Editorial Note on Part 51
Editorial Note: Nomenclature changes to part 51 appear at 74 FR 19432, Apr. 29, 2009.

§ 51.40 Basic per diem rates. ( a ) *Basic rate.* Except as provided in § 51.41, VA will pay per diem for care provided to an eligible veteran at a State home at the lesser of the following rates: ( 1 ) One-half of the daily cost of the care for each day the veteran is in the State home, as calculated under paragraph (b) of this section.
( 2 ) The basic per diem rate for each day the veteran is in the State home. The basic per diem rate is established by VA for each fiscal year in accordance with 38 U.S.C. 1741(a) and (c). Note to paragraph ( a
):
To determine the number of days that a veteran was in a State home, see paragraph (c) of this section.
( b ) *How to calculate the daily cost of a veteran's care.* The daily cost of care consists of those direct and indirect costs attributable to care at the State home, divided by the total number of residents serviced by the program of care. Cost principles are set forth in Office of Management and Budget (OMB) regulations. 2 CFR 200.400-200.475.
( c ) *Determining whether a veteran spent a day receiving nursing home or domiciliary care* — ( 1 ) *Nursing homes.* VA will pay per diem for each day that the veteran is receiving nursing home care and has an overnight stay at the State home. Per diem also will be paid for a day when there is no overnight stay if the State home nursing home care program has an occupancy rate of 90 percent or greater on that day. However, these payments will be made only for the first 10 consecutive days during which the veteran is admitted as a patient for any stay in a VA or other hospital (a hospital stay could occur more than once in a calendar year once there is an overnight stay in the State home between hospital stays) and only for the first 12 days in a calendar year during which the veteran is absent for purposes other than receiving hospital care. Occupancy rate is calculated by dividing the total number of residents (including nonveterans) in the nursing home on that day by the total recognized nursing home capacity in that State home.
( 2 ) *Domiciliaries.* VA will pay per diem for each day that the veteran is receiving domiciliary care and has an overnight stay at the State home. VA will also pay per diem during any absence of 96 or fewer consecutive hours for purposes other than receiving hospital care at VA expense, but VA will not pay per diem for any part of the absence if it continues for longer than 96 consecutive hours. Absences that are not interrupted by at least 24 hours of continuous residence in the State home are considered one continuous absence.
( d ) *Determining whether a Veteran spent a day receiving adult day health care.* Per diem will be paid for a day of adult day health care. For purposes of this section a day of adult day health care means: ( 1 ) Six hours or more in one calendar day in which a veteran receives adult day health care; or
( 2 ) Any two periods of at least 3 hours each but less than 6 hours each in any 2 calendar days in the same calendar month in which the veteran receives adult day health care.
( 3 ) Time during which the State home provides transportation between the veteran's residence and the State home or to a health care visit, or provides staff to accompany a veteran during transportation or a health care visit, will be included as time the veteran receives adult day health care.
[83 FR 61274, Nov. 28, 2018]