources
are available and are not otherwise required to assure that VA can
furnish needed care and treatment to veterans described in 38 U.S.C.
1710(a)(1), the Under Secretary for Health may furnish care under this
paragraph to any veteran described in 38 U.S.C. 1710(a)(2) if the
veteran agrees to pay the United States an amount as determined in 38
U.S.C. 1710(f).'' Among other things, the Act of 1996 amended 38 U.S.C.
1710 by revising the language of subsection (a)(1) and redesignating it
as (a)(1) and (2). The Act of 1996 also revised subsection (a)(2) and
redesignated it as subsection (a)(3). Accordingly, we are amending
paragraph (b) of Sec. 17.57 by replacing 38 U.S.C. 1710(a)(1) with 38
U.S.C. 1710(a)(1) and (2), and by replacing 38 U.S.C. 1710(a)(2) with
38 U.S.C. 1710(a)(3).
Section 17.90 Medical Care for Veterans Receiving Vocational Training
Under 38 U.S.C. Chapter 15
Paragraph (a) of Sec. 17.90 cross-references Sec. 17.47(j) for
the definition of ``participating in a rehabilitation program under 38
U.S.C. chapter 31.'' On October 6, 1999, VA redesignated paragraph (j)
of Sec. 17.47 as paragraph (i). 64 FR 54218. However, Sec. 17.90(a)
was not updated to reflect this amendment. We are amending Sec.
17.90(a) to correctly cross-reference Sec. 17.47(i).
Section 17.93 Eligibility for Outpatient Services
The authority citation after Sec. 17.93(a) is 38 U.S.C. 1712.
However, as previously stated in this rulemaking, the statute that
covers outpatient services is now 1710. We are adding 1710 to the
authority citation after Sec. 17.93(a).
Current paragraph (b) of Sec. 17.93 defines the term ``shall
furnish'' as used in this section and 38 U.S.C. 1712(a)(1) and (2).
Because Sec. 17.93 regulates eligibility for outpatient services,
sections 1712(a)(1) and (2) are no longer the correct authority for
this discussion. We are amending paragraph (b) by replacing 38 U.S.C.
1712(a)(1) and (2) with the correct reference, which is 38 U.S.C.
1710(a)(1) and (2).
Paragraph (c)(1) of Sec. 17.93 cross-references Sec. 17.47(j) for
the definition of ``participating in a rehabilitation program under 38
U.S.C. chapter 31.'' On October 6, 1999, VA redesignated paragraph (j)
of Sec. 17.47 as paragraph (i). 64 FR 54218. However, Sec.
17.93(c)(1) was not updated to reflect this amendment. We are amending
Sec. 17.93(c)(1) to correctly cross-reference Sec. 17.47(i).
The authority citation at the end of current Sec. 17.93 is 38
U.S.C. 1717. Section 17.60, the precursor to Sec. 17.93, was published
on May, 15, 1990, and it included a paragraph (f), which addressed home
health services and for which the authority was section 617, the
precursor to section 1717. 55 FR 20151. However, paragraph (f) was
deleted on May 13, 1996, making 38 U.S.C. 1717 an incorrect authority
for Sec. 17.93. 61 FR 21965. We are deleting section 1717 from the
authority citation of Sec. 17.93 and adding in its place 1710 and
1712.
Section 17.95 Outpatient Medical Services for Department of Veterans
Affairs Employees and Others in Emergencies
Current Sec. 17.95 cross-references Sec. 17.101 for charges for
care or services in emergencies. As previously stated in this
rulemaking, Sec. 17.101 was renumbered to Sec. 17.102 on April 27,
1997. 64 FR 22676. Therefore, we are amending Sec. 17.95 to correctly
cross-reference Sec. 17.102.
Section 17.95 cites 38 U.S.C. 1711 as the authority for outpatient
medical services for VA employees and others in emergencies. Section
1711 is the precursor to section 611, which was added as the authority
on December 30, 1982, when VA published a new paragraph (b) to Sec.
17.60b, the precursor to Sec. 17.95. 47 FR 58249. However, on May 13,
1996, VA redesignated Sec. 17.60b as new Sec. 17.95 and removed the
paragraph (b) that was added on December 30, 1982. 61 FR 21965. Because
paragraph (b) was removed, 38 U.S.C. 1711 is no longer a correct
authority citation for Sec. 17.95. We are amending the authority
citation in Sec. 17.95 to cite the correct authority, 38 U.S.C. 1784.
Section 17.96 Medication Prescribed by Non-VA Physicians
The authority for Sec. 17.96 is currently 38 U.S.C. 1706, 1710,
17.12(d). However, 17.12(d) is not a section within 38 U.S.C. We are
amending the authority for Sec. 17.96 to correctly read, 38 U.S.C.
1706, 1710, 1712(d).
