[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Rules and Regulations]
[Pages 68127-68129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26953]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 12
RIN 2900-AO41
Designee for Patient Personal Property
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulation that governs a competent veteran's designation of a person
to receive the veteran's funds and personal effects in the event that
such veteran was to die while in a VA field facility. We are
eliminating reference to an obsolete VA form, clarifying the role of a
VA fiduciary for an incompetent veteran-patient, as well as
restructuring the current regulation for ease of readability.
DATES: This final rule is effective December 15, 2014.
FOR FURTHER INFORMATION CONTACT: Kristin J. Cunningham, Director,
Business Policy, Chief Business Office (10NB6), Veterans Health
Administration, Department of Veterans Affairs, 810 Vermont Ave. NW.,
Washington, DC 20420; (202) 382-2508. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register at 78 FR 63139 (October 23, 2013), VA proposed to amend its
regulation concerning the disposition of a veteran's funds and effects.
We proposed several changes to 38 U.S.C. part 12. We proposed that, if
a competent veteran who is receiving VA medical care dies in a VA field
facility, any funds and personal effects belonging to the veteran must
be turned over to the person who had been designated by the veteran
upon admission to such VA field facility. VA requests and encourages a
competent veteran to designate an individual and provide the facility
with the individual's information in order to facilitate the process of
disposition of the veteran's funds and personal effects in the event of
his or her death, and to help alleviate some of the burden on the
deceased veteran's survivors. VA currently requests a veteran to name a
designee during the registration process when VA admits a veteran for
care at a VA field facility and the designee information is recorded by
VA personnel directly into the veteran's medical record. However,
having a VA employee enter the designee into the veteran's medical
record without having a signed written designation by the
[[Page 68128]]
veteran increases the risk for litigation against VA by the veteran's
survivors. In order to reduce the risk of litigation, we proposed to
create a new VA form. On said form, the veteran will designate an
individual to receive the veteran's funds and effects in the event that
such veteran was to die while receiving VA medical care. We also
proposed to allow designation of certain family members who could not
be designees under the regulation before this amendment, but continued
to disallow as a possible designee a VA employee who is not a member of
the veteran's family to avoid any potential for impropriety or the
appearance thereof. Finally, we proposed certain revisions to improve
readability and otherwise updated the regulatory text.
We provided a 60-day comment period, which ended on December 23,
2013. We did not receive any comments on the proposed rule. Based on
the rationale set forth in the Supplementary Information to the
proposed rule and in this final rule, VA is adopting the proposed rule
as a final rule with no changes.
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 guidance 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
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507) requires that
VA consider the impact of paperwork and other information collection
burdens imposed on the public. Under 44 U.S.C. 3507(a), an agency may
not collect or sponsor the collection of information, nor may it impose
an information collection requirement unless it displays a currently
valid Office of Management and Budget (OMB) control number. See also 5
CFR 1320.8(b)(3)(vi).
This final rule imposes the following new information collection
requirements. The information required in Sec. 12.1 allows the
veteran, upon admission to a VA field facility, to designate a person
to receive the veteran's funds or effects in the event that the veteran
dies while admitted to such VA field facility. The information required
in Sec. 12.1 would also allow the veteran to change or revoke such
designee. If the veteran dies in a VA field facility, any funds or
personal effects belonging to the veteran must be turned over to a
person designated by the veteran. VA requests and encourages a veteran
to name a person as a designee in order to facilitate the process of
disposition of the veteran's funds and effects. VA also allows the
veteran the opportunity to change or revoke such designee at any time.
The information obtained through this collection eliminates some of the
burden on the deceased veteran's survivors in the event of the
veteran's death in a VA field facility. As required by 44 U.S.C.
3507(d), VA submitted this information collection to OMB for its
review, and the information collection is pending OMB approval. Notice
of OMB approval for this information collection will be published in a
future Federal Register document. Until VA receives approval from OMB
for the information collection, VA will not collect information
associated with this rulemaking. The public is not required to respond
to the information collection associated with this rulemaking until OMB
approves the information collection.
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 will directly affect 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 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,'' which requires 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://www.va.gov/orpm/. by following the link for VA
Regulations Published From FY 2004 Through Fiscal Year to Date.
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 numbers and titles for
the programs affected by this document are 64.007, Blind Rehabilitation
Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical
Care Benefits; 64.010, Veterans Nursing Home Care; 64.019, Veterans
Rehabilitation--Alcohol and Drug Dependence.
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
[[Page 68129]]
the Department of Veterans Affairs. Jose D. Riojas, Chief of Staff,
Department of Veterans Affairs, approved this document on November 4,
2014, for publication.
List of Subjects in 38 CFR Part 12
Estates, Veterans.
Dated: November 10, 2014.
Janet J. Coleman,
Chief, Regulations Development, Tracking, and Control, Office of
Regulation Policy & Management, Office of the General Counsel, U.S.
Department of Veterans Affairs.
For the reasons set out in the preamble, the Department of Veterans
Affairs amends 38 CFR part 12 as follows:
PART 12--DISPOSITION OF VETERAN'S PERSONAL FUNDS AND EFFECTS
0
1. The authority citation for part 12 is revised to read as follows:
Authority: 38 U.S.C. 501, 8501-8528.
