cfr_sections
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26 rows where part_number = 59 and title_number = 38 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 38:38:2.0.1.1.23.0.360.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.1 Purpose. | VA | This part sets forth the mechanism for a State to obtain a grant: (a) To construct State home facilities (or to acquire facilities to be used as State home facilities) for furnishing domiciliary or nursing home care to veterans, and (b) To expand, remodel, or alter existing buildings for furnishing domiciliary, nursing home, adult day health, or hospital care to veterans in State homes. | |||||||
| 38:38:2.0.1.1.23.0.360.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.50 Priority list. | VA | [66 FR 33847, June 26, 2001, as amended at 71 FR 46104, Aug. 11, 2006; 77 FR 10665, Feb. 23, 2012; 78 FR 21265, Apr. 10, 2013] | (a) The Secretary will make a list prioritizing the applications that were received on or before April 15 and that were approved under § 59.20 of this part. Except as otherwise provided in this section, applications will be prioritized from the highest to the lowest in the following order: (1) Priority group 1. An application from a State that has made sufficient funds available for the project for which the grant is requested so that such project may proceed upon approval of the grant without further action required by the State (such as subsequent issuance of bonds) to make such funds available for the project. To meet this criteria, the State must provide to VA a letter from an authorized State budget official certifying that the State funds are, or will be, available for the project, so that if VA awards the grant, the project may proceed without further State action to make such funds available (such as further action to issue bonds). If the certification is based on an Act authorizing the project and making available the State's matching funds for the project, a copy of the Act must be submitted with the certification. (i) Priority group 1—subpriority 1. An application for a life or safety project, which means a project to remedy a condition, or conditions, at an existing facility that have been cited as threatening to the lives or safety of one or more of the residents or program participants in the facility by a VA safety office, VA engineering office, or other VA office with responsibility for life and safety inspections; a State or local government agency (including a Fire Marshal); or an accrediting institution (including the Joint Commission on Accreditation of Healthcare Organizations). Unless an addition or replacement of building utility systems or features is necessary to remedy a cited threat to the lives or safety of residents and program participants, this priority group does not include applications for the addition or replacement of building utility systems or features; such application… | ||||||
| 38:38:2.0.1.1.23.0.360.11 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.60 Additional application requirements. | VA | [66 FR 33847, June 26, 2001, as amended at 73 FR 58880, Oct. 8, 2008] | For a project to be eligible for a grant under this part for the fiscal year for which the priority list was made, during that fiscal year the State must submit to VA an original and a copy of the following: (a) Complete, updated Standard Forms 424 (mark the box labeled application and submit the information requested for an application), 424C, and 424D (these forms are available on the internet Web site provided in § 59.170 of this part), and (b) A completed VA Form 10-0388-5 and all information and documentation specified by VA Form 10-0388-5 (this form is available on the internet Web site provided in § 59.170). | ||||||
| 38:38:2.0.1.1.23.0.360.12 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.70 Award of grants. | VA | [66 FR 33847, June 26, 2001, as amended at 77 FR 10665, Feb. 23, 2012] | (a) The Secretary, during the fiscal year for which a priority list is made under this part, will: (1) Award a grant for each application that has been approved under § 59.20, that is sufficiently high on the priority list so that funding is available for the application, that meets the additional application requirements in § 59.60, and that meets all other requirements under this part for obtaining a grant, or (2) Conditionally approve a grant for a project for which a State has submitted an application that substantially meets the requirements of this part if the State representative requests conditional approval and provides written assurance that the State will meet all requirements for a grant not later than 180 calendar days after the date of conditional approval. If a State that has obtained conditional approval for a project does not meet all of the requirements within 180 calendar days after the date of conditional approval, the Secretary will rescind the conditional approval and the project will be ineligible for a grant in the fiscal year in which the State failed to fully complete the application. The funds that were conditionally obligated for the project will be deobligated. (b) As a condition of receiving a grant, a State must make sufficient funds available for the project for which the grant is requested so that such project may proceed upon approval of the grant without further action required by the State (such as subsequent issuance of bonds) to make such funds available for such purpose. To meet this criteria, the State must provide to VA a letter from an authorized State budget official certifying that the State funds are, or will be, available for the project, so that if VA awards the grant, the project may proceed without further State action to make such funds available (such as further action to issue bonds). If the certification is based on an Act authorizing the project and making available the State's matching funds for the project, a copy of the Act must be submitted with the cer… | ||||||