Section 17.98 Mental Health Services
Paragraph (a) of Sec. 17.98 reads that ``[f]ollowing the death of
a veteran,
[[Page 54612]]
bereavement counseling involving services defined in 38 U.S.C.
1701(6)(B), may be furnished to persons who were receiving mental
health services in connection with treatment of the veteran under 38
U.S.C. 1710, 1712, 1712A, 1713, or 1717, or 38 CFR 17.84''. Section
1701(6)(B) of the United States Code was renumbered as section 1783.
Department of Veterans Affairs Health Care Programs Enhancement Act of
2001, Sec. 208, Public Law 107-135, 115 Stat. 2461 (2002). We are
amending Sec. 17.98(a) by replacing 1701(6)(B) with 1783. For this
same reason, we are removing 1701(6)(B) as the authority citation for
the section and adding 1783 in its place.
The Act of 1996 removed from 38 U.S.C. 1712 the provisions that
govern outpatient care. Therefore, it is no longer accurate to state
that treatment under section 1712 is covered for purposes of Sec.
17.98. We are removing section 1712 from paragraph (a) of Sec. 17.98,
leaving the correct reference to section 1710. Also, 38 U.S.C. 1713 was
renumbered as section 1781. Department of Veterans Affairs Health Care
Programs Enhancement Act of 2001, Sec. 208(c), Public Law 107-135, 115
Stat. 2461 (2002). We are amending Sec. 17.98(a) by replacing section
1713 with section 1781. Section 17.84 was marked as reserved on
September 9, 1998. 63 FR 48102. Because it contains no substantive
content, we are removing the reference to Sec. 17.84 from Sec. 17.98.
Section 17.106 VA Collection Rules; Third-Party Payers
Paragraph (c)(3) of Sec. 17.106 reads, ``The remedies authorized
for collection of indebtedness due the United States under 31 U.S.C.
3701, et seq., 4 CFR parts 101 through 104, 28 CFR part 11, 31 CFR part
900, and 38 CFR part 1, are available to effect collections under this
section.'' On November 22, 2000, 4 CFR parts 101 through 104 were
removed. 65 FR 70405. We are amending Sec. 17.106(c)(3) by removing
the cross-reference to ``4 CFR parts 101 through 104.'' We are also
amending the cross-reference to 31 CFR part 900 to more accurately
reflect the pertinent parts within 31 CFR, which are parts 900 through
904.
Section 17.107 VA Response to Disruptive Behavior of Patients
Section 17.107 of 38 CFR contains a Note at the end of the section
that reads, ``Note to Sec. 17.106''. On June 24, 2011, 76 FR 37204, VA
renumbered Sec. 17.106 as Sec. 17.107, but the Note was not amended
to reflect this change. We are amending the Note at the end of Sec.
17.107 to reflect the correct section number.
Section 17.142 Authority To Approve Sharing Agreements, Contracts for
Scarce Medical Specialist Services and Contracts for Other Medical
Services
Paragraph (a) of Sec. 17.142 authorizes the Under Secretary for
Health to enter into ``[s]haring agreements authorized under the
provisions of 38 U.S.C. 8153 and Sec. 17.210 and which may be
negotiated pursuant to the provisions of 41 CFR 8-3.204(c)''. Section
17.210 was renumbered as Sec. 17.240 on May 13, 1996. 61 FR 21966.
Also, title 41 CFR was reorganized in 1983, eliminating paragraph 8-
3.204(c). Title 41 was subsequently amended and Sec. 8-3.204 was
removed. We believe that it is sufficient to cite 38 U.S.C. 8153 as the
authority for VA contracts. We are amending Sec. 17.142(a) to read,
``Sharing agreements authorized under 38 U.S.C. 8153 and Sec.
17.240''.
Paragraph (c) of Sec. 17.142 reads, ``Such approval, however, will
not be necessary in the case of any purchase order or individual
authorization for which authority has been delegated in Sec. 17.99.
All such contracts and agreements will be negotiated pursuant to 41 CFR
chapters 1 and 8.'' The approval referred to in this paragraph is VA's
approval of contracts authorized under 38 U.S.C. 513, which allows VA
to enter into contracts or agreements with private or public agencies
or persons. Although this paragraph (c) states that section 513 is the
authority for medical and ancillary services, VA has determined that
section 513 may not be used to procure services constituting day-to-day
medical care operations. VA's authority for such services is now 38
U.S.C. 8153. We are amending paragraph (c) to cite to 38 U.S.C. 8153.
