[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR51.40]

[Page 823]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 51--PER DIEM FOR NURSING HOME CARE OF VETERANS IN STATE HOMES--Table 
of Contents
 
                      Subpart C--Per Diem Payments
 
Sec. 51.40  Monthly payment.


    (a)(1) VA will pay per diem monthly for nursing home care provided 
to an eligible veteran in a facility recognized as a State home for 
nursing home care. During Fiscal Year 2000, VA will pay the lesser of 
the following:
    (i) One-half of the cost of the care for each day the veteran is in 
the facility; or
    (ii) $50.55 for each day the veteran is in the facility.
    (2) Per diem will be paid only for the days that the veteran is a 
resident at the facility. For purposes of paying per diem, VA will 
consider a veteran to be a resident at the facility during each full day 
that the veteran is receiving care at the facility. VA will not deem the 
veteran to be a resident at the facility if the veteran is receiving 
care outside the State home facility at VA expense. Otherwise, VA will 
deem the veteran to be a resident at the facility during any absence 
from the facility that lasts for no more than 96 consecutive hours. This 
absence will be considered to have ended when the veteran returns as a 
resident if the veteran's stay is for at least a continuous 24-hour 
period.
    (3) As a condition for receiving payment of per diem under this 
part, the State must submit a completed VA Form 10-5588, State Home 
Report and Statement of Federal Aid Claimed. This form is set forth in 
full at Sec. 58.11 of this chapter.
    (4) Initial payments will not be made until the Under Secretary for 
Health recognizes the State home. However, payments will be made 
retroactively for care that was provided on and after the date of the 
completion of the VA survey of the facility that provided the basis for 
determining that the facility met the standards of this part.
    (5) As a condition for receiving payment of per diem under this 
part, the State must submit to the VA medical center of jurisdiction for 
each veteran the following completed VA Forms 10-10EZ, Application for 
Medical Benefits, and 10-10SH, State Home Program Application for Care--
Medical Certification, at the time of admission and with any request for 
a change in the level of care (domiciliary, hospital care or adult day 
health care). These forms are set forth in full at Secs. 58.12 and 58.13 
of this chapter, respectively, of this part. If the facility is eligible 
to receive per diem payments for a veteran, VA will pay per diem under 
this part from the date of receipt of the completed forms required by 
this paragraph, except that VA will pay per diem from the day on which 
the veteran was admitted to the facility if the completed forms are 
received within 10 days after admission.
    (b) Total per diem costs for an eligible veteran's nursing home care 
consist of those direct and indirect costs attributable to nursing home 
care at the facility divided by the total number of patients at the 
nursing home. Relevant cost principles are set forth in the Office of 
Management and Budget (OMB) Circular number A-87, dated May 4, 1995, 
``Cost Principles for State, Local, and Indian Tribal Governments.''

(Authority: 38 U.S.C. 101, 501, 1710, 1741-1743)