cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
10 rows where part_number = 71 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 38:38:2.0.1.1.30.0.360.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 71 | PART 71—CAREGIVERS BENEFITS AND CERTAIN MEDICAL BENEFITS OFFERED TO FAMILY MEMBERS OF VETERANS | § 71.10 Purpose and scope. | VA | [76 FR 26172, May 5, 2011, as amended at 80 FR 1376, Jan. 9, 2015; 85 FR 46293, July 31, 2020] | (a) Purpose. This part implements the Program of Comprehensive Assistance for Family Caregivers, which, among other things, provides certain benefits to eligible veterans who have incurred or aggravated serious injuries during military service, and to their caregivers. This part also implements the Program of General Caregiver Support Services, which provides support services to caregivers of covered veterans from all eras who are enrolled in the VA health care system. (b) Scope. This part regulates the provision of benefits under the Program of Comprehensive Assistance for Family Caregivers and the Program of General Caregiver Support Services authorized by 38 U.S.C. 1720G. Persons eligible for such benefits may be eligible for other VA benefits based on other laws or other parts of this title. These benefits are provided only to those individuals residing in a State as that term is defined in 38 U.S.C. 101(20). | ||||||
| 38:38:2.0.1.1.30.0.360.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 71 | PART 71—CAREGIVERS BENEFITS AND CERTAIN MEDICAL BENEFITS OFFERED TO FAMILY MEMBERS OF VETERANS | § 71.50 Provision of certain counseling, training, and mental health services to certain family members of veterans. | VA | [76 FR 26172, May 5, 2011, as amended at 85 FR 46300, July 31, 2020] | (a) Benefits provided under this section. VA will provide consultation, professional counseling, marriage and family counseling, training, and mental health services to a family member when necessary in connection with the treatment of a disability for which the veteran is receiving treatment through VA. For the purposes of this section, provision of a benefit is “in connection with the treatment” of a veteran's disability if, in the clinical judgment of a VA medical professional who is providing treatment to the veteran, the provision of the benefit to the family member would further the objectives of the veteran's medical treatment plan. The listed benefits provided under this section are to be provided within the following guidelines: (1) All benefits will consist of psychotherapy, counseling, training, or education; VA will not provide prescriptions or medications to family members. VA also will not provide inpatient services under this section. (2) This section does not authorize the provision of clinical evaluation or treatment that is not necessary in connection with the veteran's treatment or that involves treatment other than consultation, professional counseling, marriage and family counseling, training, and mental health services. (3) Marriage and family counseling includes services to help the veteran address mental health issues, manage physical health problems, and strengthen environmental supports as specified in the veteran's treatment plan. It also includes interventions to reduce the negative impact for the veteran of mental illnesses or other medical conditions in family members. (b) Definition of family member. For the purpose of this section, which provides certain benefits and services to eligible family members, a family member is: (1) A person related to the veteran by birth or marriage who lives with the veteran or has regular personal contact with the veteran; (2) The veteran's legal guardian or surrogate; (3) A Primary or Secondary Family Caregiver or a General Caregiver; or … | ||||||
| 38:38:2.0.1.1.30.0.360.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 71 | PART 71—CAREGIVERS BENEFITS AND CERTAIN MEDICAL BENEFITS OFFERED TO FAMILY MEMBERS OF VETERANS | § 71.15 Definitions. | VA | [76 FR 26172, May 5, 2011, as amended at 80 FR 1376, Jan. 9, 2015; 85 FR 46293, July 31, 2020; 87 FR 57608, Sept. 21, 2022] | For the purposes of this part: Domestic violence (DV) refers to any violence or abuse that occurs within the domestic sphere or at home, and may include child abuse, elder abuse, and other types of interpersonal violence. Eligible veteran means a veteran, or a servicemember, who is found eligible for a Family Caregiver under § 71.20. Family Caregiver means both a Primary and Secondary Family Caregiver. Financial planning services means services focused on increasing financial capability and assisting the Primary Family Caregiver in developing a plan to manage the personal finances of the Primary Family Caregiver and the eligible veteran, as applicable, to include household budget planning, debt management, retirement planning review and education, and insurance review and education. General Caregiver means an