Section 104 of Public Law 104-262 allowed for some categories of
veterans to be eligible for VA hospital and outpatient care even if not
enrolled in the VA healthcare system. Veterans' Health Care Eligibility
Reform Act of 1996, Sec. 104, Public Law 104-262, 110 Stat. 3177
(1996). Section 17.37 was promulgated in response to the enactment of
the public law, and Sec. 17.99 was removed because it became
redundant. 64 FR 54218. However, Sec. 17.37 does not authorize VA to
enter into contracts with non-VA facilities. The delegation of
authority for purchase orders or individual contracts is found in 48
CFR 801.670-3. Therefore, we are amending Sec. 17.142(c) to correctly
cite to 48 CFR 801.670-3. Also, because chapters 1 and 8 of 41 CFR no
longer exist, we are amending the last sentence of Sec. 17.142(c) to
reflect the current contracting procedures for health-care resources,
which are 48 CFR chapters 1 and 8. We are also removing 38 U.S.C. 513
as the authority for Sec. 17.142 because VA's authority for contract
medical and ancillary services is now 38 U.S.C. 8153, which is already
cited as an authority to this section.
Section 17.150 Prosthetic and Similar Appliances
Paragraph (a) of Sec. 17.150 references 38 U.S.C. 1712 as the
authority for providing appliances or repairs as part of outpatient
care. As previously stated in this rulemaking, the correct statutory
authority for outpatient care is section 1710. We are removing the
reference to section 1712 from paragraph (a) and replacing it with a
reference to section 1710.
Paragraph (b)(4) of Sec. 17.150 cross-references Sec. 17.48(f)
for the authorization of the treatment of nonservice-connected
disabilities. Section 17.48(f) was renumbered several times as follows:
As Sec. 17.48(i) on July 10, 1986, 51 FR 25061; as Sec. 17.47(i) on
May 13, 1996, 61 FR 21966; and, finally, as Sec. 17.47(h) on October
6, 1999, 64 FR 54218. We are amending Sec. 17.150(b)(4) to correctly
cross-reference Sec. 17.47(h).
Section 17.152 Devices To Assist in Overcoming the Handicap of Deafness
The authority citation for Sec. 17.152 is 38 U.S.C. 3902. Section
3902 is the authority for assistance for providing automobiles and
adaptive equipment for automobiles. The correct authority citation for
Sec. 17.152 is 38 U.S.C. 1717(c), Home health services; invalid lifts
and other devices. We are amending Sec. 17.152 to correct the
authority citation to 38 U.S.C. 1717(c).
Section 17.160 Authorization of Dental Examinations
Paragraph (h) of Sec. 17.160 reads, ``Persons defined in Sec.
17.60(d).'' On May 13, 1996, Sec. 17.60 was renumbered as Sec. 17.93.
61 FR 21965. We are amending Sec. 17.160(h) to correctly cross-
reference Sec. 17.93.
Section 17.161 Authorization of Outpatient Dental Treatment
The authority citation after paragraph (e) of Sec. 17.161 cites 38
U.S.C. 1712(b)(1)(F). On October 9, 1996, 38 U.S.C. 1712(b)(1)(F) was
redesignated as 1712(a)(1)(F). Veterans' Health Care Eligibility Reform
Act of 1996, Sec. 101(c)(1), Public Law 104-262, 110 Stat. 3177 (1996).
We are amending the authority citation after Sec. 17.161(e) to
correctly read, 38 U.S.C. 1712(a)(1)(F).
[[Page 54613]]
Section 17.163 Posthospital Outpatient Dental Treatment
The authority citation for Sec. 17.163 is 38 U.S.C. 1712(b)(5). On
January 31, 1980, the authority citation for Sec. 17.123b, the
precursor to Sec. 17.163, was 38 U.S.C. 612(b)(5). 45 FR 6939.
However, section 103(a) of Public Law 97-72 amended 38 U.S.C. 612 by
redesignating section 612(b)(5) as 612(b)(1)(E), which later became 38
U.S.C. 1712(b)(1)(E), on August 6, 1991. Veterans' Health Care,
Training, and Small Business Loan Act of 1981, Sec. 103(a), Public Law
97-72, 95 Stat. 1047; Department of Veterans Affairs Codification Act,
Sec. 5, Public Law 102-83, 105 Stat. 378 (1991). Also, on October 9,
1996, 38 U.S.C. 1712(b)(1)(E) was redesignated as 1712(a)(1)(E).
Veterans' Health Care Eligibility Reform Act of 1996, Sec. 101(c)(1),
Public Law 104-262, 110 Stat. 3177 (1996). Although the authority
citation was amended to 38 U.S.C. 1712, the correct citation is
1712(a)(1)(E) and not 1712(b)(5). Accordingly, we are amending the
authority citation of Sec. 17.163 to correctly refer to 38 U.S.C.
1712(a)(1)(E).
Section 17.180 Delegation of Authority
Paragraph (b) of Sec. 17.180 cross-references 38 U.S.C. chapter 75
for the statutes that address the Veterans Canteen Service. On May 7,
1991, section 402(a) of Public Law 102-40 redesignated chapter 75 of 38
U.S.C. as chapter 78. Department of Veterans Affairs Health-Care
Personnel Act of 1991, Sec. 402(a), Public Law 102-40, 105 Stat. 187
(1991). We are amending Sec. 17.180(b) to correctly cite 38 U.S.C.
chapter 78.
