[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: 38CFR17.64]

[Page 663]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 17_MEDICAL--Table of Contents
 
Sec.  17.64  Exceptions to standards in community residential care 

facilities.

    (a) Facilities which have participated in VA's community residential 
care program prior to (the effective date of these regulations) may 
continue to be approved when the standard for Sec.  17.63(c)(3) and/or 
Sec.  17.63(e)(2) of this part are not met if:
    (1) All standards other than Sec.  17.63(c)(3) and/or Sec.  
17.63(e)(2) of this part are met;
    (2) There is at least one functional toilet, lavatory, and bathing 
or shower facility for every eight people living in the facility, 
including provider and staff;
    (3) The resident's bedrooms measure, exclusive of closet space, at 
least 80 square feet for a single-resident room, or 65 square feet for 
each resident in a multiresident room.
    (b) Community residential care facilities which do not meet the 
requirements for continued approval because they do not comply with 
paragraphs (a)(2) or (a)(3) of this section may apply in writing to the 
Secretary of Veterans Affairs for an exception. The application must 
include a detailed description of the facility, including a description 
of the toilet, lavatory and bathing and shower facilities and/or 
resident's bedroom size, and an analysis of alternative solutions.

(Authority: 38 U.S.C. 1730)

[54 FR 20842, May 15, 1989. Redesignated and amended at 61 FR 21965, 
21967, May 13, 1996]