individual who meets the requirements of § 71.35. In need of personal care services means that the eligible veteran requires in-person personal care services from another person, and without such personal care services, alternative in-person caregiving arrangements (including respite care or assistance of an alternative caregiver) would be required to support the eligible veteran's safety. In the best interest means, for the purpose of determining whether it is in the best interest of the veteran or servicemember to participate in the Program of Comprehensive Assistance for Family Caregivers under 38 U.S.C. 1720G(a), a clinical determination that participation in such program is likely to be beneficial to the veteran or servicemember. Such determination will include consideration, by a clinician, of whether participation in the program significantly enhances the veteran's or servicemember's ability to live safely in a home setting, supports the veteran's or servicemember's potential progress in rehabilitation, if such potential exists, increases the veteran's or servicemember's potential independence, if such potential exists, and creates an environment that supports the health and well-being o… | ||||||
| 38:38:2.0.1.1.30.0.360.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 71 | PART 71—CAREGIVERS BENEFITS AND CERTAIN MEDICAL BENEFITS OFFERED TO FAMILY MEMBERS OF VETERANS | § 71.20 Eligible veterans and servicemembers. | VA | [85 FR 46295, July 31, 2020, as amended at 86 FR 52618, Sept. 22, 2021; 87 FR 57608, Sept. 21, 2022; 90 FR 46480, Sept. 29, 2025] | A veteran or servicemember is eligible for a Family Caregiver under this part if he or she meets the criteria in paragraph (a), (b), or (c) of this section, subject to the limitations set forth in such paragraphs. (a) A veteran or servicemember is eligible for a Primary or Secondary Family Caregiver under this part if he or she meets all of the following requirements: (1) The individual is either: (i) A veteran; or (ii) A member of the Armed Forces undergoing a medical discharge from the Armed Forces. (2) The individual has a serious injury incurred or aggravated in the line of duty in the active military, naval, or air service: (i) On or after September 11, 2001; (ii) Effective October 1, 2020, on or before May 7, 1975; or (iii) Effective October 1, 2022, after May 7, 1975 and before September 11, 2001. (3) The individual is in need of personal care services for a minimum of six continuous months based on any one of the following: (i) An inability to perform an activity of daily living; or (ii) A need for supervision, protection, or instruction. (4) It is in the best interest of the individual to participate in the program. (5) Personal care services that would be provided by the Family Caregiver will not be simultaneously and regularly provided by or through another individual or entity. (6) The individual receives care at home or will do so if VA designates a Family Caregiver. (7) The individual receives ongoing care from a primary care team or will do so if VA designates a Family Caregiver. (b) For eight years beginning on October 1, 2020, a veteran or servicemember is eligible for a Primary or Secondary Family Caregiver under this part if he or she is a legacy participant. (c) For eight years beginning on October 1, 2020, a veteran or servicemember is eligible for a Primary or Secondary Family Caregiver under this part if he or she is a legacy applicant. | ||||||
| 38:38:2.0.1.1.30.0.360.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 71 | PART 71—CAREGIVERS BENEFITS AND CERTAIN MEDICAL BENEFITS OFFERED TO FAMILY MEMBERS OF VETERANS | § 71.25 Approval and designation of Primary and Secondary Family Caregivers. | VA | [76 FR 26172, May 5, 2011, as amended at 80 FR 1377, Jan. 9, 2015; 85 FR 46295, July 31, 2020; 87 FR 57608, Sept. 21, 2022] | (a) Application requirement. (1) Individuals who wish to be considered for designation by VA as Primary or Secondary Family Caregivers must submit a joint application, along with the veteran or servicemember. Individuals interested in serving as Family Caregivers must be identified as such on the joint application, and no more than three individuals may serve as Family Caregivers at one time for an eligible veteran, with no more than one serving as the Primary Family Caregiver and no more than two serving as Secondary Family Caregivers. (2)(i) Upon receiving such application, VA (in collaboration with the primary care team to the maximum extent practicable) will perform the evaluations required to determine the eligibility of the applicants under this part, and if eligible, determine the applicable monthly stipend amount under § 71.40(c)(4). Notwithstanding the first sentence, VA will not evaluate a veteran's or servicemember's eligibility under § 71.20 when a joint application is received to add a Secondary Family Caregiver for an eligible veteran who has a designated