Section 17.197 Amount of Aid Payable
Current Sec. 17.197 cross-references 38 U.S.C. 1741(a)(1) as the
authority for the per diem rates for domiciliary care, and 38 U.S.C.
1741(a)(3) as the authority for the per diem rates for hospital care.
On May 20, 1988, section 134 of Public Law 100-322 amended subsection
(a) of 38 U.S.C. 641, the precursor of 38 U.S.C. 1741, by removing
paragraphs (1) through (3) and adding new paragraphs (1) and (2).
Veterans Benefits and Services Act of 1988, Sec. 134, Public 100-322,
102 Stat. 487 (1988). Also, on October 9, 1996, section 342 of Public
Law 104-262 redesignated subsections (a)(1) and (2) of 1741 as
subsections (a)(1)(A) and (B). Veterans' Health Care Eligibility Reform
Act of 1996, Sec. 342, Public Law 104-262, 110 Stat. 3177 (1996). We
are amending Sec. 17.197 to state the correct authority for the per
diem rates for domiciliary care as 38 U.S.C. 1741(a)(1)(A), and the
authority for the per diem rates for hospital care as 38 U.S.C.
1741(a)(1)(B).
Section 17.230 Contingency Backup to the Department of Defense
The second sentence of Sec. 17.230(b) cites 38 U.S.C. 1712(f) and
(g) as the authority for veterans receiving outpatient care. However,
38 U.S.C. 1712(g) was repealed by section 101(e)(2)(B) of Public Law
100-322. Veterans Benefits and Services Act of 1998, Sec. 101(e)(2)(B),
Public Law 100-322, 102 Stat. 487 (1988). Also, section 1712(f) was
transferred to 38 U.S.C. 1710(g) by section 101 of Public Law 104-262.
Veterans' Health Care Eligibility Reform Act of 1996, Sec. 101, Public
Law 104-262, 110 Stat. 3177 (1996). We are, therefore, amending
paragraph (b) of Sec. 17.230 by removing 38 U.S.C. 1712(g) and
replacing 38 U.S.C. 1712(f) with 38 U.S.C. 1710(g).
Section 17.240 Sharing Healthcare Resources
On October 9, 1996, section 301(c)(1)(A) of Public Law 104-262
amended 38 U.S.C. 8153 by substituting ``health-care resources'' for
``certain specialized medical resources;'' ``other health-care
resources'' for ``other medical resources;'' and ``of health-care
resources between Department health-care facilities and any health-care
provider, or other entity or individual'' for a listing of the
different health care facilities. Veterans' Health Care Eligibility
Reform Act of 1996, Sec. 301(c)(1)(A), Public Law 104-262, 110 Stat.
3177 (1996). However, VA did not update Sec. 17.240 to conform with
the amendments to the public law. We are now amending the title in
Sec. 17.240 from ``Sharing specialized medical resources'' to
``Sharing health-care resources.'' We are also removing the term
``specialized medical'' where it appears in Sec. 17.240 and adding, in
its place, ``health-care.'' Lastly, we are removing ``with other
hospitals, including State or local, public or private hospitals or
other medical installations having hospital facilities or organ banks,
blood banks, or similar institutions, or medical schools or clinics in
a medical community'' from the introductory paragraph in Sec. 17.240
and adding, in its place ``between Department health-care facilities
and any health-care provider, or other entity or individual.''
Section 17.255 Applications for Grants for Programs Which Include
Construction Projects
Paragraph (c) of Sec. 17.255 cross-references 40 U.S.C. 276a
through 276a-5, The Davis-Bacon Act, as the statute that deals with
local wage rates for laborers and mechanics engaged in construction
activities. The Davis-Bacon Act, which was originally codified as 40
U.S.C. 276a to 276a-5, was repealed and reenacted as sections 3141-
3144, 3146, and 3147, codifying Title 40, United States Code-Public
Buildings, Property, and Works, Sec. 1, 6(b), Public Law 107-217, 116
Stat. 1062 (2002). We are amending Sec. 17.255 to cross-reference 40
U.S.C. 3141-3144, 3146, and 3147. We are also eliminating the reference
to the term ``the Davis-Bacon Act'' at the end of paragraph (c).
Section 17.277 Third-Party Liability/Medical Care Cost Recovery
The current authority citation for Sec. 17.277 includes 28 U.S.C.
2651. However, section 2651 is not a section under title 28 U.S.C. The
correct reference should be to section 2651 of title 42. We are
amending the authority citation for Sec. 17.277 to correctly cite 42
U.S.C. 2651.
