Rule2026-02978
Home Visits in Program of Comprehensive Assistance for Family Caregivers During COVID-19 National Emergency
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 13, 2026
Effective
February 13, 2026
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) is removing a regulation that was adopted to provide temporary flexibility under VA's Program of Comprehensive Assistance for Family Caregivers (PCAFC) but is no longer applicable. The regulation relaxed PCAFC requirements for in-person home visits during the national emergency related to Coronavirus Disease-2019 (COVID-19). The removal of this regulation is appropriate because the national emergency related to COVID-19 (COVID- 19 National Emergency) has ended and the regulation has no effect.
Full Text
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<title>Federal Register, Volume 91 Issue 30 (Friday, February 13, 2026)</title>
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[Federal Register Volume 91, Number 30 (Friday, February 13, 2026)]
[Rules and Regulations]
[Pages 6774-6777]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02978]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 71
[Docket No. VA-2020-VHA-0014]
RIN 2900-AQ96
Home Visits in Program of Comprehensive Assistance for Family
Caregivers During COVID-19 National Emergency
AGENCY: Department of Veterans Affairs.
ACTION: Final rule; rescission.
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SUMMARY: The Department of Veterans Affairs (VA) is removing a
regulation that was adopted to provide temporary flexibility under VA's
Program of Comprehensive Assistance for Family Caregivers (PCAFC) but
is no longer applicable. The regulation relaxed PCAFC requirements for
in-person home visits during the national emergency related to
Coronavirus Disease-2019 (COVID-19). The removal of this regulation is
appropriate because the national emergency related to COVID-19 (COVID-
19 National Emergency) has ended and the regulation has no effect.
DATES: This rule is effective February 13, 2026.
FOR FURTHER INFORMATION CONTACT: Colleen Richardson, Executive
Director, Caregiver Support Program, Patient Care Services, Veterans
Health Administration, (202) 461-5649.
SUPPLEMENTARY INFORMATION:
Background
Interim Final Rule
In an interim final rule (IFR) published in the Federal Register
(FR) on June 5, 2020, VA amended its regulations to relax the PCAFC
requirement for in-person home visits during the COVID-19 National
Emergency. 85 FR 34522 (June 5, 2020). The IFR added Sec. 71.60 to
part 71 of title 38 of the Code of Federal Regulations (CFR), to
provide flexibility in the modality by which VA conducted PCAFC home
visits for the duration of the COVID-19 National Emergency declared by
the President on March 13, 2020. Under Sec. 71.60, VA could conduct
home visits through means other than in-person visits, including by
videoconference or other available telehealth modalities. 85 FR 34523
(June 5, 2020). This change was intended to help reduce the risk of
exposure to and transmission of COVID-19 for individuals involved in
PCAFC, as well as members of their households and others with whom they
came into contact. Id. VA considered the goal of reducing the risk of
exposure to and transmission of COVID-19 especially important given the
vulnerable population of veterans served by PCAFC. Id.
End of the COVID-19 National Emergency
When VA adopted Sec. 71.60, VA was focused on the COVID-19
National Emergency and explicitly tied the relaxation of PCAFC in-
person home visit requirements to the COVID-19 National Emergency
declared by the President on March 13, 2020. However, neither the text
of the regulation nor the preamble discussion in the IFR specified
whether the declaration referred to Proclamation 9994 of March 13,
2020, Declaring a National Emergency Concerning the Novel Coronavirus
Disease (COVID-19) Outbreak (85 FR 15337 (March 18, 2020)), or the
President's determination, dated March 13, 2020, pursuant to section
501(b) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (the Stafford Act) (42 U.S.C. 5121-5207), that an
emergency exists nationwide. See Letter from President Donald J. Trump
on Emergency Determination Under the Stafford Act, available at <a href="https://trumpwhitehouse.archives.gov/briefings-statements/letter-president-donald-j-trump-emergency-determination-stafford-act/">https://trumpwhitehouse.archives.gov/briefings-statements/letter-president-donald-j-trump-emergency-determination-stafford-act/</a> (last accessed
September 16, 2025). Regardless, both national emergencies have
ended.\1\
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\1\ See Public Law 118-3, dated April 10, 2023, stating that
pursuant to section 202 of the National Emergencies Act (50 U.S.C.
