# 38 CFR § 51.31: Surveys for recognition and/or certification

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-51.31

## Section

- **Citation:** 38 CFR § 51.31
- **Heading:** Surveys for recognition and/or certification
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 38—Pensions, Bonuses, and Veterans' Relief > CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS > PART 51—PER DIEM FOR NURSING HOME, DOMICILIARY, OR ADULT DAY HEALTH CARE OF VETERANS IN STATE HOMES > Subpart B—Obtaining Recognition and Certification for per Diem Payments

## Text

(a) General. Both before and after a home is recognized and certified, VA may survey the home as necessary to determine whether it complies with applicable regulations. VA will provide advance notice before a recognition survey, but advance notice is not required before other surveys. A survey, as necessary, may cover all parts of the home or only certain parts, and may include review, audit, and production of any records that have a bearing on compliance with the requirements of this part (including any reports from state or local entities), as well as the completion and submission to VA of all required forms. The Director will designate the VA officials and/or contractors to survey the home.
(b) Recognition surveys. VA will not conduct a recognition survey unless the following minimum requirements are met:
(1) For nursing homes and domiciliaries, the home has at least 20 residents or has a number of residents consisting of at least 50 percent of the resident capacity of the home;
(2) For adult day health care programs of care, the program has at least 10 participants or has a number of participants consisting of at least 50 percent of participant capacity of the program.
(c) Threats to public, resident, or participant safety. If VA identifies a condition at the home that poses an immediate threat to public, resident or participant safety, or other information indicating the existence of such a threat, the Director of the VA medical center of jurisdiction will immediately report this to the VA Network Director (10N1-22); the Office of Geriatrics and Extended Care in VA Central Office; and the State official authorized to oversee operations of the home.
(The Office of Management and Budget has approved the information collection requirements in this section under control number 2900-0160)

## Nearby sections

- [38 CFR § 51.1 § 51.1 Purpose and scope of this part.](https://www.frixlaw.com/law-library/statutes/ecfr-38-51.1.md)
- [38 CFR § 51.2 § 51.2 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-38-51.2.md)
- [38 CFR § 51.20 § 51.20 Recognition of a State home.](https://www.frixlaw.com/law-library/statutes/ecfr-38-51.20.md)
- [38 CFR § 51.30 § 51.30 Certification of a State home.](https://www.frixlaw.com/law-library/statutes/ecfr-38-51.30.md)
- [38 CFR § 51.31 § 51.31 Surveys for recognition and/or certification.](https://www.frixlaw.com/law-library/statutes/ecfr-38-51.31.md)
- [38 CFR § 51.32 § 51.32 Terminating recognition.](https://www.frixlaw.com/law-library/statutes/ecfr-38-51.32.md)
- [38 CFR § 51.40 § 51.40 Basic per diem rates.](https://www.frixlaw.com/law-library/statutes/ecfr-38-51.40.md)
- [38 CFR § 51.41 § 51.41 Contracts and State home care agreements for certain veterans with service-connected disabilities.](https://www.frixlaw.com/law-library/statutes/ecfr-38-51.41.md)
- [38 CFR § 51.42 § 51.42 Payment procedures.](https://www.frixlaw.com/law-library/statutes/ecfr-38-51.42.md)
- [38 CFR § 51.43 § 51.43 Drugs and medicines for certain veterans.](https://www.frixlaw.com/law-library/statutes/ecfr-38-51.43.md)
- [38 CFR § 51.50 § 51.50 Eligible veterans—nursing home care.](https://www.frixlaw.com/law-library/statutes/ecfr-38-51.50.md)
- [38 CFR § 51.51 § 51.51 Eligible veterans—domiciliary care.](https://www.frixlaw.com/law-library/statutes/ecfr-38-51.51.md)
- [38 CFR § 51.52 § 51.52 Eligible veterans—adult day health care.](https://www.frixlaw.com/law-library/statutes/ecfr-38-51.52.md)
- [38 CFR § 51.58 § 51.58 Requirements and Standards applicable for payment of per diem.](https://www.frixlaw.com/law-library/statutes/ecfr-38-51.58.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-51.31. Check the current official text before relying on it. Not legal advice.