#### § 59.40 Maximum number of nursing home care and domiciliary care beds for veterans by State.

(a) Except as provided in [paragraph (b)](/on/2024-09-18/title-38/section-59.40#p-59.40(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](https://www.govinfo.gov/link/uscode/38/8134) 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 |
| --- | --- |
| Alabama | 1007 |
| Alaska | 179 |
| Arizona | 1520 |
| Arkansas | 653 |
| California | 4363 |
| Colorado | 1114 |
| Connecticut | 559 |
| Delaware | 207 |
| District of Columbia | 83 |
| Florida | 4049 |
| Georgia | 1975 |
| Hawaii | 268 |
| Idaho | 394 |
| Illinois | 1754 |
| Indiana | 1216 |
| Iowa | 578 |
| Kansas | 518 |
| Kentucky | 818 |
| Louisiana | 638 |
| Maine | 362 |
| Maryland | 1102 |
| Massachusetts | 944 |
| Michigan | 1786 |
| Minnesota | 1058 |
| Mississippi | 480 |
| Missouri | 1257 |
| Montana | 281 |
| Nebraska | 371 |
| Nevada | 649 |
| New Hampshire | 361 |
| New Jersey | 992 |
| New Mexico | 417 |
| New York | 2209 |
| North Carolina | 1900 |
| North Dakota | 137 |
| Ohio | 2143 |
| Oklahoma | 766 |
| Oregon | 907 |
| Pennsylvania | 2336 |
| Puerto Rico | 288 |
| Rhode Island | 157 |
| South Carolina | 1089 |
| South Dakota | 179 |
| Tennessee | 1311 |
| Texas | 4119 |
| Utah | 426 |
| Vermont | 142 |
| Virginia | 1903 |
| Virgin Islands | 12 |
| Washington | 1687 |
| West Virginia | 406 |
| Wisconsin | 1062 |
| Wyoming | 154 |
| American Samoa | 0 |
| Guam | 12 |
| N. Mariana Islands | 1 |

Note to paragraph (a):

The provisions of [38 U.S.C. 8134](https://www.govinfo.gov/link/uscode/38/8134) 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.

(Authority: [38 U.S.C. 101](https://www.govinfo.gov/link/uscode/38/101), [501](https://www.govinfo.gov/link/uscode/38/501), [1710](https://www.govinfo.gov/link/uscode/38/1710), [1742](https://www.govinfo.gov/link/uscode/38/1742), [8105](https://www.govinfo.gov/link/uscode/38/8105), [8131-8137](https://www.govinfo.gov/link/uscode/38/8131))

[[66 FR 33847](https://www.federalregister.gov/citation/66-FR-33847), June 26, 2001, as amended at [75 FR 17860](https://www.federalregister.gov/citation/75-FR-17860), Apr. 8, 2010]