| 38:38:2.0.1.1.23.0.360.13 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.80 Amount of grant. | VA | (a) The total cost of a project (VA and State) for which a grant is awarded under this part may not be less than $400,000 and, except as provided in paragraph (i) of this section, the total cost of a project will not exceed the total cost of new construction. The amount of a grant awarded under this part will be the amount requested by the State and approved in accordance with this part, not to exceed 65 percent of the total cost of the project except that: (1) The total cost of a project will not include the cost of space that exceeds the maximum allowable space specified in this part, and (2) The amount of the grant may be less than 65 percent of the total cost of the project if the State accepts less because VA did not have sufficient funds to award the full amount of the grant requested. (b) The total cost of a project under this part for acquisition of a facility may also include construction costs. (c) The total cost of a project under this part will not include any costs incurred before the date VA sent the State written notification that the application in § 59.20 was approved. (d) The total cost of a project under this part may include administration and production costs, e.g., architectural and engineering fees, inspection fees, and printing and advertising costs. (e) The total cost of a project under this part may include the cost of projects on the grounds of the facility, e.g., parking lots, landscaping, sidewalks, streets, and storm sewers, only if they are inextricably involved with the construction of the project. (f) The total cost of a project under this part may include the cost of equipment necessary for the operation of the State home facility. This may include the cost of: (1) Fixed equipment included in the construction or acquisition contract. Fixed equipment must be permanently affixed to the building or connected to the heating, ventilating, air conditioning, or other service distributed through the building via ducts, pipes, wires, or other connecting device. Fixed equipment mus… | |||||||
| 38:38:2.0.1.1.23.0.360.14 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.90 Line item adjustments to grants. | VA | After a grant has been awarded, upon request from the State representative, VA may approve a change in a line item (line items are identified in Form 424C which is set forth in § 59.170(o) of this part) of up to 10 percent (increase or decrease) of the cost of the line item if the change would be within the scope or objective of the project and would not change the amount of the grant. | |||||||
| 38:38:2.0.1.1.23.0.360.15 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.100 Payment of grant award. | VA | [73 FR 58880, Oct. 8, 2008] | The amount of the grant award will be paid to the State or, if designated by the State representative, the State home for which such project is being carried out or any other State agency or instrumentality. Such amount shall be paid by way of reimbursement, and in such installments consistent with the progress of the project as the Chief Consultant, Geriatrics and Extended Care, may determine and certify for payment to the appropriate Federal institution. Funds paid under this section for an approved project shall be used solely for carrying out such project as so approved. As a condition for the final payment, the State must comply with the requirements of this part based on an architectural and engineering inspection approved by VA, must obtain VA approval of the final equipment list submitted by the State representative, and must submit to VA a completed VA Form 10-0388-13 (this form is available on the internet Web site provided in § 59.170). The equipment list and the completed VA Form 10-0388-13 must be submitted to the Chief Consultant, Geriatrics and Extended Care (114), VHA Headquarters; 810 Vermont Avenue, NW.; Washington, DC 20420. | ||||||
| 38:38:2.0.1.1.23.0.360.16 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.110 Recapture provisions. | VA | If a facility for which a grant has been awarded ceases to be operated as a State home for the purpose for which the grant was made, the United States shall be entitled to recover from the State which was the recipient of the grant or from the then owner of such construction as follows: (a) If less than 20 years has lapsed since the grant was awarded, and VA provided 65 percent of the estimated cost to construct, acquire or renovate a State home facility principally for furnishing domiciliary care, nursing home care, adult day health care, hospital care, or non-institutional care to veterans, VA shall be entitled to recover 65 percent of the current value of such facility (but in no event an amount greater than the amount of assistance provided for such under these regulations), as determined by agreement of the parties or by action brought in the district court of the United States for the district in which the facility is situated. (b) Based on the time periods for grant amounts set forth below, if VA provided between 50 and 65 percent of the estimated cost of expansion, remodeling, or alteration of an existing State home facility, VA shall be entitled to recover the amount of the grant as determined by agreement of the parties or by action brought in the district court of the United States for the district in which the facility is situated: (c) If the magnitude of the VA contribution is below 50 percent of the estimated cost of the expansion, remodeling, or alteration of an existing State home facility recognized by the Department of Veterans Affairs, the Under Secretary for Health may authorize a recovery period between 7 and 20 years depending on the grant amount involved and the magnitude of the project. (d) This section does not apply to any portion of a State home in which VA has established and operates an outpatient clinic. | |||||||
