Provision of Drugs and Medicines to Certain Veterans in State Homes

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AJ34

Provision of Drugs and Medicines to Certain Veterans in State

Homes

AGENCY: Department of Veterans Affairs.

ACTION: Interim final rule with request for comments.

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SUMMARY: This document amends the ``Medical'' regulations concerning

the provision of drugs and medicines prescribed by non-VA physicians

for certain veterans who are permanently housebound or in need of

regular aid and attendance. The regulations are amended to allow

prescriptions to be filled by non-VA pharmacies in state homes under

contract with VA for filling prescriptions for patients in state homes.

This is consistent with VA's special relationship with state homes. It

will eliminate duplication of services and will help improve timeliness

for filling prescriptions in state homes.

DATES: Effective Date: July 14, 1998.

Comment Date: Comments must be received on or before September 14,

1998.

ADDRESSES: Mail or hand-deliver written comments to: Director, Office

of Regulations Management (02D), Department of Veterans Affairs, 810

Vermont Ave., NW, Room 1154, Washington, DC 20420. Comments should

indicate that they are submitted in response to ``RIN: 2900-AJ34.'' All

written comments received will be available for public inspection at

the above address in the Office of Regulations Management, Room 1158,

between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday

(except holidays).

FOR FURTHER INFORMATION CONTACT: Jeff Ramirez, Pharmacy Service (119),

Veterans Health Administration, Department of Veterans Affairs, 810

Vermont Avenue NW, Washington, DC 20420, (202) 273-8428. (This is not a

toll-free number.)

SUPPLEMENTARY INFORMATION: This document amends the ``Medical''

regulations set forth at 38 CFR Part 17. More specifically, it amends

the provisions of Sec. 17.96 which concern the criteria for providing

drugs and medicines prescribed by non-VA physicians for certain

veterans who are permanently housebound or in need of regular aid and

attendance.

Prior to the effective date of this document Sec. 17.96 stated:

Any prescription, which is not part of authorized Department of

Veterans Affairs hospital or outpatient care, for drugs and

medicines ordered by a private or non-Department of Veterans Affairs

doctor of medicine or doctor of osteopathy duly licensed to practice

in the jurisdiction where the prescription is written, shall be

filled by a Department of Veterans Affairs pharmacy, provided:

(a) The prescription is for:

(1) A veteran who by reason of being permanently housebound or

in need of regular aid and attendance is in receipt of increased

compensation under 38 U.S.C. chapter 11, or increased pension under

Sec. 3.1(u) (Section 306 Pension) or Sec. 3.1(w) (Improved Pension),

of this title, as a veteran of the Mexican Border Period, World War

I, World War II, the Korean Conflict, or the Vietnam Era (or,

although eligible for such pension, is in receipt of compensation as

the greater benefit), or

[[Page 37780]]

(2) A veteran in need of regular aid and attendance who was

formerly in receipt of increased pension as described in paragraph

(a)(1) of this section whose pension has been discontinued solely by

reason of excess income, but only so long as such veteran's annual

income does not exceed the maximum annual income limitation by more

than $1,000, and

(b) The drugs and medicines are prescribed as specific therapy

in the treatment of any of the veteran's illnesses or injuries.

This document amends Sec. 17.96 to allow prescriptions to be filled

by non-VA pharmacies in state homes under contract with VA for filling

prescriptions for patients in state homes. State home pharmacies are

fully operational facilities that in many cases can efficiently meet

the needs of veterans in the state homes. This action is consistent

with VA's special relationship with state homes. It will eliminate

duplication of services and will help improve timeliness for filling

prescriptions in state homes.

Administrative Procedure Act

This document is published without regard to the notice and comment

and effective date provisions of 5 U.S.C. 553 since it pertains to

agency management.

Regulatory Flexibility Act

The Secretary hereby certifies that the adoption of this interim

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.

The rule at the most will have only a minuscule economic effect on

any small entity. Therefore, pursuant to 5 U.S.C. 605(b), this interim

final rule is exempt from the initial and final regulatory flexibility

analyses requirements of Secs. 603 and 604.

Catalog of Federal Domestic Assistance Program Number

The Catalog of Federal Domestic Assistance program number for this

document is 64.012.

List of Subjects in 38 CFR Part 17

Administrative practice and procedure, Alcohol abuse, Alcoholism,

Claims, Day care, Dental health, Drug abuse, Foreign relations,

Government contracts, Grant programs-health, Grant programs-veterans,

Health care, Health facilities, Health professions, Health records,

Homeless, Medical and dental schools, Medical devices, Medical

research, Mental health programs, Nursing homes, Philippines, Reporting

and recordkeeping requirements, Scholarships and fellowships, Travel

and transportation expenses, Veterans.

Approved: June 30, 1998.

Togo D. West, Jr.,

Secretary of Veterans Affairs.

For the reasons set forth above, 38 CFR part 17 is amended as set

forth below:

PART 17--MEDICAL

1. The authority citation for part 17 continues to read as follows:

Authority: 38 U.S.C. 501, 1721, unless otherwise noted.

2. In Sec. 17.96, the introductory text is amended by removing

``pharmacy'' and adding, in its place, ``pharmacy or a non-VA pharmacy

in a state home under contract with VA for filling prescriptions for

patients in state homes''; the authority citation at the end of

paragraph (a) is removed; and an authority citation is added at the end

of the section to read as follows:

Sec. 17.96 Prescriptions filled.

* * * * *

(Authority: 38 U.S.C. 1712 (d))

[FR Doc. 98-18644 Filed 7-13-98; 8:45 am]

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