[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: 38CFR17.80]

[Page 666]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 17_MEDICAL--Table of Contents
 
Sec.  17.80  Alcohol and drug dependence or abuse treatment and

rehabilitation in residential and nonresidential facilities by contract.

    (a) Alcohol and drug dependence or abuse treatment and 
rehabilitation may be authorized by contract in nonresidential 
facilities and in residential facilities provided by halfway houses, 
therapeutic communities, psychiatric residential treatment centers and 
other community-based treatment facilities, when considered to be 
medically advantageous and cost effective for the following:
    (1) Veterans who have been or are being furnished care by 
professional staff over which the Secretary has jurisdiction and such 
transitional care is reasonably necessary to continue treatment;
    (2) Persons in the Armed Forces who, upon discharge therefrom will 
become eligible veterans, when duly referred with authorization for 
Department of Veterans Affairs medical center hospital care in 
preparation for treatment and rehabilitation in this program under the 
following limitations:
    (i) Such persons may be accepted by transfer only during the last 30 
days of such person's enlistment or tour of duty,
    (ii) The person requests transfer in writing for treatment for a 
specified period of time during the last 30 days of such person's 
enlistment period or tour of duty,
    (iii) Treatment does not extend beyond the period of time specified 
in the request unless such person requests in writing an extension for a 
further specified period of time and such request is approved by the 
Department of Veterans Affairs Medical Center Director authorizing 
treatment and rehabilitation,
    (iv) Such care and treatment will be provided as if the person were 
a veteran, subject to reimbursement by the respective military service 
for the costs of hospital care and control treatment provided while the 
person is an active duty member.
    (b) The maximum period for one treatment episode is limited to 60 
days. The Department of Veterans Affairs Medical Center Director may 
authorize one 30-day extension.
    (c) Any person who has been discharged or released from active 
military, naval or air service, and who, upon application for treatment 
and rehabilitative services under the authority of this section is 
determined to be legally ineligible for such treatment or rehabilitation 
services shall be:
    (1) Provided referral services to assist the person, to the maximum 
extent possible, in obtaining treatment and rehabilitation services from 
sources outside the Department of Veterans Affairs, not at Department of 
Veterans Affairs expense and,
    (2) If pertinent, advised of the right to apply to the appropriate 
military, naval or air service and the Department of Veterans Affairs 
for review of such person's discharge or release from such service.

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

[47 FR 57706, Dec. 28, 1982. Redesignated at 61 FR 21965, May 13, 1996, 
as amended at 61 FR 56897, Nov. 5, 1996]