| 38:38:2.0.1.1.23.0.360.17 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.120 Hearings. | VA | If the Secretary determines that a submission from a State does not meet the requirements of this part, the Secretary will advise the State by letter that a grant is tentatively denied, explain the reasons for the tentative denial, and inform the State of the opportunity to appeal to the Board of Veterans' Appeals pursuant to 38 U.S.C. 7105. Decisions under this part are not subject to the provisions of § 17.133 of this order. | |||||||
| 38:38:2.0.1.1.23.0.360.18 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.121 Amendments to application. | VA | Any amendment of an application that changes the scope of the application or changes the cost estimates by 10 percent or more shall be subject to approval in the same manner as an original application. | |||||||
| 38:38:2.0.1.1.23.0.360.19 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.122 Withdrawal of application. | VA | A State representative may withdraw an application by submitting to VA a written document requesting withdrawal. | |||||||
| 38:38:2.0.1.1.23.0.360.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.2 Definitions. | VA | [66 FR 33847, June 26, 2001, as amended at 75 FR 17860, Apr. 8, 2010] | For the purpose of this part: Acquisition means the purchase of a facility in which to establish a State home for the provision of domiciliary and/or nursing home care to veterans. Adult day health care is a therapeutically-oriented outpatient day program, which provides health maintenance and rehabilitative services to participants. The program must provide individualized care delivered by an interdisciplinary health care team and support staff, with an emphasis on helping participants and their caregivers to develop the knowledge and skills necessary to manage care requirements in the home. Adult day health care is principally targeted for complex medical and/or functional needs of elderly veterans. Construction means the construction of new domiciliary or nursing home buildings, the expansion, remodeling, or alteration of existing buildings for the provision of domiciliary, nursing home, or adult day health care, or hospital care in State homes, and the provision of initial equipment for any such buildings. Domiciliary care means providing shelter, food, and necessary medical care on an ambulatory self-care basis (this is more than room and board). It assists eligible veterans who are suffering from a disability, disease, or defect of such a degree that incapacitates veterans from earning a living, but who are not in need of hospitalization or nursing care services. It assists in attaining physical, mental, and social well-being through special rehabilitative programs to restore residents to their highest level of functioning. Nursing home care means the accommodation of convalescents or other persons who are not acutely ill and not in need of hospital care, but who require skilled nursing care and related medical services. Secretary means the Secretary of the United States Department of Veterans Affairs. State means each of the several states, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.… | ||||||
| 38:38:2.0.1.1.23.0.360.20 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.123 Conference. | VA | At any time, VA may recommend that a conference (such as a design development conference) be held in VA Central Office in Washington, DC, to provide an opportunity for the State and its architects to discuss requirements for a grant with VA officials. | |||||||
| 38:38:2.0.1.1.23.0.360.21 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.124 Inspections, audits, and reports. | VA | [66 FR 33847, June 26, 2001, as amended at 80 FR 43323, July 22, 2015] | (a) A State will allow VA inspectors and auditors to conduct inspections and audits as necessary to ensure compliance with the provisions of this part. The State will provide evidence that it has met its responsibility under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 CFR part 200 and submit that evidence to VA. (b) A State will make such reports in such form and containing such information as the Chief Consultant, Geriatrics and Extended Care, may from time to time reasonably require and give the Chief Consultant, Geriatrics and Extended Care, upon demand, access to the records upon which such information is based. | ||||||
| 38:38:2.0.1.1.23.0.360.22 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.130 General requirements for all State home facilities. | VA | [66 FR 33847, June 26, 2001, as amended at 76 FR 10249, Feb. 24, 2011; 80 FR 44862, July 28, 2015] | As a condition for receiving a grant and grant funds under this part, States must comply with the requirements of this section. (a) The physical environment of a State home must be designed, constructed, equipped, and maintained to protect the health and safety of participants, personnel and the public. (b) A State home must meet the general conditions of the American Institute of Architects, or other general conditions required by the State, for awarding contracts for State home grant projects. Facilities must meet all Federal, State, and local requirements, including the Uniform Federal Accessibility Standards (UFAS) (24 CFR part 40, appendix A), during the design and construction of projects subject to this part. If the State or local requirements are different from the Federal requirements, compliance with the most stringent provisions is required. A State must design and construct the project to provide sufficient space and equipment in dining, health services, recreation, and program areas to enable staff to provide residents with needed services as required by this part and as identified in each resident's plan of care. (c) State homes should be planned to approximate the home atmosphere as closely as possible. The interior and exterior should provide an attractive and home-like environment for elderly residents. The site will be located in a safe, secure, residential-type area that is accessible to acute medical care facilities, community activities and amenities, and transportation facilities typical of the area. (d)(1) State homes must meet the applicable provisions of NFPA 101, Life Safety Code, except that the NFPA requirement in paragraph 19.3.5.1 for all buildings containing nursing homes to have an automatic sprinkler system is not applicable until February 24, 2016 for “existing buildings” with nursing home facilities as of June 25, 2001 (paragraph 3.3.36.5 in the NFPA 101 defines an “[e]xisting [b]uilding” as “[a] building erected or officially authorized prior to the effective date of the ad… | ||||||
