[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: 38CFR17.81] [Page 666-668] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 17_MEDICAL--Table of Contents Sec. 17.81 Contracts for residential treatment services for veterans with alcohol or drug dependence or abuse disabilities. (a) Contracts for treatment services authorized under Sec. 17.80(a) may be awarded in accordance with applicable Department of Veterans Affairs and Federal procurement procedures. Such contracts will be awarded only after the quality and effectiveness, including adequate protection for the safety of the residents of the contractor's program, has been determined and then only to contractors, determined by the Under Secretary for Health or designee to meet the following requirements. (1) Meet fire safety requirements as follows: (i) The building must meet the requirements of the applicable residential occupancy chapters (1-7, 22-23, and 31) and Appendix A of the NFPA 101, National Fire Protection Association's Life Safety Code (1994 edition) which are incorporated by reference. Incorporation by reference of these materials was approved by the Director of the Federal Register, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These [[Page 667]] materials incorporated by reference are available for inspection at the Department of Veterans Affairs, Office of Regulations Management (02D), Room 1154, 810 Vermont Avenue, NW., Washington, DC 20420 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal--register/code--of--federal-- regulations/ibr--locations.html. Copies may be obtained from the National Fire Protection Association, Battery March Park, Quincy, MA 02269. (For ordering information, call toll-free 1-800-344-3555.) Any equivalencies or variances to Department of Veterans Affairs requirements must be approved by the appropriate Veterans Health Administration Veterans Integrated Service Networks (VISN) Director. (ii) Where applicable, the home must have a current occupancy permit issued by the local and state governments in the jurisdiction where the home is located. (iii) All Department of Veterans Affairs sponsored residents will be mentally and physically capable of leaving the building, unaided, in the event of an emergency. Halfway house, therapeutic community and other residential program management must agree that all the other residents in any building housing veterans will also have such capability. (iv) There must be at least one staff member on duty 24 hours a day. (v) Fire exit drills must be held at least quarterly. Residents must be instructed in evacuation procedures when the primary and/or secondary exits are blocked. A written fire plan for evacuation in the event of fire shall be developed and reviewed annually. The plan shall outline the duties, responsibilities and actions to be taken by the staff and residents in the event of a fire emergency. This plan shall be implemented during fire exit drills. (vi) A written policy regarding tobacco smoking in the facility shall be established and enforced. (vii) Portable fire extinguishers shall be installed at the facility. Use NFPA 10, Portable Fire Extinguishers, as guidance in selection and location requirements of extingushers. (viii) Requirements for fire protection equipment and systems shall be in accordance with NFPA 101. Where installed, maintenance and testing of these systems/equipment shall include the following: (A) The fire alarm system shall be test operated at least semi- annually. (B) All smoke detectors shall be test operated, by activation of the smoke detector, at least semi-annually. (C) The monthly and annual inspections and the maintenance of the extinguishers shall be in accordance with NFPA 10. (D) All fire protection systems and equipment, such as the fire alarm system, smoke detectors, and portable extinguishers, shall be inspected, tested and maintained in accordance with the applicable NFPA fire codes and the results documented. (ix) An annual fire and safety inspection shall be conducted at the halfway house or residential facility by qualified Department of Veterans Affairs personnel. If a review of past Department of Veterans Affairs inspections or inspections made by the local authorities indicates that a fire and safety inspection would not be necessary, then the visit to the facility may be waived. (2) Be in compliance with existing standards of State safety codes and local, and/or State health and sanitation codes. (3) Be licensed under State or local authority. (4) Where applicable, be accredited by the State. (5) Comply with the requirements of the ``Confidentiality of Alcohol and Drug Abuse Patient Records'' (42 CFR part II) and the ``Confidentiality of Certain Medical Records'' (38 U.S.C. 7332), which shall be part of the contract. (6) Demonstrate an existing capability to furnish the following: (i) A supervised alcohol and drug free environment, including active affiliation with Alcoholics Anonymous (AA) programs. (ii) Staff sufficient in numbers and position qualifications to carry out the policies, responsibilities, and programs of the facility. [[Page 668]] (iii) Board and room. (iv) Laundry facilities for residents to do their own laundry. (v) Structured activities. (vi) Appropriate group activities, including physical activities. (vii) Health and personal hygiene maintenance. (viii) Monitoring administration of medications. (ix) Supportive social service. (x) Individual counseling as appropriate. (xi) Opportunities for learning/development of skills and habits which will enable Department of Veterans Affairs sponsored residents to adjust to and maintain freedom from dependence on or involvement with alcohol or drug abuse or dependence during or subsequent to leaving the facility. (xii) Support for the individual desire for sobriety (alcohol/drug abuse-free life style). (xiii) Opportunities for learning, testing, and internalizing knowledge of illness/recovery process, and for upgrading skills and improving personal relationships. (7) Data normally maintained and included in a medical record as a function of compliance with State or community licensing standards will be accessible. (b) Representatives of the Department of Veterans Affairs will inspect the facility prior to award of a contract to assure that prescribed requirements can be met. Inspections may also be carried out at such other times as deemed necessary by the Department of Veterans Affairs. (c) All requirements in this rule, and Department of Veterans Affairs reports of inspection of residential facilities furnishing treatment and rehabilitation services to eligible veterans shall to the extent possible, be made available to all government agencies charged with the responsibility of licensing or otherwise regulating or inspecting such institutions. (d) An individual case record will be created for each client which shall be maintained in security and confidence as required by the ``Confidentiality of Alcohol and Drug Abuse Patient Records'' (42 CFR part 2) and the ``Confidentiality of Certain Medical Records'' (38 U.S.C. 7332), and will be made available on a need to know basis to appropriate Department of Veterans Affairs staff members involved with the treatment program of the veterans concerned. (e) Contractors under this section shall provide reports of budget and case load experience upon request from a Department of Veterans Affairs official. (Authority: 38 U.S.C. 1720A) [47 FR 57707, Dec. 28, 1982. Redesignated and amended at 61 FR 21965, 21967, May 13, 1996; 61 FR 63720, Dec. 2, 1996; 69 FR 18803, Apr. 9, 2004]