1622), the national emergency declared by the finding of the
President on Mar. 13, 2020, in Proclamation 9994 (85 FR 15337) was
terminated; Congressional Research Service, Closing the Incident
Period for the Stafford Act Declaration for the COVID-19 Pandemic,
February 10, 2023, available at <a href="https://crsreports.congress.gov/product/pdf/IN/IN12106">https://crsreports.congress.gov/product/pdf/IN/IN12106</a> (last accessed September 16, 2025)
(explaining that ``Stafford Act declarations do not have pre-set
terms, and generally, federal officials do not unilaterally
terminate Stafford Act declarations'' but that ``[i]nstead, [the
Federal Emergency Management Agency (FEMA)] initiates the closeout
of an individual declaration only after the closeout of all related
individual projects and programs. . . .''); U.S. Department of
Homeland Security, FEMA, Following Unprecedented Response to
Pandemic, FEMA Announces the Agency Will Close All COVID-19 Disaster
Declaration Incident Periods on May 11, available at <a href="https://www.fema.gov/press-release/20230209/following-unprecedented-response-pandemic-fema-announces-agency-will-close">https://www.fema.gov/press-release/20230209/following-unprecedented-response-pandemic-fema-announces-agency-will-close</a> (last accessed
September 16, 2025); and 88 FR 8884 (February 10, 2023) (Federal
Register Notice by the U.S. Department of Homeland Security and
FEMA, providing a 90-day advance notice to government partners and
stakeholders regarding the end of eligibility of work and costs
reimbursable through public assistance funding on May 11, 2023).
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Because the COVID-19 National Emergency has ended, the relaxation
of in-person home visits that was adopted under the IFR, and valid only
during the COVID-19 National Emergency is no longer applicable. Thus,
in this final rule, VA is removing the regulation that was adopted
under the IFR at 38 CFR 71.60.
VA provided a 30-day comment period in response to the IFR, which
ended on July 6, 2020. VA received twelve comments on the IFR and VA
has considered and will address the relevant comments as part of this
final rule, as discussed in detail below. Notably, the commenters
responded to the IFR to identify concerns with or support for Sec.
71.60. Comments were not solicited to determine whether or when to
remove Sec. 71.60 from the regulations and none of the commenters
addressed the expiration of the COVID-19 National Emergency.
Proposed Rule for Home Visits and Emergency Declarations
On December 6, 2024, VA published a proposed rule primarily
impacting PCAFC that, among other changes, proposed to add a new Sec.
71.55 to part 71 that would, if adopted in a final rule, provide
flexibility to VA to complete home visits under part 71 through
telehealth for the duration of and in the locations covered by an
emergency declaration. 89 FR 97404, at 97449-50 (December 6, 2024). As
proposed, Sec. 71.55 would define ``telehealth'' by reference to
another regulation and explain the meaning of ``emergency declaration''
for purposes of Sec. 71.55. While related, those proposed changes are
outside of the scope of this final rule, which is specific to Sec.
71.60 and the COVID-19 National Emergency, and are not otherwise
addressed in this final rule.
Comments
VA reviewed and considered all twelve comments received in response
to the IFR. VA determined that six of the twelve comments received were
outside the scope of the rulemaking, and VA does not address those
comments in this final rule or make changes to Sec. 71.60 based on
them. However, some of these
[[Page 6775]]
commenters raised individual matters (for example, struggles they were
having) and, to the extent these individuals provided their personal
information, VA did attempt to reach out to the commenters to address
their individual matters unrelated to this rulemaking.
Of the remaining six comments within the scope of this rulemaking,
one commenter was supportive of virtual home visits by their regular
care teams and noted that health and safety is first and foremost. As
such, VA does not further address this comment in this final rule and
makes no changes based on it.
