[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: 38CFR52.40]

[Page 846-847]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 52--PER DIEM FOR ADULT DAY HEALTH CARE OF VETERANS IN STATE HOMES--
Table of Contents
 
                      Subpart C--Per Diem Payments
 
Sec. 52.40  Monthly payment.


    (a)(1) During Fiscal Year 2002, VA will pay monthly one-half of the 
total cost of each eligible veteran's adult day health care for each day 
the veteran is in a facility recognized as a State home for adult day 
health care, not to exceed $34.64 per diem.
    (2) Per diem will be paid only for a day that the veteran is under 
the care of the facility at least six hours. For purposes of this 
paragraph a day means
    (i) Six hours or more in one calendar day; or
    (ii) Any two periods of at least 3 hours each (but each less than 
six hours) in any two calendar days in a calendar month.
    (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 38 CFR 58.11.
    (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 enrollment and with 
any request for a change in the level of care (nursing home, domiciliary 
or hospital care). These forms are set forth in full at 38 CFR 58.12 and 
58.13, respectively. If the program is eligible to receive per diem 
payments for adult day health care for a veteran, VA will pay per diem 
under this part from the date of receipt of the completed forms required 
by this paragraph (a)(5), except that VA will pay per diem from the day 
on which the veteran was enrolled in the program if VA receives the 
completed forms within 10 days after enrollment.
    (b) For determining ``the one-half of the total cost'' under 
paragraph (a)(1) of this section, total per diem costs for an eligible 
veteran's adult day health care consist of those direct and indirect 
costs attributable to adult day health care at the facility divided by

[[Page 847]]

the total number of participants enrolled in the adult day health care 
program. 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'' (OMB 
Circulars are available at the addresses in 5 CFR 1310.3).

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

(The Office of Management and Budget has approved the information 
collection requirements in this paragraph under control number 2900-
0160.)