Section 17.509 Authorized Disclosure: Non-Department of Veterans
Affairs Requests
The last sentence of paragraph (a) of Sec. 17.509 reads, ``The
procedures outlined in 38 CFR 1.500 through 1.584 will be followed
where applicable.'' On June 7, 1996, VA removed, and marked as
reserved, Sec. Sec. 1.558, 1.559, 1.578, 1.581, 1.583, and 1.584. 61
FR 29023. These sections were removed because they were duplicative of
language from the Freedom of Information Act, 5 U.S.C. 552, and the
Privacy Act, 5 U.S.C. 552a. We are amending Sec. 17.509 to correctly
cross-reference the procedures outlined in 38 U.S.C. 5701, 5 U.S.C. 552
and 552a, and 38 CFR 1.500 through 1.582.
Section 17.608 Deferment of Obligated Service
The authority citation for Sec. 17.608(a) is 38 U.S.C.
7616(a)(A)(i). However, section 7616 does not contain a subsection
(a)(A)(i). On July 7, 1989, VA cited section 4316(a)(A)(i) as the
authority for Sec. 17.608(a). 54 FR 28675. However, the citation
should have been 4316(b)(3)(A)(i). Veterans Benefits and Services Act
of 1988, Sec. 216, Public Law 100-322, 102 Stat. 487 (1988). That
section was later renumbered as 38 U.S.C. 7616. Department of Veterans
Affairs Health-Care Personnel Act of 1991, Sec. 402, Public Law 102-40,
105 Stat. 187 (1991). Therefore, we are correcting the authority
citation after paragraph (a) of Sec. 17.608 to correctly cite 38
U.S.C. 7616(b)(3)(A)(i).
[[Page 54614]]
Section 17.609 Pay During Period of Obligated Service
The first sentence of Sec. 17.609 cross-references 38 U.S.C.
7404(b)(1). Subsection (b)(1) of section 7404 was removed on December
3, 2004. Department of Veterans Affairs Health Care Personnel
Enhancement Act of 2004, Sec. 3(a), Public Law 108-445, 118 Stat. 2636
(2004). We are revising the first sentence of Sec. 17.609 to correctly
cross-reference 38 U.S.C. 7404(b).
The authority citation for Sec. 17.609 cites Public Law 96-330,
section 202 and 38 U.S.C. 7431-7440. We are removing the reference to
Public Law 96-330, section 202 because it is no longer the authorizing
statute for the Health Professional Scholarship Program. See Caregivers
and Veterans Omnibus Health Services Act of 2010, Sec. 603, Public Law
111-163, 124 Stat. 1173 (2010). We are also eliminating 38 U.S.C. 7434
through 7440 from the authority citation. These sections were removed
on December 3, 2004, by the Department of Veterans Affairs Health Care
Personnel Enhancement Act of 2004. Department of Veterans Affairs
Health Care Personnel Enhancement Act of 2004, Sec. 3(b), Public Law
108-445, 118 Stat. 2636 (2004). We are amending the authority citation
to correctly cite 38 U.S.C. 7431 through 7433.
Section 17.900 Definitions
Section 17.900 defines the term ``child for purposes of spina
bifida'' to mean ``the same as individual as defined at Sec.
3.814(c)(2) or Sec. 3.815(c)(2) of this title and for purposes of
covered birth defects means the same as individual as defined at Sec.
3.815(c)(2) of this title.'' On January 25, 2011, VA redesignated
paragraph Sec. 3.814(c)(2) as paragraph (c)(3). 76 FR 4249. We are
amending the definition of the term ``child'' in Sec. 17.900 to
correctly cross-reference the definition of ``individual'' in Sec.
3.814(c)(3).
Part 43 Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments
The current authority for 38 CFR part 43 is ``38 U.S.C. 501,
1712.'' The Act of 1996 removed the statutory authority for outpatient
care from 38 U.S.C. 1712. Outpatient care is now covered under 38
U.S.C. 1710. However, the statutory authority for part 43 is not 38
U.S.C. 1710. Part 43 of 38 CFR outlines the procedures for grants and
cooperative agreements to state and local governments, not eligibility
for VA care. VA's authority to prescribe regulations to carry out the
laws administered by VA is 38 U.S.C. 501. We rely on this general
authority for all of part 43 and, where applicable, state specific
sections that have an additional authority. We are, therefore, amending
the authority citation for part 43 to read ``38 U.S.C. 501, and as
noted in specific sections.''
Administrative Procedure Act
This final rule will not amend the substantive content of the
regulations cited. We are merely providing technical revisions to
update outdated statutory references and statutory authorities. We are
also updating outdated CFR references. Accordingly, notice-and-comment
procedures are not necessary for this rulemaking, and we find good
cause to make these changes effective immediately. Consequently, this
rule is exempt from the notice-and-comment and delayed-effective-date
requirements of 5 U.S.C. 553.
