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38 CFR Part 60 — Fisher Houses and Other Temporary Lodging

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PART 60—FISHER HOUSES AND OTHER TEMPORARY LODGING Authority: 38 U.S.C. 501, 1708. Source: 77 FR 59089, Sept. 26, 2012, unless otherwise noted. § 60.1 Purpose and scope. This part applies to Fisher House and other temporary lodging furnished by VA while a veteran is experiencing an episode of care at a VA health care facility. (Authority: 38 U.S.C. 501, 1708) § 60.2 Definitions. For the purposes of this part: Accompanying individual Compensation and pension examination Episode of care (1) An appointment at a VA health care facility to receive health care or a compensation and pension examination. (2) Extended outpatient treatment, such as treatment associated with organ transplant, chemotherapy, or radiation. (3) Hospitalization for a critical injury or illness; where death is imminent; or where a veteran is unable to make medical decisions for him/herself and the accompanying individual is authorized to make such decisions on the veteran's behalf. Fisher House Other temporary lodging (1) Lodging at a temporary lodging facility, other than a Fisher House, located at a VA health care facility (generally referred to as a “hoptel”); (2) A hotel or motel; (3) Non-utilized beds at a VA health care facility designated as lodging beds; and (4) Other donated lodging to be used on a temporary basis in accordance with 38 U.S.C. 1708. VA (Authority: 38 U.S.C. 501, 1708) § 60.3 Other donated temporary lodging. Whenever VA receives, from a source other than the Fisher House Foundation, an undesignated donation of lodging to be used on a temporary basis, the lodging will be designated as if it were Fisher House lodging or be treated as other temporary lodging based upon the types of lodging available in the area. If VA receives a gift that specifies the terms of the lodging provided, VA will use the lodging provided in the manner specified by the donor. (Authority: 38 U.S.C. 501, 1708, 8103, 8104) § 60.10 Eligibility criteria for Fisher House or other temporary lodging. (a) General. (b) Eligible persons Fisher House. Note: VA does not impose a general limit on the number of persons who may accompany a veteran, but VA may in specific cases provide lodging to only a specific number of persons due to space or resource limitations. (2) Other temporary lodging. Note: VA does not impose a general limit on the number of persons who may accompany a veteran, but VA may in specific cases provide lodging to only a specific number of persons due to space or resource limitations. (c) Condition of the veteran. (1) Medically stable and capable of self-care; or (2) Accompanied by an individual who is able to provide all necessary care. (d) Travel time/distance requirement. (e) Special authority for organ transplant cases. (Authority: 38 U.S.C. 501, 1708, 1710(a)) [77 FR 59089, Sept. 26, 2012, as amended at 82 FR 26594, June 8, 2017] § 60.15 Process for requesting Fisher House or other temporary lodging. (a) Submitting requests. (b) Processing requests. (2) Temporary lodging is granted on a space-available basis, with some consideration given to the compatibility of the applicant(s) and the room(s) available. For example, although VA may require an applicant to share a room with another veteran's accompanying individual, VA would not do so if the persons affected are not the same gender. (3) Temporary lodging at a VA health care facility, such as non-utilized beds in a VA health care facility, may be made available only if not barred by law and if the Director of the VA health care facility determines that such action would not have a negative impact on patient care. Non-utilized beds provided to accompanying individuals must be reassigned to VA patients when necessary. (4) The Director of the VA health care facility of jurisdiction will determine whether local funding is sufficient to allow the use of temporary lodging in hotels and motels. (5) Subject to all criteria provided in this part, the person responsible for coordinating the Fisher House and other temporary lodging program(s) at the VA health care facility of jurisdiction is responsible for making decisions to grant temporary lodging. These decisions are considered to be final VA decisions concerning individual medical treatment plans and the scheduling and use of VA lodging facilities, and they are not appealable to the Board of Veterans' Appeals. (6) If VA denies a request for one type of lodging, such as at a Fisher House, the request will be considered for other temporary lodging and vice versa, if the requester is eligible. (7) If VA denies a request for temporary lodging, VA will refer the request to a VA social worker at the VA health care facility of jurisdiction to determine if other arrangements can be made. (c) Costs for Fisher House and other temporary lodging under this part are borne by VA. (The Office of Management and Budget has approved the information collection requirements in this section under OMB control number 2900-0630) (Authority: 38 U.S.C. 501, 1708) [77 FR 59089, Sept. 26, 2012, as amended at 82 FR 26594, June 8, 2017; 82 FR 35905, Aug. 2, 2017] § 60.20 Duration of Fisher House or other temporary lodging. Fisher House or other temporary lodging may be awarded for the following periods: (a) While the veteran is undergoing an episode of care. (b) While the veteran is hospitalized, if the veteran is admitted to a VA health care facility while undergoing an outpatient episode of care for which temporary lodging was already provided. (c) As extended by the appropriate VA clinician or social worker based on an emergency situation or unforeseen circumstances. (d) For an indefinite period for accompanying individuals who are visiting veterans hospitalized for an indefinite period, provided that the accompanying individual is not using a VA health care facility bed. Whether a veteran is hospitalized for an indefinite period will be based upon the treatment or rehabilitation needs of the veteran as determined by the veteran's health care team. (e) Temporary lodging may be furnished the night before the day of a scheduled appointment if, the veteran leaving home after 8:00 a.m., would be unable to arrive at the VA health care facility by the time of the scheduled appointment. (f) Temporary lodging may be furnished the night of the scheduled appointment if, after the appointment, the veteran would be unable to return home before 7:00 p.m. When a veteran is undergoing outpatient treatment or procedures the veteran and accompanying individual(s) may be furnished temporary lodging for the duration of the episode of care subject to limitations described in this section. (Authority: 38 U.S.C. 501, 1708)

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