38 C.F.R. § 17.60

Extensions of community nursing home care beyond six months

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Directors of health care facilities may authorize, for any veteran whose hospitalization was not primarily for a service-connected disability, an extension of nursing care in a public or private nursing home care facility at VA expense beyond six months when the need for nursing home care continues to exist and

(a) Arrangements for payment of such care through a public assistance program (such as Medicaid) for which the veteran has applied, have been delayed due to unforeseen eligibility problems which can reasonably be expected to be resolved within the extension period, or

(b) The veteran has made specific arrangements for private payment for such care, and

(1) Such arrangements cannot be effectuated as planned because of unforseen, unavoidable difficulties, such as a temporary obstacle to liquidation of property, and

(2) Such difficulties can reasonably be expected to be resolved within the extension period; or

(d) In no case may an extension under paragraph (a) or (b) of this section exceed 45 days.

(Authority: 38 U.S.C. 501, 1720(a)) [53 FR 13121, Apr. 21, 1988. Redesignated at 61 FR 21965, May 13, 1996]

Notes of Decisions

Cited in 2 cases, 1993–1999 · leading case: Aristocrat Lakewood Nursing Home v. Mayne, 729 N.E.2d 768 (Ohio Ct. App. 1999).

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Aristocrat Lakewood Nursing Home v. Mayne, 729 N.E.2d 768 (Ohio Ct. App. 1999). “38 C.F.R. 17.60. 3 . We refer to this document, which is in the record, because the trial court’s opinion quotes from it, although it was never introduced into evidence.”

Paris v. Brown, 6 Vet. App. 75 (Vet. App. 1993). “38 C.F.R. § 17.60 (f) (1993) (emphasis added).”

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