Effect of Rulemaking
Title 38 of the Code of Federal Regulations, as revised by this
final rulemaking, represents VA's implementation of its legal authority
on this subject. Other than future amendments to this regulation or
governing statutes, no contrary rules or procedures are authorized. All
existing or subsequent VA guidance must be read to conform with this
rulemaking if possible or, if not possible, such guidance is superseded
by this rulemaking.
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
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 directly affects only individuals and will not
directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b),
this rulemaking is exempt from the initial and final regulatory
flexibility analysis requirements of 5 U.S.C. 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 the Office of
Management and Budget 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 1 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 program numbers and
titles for this rule are as follows: 64.005, Grants to States for
Construction of State Home Facilities; 64.007, Blind
[[Page 54615]]
Rehabilitation Centers; 64.008, Veterans Domiciliary Care; 64.009,
Veterans Medical Care Benefits; 64.010, Veterans Nursing Home Care;
64.014, Veterans State Domiciliary Care; 64.015, Veterans State Nursing
Home Care; 64.018, Sharing Specialized Medical Resources; 64.019,
Veterans Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans
Home Based Primary Care; and 64.024, VA Homeless Providers Grant and
Per Diem Program.
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 September 2, 2014, for publication.
List of Subjects
38 CFR Part 17
Administrative practice and procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug abuse, Government contracts,
Grant programs--health, Grant programs--veterans, Health care, Health
facilities, Health professions, Health records, Homeless, Mental health
programs, Nursing homes, Philippines, Reporting and recordkeeping
requirements, Veterans.
38 CFR Part 43
Accounting, Grant programs, Indians, Intergovernmental relations,
Reporting and recordkeeping requirements.
Dated: September 9, 2014.
William F. Russo,
Deputy Director, Office of Regulation Policy & Management, Office of
the General Counsel, Department of Veterans Affairs.
For the reasons set forth in the preamble, we amend 38 CFR parts 17
and 43 as follows:
PART 17--MEDICAL
0
1. The authority citation for part 17 continues to read as follows:
Authority: 38 U.S.C. 501, and as noted in specific sections.
Sec. 17.30 [Amended]
0
2. Amend Sec. 17.30 by:
0
a. In paragraph (a)(1), removing ``38 U.S.C. 1762,'' and adding in its
place ``38 U.S.C. 1701(9),''.
0
b. In paragraph (a)(3), removing ``Sec. 17.143.'' and adding in its
place ``Sec. 70.10 of this chapter.''.
0
c. In paragraph (b), removing ``Sec. 17.143.'' and adding in its place
``Sec. 70.10 of this chapter.''.
Sec. 17.43 [Amended]
0
3. Amend Sec. 17.43 by:
0
a. In paragraph (c), removing ``Sec. 17.210,'' and adding in its place
``Sec. 17.240,''.
0
b. In paragraph (d), removing ``Sec. 17.101.'' and adding in its place
``Sec. 17.102.''
Sec. 17.45 [Amended]
0
4. Amend Sec. 17.45 by removing ``the provisions of Sec. 17.62(g),''
and adding in its place ``Sec. 17.102(g),''.
Sec. 17.47 [Amended]
0
5. Amend Sec. 17.47 by:
0
a. In paragraph (b)(1), removing all references to ``Sec. 3.800'' and
adding in each place ``Sec. 3.362'', and removing all references to
``Sec. 3.800(a)(2)'' and adding in each place ``Sec. 3.362(b)''.
0
b. In paragraph (d)(3), removing ``38 U.S.C. 1111(a)'' and adding in
its place ``38 U.S.C. 5312(a)''.
0
c. In paragraph (f), removing ``hospital or nursing home care under 38
U.S.C. 1710(a)(2) or outpatient care under 38 U.S.C. 1712(a)(4)'' and
adding in its place ``hospital, nursing home, or outpatient care under
38 U.S.C. 1710(a)(3)''.
0
d. In paragraph (g)(1) introductory text, removing ``paragraphs (e),
(f), (i), (j), and/or (k) of Sec. 17.60'' and adding in its place
``Sec. 17.93''.
0
e. In paragraph (g)(2) introductory text, removing ``paragraph (e),
(f), (h), (i), (j), or (k) of Sec. 17.60,'' and adding in its place
``Sec. 17.93,''.
0
6. Amend Sec. 17.48 by revising the authority citation to read as
follows:
Sec. 17.48 Compensated Work Therapy/Transitional Residences program.
* * * * *
(Authority: 38 U.S.C. 2032)
0
7. Revise Sec. 17.50 to read as follows:
Sec. 17.50 Use of Department of Defense, Public Health Service or
other Federal hospitals with beds allocated to the Department of
Veterans Affairs.
Hospital facilities operated by the Department of Defense or the
Public Health Service (or any other agency of the United States
Government) may be used for the care of VA patients pursuant to
agreements between VA and the department or agency operating the
facility. When such an agreement has been entered into and a bed
allocation for VA patients has been provided for in a specific hospital
covered by the agreement, care may be authorized within the bed
allocation for any veteran eligible under 38 U.S.C. 1710 or Sec.
