[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR17.46]

[Page 648-649]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 17_MEDICAL--Table of Contents
 
Sec.  17.46  Eligibility for hospital, domiciliary or nursing home 

care of persons discharged or released from active military, naval, 
or air service.

    (a) In furnishing hospital care under 38 U.S.C. 1710(a)(1), VA 
officials shall:
    (1) If the veteran is in immediate need of hospitalization, furnish 
care at VA facility where the veteran applies or, if that facility is 
incapable of furnishing care, arrange to admit the veteran to the 
nearest VA medical center, or Department of Defense hospital with which 
VA has a sharing agreement under 38 U.S.C. 8111, which is capable of 
providing the needed care, or if VA or DOD facilities are not available, 
arrange for care on a contract basis if authorized by 38 U.S.C. 1703 and 
38 CFR 17.52; or
    (2) If the veteran needs non-immediate hospitalization, schedule the 
veteran for admission at VA facility where the veteran applies, if the 
schedule permits, or refer the veteran for admission or scheduling for 
admission at the nearest VA medical center, or Department of Defense 
facility with which VA has a sharing agreement under 38 U.S.C. 8111.


(Authority: 38 U.S.C. 1703, 1710; secs. 19011-19012, Pub. L. 99-272)

    (b) Domiciliary care may be furnished when needed to:
    (1) Any veteran whose annual income does not exceed the maximum 
annual rate of pension payable to a veteran in need of regular aid and 
attendance, or
    (2) Any veteran who the Secretary determines had no adequate means 
of support. An additional requirement for eligibility for domiciliary 
care is the ability of the veteran to perform the following:
    (i) Perform without assistance daily ablutions, such as brushing 
teeth; bathing; combing hair; body eliminations.
    (ii) Dress self, with a minimum of assistance.

[[Page 649]]

    (iii) Proceed to and return from the dining hall without aid.
    (iv) Feed Self.
    (v) Secure medical attention on an ambulatory basis or by use of 
personally propelled wheelchair.
    (vi) Have voluntary control over body eliminations or control by use 
of an appropriate prosthesis.
    (vii) Share in some measure, however slight, in the maintenance and 
operation of the facility.
    (viii) Make rational and competent decisions as to his or her desire 
to remain or leave the facility.

(Authority: 38 U.S.C. 1710(b), sec. 102, Pub. L. 100-322)

[24 FR 8328, Oct. 4, 1959, as amended at 30 FR 1787, Feb. 9, 1965; 32 FR 
13813, Oct. 4, 1967; 34 FR 9340, June 13, 1969; 39 FR 1841, Jan. 15, 
1974; 45 FR 6935, Jan. 31, 1980; 51 FR 25064, July 10, 1986; 52 FR 
11259, Apr. 8, 1987; 53 FR 9627, Mar. 24, 1988; 53 FR 32391, Aug. 25, 
1988; 56 FR 5757, Feb. 13, 1991. Redesignated and amended at 61 FR 
21965, 21966, May 13, 1996]