Primary Family Caregiver. (ii) Individuals who apply to be Family Caregivers must complete all necessary eligibility evaluations (along with the veteran or servicemember), education and training, and the initial home-care assessment (along with the veteran or servicemember) so that VA may complete the designation process no later than 90 days after the date the joint application was received by VA. If such requirements are not complete within 90 days from the date the joint application is received by VA, the joint application will be denied, and a new joint application will be required. VA may extend the 90-day period based on VA's inability to complete the eligibility evaluations, provide necessary education and training, or conduct the initial home-care assessment, when such inability is solely due to VA's action. (3)(i) Except as provided in this paragraph, joint applications received by VA before October 1, 2020 will be evaluated by VA bas… | ||||||
| 38:38:2.0.1.1.30.0.360.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 71 | PART 71—CAREGIVERS BENEFITS AND CERTAIN MEDICAL BENEFITS OFFERED TO FAMILY MEMBERS OF VETERANS | § 71.30 Reassessment of Eligible Veterans and Family Caregivers. | VA | [85 FR 46296, July 31, 2020, as amended at 86 FR 52618, Sept. 22, 2021; 87 FR 57608, Sept. 21, 2022; 90 FR 46480, Sept. 29, 2025] | (a) Except as provided in paragraphs (b) and (c) of this section, the eligible veteran and Family Caregiver will be reassessed by VA (in collaboration with the primary care team to the maximum extent practicable) on an annual basis to determine their continued eligibility for participation in PCAFC under this part. Reassessments will include consideration of whether the eligible veteran is unable to self-sustain in the community for purposes of the monthly stipend rate under § 71.40(c)(4)(i)(A). Reassessment may include a visit to the eligible veteran's home. (b) Reassessments may occur more frequently than annually if a determination is made and documented by VA that more frequent reassessment is appropriate. (c) Reassessments may occur on a less than annual basis if a determination is made and documented by VA that an annual reassessment is unnecessary. (d) Failure of the eligible veteran or Family Caregiver to participate in any reassessment pursuant to this section will result in revocation pursuant to § 71.45, Revocation and Discharge of Family Caregivers. (e)(1) If the eligible veteran meets the requirements of § 71.20(b) or (c) ( i.e., is a legacy participant or a legacy applicant), the eligible veteran and Family Caregiver will be reassessed by VA (in collaboration with the primary care team to the maximum extent practicable) within the eight-year period beginning on October 1, 2020 to determine whether the eligible veteran meets the requirements of § 71.20(a). This reassessment may include a visit to the eligible veteran's home. If the eligible veteran meets the requirements of § 71.20(a), the reassessment will consider whether the eligible veteran is unable to self-sustain in the community for purposes of the monthly stipend rate under § 71.40(c)(4)(i)(A). (2) Notwithstanding paragraph (e)(1) of this section, a reassessment will not be completed under paragraph (e)(1) if at some point before a reassessment is completed during the eight-year period beginning on October 1, 2020 the individual no lon… | ||||||
| 38:38:2.0.1.1.30.0.360.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 71 | PART 71—CAREGIVERS BENEFITS AND CERTAIN MEDICAL BENEFITS OFFERED TO FAMILY MEMBERS OF VETERANS | § 71.35 General Caregivers. | VA | [76 FR 26172, May 5, 2011, as amended at 80 FR 1377, Jan. 9, 2015. Redesignated and amended at 85 FR 46296, July 31, 2020] | (a) A General Caregiver is a person who: (1) Is not a Primary or Secondary Family Caregiver; and (2) Provides personal care services to a covered veteran under this section, even if the individual does not reside with the veteran. (b) A covered veteran, for purposes of this section, is a veteran who is enrolled in the VA health care system and needs personal care services because the veteran either: (1) Is unable to perform an activity of daily living; or (2) Needs supervision or protection based on symptoms or residuals of neurological or other impairment or injury. (c) No application or clinical evaluation is required to obtain benefits as a General Caregiver. Veterans or General Caregivers may request any of the benefits listed in § 71.40(a) as needed, from the appropriate VA clinicians and staff at their local VA facilities. (d) A veteran is not required to meet the eligibility requirements in § 71.20 to be considered a covered veteran. | ||||||