17.44. Care in a Federal facility not operated by VA, however, shall
not be authorized for any military retiree whose sole basis for
eligibility is under Sec. 17.44, or, except in Alaska and Hawaii, for
any retiree of the uniformed services suffering from a chronic
disability whose entitlement is under Sec. 17.44 or Sec. 17.46(a)(2)
regardless of whether he or she may have dual eligibility under other
provisions of Sec. 17.46.
Sec. 17.52 [Amended]
0
8. Amend Sec. 17.52 by:
0
a. In paragraph (a)(1)(v), removing ``Sec. 17.48(j).'' and adding in
its place ``Sec. 17.47(i).''.
0
b. In paragraph (b)(2), removing ``in Sec. 17.48(e).'' and adding in
its place ``under 38 U.S.C. 1710.''.
Sec. 17.57 [Amended]
0
9. Amend Sec. 17.57(b) by:
0
a. Before the comma, and immediately after ``1710(a)(1)'' adding ``and
(a)(2)''.
0
b. Removing ``38 U.S.C. 1710(a)(2)'' and adding in its place ``38
U.S.C. 1710(a)(3)''.
Sec. 17.90 [Amended]
0
10. Amend Sec. 17.90(a) by removing ``Sec. 17.47(j).'' and adding in
its place ``Sec. 17.47(i).''.
0
11. Amend Sec. 17.93 by:
0
a. Revising the authority citation for paragraph (a).
0
b. In paragraph (b), removing ``38 U.S.C. 1712(a)(1)'' and adding in
its place ``38 U.S.C. 1710(a)(1)''.
0
c. In paragraph (c)(1), removing ``Sec. 17.47(j).'' and adding in its
place ``Sec. 17.47(i).''
0
d. Revising the authority citation at the end of the section.
The revisions read as follows:
Sec. 17.93 Eligibility for outpatient services.
(a) * * *
(Authority: 38 U.S.C. 1710, 1712)
* * * * *
(Authority: 38 U.S.C. 1710, 1712)
0
12. Amend Sec. 17.95 by:
0
a. Removing ``Sec. 17.101'' and adding in its place ``Sec. 17.102''.
0
b. Revising the authority citation at the end of the section.
The revision reads as follows:
Sec. 17.95 Outpatient medical services for Department of Veterans
Affairs employees and others in emergencies.
* * * * *
(Authority: 38 U.S.C. 1784)
0
13. Amend Sec. 17.96 by revising the authority citation at the end of
the section to read:
[[Page 54616]]
Sec. 17.96 Medication prescribed by non-VA physicians.
* * * * *
(Authority: 38 U.S.C. 1706, 1710, 1712(d))
0
14. Amend Sec. 17.98 by:
0
a. In paragraph (a), removing ``38 U.S.C. 1701(6)(B)'' and adding in
its place ``38 U.S.C. 1783'', and
0
b. In paragraph (a), removing ``38 U.S.C. 1710, 1712, 1712A, 1713, or
1717, or 38 CFR 17.84 of this part,'' and adding in its place ``38
U.S.C. 1710, 1712A, 1717, or 1781,''.
0
c. Revising the authority citation at the end of the section.
The revision reads as follows:
Sec. 17.98 Mental health services.
* * * * *
(Authority: 38 U.S.C. 1783)
Sec. 17.106 [Amended]
0
15. Amend Sec. 17.106(c)(3) by:
0
a. Removing ``4 CFR parts 101 through 104,'', and
0
b. Removing ``31 CFR part 900'' and adding in its place ``31 CFR parts
900 through 904''.
Sec. 17.107 [Amended]
0
16. Amend the Note at the end of Sec. 17.107 by removing ``Sec.
17.106'' and adding in its place ``Sec. 17.107''.
Sec. 17.142 [Amended]
0
17. Amend Sec. 17.142 by:
0
a. In paragraph (a), removing ``the provisions of 38 U.S.C. 8153 and
Sec. 17.210 and which may be negotiated pursuant to the provisions of
41 CFR 8-3.204(c);'' and adding, in its place ``38 U.S.C. 8153 and
Sec. 17.240;''.
0
b. Revising paragraph (c).
0
c. Revising the authority citation at the end of the section.
The revisions read as follows:
Sec. 17.142 Authority to approve sharing agreements, contracts for
scarce medical specialist services and contracts for other medical
services.
* * * * *
(c) When a sharing agreement or contract for scarce medical
specialist services is not warranted, contracts authorized under the
provisions of 38 U.S.C. 8153 for medical and ancillary services. The
authority under this section generally will be exercised by approval of
proposed contracts or agreements negotiated at the health care facility
level. Such approval, however, will not be necessary in the case of any
purchase order or individual authorization for which authority has been
delegated in 48 CFR 801.670-3. All such contracts and agreements will
be negotiated pursuant to 48 CFR chapters 1 and 8.