The remaining comments contained concerns or recommendations
relating to the IFR and are addressed below. Certain comments are no
longer relevant because Sec. 71.60 is not and cannot be applied after
the COVID-19 National Emergency ended.
Concerns Regarding VA Conducting Home Visits by Modalities Other Than
In-Person
Three commenters raised concerns with VA conducting home visits by
modalities other than in-person. One commenter stated that certain
aspects of evaluation and care of the veteran cannot be best served via
telehealth and suggested that VA consider any valid concerns that the
caregiver may bring to light and respond accordingly, so that there is
no harm to the veteran's wellbeing and plan for care. Similarly,
another commenter stated that in-home visits allow the interviewer to
detect stressors, to visualize the living conditions of the veteran,
and to check on the caregiver, which can assist the veteran, caregiver,
and VA caregiver coordinator. Another commenter disagreed that relaxing
the requirement for in-person home visits during the COVID-19 National
Emergency was a valid solution to the issue because in-person home
visits make the caregiver's and eligible veteran's needs clear. In
addition, this commenter asserted that eliminating in-person home
visits could lead to falsified records and they alleged that VA staff
added a note (presumably in the eligible veteran's health record)
regarding a contact or conversation that never took place.
VA agrees that in-person home visits are generally preferable to
videoconferences or other available telehealth modalities because in-
person home visits allow VA to fully assess the eligible veteran's
situation and the needs of the eligible veteran and caregiver. However,
VA believes the risks of relaxing the in-person home visit requirements
during the COVID-19 National Emergency were outweighed by the need to
reduce the risk of exposure to and transmission of COVID-19 to eligible
veterans, the eligible veterans' caregivers and family members, and
PCAFC staff.
While there are benefits to performing in-person home visits,
videoconferences and other telehealth modalities provide an alternative
means to assess an eligible veteran's safety and functional needs when
in-person visits are not possible or are unsafe. During the COVID-19
National Emergency, VA had to balance what would be gained by
conducting in-person home visits versus the risk of spreading an
illness that could be particularly harmful and even deadly in
vulnerable populations. Because the risk of and harm associated with
spreading COVID-19 was so great, VA authorized videoconferencing and
other telehealth modalities through the IFR as appropriate means for
conducting PCAFC home visits to support the needs of veterans and
caregivers applying for or participating in PCAFC while helping to
protect their health and that of VA employees.
During the COVID-19 National Emergency, VA continued to assess the
situation and needs of eligible veterans and family caregivers during
regular monitoring and wellness contacts under Sec. 71.40(b)(2), even
when they were not conducted through in-person home visits. During the
COVID-19 National Emergency, the IFR provided VA with flexibility to
complete monitoring and wellness contacts through videoconference or
other available telehealth modalities. See 38 CFR 71.40(b)(2) (2020)
and (2021); 38 CFR71.60.
As currently set forth in 38 CFR 71.40(b)(2), each wellness contact
consists of a review of the eligible veteran's well-being, adequacy of
personal care services being provided by the family caregiver(s), and
the well-being of the family caregiver(s). These wellness contacts
provide eligible veterans and family caregivers participating in PCAFC
an opportunity to share concerns with VA staff and provide VA staff
with an opportunity to see how eligible veterans and family caregivers
are managing at home. Wellness contacts help VA determine whether any
additional instruction, preparation, training, and/or technical support
is needed for the eligible veteran's needs to be met by the family
caregiver. As a result, facility Caregiver Support Program (CSP) staff
may provide instruction or training or ensure appropriate referrals are
in place for the family caregiver to obtain this support. In this way,
wellness contacts reduce the risk that significant changes in the
safety or well-being of PCAFC participants would go undetected.
