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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations Pursuant to 38 U.S.C. 501, 2001, 2011, 2012, 2061, and 2064, VA established the VA
Homeless Providers Grant and Per Diem GPD Program with implementing regulations at 38 CFR part 61. Through the GPD Program, VA awards five types of grants to entities and organizations that meet specific criteria to support supportive or transitional housing for homeless veterans until the veteran can transition into permanent housing. VA
awards capital grants, special need grants, technical assistance grants, case management services grants and per diem only grants to offset operating costs for a program of supportive housing or services.
On July 25, 2017, VA proposed to amend its regulations that govern the VA GPD Program. 82 FR 34457. VA
provided a 60-day comment period, which ended on September 25, 2017.
We received 15 comments on the rule.
Most of the comments were generally positive; however, several commenters raised concerns about the proposed changes, which we address here.

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SUPPLEMENTARY INFORMATION:

61.1 Definitions VA proposed amending the definition of supportive housing to state that this type of housing is designed to either:
Facilitate the movement of homeless veterans to permanent housing as soon as possible but no later than 24 months, subject to 61.80; or provide bridge housing or specific medical treatment such as detoxification, respite, or hospice treatments that are used as stepup or step-down programs within that specific projects continuum.
A commenter remarked that use of the term bridge housing is misleading. At 82 FR 34458 we stated that bridge housing is a short-term, transitional housing option in a safe environment for veterans who have accepted a permanent housing placement, but access to the permanent housing is not immediately available for occupancy.
Typically, the bridge housing model length of stay is less than 90 days, absent additional services, and devoid of a specific clinical care component.
The commenter noted that in the past, VA published a Notice of Funding Availability NOFA for the GPD
Program which specified admission criteria. The commenter stated that the admission criteria published in the NOFA included the requirement that supportive housing must facilitate the movement of homeless veterans to permanent housing within a period that is not less than 90 days in length.
Previously issued NOFAs stated, as part of the admission criteria, that the veteran must have been offered and
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accepted a permanent housing intervention prior to admission or within the first 14 days of admission.
The commenter stated that the intent is for housing within 90 days, but not that housing has been identified prior to admission.
We do not agree that the use of the term bridge housing is misleading.
While it is accurate to state that VA
published certain admission criteria in past NOFAs, VA subsequently proposed changes to those criteria. While the commenter first focused on the proposed addition of bridge housing to the definition of supportive housing, it appears that the main concern is the proposed removal of the requirement that supportive housing must facilitate the movement of homeless veterans to permanent housing within a period that is not less than 90 days. The 90-day supportive housing requirement was intended to ensure that veterans have sufficient time to take full advantage of all supportive services, thereby enabling their successful transition to permanent housing. However, VA recognizes that each veteran has an individualized treatment plan and may, for a variety of reasons, choose to exit the program before 90 days. VA believes that one of these reasons may be the desire to move into permanent housing rather than remain in supportive housing for up to 90 days.
In any case, we are eliminating the reference to 90 days in the proposed definition of supportive housing by removing the phrase within a period that is not less than 90 days and does not exceed and amending paragraph 2i of the definition at 38 CFR 61.1 to state: facilitate the movement of homeless veterans to permanent housing as soon as possible but no later than 24 months, subject to 61.80; or.
This should address the commenters concerns summarized above.
In addition, to address any potential confusion, we are removing the proposed addition of language about bridge housing. Specifically, we are removing the proposed definition of and reference to bridge housing as it is no longer necessary and not included in the regulation. At the time of the commenters concern, bridge housing was a new concept for GPD programs.
In subsequent years, however, bridge housing has become a standard practice in GPD programs, the meaning of which is common knowledge among grantees and available elsewhere, such as in funding opportunities and in technical assistance materials widely available to the community.

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61.33 Payment of Per Diem We proposed several changes to this section, including amending general provisions on per diem payments, rates for such payments, and removal of one paragraph that duplicates content in new proposed 61.5. We subsequently published, at 82 FR 38646 August 15, 2017 a correction to proposed paragraph c. We received public comment on proposed changes to paragraphs a3, e, and f.
We renumber proposed 61.33 for clarity as follows. Proposed paragraph a1iii is renumbered as paragraph a2. Proposed paragraph a1iv is now paragraph a3. Proposed paragraph a2 is now paragraph b.
Proposed paragraphs b through h are now paragraphs c through h, with proposed paragraph f omitted. We have also renumbered the cross references within 61.33 to reflect the new numbering.
In proposed paragraph a3, now paragraph b as stated below, we stated that VA may at any time review the provision of supportive housing and services to individual veterans by the provider to ensure the care provided continues to be needed and appropriate.
One commenter stated that the proposed reviewing of individual veteran service plans gives VA too much power. We do not agree. VA has always had the authority to inspect grantees to ensure they are complying with all program requirements, including review of individual service plans. See 38 CFR
61.65. This rulemaking clarifies that authority. Further, VA will not pay per diem where we conclude that services furnished by the recipient are unacceptable. All grantees must have individual service plans ISPs for veteran participants. As a condition of accepting the grant award, grantees must sign assurances allowing VA to access and review, on demand, all records associated with the grant award.
Since moving individual veterans to permanent housing as quickly as they are ready is an important goal of GPD, VA will ensure that veterans are continuing to move toward this goal by reviewing ISPs. Also, we will provide assistance to veterans and grantees in cases where veterans are not moving to permanent housing as quickly as they are ready.
In proposed paragraph e, now paragraph f, we proposed that VA
would pay per diem up to a maximum of seventy-two 72 consecutive hours for the scheduled absence of a veteran.
This would amend the then-current rule that allowed payment for both scheduled and unscheduled absences,
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