| 38:38:2.0.1.1.23.0.360.23 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.140 Nursing home care requirements. | VA | As a condition for receiving a grant and grant funds for a nursing home facility under this part, States must comply with the requirements of this section. (a) Resident rooms must be designed and equipped for adequate nursing care, comfort, and privacy of residents. Resident rooms must: (1) Accommodate no more than four residents; (2) Have direct access to an exit corridor; (3) Have at least one window to the outside; (4) Be equipped with, or located near, toilet and bathing facilities (VA recommends that public toilet facilities also be located near the residents dining and recreational areas); (5) Be at or above grade level; (6) Be designed or equipped to ensure full visual privacy for each resident; (7) Except in private rooms, each bed must have ceiling suspended curtains that extend around the bed to provide total visual privacy in combination with adjacent walls and curtains; (8) Have a separate bed for each resident of proper size and height for the safety of the resident; (9) Have a clean, comfortable mattress; (10) Have bedding appropriate to the weather and climate; (11) Have functional furniture appropriate to the resident's needs, and (12) Have individual closet space with clothes racks and shelves accessible to the resident. (b) Unless determined by VA as necessary to accommodate an increased quality of care for patients, a nursing home project may propose a deviation of no more than 10 percent (more or less) from the following net square footage for the State to be eligible for a grant of 65 percent of the total estimated cost of the project. If the project proposes building more than the following net square footage and VA makes a determination that it is not needed, the cost of the additional net square footage will not be included in the estimated total cost of construction. Table to Paragraph ( b )—Nursing Home 1 The size to be determined by the Chief Consultant, Geriatrics and Extended Care, as necessary to accommodate projected patient care needs (must be justified by State in… | |||||||
| 38:38:2.0.1.1.23.0.360.24 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.150 Domiciliary care requirements. | VA | As a condition for receiving a grant and grant funds for a domiciliary under this part, the domiciliary must meet the requirements for a nursing home specified in § 59.140 of this part. | |||||||
| 38:38:2.0.1.1.23.0.360.25 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.160 Adult day health care requirements. | VA | As a condition for receiving a grant and grant funds under this part for an adult day health care facility, States must meet the requirements of this section. (a) Each adult day health care program, when it is co-located in a nursing home, domiciliary, or other care facility, must have its own separate designated space during operational hours. (b) The indoor space for an adult day health care program must be at least 100 square feet per participant including office space for staff, and must be 60 square feet per participant excluding office space for staff. (c) Each program will need to design and partition its space to meet its own needs, but the following functional areas must be available: (1) A dividable multipurpose room or area for group activities, including dining, with adequate table setting space. (2) Rehabilitation rooms or an area for individual and group treatments for occupational therapy, physical therapy, and other treatment modalities. (3) A kitchen area for refrigerated food storage, the preparation of meals and/or training participants in activities of daily living. (4) An examination and/or medication room. (5) A quiet room (with at least one bed), which functions to isolate participants who become ill or disruptive, or who require rest, privacy, or observation. It should be separate from activity areas, near a restroom, and supervised. (6) Bathing facilities adequate to facilitate bathing of participants with functional impairments. (7) Toilet facilities and bathrooms easily accessible to people with mobility problems, including participants in wheelchairs. There must be at least one toilet for every eight participants. The toilets must be equipped for use by persons with limited mobility, easily accessible from all programs areas, i.e. , preferably within 40 feet from that area, designed to allow assistance from one or two staff, and barrier free. (8) Adequate storage space. There should be space to store arts and crafts materials, personal clothing and belongings, wheelchairs, … | |||||||
| 38:38:2.0.1.1.23.0.360.26 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.170 Forms. | VA | [73 FR 58880, Oct. 8, 2008] | All forms required by this part are available on the internet at “ http://www.va.gov/forms/” for VA Forms and at “ http://www.gsa.gov” for Standard Forms, or at the Veterans Health Administration, Room 789, 810 Vermont Ave., NW., Washington, DC 20420. | ||||||
| 38:38:2.0.1.1.23.0.360.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.3 Federal Application Identifier. | VA | Once VA has provided the State representative with a Federal Application Identifier Number for a project, the number must be included on all subsequent written communications to VA from the State, or its agent, regarding a request for a grant for that project under this part. | |||||||