Further, throughout the COVID-19 National Emergency, VA continued
to encourage caregivers and eligible veterans to promptly notify VA
staff of any concerns so that appropriate and necessary actions,
including in-person home visits, when necessary, could be taken by VA
to address such concerns. VA also encouraged and continues to encourage
family caregivers and eligible veterans alike to reach out specifically
to CSP staff and the Caregiver Support Line as needed, as both
resources can assist in mitigating concerns, provide opportunities to
raise questions, identify and address stressors, and assess the needs
of the family caregiver as well as the needs of the eligible veteran.
If CSP staff determined an in-person home visit was necessary during
the COVID-19 National Emergency, they were supported in conducting the
in-person home visit.
VA disagrees with one commenter's assertion that VA was eliminating
in-person home visits and doing so could lead to more falsified
records. First, the IFR provided additional flexibility to VA to
complete home visits through videoconference or other available
telehealth modalities, but it did not eliminate the in-person home
visit requirements. The regulation adopted under the IFR states that
during the COVID-19 National Emergency, VA may complete visits to the
eligible veteran's home under part 71 through videoconference or other
available telehealth modalities. Under Sec. 71.60, VA was not
prohibited from completing in-person home visits during the COVID-19
National Emergency.
Second, VA does not believe Sec. 71.60 affected the likelihood of
records being falsified. Errors or mistakes in records could result
from a provider writing inaccurate notes or the veteran or family
caregiver providing inaccurate information, but neither of these was
likely to increase because of the flexibility provided under Sec.
71.60. Falsified records due to staff error are already minimal, and if
identified, there are processes in place for corrections to be made to
such records. Additionally, a veteran can review their health record
and report anything they believe to be inaccurate. This applies to any
information within the record, including but not limited to
documentation resulting from both in-person and virtual visits for
purposes of PCAFC. VA has resumed in-person home visits and has not
identified evidence to suggest the relaxation of in-
[[Page 6776]]
person home visits under the IFR led to falsification of records.
Suggestion To Provide Options for Remote Home Visits
One commenter applauded VA for exercising flexibility in conducting
home visits during the COVID-19 National Emergency, but urged VA to
provide necessary education, training, and resources to facilitate
remote home visits. In particular, the commenter suggested VA provide
education and resources for accessing equipment and internet
infrastructure, or the option to use telephones for families lacking
reliable internet connectivity and web technologies.
Throughout the COVID-19 National Emergency, VA provided education,
training, and resources to assist eligible veterans and their family
caregivers with accessing VA services and supports for which they may
be eligible, and continues to do so today. For example, CSP staff are
trained on how to enter a Digital Divide Consult to assist in
connecting eligible veterans and their family caregivers to VA staff
who can determine eligibility for VA-provided connected devices, along
with the training needed to use such equipment.
Comment Regarding Consistency in Conducting Remote Visits and
Establishing Standards and Training for VA Staff
That same commenter further urged VA to establish consistency
across VA medical facilities in conducting remote visits to safeguard
the health of veterans and caregivers, and further encouraged VA to
establish standards and training to help VA continue to provide
effective support and assessment during remote visits, particularly in
instances where individuals may not feel comfortable disclosing abuse
virtually or via phone.
VA provides robust and standardized training to CSP staff across
the country, including training on the completion of home visits.
Following publication of the IFR, this included training related to the
relaxation of in-person home visits during the COVID-19 National
Emergency. During trainings, VA reiterates that part of the benefit of
the home visit is to provide an opportunity to identify additional
needs of and/or supports for individuals applying for or participating
in PCAFC, whether the visit is in-person or virtual.
VA acknowledges that disclosure of abuse in any circumstance may be
difficult. VA conducts wellness contacts and eligibility assessments
using standardized processes to enhance consistency in the
administration of PCAFC. Whether in-person or virtual, these processes
include providing one-on-one opportunities for caregivers and eligible
veterans to individually disclose abuse to a VA provider. Additionally,
CSP collaborates extensively with the Veterans Health Administration's
Intimate Partner Violence Assistance Program to provide staff with
consultation, training, and resources on assessing for safety during
in-person and virtual visits, including how to recognize non-verbal
signs and symptoms of abuse in situations where individuals do not
verbally disclose abuse.
