---
kind: "section"
citation: "38 C.F.R. § 51.43"
title: "38"
number: "51.43"
heading: "Drugs and medicines for certain veterans."
url: "https://uscodex.org/cfr/38/51.43"
---

# §51.43. Drugs and medicines for certain veterans.

- (a) In addition to the per diem payments under [§ 51.40](/cfr/38/51.40.md) 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—
  - (1) **The veteran—**
    - (i) 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
    - (ii) Needs nursing home care for reasons that do not include care for a VA adjudicated service-connected disability; or
  - (2) **The veteran—**
    - (i) 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
    - (ii) Needs nursing home care for reasons that do not include care for a VA adjudicated service-connected disability.
- (b) 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)](/usc/38/1712.md?p=d), as implemented by [§ 17.96](/cfr/38/17.96.md) of this chapter, subject to the limitation in [§ 51.41(c)(2)](/cfr/38/51.41.md?p=c-2).
- (c) VA may furnish a drug or medicine under [paragraph (a)](#a) of this section and under [§ 17.96](/cfr/38/17.96.md) 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.
- (d) VA may furnish a drug or medicine under this section and under [§ 17.96](/cfr/38/17.96.md) 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.
- (e) As a condition for receiving drugs or medicine under this section or under [§ 17.96](/cfr/38/17.96.md) 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

[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]