| 38:38:2.0.1.1.23.0.360.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.4 Decisionmakers, notifications, and additional information. | VA | [66 FR 33847, June 26, 2001, as amended at 78 FR 21265, Apr. 10, 2013] | The decisionmaker for decisions required under this part will be the Director, Capital Asset Management and Support, unless specified to be the Secretary or other VA official. The VA decisionmaker will provide written notice to affected States of approvals, denials, or requests for additional information under this part. | ||||||
| 38:38:2.0.1.1.23.0.360.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.5 Submissions of information and documents to VA. | VA | [66 FR 33847, June 26, 2001, as amended at 78 FR 21265, Apr. 10, 2013] | All submissions of information and documents required to be presented to VA must be made, unless otherwise specified under this part, to the Director, Capital Asset Management and Support (10NA5), VA Central Office, 810 Vermont Avenue, NW., Washington, DC 20420. | ||||||
| 38:38:2.0.1.1.23.0.360.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.10 General requirements for a grant. | VA | For a State to obtain a grant under this part and grant funds, its initial application for the grant must be approved under § 59.20, and the project must be ranked sufficiently high on the priority list for the current fiscal year so that funding is available for the project. It must meet the additional application requirements in § 59.60, and it must meet all other requirements under this part for obtaining a grant and grant funds. | |||||||
| 38:38:2.0.1.1.23.0.360.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.20 Initial application requirements. | VA | [66 FR 33847, June 26, 2001, as amended at 73 FR 58880, Oct. 8, 2008; 77 FR 10665, Feb. 23, 2012] | (a) For a project to be considered for inclusion on the priority list in § 59.50 of this part for the next fiscal year, a State must submit to VA an original and one copy of a completed VA Form 10-0388-1 and all information, documentation, and other forms specified by VA Form 10-0388-1 (these forms are available on the internet Web sites provided in § 59.170 of this part). (b) The Secretary, based on the information submitted for a project pursuant to paragraph (a) of this section, will approve the project for inclusion on the priority list in § 59.50 of this part if the submission includes all of the information requested under paragraph (a) of this section and if the submission represents a project that, if further developed, could meet the requirements for a grant under this part. (c) The items requested under paragraph (a) of this section must be received by VA no later than April 15 in order for VA to include the application on the priority list for the award of grants during the next fiscal year. See § 59.50, Priority List. (d) If a State representative believes that VA may not award a grant to the State for a grant application during the current fiscal year and wants to ensure that VA includes the application on the priority list for the next fiscal year, the State representative must, prior to April 15 of the current fiscal year, (1) Request VA to include the application in those recommended to the Secretary for inclusion on the priority list, and (2) Send any updates to VA. | ||||||
| 38:38:2.0.1.1.23.0.360.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.30 Documentation. | VA | For a State to obtain a grant and grant funds under this part, the State must submit to VA documentation that the site of the project is in reasonable proximity to a sufficient concentration and population of veterans that are 65 years of age and older and that there is a reasonable basis to conclude that the facility when complete will be fully occupied. This documentation must be included in the initial application submitted to VA under § 59.20. | |||||||
| 38:38:2.0.1.1.23.0.360.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 59 | PART 59—GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES | § 59.40 Maximum number of nursing home care and domiciliary care beds for veterans by State. | VA | [66 FR 33847, June 26, 2001, as amended at 75 FR 17860, Apr. 8, 2010] | (a) Except as provided in paragraph (b) of this section, a state may not request a grant for a project to construct or acquire a new state home facility, to increase the number of beds available at a state home facility, or to replace beds at a state home facility if the project would increase the total number of state home nursing home and domiciliary beds in that state beyond the maximum number designated for that state, as shown in the following chart. The provisions of 38 U.S.C. 8134 require VA to prescribe for each state the number of nursing home and domiciliary beds for which grants may be furnished ( i.e. , the unmet need). A state's unmet need for state home nursing home and domiciliary beds is the number in the following chart for that state minus the sum of the number of nursing home and domiciliary beds in operation at state home facilities and the number of state home nursing home and domiciliary beds not yet in operation but for which a grant has either been requested or awarded under this part. The provisions of 38 U.S.C. 8134 require that the “un-met need” numbers be based on a 10-year projection of demand for nursing home and domiciliary care by veterans who at such time are 65 years of age or older and who reside in that state. In determining the projected demand, VA must take into account travel distances for veterans and their families. (b) A State may request a grant for a project that would increase the total number of State nursing home and domiciliary beds beyond the maximum number for that State, if the State submits to VA, documentation to establish a need for the exception based on travel distances of at least two hours (by land transportation or any other usual mode of transportation if land transportation is not available) between a veteran population center sufficient for the establishment of a State home and any existing State home. The determination regarding a request for an exception will be made by the Secretary. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);