Recommendation for Permanent Relaxation of In-Person Home Visits
One commenter recommended that the relaxation of requirements for
in-person home visits become permanent because they are unnecessary,
intrusive, and costly. The commenter further stated that the in-person
home visit requirement makes veterans residing overseas and in some
U.S. territories ineligible for PCAFC. This commenter also stated that
they previously asked that telehealth and related technology be
utilized for all visit or follow-up requirements for PCAFC.
To the extent that this commenter is asserting that PCAFC should be
available to individuals living overseas, VA considers that part of the
comment outside the scope of this rulemaking. Pursuant to Sec.
71.10(b), benefits under part 71 are provided only to individuals
residing in a State as that term is defined in 38 U.S.C. 101(20).
Section 101(20) defines the term State, in part, as each of the several
States, Territories, and possessions of the United States, the District
of Columbia, and the Commonwealth of Puerto Rico. VA discusses this
requirement in more detail in the proposed rule published on March 6,
2020 (see 85 FR 13356, at 13358 (March 6, 2020)) and in the final rule
published on July 31, 2020 (see 85 FR 46226, at 46226-27 (July 31,
2020)).
Regarding the commenter's suggestion that telehealth and related
technology should be utilized for all PCAFC visits and follow ups, VA
disagrees. As VA explained in the IFR and previously in this final
rule, during the COVID-19 National Emergency, VA believed the risks of
exposure to and transmission of COVID-19 necessitated the flexibility
allowed by 38 CFR 71.60. See 85 FR 34523 (June 5, 2020). However, VA
does not intend to permanently eliminate the requirement for in-person
home visits because there are numerous benefits to performing home
visits in person when it is safe to do so. In-person home visits are
beneficial for assessing and reassessing eligibility for PCAFC and
conducting wellness contacts, particularly as eligibility for PCAFC is
conditioned upon the eligible veteran receiving care at home. See Sec.
71.20(a)(6). Conducting visits in the eligible veteran's home provides
VA with a better opportunity than virtual visits to assess and reassess
the eligible veteran's level of need and the caregiver's ability to
perform personal care services. To assess the ability of the caregiver
to perform personal care services in the eligible veteran's home, it is
most ideal for the assessor to be present in the environment in which
the care is being performed. While a virtual visit may be appropriate
in certain instances, current technology does not allow the assessor
full environmental awareness of factors or conditions which may also be
present yet not viewable through virtual modalities available today.
Further, in-person home visits provide a unique opportunity for VA to
conduct more comprehensive and holistic assessments that virtual visits
may not afford. In-person home visits also provide a better opportunity
than virtual visits for PCAFC participants and VA staff to develop
personal and on-going relationships in which eligible veterans and
caregivers are comfortable discussing the eligible veteran's needs and
health status with VA staff, which may be utilized by VA to provide
additional supports and services. Additionally, information about an
individual's safety and environment is more easily assessed in person.
In-person home visits are an important component of participation
in PCAFC. Pursuant to 38 U.S.C. 1720G(a)(9), VA has an obligation to
monitor the well-being of each eligible veteran receiving personal care
services under PCAFC, document findings pertinent to the appropriate
delivery of personal care services to the eligible veteran under PCAFC,
and establish procedures to ensure appropriate follow-up regarding
those findings, which may include visiting the eligible veteran's home
to review directly the quality of personal care services provided to
the eligible veteran. Given their importance, VA budgeted for the
expenses associated with conducting in-person home visits as part of
the overall operational costs associated with PCAFC.
Thus, VA does not agree with the commenter that the relaxation of
in-person home visits should become permanent. As previously explained
in this rulemaking, in-person home visits are critically important and
are an integral part of PCAFC. In-person home visits provide
significant benefits to
[[Page 6777]]
veterans and caregivers when they can be conducted safely and when the
benefits outweigh any risks.