| 38:38:2.0.1.1.30.0.360.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 71 | PART 71—CAREGIVERS BENEFITS AND CERTAIN MEDICAL BENEFITS OFFERED TO FAMILY MEMBERS OF VETERANS | § 71.40 Caregiver benefits. | VA | [76 FR 26172, May 5, 2011, as amended at 80 FR 1377, Jan. 9, 2015; 85 FR 46296, July 31, 2020; 86 FR 52618, Sept. 22, 2021; 87 FR 57608, Sept. 21, 2022; 90 FR 46480, Sept. 29, 2025] | (a) General Caregiver benefits. VA will provide to General Caregivers all of the benefits listed in paragraphs (a)(1) through (4) of this section. (1) Continued instruction, preparation, training, and technical support. Caregivers will have access to each of the following services, which may be provided through: (i) Online and in-person educational sessions. (ii) Use of telehealth and other available technologies. (iii) Teaching techniques, strategies, and skills for caring for the eligible or covered veteran. (2) Information concerning the supportive services available to caregivers under paragraph (a) of this section and other public, private, and nonprofit agencies that offer support to caregivers. (3) Counseling and other services, as described under § 71.50. (4) Respite care to eligible and covered veterans in support of the caregiver that is medically and age appropriate for the eligible or covered veteran (including 24-hour per day in-home respite care). (b) Secondary Family Caregiver benefits. VA will provide to Secondary Family Caregivers all of the benefits listed in paragraphs (b)(1) through (6) of this section. (1) General Caregiver benefits described in paragraph (a) of this section, except that respite care under paragraph (a)(4) is limited to veterans enrolled in the VA health care system. Respite care may be provided during a Family Caregiver's training, as described under § 71.25(d). (2) Wellness contacts to review the eligible veteran's well-being, adequacy of personal care services being provided by the Family Caregiver(s), and the well-being of the Family Caregiver(s). This wellness contact will occur, in general, at a minimum of once every 120 days, and at least one visit must occur in the eligible veteran's home on an annual basis. Failure of the eligible veteran and Family Caregiver to participate in any wellness contacts pursuant to this paragraph will result in revocation pursuant to § 71.45, Revocation and Discharge of Family Caregivers. (3) Continuing instruction, prepara… | ||||||
| 38:38:2.0.1.1.30.0.360.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 71 | PART 71—CAREGIVERS BENEFITS AND CERTAIN MEDICAL BENEFITS OFFERED TO FAMILY MEMBERS OF VETERANS | § 71.45 Revocation and discharge of Family Caregivers. | VA | [85 FR 46298, July 31, 2020] | (a) Revocation of the Family Caregiver —(1) Bases for revocation of the Family Caregiver —(i) For cause. VA will revoke the designation of a Family Caregiver for cause when VA determines any of the following: (A) The Family Caregiver or eligible veteran committed fraud under this part; (B) The Family Caregiver neglected, abused, or exploited the eligible veteran; (C) Personal safety issues exist for the eligible veteran that the Family Caregiver is unwilling to mitigate; (D) The Family Caregiver is unwilling to provide personal care services to the eligible veteran or, in the case of the Family Caregiver's temporary absence or incapacitation, fails to ensure (if able to) the provision of personal care services to the eligible veteran. (ii) Noncompliance. Except as provided in paragraph (f) of this section, VA will revoke the designation of a Family Caregiver when the Family Caregiver or eligible veteran is noncompliant with the requirements of this part. Noncompliance means: (A) The eligible veteran does not meet the requirements of § 71.20(a)(5), (6), or (7); (B) The Family Caregiver does not meet the requirements of § 71.25(b)(2); (C) Failure of the eligible veteran or Family Caregiver to participate in any reassessment pursuant to § 71.30; (D) Failure of the eligible veteran or Family Caregiver to participate in any wellness contact pursuant to § 71.40(b)(2); or (E) Failure to meet any other requirement of this part except as provided in paragraph (b)(1) or (2) of this section. (iii) VA error. Except as provided in § 71.45(f), VA will revoke the designation of a Family Caregiver if the Family Caregiver's approval and designation under this part was authorized as a result of an erroneous eligibility determination by VA. (2) Revocation date. All caregiver benefits will continue to be provided to the Family Caregiver until the date of revocation. (i) In the case of revocation based on fraud committed by the Family Caregiver or eligible veteran under paragraph (a)(1)(i)(A) of this section, t… | ||||||
| 38:38:2.0.1.1.30.0.360.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 71 | PART 71—CAREGIVERS BENEFITS AND CERTAIN MEDICAL BENEFITS OFFERED TO FAMILY MEMBERS OF VETERANS | § 71.47 Collection of overpayment. | VA | [85 FR 46300, July 31, 2020] | VA will collect overpayments as defined in § 71.15 pursuant to the Federal Claims Collection Standards. |
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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);