(a) This section sets forth requirements for persons residing in housing under the Compensated Work Therapy/Transitional Residences program.
(b) House managers shall be responsible for coordinating and supervising the day-to-day operations of the facilities. The local VA program coordinator shall select each house manager and may give preference to an individual who is a current or past resident of the facility or the program. A house manager must have the following qualifications:
(1) A stable, responsible and caring demeanor;
(2) Leadership qualities including the ability to motivate;
(3) Effective communication skills including the ability to interact;
(4) A willingness to accept feedback;
(5) A willingness to follow a chain of command.
(c) Each resident admitted to the Transitional Residence, except for a house manager, must also be in the Compensated Work Therapy program.
(d) Each resident, except for a house manager, must bi-weekly, in advance, pay a fee to VA for living in the housing. The local VA program coordinator will establish the fee for each resident in accordance with the provisions of paragraph (d)(1) of this section.
(1) The total amount of actual operating expenses of the residence (utilities, maintenance, furnishings, appliances, service equipment, all other operating costs) for the previous fiscal year plus 15 percent of that amount equals the total operating budget for the current fiscal year. The total operating budget is to be divided by the average number of beds occupied during the previous fiscal year and the resulting amount is the average yearly amount per bed. The bi-weekly fee shall equal 1/26th of the average yearly amount per bed, except that a resident shall not, on average, pay more than 30 percent of their gross CWT (Compensated Work Therapy) bi-weekly earnings. The VA program manager shall, bi-annually, conduct a review of the factors in this paragraph for determining resident payments. If he or she determines that the payments are too high or too low by more than 5 percent of the total operating budget, he or she shall recalculate resident payments under the criteria set forth in this paragraph, except that the calculations shall be based on the current fiscal year (actual amounts for the elapsed portion and projected amounts for the remainder).
(2) If the revenues of a residence do not meet the expenses of the residence resulting in an inability to pay actual operating expenses, the medical center of jurisdiction shall provide the funds necessary to return the residence to fiscal solvency in accordance with the provisions of this section.
(e) The length of stay in housing under the Compensated Work Therapy/Transitional Residences program is based on the individual needs of each resident, as determined by consensus of the resident and his/her VA Clinical Treatment team. However, the length of stay should not exceed 12 months.
(Authority: 38 U.S.C. 2032)
[70 FR 29627, May 24, 2005, as amended at 79 FR 54615, Sept. 12, 2014]
Notes of Decisions
United States v. Bear Bros., Inc., 355 So. 2d 1133 (Ala. Civ. App. 1978).
· cites it 3× “1 38 C.F.R. § 17.48 (d) (1976) provides in part: "(d) Persons hospitalized pursuant to paragraph .”
United States v. St. Paul Mercury Indem. Co., 133 F. Supp. 726 (D. Neb. 1955).
· cites it 6× “” By regulation professing to rest in part upon the foregoing section of the statute, the Administrator has provided, Title 38 C.F.R. Section 17.48(d), 1952 pocket parts, that: “(d) Persons hospitalized pursuant to § 17.”
Kirkhuff v. Cleland, 516 F. Supp. 351 (D.D.C. 1981).
· cites it 20× “6048(3) [cur *354 rently codified at 38 C.F.R. § 17.48 (e)], the regulation upon which the denial had been based.”
Texas Employers' Ins. Ass'n v. United States, 558 F.2d 766 (5th Cir. 1977).
· cites it 2× “hospital, but for the compensation coverage; and, if so, whether the Government is entitled to subrogation to the employee's rights, having taken an assignment pursuant to 38 C.F.R. § 17.48 (d) (1976). 3 Based on the general purpose of the Texas Workmen’s Compensation Act, which…”
United States v. St. Paul Mercury Indem. Co., a Corp., 238 F.2d 594 (8th Cir. 1956).
“which the Administrator has adopted, 38 C.F.R. § 17.48 (d), as to situations where a veteran, admitted under the affidavit provided for by the statute, happens to be carrying insurance or may otherwise be entitled to the cost of hospital or medical care from a third party,…”
United States v. Dairyland Ins., 644 F. Supp. 702 (N.D. Ga. 1986).
· cites it 2× “Title 38 C.F.R. § 17.48 (d) provided in pertinent part that: Persons hospitalized pursuant to paragraph (c)(1), (d) or (e) of § 17.”
United States v. Bender Welding & Mach. Co., 558 F.2d 761 (5th Cir. 1977).
· cites it 3× “38 C.F.R. § 17.48 (d) (1976). 3 The Act fulfills a congressional purpose of providing free hospital services to veterans who have suffered non-service-connected disabilities and who are unable to pay for hospital care, in consideration for their prior service to their country.”
Similes v. Brown, 6 Vet. App. 555 (Vet. App. 1994).
“§ 1722 (d) and the corresponding regulation found at 38 C.F.R. § 17.48 (d)(5)? (6) What remedy, if any, is provided to a veteran who is entitled to hospital care under 38 U.”
United States v. Kirkland, 405 F. Supp. 1024 (E.D. Tenn. 1975).
· cites it 2× “The Veterans Administration has promulgated a regulation, 38 C.F.R. § 17.48 (d)2 3 which, if valid, would enable *1027 the Government to procure an assignment of the veteran’s workmen’s compensation claim as a condition to his admission to a VA Hospital.”
City of Bridgeport v. Barnes, 591 S.W.2d 939 (Tex. App. 1979).
“The Veterans Administration’s assignment regulation, 38 C.F.R. § 17.48 (d) (1979) was held to carry the same weight as a federal statute, and thus control over state law under the supremacy clause, U.”
— 38 C.F.R. § 17.48(d) — 3 cases
United States v. St. Paul Mercury Indem. Co., 133 F. Supp. 726 (D. Neb. 1955).
“” By regulation professing to rest in part upon the foregoing section of the statute, the Administrator has provided, Title 38 C.F.R. Section 17.48(d), 1952 pocket parts, that: “(d) Persons hospitalized pursuant to § 17.”
United States v. Kirkland, 405 F. Supp. 1024 (E.D. Tenn. 1975).
“The Veterans Administration has promulgated a regulation, 38 C.F.R. § 17.48 (d)2 3 which, if valid, would enable *1027 the Government to procure an assignment of the veteran’s workmen’s compensation claim as a condition to his admission to a VA Hospital.”
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