Sec. 12.0 [Amended]
0
2. Amend Sec. 12.0 paragraph (b) by removing the phrase ``funds
derived from gratuitous benefits under laws administered by the
Department of Veterans Affairs'' and adding, in its place, ``funds
derived from VA benefits''.
0
3. Revise Sec. 12.1 to read as follows:
Sec. 12.1 Designee cases; competent veterans.
(a) Designees--general. (1) Upon admission to a VA field facility,
VA will request and encourage a competent veteran to designate in
writing, on the relevant VA form, an individual to whom VA will deliver
the veteran's funds and effects in the event of the veteran's death in
such VA field facility. The individual named by the veteran is referred
to in this part as the designee.
(2) The veteran may change or revoke a designation in writing, on
the relevant VA form, at any time.
(3) If the veteran does not name a designee or if a designee is
unable or unwilling to accept delivery of funds or effects, Sec. 12.5
Nondesignee cases, applies.
(4) The designee may not be a VA employee unless such employee is a
member of the veteran's family. For purposes of this section, a family
member includes the spouse, parent, child, step family member, extended
family member or an individual who lives with the veteran but is not a
member of the veteran's family.
(5) To be effective, a completed form must be received by the
facility head or facility designee prior to the veteran's death.
(b) Delivery of funds and effects. The delivery of the veteran's
funds or effects to the designee is only a delivery of possession. Such
delivery of possession does not affect in any manner:
(1) The title to such funds or effects; or
(2) The person legally entitled to ownership of such funds or
effects.
(c) Veteran becomes incompetent. If a veteran is determined to be
incompetent pursuant to an order of a state court or is determined to
be unable to manage monetary VA benefits by a VA clinician after the
veteran is admitted to a VA field facility, the VA field facility staff
will contact the Veterans Benefits Administration for the application
of 38 CFR 3.353, regarding an incompetency rating as to whether the
veteran is able to manage monetary VA benefits, and, if appropriate, 38
CFR 13.55, regarding VA fiduciary appointments. If the Veterans
Benefits Administration determines that a veteran is incompetent to
manage monetary VA benefits, any designation by the veteran under
paragraph (a) of this section will cease with respect to VA benefits
that are deposited by VA into the Personal Funds of Patients. The
veteran's designation will not change with respect to disposition of
funds and personal effects derived from non-VA sources, unless a court-
appointed guardian or conservator changes or revokes the existing
designation.
(d) Retention of funds and effects by a veteran. Upon admission to
a VA field facility, VA will encourage a competent veteran to:
(1) Place articles of little or no use to the veteran during the
period of care in the custody of a family member or friend; and
(2) Retain only such funds and effects that are actually required
and necessary for the veteran's immediate convenience.
(The information collection is pending Office of Management and
Budget approval.)
(Authority: 38 U.S.C. 8502)
Sec. 12.2 [Amended]
0
4. In Sec. 12.2 amend paragraph (a) by removing the phrase ``funds
deposited by the Department of Veterans Affairs in Personal Funds of
Patients which were derived from gratuitous benefits under laws
administered by the Department of Veterans Affairs'' and adding, in its
place, ``funds deposited by VA in Personal Funds of Patients that were
derived from VA benefits''.
Sec. 12.3 [Amended]
0
5. In Sec. 12.3 amend paragraph (a)(1) by removing the phrase ``funds
deposited by the Department of Veterans Affairs in Personal Funds of
Patients which were derived from gratuitous benefits under laws
administered by the Department of Veterans Affairs'' and adding, in its
place, ``funds deposited by VA in Personal Funds of Patients that were
derived from VA benefits,'' and by removing the word ``gratuitous'' and
adding, in its place ``VA''.
Sec. 12.4 [Amended]
0
6. Amend Sec. 12.4 by:
0
a. In paragraph (a) introductory text, removing the phrase ``funds on
deposit in Personal Funds of Patients derived from gratuitous benefits
under laws administered by the Department of Veterans Affairs and
deposited by the Department of Veterans Affairs'' and adding, in its
place, ``funds deposited by VA in Personal Funds of Patients that were
derived from VA benefits''.
0
b. In paragraph (d), removing the phrase ``funds deposited by the
Department of Veterans Affairs in Personal Funds of Patients derived
from gratuitous benefits under laws administered by the Department of
Veterans Affairs'' and adding, in its place, ``funds deposited by VA in
Personal Funds of Patients that were derived from VA benefits''.
Sec. 12.5 [Amended]
0
7. Amend Sec. 12.5 by:
0
a. In paragraph (c), removing the phrase ``gratuitous benefits
deposited by the Department of Veterans Affairs in Personal Funds of
Patients under laws administered by the Department of Veterans
Affairs'' and adding, in its place, ``funds deposited by VA in Personal
Funds of Patients that were derived from VA benefits''.
0
b. In paragraph (d), removing the phrase ``gratuitous benefits under
laws administered by the Department of Veterans Affairs'' and adding,
in its place, ``VA benefits''; and removing ``funds derived from
gratuitous'' and adding, in its place, ``funds derived from VA''.
[FR Doc. 2014-26953 Filed 11-13-14; 8:45 am]
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