§ 51.43. Drugs and medicines for certain veterans.
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/us/cfr/t38/s§ 51.43·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)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---
(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), as implemented by § 17.96 of this chapter, subject to the limitation in § 51.41(c)(2).
(c)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.
(d)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.
(e)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. (The Office of Management and Budget has approved the information collection requirements in this section under control number 2900-0160) \[83 FR 61274, Nov. 28, 2018\]
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