38 C.F.R. § 59.40

Current through September 30, 2024
Section 59.40 - Maximum number of nursing home care and domiciliary care beds for veterans by State
(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.

State Maximum
number
of state home,
nursing home &
domiciliary
beds based
on 2020
projections
Alabama1007
Alaska179
Arizona1520
Arkansas653
California4363
Colorado1114
Connecticut559
Delaware207
District of Columbia83
Florida4049
Georgia1975
Hawaii268
Idaho394
Illinois1754
Indiana1216
Iowa578
Kansas518
Kentucky818
Louisiana638
Maine362
Maryland1102
Massachusetts944
Michigan1786
Minnesota1058
Mississippi480
Missouri1257
Montana281
Nebraska371
Nevada649
New Hampshire361
New Jersey992
New Mexico417
New York2209
North Carolina1900
North Dakota137
Ohio2143
Oklahoma766
Oregon907
Pennsylvania2336
Puerto Rico288
Rhode Island157
South Carolina1089
South Dakota179
Tennessee1311
Texas4119
Utah426
Vermont142
Virginia1903
Virgin Islands12
Washington1687
West Virginia406
Wisconsin1062
Wyoming154
American Samoa0
Guam12
N. Mariana Islands1

Note to paragraph (a): 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.

38 C.F.R. §59.40

66 FR 33847, June 26, 2001, as amended at 75 FR 17860, Apr. 8, 2010

Authority: 38 U.S.C. 101 , 501 , 1710 , 1742 , 8105 , 8131 - 8137