[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR17.81]

[Page 613-615]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 17--MEDICAL--Table of Contents
 
Sec. 17.81  Contracts for residential treatment services for veterans with alcohol or drug dependence or abuse disabilities.

    (a) Contracts for treatment services authorized under Sec. 17.80(a) 
may be awarded in accordance with applicable Department of Veterans 
Affairs and Federal procurement procedures. Such contracts will be 
awarded only after the quality and effectiveness, including adequate 
protection for the safety of the residents of the contractor's program, 
has been determined and then only to contractors, determined by the 
Under Secretary for Health or designee to meet the following 
requirements.
    (1) Meet fire safety requirements as follows:
    (i) The building must meet the requirements of the applicable 
residential occupancy chapters (1-7, 22-23, and 31) and Appendix A of 
the NFPA 101, National Fire Protection Association's Life Safety Code 
(1994 edition) which are incorporated by reference. Incorporation by 
reference of these materials was approved by the Director of the Federal 
Register, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These 
materials incorporated by reference are available for inspection at the 
Office of the Federal Register, Suite 700, 800 North Capitol Street, 
NW., Washington, DC, and the Department of Veterans Affairs, Office of 
Regulations Management (02D), Room 1154, 810 Vermont Avenue, NW., 
Washington, DC 20420. Copies may be obtained from the National Fire 
Protection Association, Battery March Park, Quincy, MA 02269. (For 
ordering information, call toll-free 1-800-344-3555.) Any equivalencies 
or variances to Department of Veterans Affairs requirements must be 
approved by the appropriate Veterans Health Administration Veterans 
Integrated Service Networks (VISN) Director.
    (ii) Where applicable, the home must have a current occupancy permit 
issued by the local and state governments in the jurisdiction where the 
home is located.
    (iii) All Department of Veterans Affairs sponsored residents will be 
mentally and physically capable of leaving the building, unaided, in the 
event of an emergency. Halfway house, therapeutic community and other 
residential program management must agree that all the other residents 
in any building housing veterans will also have such capability.
    (iv) There must be at least one staff member on duty 24 hours a day.

[[Page 614]]

    (v) Fire exit drills must be held at least quarterly. Residents must 
be instructed in evacuation procedures when the primary and/or secondary 
exits are blocked. A written fire plan for evacuation in the event of 
fire shall be developed and reviewed annually. The plan shall outline 
the duties, responsibilities and actions to be taken by the staff and 
residents in the event of a fire emergency. This plan shall be 
implemented during fire exit drills.
    (vi) A written policy regarding tobacco smoking in the facility 
shall be established and enforced.
    (vii) Portable fire extinguishers shall be installed at the 
facility. Use NFPA 10, Portable Fire Extinguishers, as guidance in 
selection and location requirements of extingushers.
    (viii) Requirements for fire protection equipment and systems shall 
be in accordance with NFPA 101. Where installed, maintenance and testing 
of these systems/equipment shall include the following:
    (A) The fire alarm system shall be test operated at least semi-
annually.
    (B) All smoke detectors shall be test operated, by activation of the 
smoke detector, at least semi-annually.
    (C) The monthly and annual inspections and the maintenance of the 
extinguishers shall be in accordance with NFPA 10.
    (D) All fire protection systems and equipment, such as the fire 
alarm system, smoke detectors, and portable extinguishers, shall be 
inspected, tested and maintained in accordance with the applicable NFPA 
fire codes and the results documented.
    (ix) An annual fire and safety inspection shall be conducted at the 
halfway house or residential facility by qualified Department of 
Veterans Affairs personnel. If a review of past Department of Veterans 
Affairs inspections or inspections made by the local authorities 
indicates that a fire and safety inspection would not be necessary, then 
the visit to the facility may be waived.
    (2) Be in compliance with existing standards of State safety codes 
and local, and/or State health and sanitation codes.
    (3) Be licensed under State or local authority.
    (4) Where applicable, be accredited by the State.
    (5) Comply with the requirements of the ``Confidentiality of Alcohol 
and Drug Abuse Patient Records'' (42 CFR part II) and the 
``Confidentiality of Certain Medical Records'' (38 U.S.C. 7332), which 
shall be part of the contract.
    (6) Demonstrate an existing capability to furnish the following:
    (i) A supervised alcohol and drug free environment, including active 
affiliation with Alcoholics Anonymous (AA) programs.
    (ii) Staff sufficient in numbers and position qualifications to 
carry out the policies, responsibilities, and programs of the facility.
    (iii) Board and room.
    (iv) Laundry facilities for residents to do their own laundry.
    (v) Structured activities.
    (vi) Appropriate group activities, including physical activities.
    (vii) Health and personal hygiene maintenance.
    (viii) Monitoring administration of medications.
    (ix) Supportive social service.
    (x) Individual counseling as appropriate.
    (xi) Opportunities for learning/development of skills and habits 
which will enable Department of Veterans Affairs sponsored residents to 
adjust to and maintain freedom from dependence on or involvement with 
alcohol or drug abuse or dependence during or subsequent to leaving the 
facility.
    (xii) Support for the individual desire for sobriety (alcohol/drug 
abuse-free life style).
    (xiii) Opportunities for learning, testing, and internalizing 
knowledge of illness/recovery process, and for upgrading skills and 
improving personal relationships.
    (7) Data normally maintained and included in a medical record as a 
function of compliance with State or community licensing standards will 
be accessible.
    (b) Representatives of the Department of Veterans Affairs will 
inspect the facility prior to award of a contract to assure that 
prescribed requirements can be met. Inspections may also be carried out 
at such other times

[[Page 615]]

as deemed necessary by the Department of Veterans Affairs.
    (c) All requirements in this rule, and Department of Veterans 
Affairs reports of inspection of residential facilities furnishing 
treatment and rehabilitation services to eligible veterans shall to the 
extent possible, be made available to all government agencies charged 
with the responsibility of licensing or otherwise regulating or 
inspecting such institutions.
    (d) An individual case record will be created for each client which 
shall be maintained in security and confidence as required by the 
``Confidentiality of Alcohol and Drug Abuse Patient Records'' (42 CFR 
part 2) and the ``Confidentiality of Certain Medical Records'' (38 
U.S.C. 7332), and will be made available on a need to know basis to 
appropriate Department of Veterans Affairs staff members involved with 
the treatment program of the veterans concerned.
    (e) Contractors under this section shall provide reports of budget 
and case load experience upon request from a Department of Veterans 
Affairs official.

(Authority: 38 U.S.C. 1720A)

[47 FR 57707, Dec. 28, 1982. Redesignated and amended at 61 FR 21965, 
21967, May 13, 1996; 61 FR 63720, Dec. 2, 1996]