§51.43. Drugs and medicines for certain veterans.
38 C.F.R. § 51.43
In addition to the per diem payments under § 51.40 of this part, the Secretary will furnish drugs and medicines to a State home as may be ordered by prescription of a duly licensed physician as specific therapy in the treatment of illness or injury for a veteran receiving nursing home care in a State home if—
The veteran—
Has a singular or combined rating of less than 50 percent based on one or more service-connected disabilities and needs the drugs and medicines for a service-connected disability; and
Needs nursing home care for reasons that do not include care for a VA adjudicated service-connected disability; or
The veteran—
Has a singular or combined rating of 50 or 60 percent based on one or more service-connected disabilities and needs the drugs and medicines; and
Needs nursing home care for reasons that do not include care for a VA adjudicated service-connected disability.
VA will also furnish drugs and medicines to a State home for a veteran receiving nursing home, domiciliary, or adult day health care in a State home pursuant to 38 U.S.C. 1712(d), as implemented by § 17.96 of this chapter, subject to the limitation in § 51.41(c)(2).
VA may furnish a drug or medicine under paragraph (a) of this section and under § 17.96 of this chapter only if the drug or medicine is included on VA's National Formulary, unless VA determines a non-Formulary drug or medicine is medically necessary.
VA may furnish a drug or medicine under this section and under § 17.96 of this chapter by having the drug or medicine delivered to the State home in which the veteran resides by mail or other means and packaged in a form that is mutually acceptable to the State home and to VA set forth in a written agreement.
As a condition for receiving drugs or medicine under this section or under § 17.96 of this chapter, the State must submit to the VA medical center of jurisdiction a completed VA Form 10-0460 with the corresponding prescription(s) for each eligible veteran.
Notes, amendments, and revision history
Amendments
[83 FR 61274, Nov. 28, 2018]
Authority
Authority: 38 U.S.C. 101, 501, 1710, 1720, 1741-1743, 1745, and as follows. Section 51.20 and 51.30 also issued under 38 U.S.C. 511, 1742, 7104 and 7105. Section 51.42 also issued under 38 U.S.C. 510, 1744, and Pub. L. 116-315 section 3007. Section 51.43 also issued under 38 U.S.C. 1712. Section 51.51 also issued under Pub. L. 116-315 section 3007. Section 51.310 also issued under 38 U.S.C. 1720(f).
Source
Source: 65 FR 968, Jan. 6, 2000, unless otherwise noted.
Amendments
[83 FR 61274, Nov. 28, 2018]