(Authority: 38 U.S.C. 512, 7409, 8153)
Sec. 17.150 [Amended]
0
18. Amend Sec. 17.150 by:
0
a. In paragraph (a), removing ``38 U.S.C. 1712'' and adding in its
place ``38 U.S.C. 1710''.
0
b. In paragraph (b)(4), removing ``Sec. 17.48(f),'' and adding in its
place ``Sec. 17.47(h),''.
0
19. Amend Sec. 17.152 by revising the authority citation at the end of
the section to read as follows:
Sec. 17.152 Devices to assist in overcoming the handicap of deafness.
* * * * *
(Authority: 38 U.S.C. 1717(c))
Sec. 17.160 [Amended]
0
20. Amend Sec. 17.160(h) by removing ``Sec. 17.60(d).'' and adding in
its place ``Sec. 17.93.''
0
21. Amend Sec. 17.161 by revising the authority citation for paragraph
(e) to read as follows:
Sec. 17.161 Authorization of outpatient dental treatment.
* * * * *
(e) * * *
(Authority: Pub. L. 100-322; Pub. L. 108-170; 38 U.S.C.
1712(a)(1)(F))
* * * * *
0
22. Amend Sec. 17.163 by revising the authority citation at the end of
the section to read as follows:
Sec. 17.163 Posthospital outpatient dental treatment.
* * * * *
(Authority: 38 U.S.C. 1712(a)(1)(E))
Sec. 17.180 [Amended]
0
23. Amend Sec. 17.180(b) by removing ``38 U.S.C. ch. 75,'' and adding
in its place ``38 U.S.C. ch. 78,''.
Sec. 17.197 [Amended]
0
24. Amend Sec. 17.197 by:
0
a. Removing ``title 38 U.S.C., section 1741(a)(1)'' and adding in its
place ``38 U.S.C. 1741(a)(1)(A)''.
0
b. Removing ``section 1741(a)(3)'' and adding in its place ``sec.
1741(a)(1)(B)''.
Sec. 17.230 [Amended]
0
25. Amend Sec. 17.230(b) by removing ``38 U.S.C. 1712(f) and (g)'' and
adding in its place ``38 U.S.C. 1710(g)''.
0
26. Amend Sec. 17.240 by:
0
a. Revising the section heading.
0
b. In the introductory text, removing ``with other hospitals, including
State or local, public or private hospitals or other medical
installations having hospital facilities or organ banks, blood banks,
or similar institutions, or medical schools or clinics in a medical
community'' and adding, in its place, ``between Department health-care
facilities and any health-care provider, or other entity or
individual''.
0
c. Removing all references to ``specialized medical'' and adding in
each place ``health-care''.
The revision reads as follows:
Sec. 17.240 Sharing health-care resources.
* * * * *
Sec. 17.255 [Amended]
0
27. Amend Sec. 17.255(c) by removing ``40 U.S.C. 276a-276a-5 (The
Davis-Bacon Act).'' and adding in its place ``40 U.S.C. 3141-3144,
3146, and 3147.''.
0
28. Amend Sec. 17.277 by revising the authority citation at the end of
the section to read as follows:
Sec. 17.277 Third-party liability/medical care cost recovery.
* * * * *
(Authority: 42 U.S.C. 2651; 38 U.S.C. 501, 1781)
Sec. 17.509 [Amended]
0
29. Amend Sec. 17.509(a) by removing ``38 CFR 1.500 through 1.584''
and adding in its place ``38 U.S.C. 5701, 5 U.S.C. 552 and 552a, and 38
CFR 1.500 through 1.582''.
0
30. Amend Sec. 17.608 by revising the authority citation for paragraph
(a) to read as follows:
Sec. 17.608 Deferment of obligated service.
(a) * * *
(Authority: 38 U.S.C. 7616(b)(3)(A)(i))
* * * * *
0
31. Amend Sec. 17.609 by:
0
a. Removing ``section 7404(b)(1) of title 38 U.S.C.'' and adding in its
place ``38 U.S.C. 7404(b)''.
0
b. Revising the authority citation at the end of the section to read as
follows:
Sec. 17.609 Pay during period of obligated service.
* * * * *
(Authority: 38 U.S.C. 7431-7433)
Sec. 17.900 [Amended]
0
32. Amend Sec. 17.900 in the definition of ``Child'' by removing
``Sec. 3.814(c)(2)'' and adding in its place ``Sec. 3.814(c)(3)''.
PART 43--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND
COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS
0
33. Revise the authority citation for part 43 to read as follows:
[[Page 54617]]
Authority: 38 U.S.C. 501, and as noted in specific sections.
[FR Doc. 2014-21790 Filed 9-11-14; 8:45 am]
BILLING CODE 8320-01-P