Lack of Timely Information From VA
One commenter indicated they became aware of the IFR on the last
day to provide comments and expressed concern that many caregivers do
not receive timely emails, phone calls, or information from VA. VA
provided a 30-day public comment period in response to the IFR, which
was available for public viewing at <a href="http://www.regulations.gov">www.regulations.gov</a>. While VA
considers this comment outside the scope of this final rule, VA is
confirming that CSP does communicate news and updates about PCAFC,
including matters related to rulemakings, through a variety of
platforms, including, but not limited to, press releases, website
updates, and messages via listserv.
VA makes no changes to the final rule in response to the public
comments received in response to the IFR. However, as noted earlier in
this discussion, VA is removing 38 CFR 71.60 now because the COVID-19
National Emergency is over, and Sec. 71.60 is no longer operable.
Administrative Procedure Act
VA has considered all relevant input and information contained in
the comments submitted in response to the IFR. 85 FR 34522 (June 5,
2020). However, Sec. 71.60, as added by the IFR, was only effective
for the duration of the COVID-19 National Emergency, which has ended.
VA has decided to remove Sec. 71.60 from VA regulations because it no
longer applies.
Although this final rule differs from the IFR, the change is a
logical outgrowth of the IFR. Section 71.60 is inherently and
explicitly limited to the duration of the COVID-19 National Emergency,
such that the duration of its effect was clear. The public could have
reasonably anticipated that the IFR would no longer be effective after
the COVID-19 National Emergency, and that it would no longer be
relevant or needed in part 71 after the COVID-19 National Emergency.
Therefore, removing Sec. 71.60 from part 71 is a logical outgrowth of
the IFR and does not require further notice and public procedure under
5 U.S.C. 553(b).
Additionally, VA finds there is good cause to publish this final
rule with an immediate effective date and forego the 30-day delayed
effective date generally required by 5 U.S.C. 553(d). This is because a
delayed effective date for this final rule is unnecessary, as it
removes a regulatory provision already rendered inoperable due to the
end of the COVID-19 National Emergency. As this rule results in no
change to existing practice and would have no effect, the Secretary of
Veterans Affairs finds that there is good cause under 5 U.S.C.
553(d)(3) to forego the 30-day delay requirement.
Executive Orders 12866, 13563, and 14094
VA examined the impact of this rulemaking as required by Executive
Orders 12866 (Sept. 30, 1993) and 13563 (Jan. 18, 2011), which direct
agencies to assess all costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits. The Office of Information and
Regulatory Affairs has determined that this rulemaking is not a
significant regulatory action under Executive Order 12866, as
supplemented by Executive Order 13563. This final rule is a
deregulatory action under Executive Order 14192 because it removes a
regulation that no longer has effect.
Economic Impact: There are no transfers, costs, or cost savings
associated with this rulemaking.
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-
612). This certification is based on the fact that this final rule
pertains only to how VA previously conducted PCAFC home visits during
the COVID-19 National Emergency and has no current or future impact on
small businesses. Therefore, pursuant to 5 U.S.C. 605(b), the initial
and final regulatory flexibility analysis requirements of 5 U.S.C. 603
and 604 do not apply.
Unfunded Mandates
This final rule will not result in the expenditure by State, local,
and Tribal governments, in the aggregate, or by the private sector, of
$100 million or more (adjusted annually for inflation) in any one year.
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
List of Subjects in 38 CFR Part 71
Administrative practice and procedure, Claims, Health care, Health
facilities, Health professions, Mental health programs, Public
assistance programs, Travel and transportation expenses, Veterans.
Signing Authority
Douglas A. Collins, Secretary of Veterans Affairs, approved this
document on 2/10/2026 and authorized the undersigned to sign and submit
the document to the Office of the Federal Register for publication
electronically as an official document of the Department of Veterans
Affairs.
Nicole R. Cherry,
Alternate Federal Register Liaison Officer, Department of Veterans
Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR part 71 as set forth below:
PART 71--CAREGIVERS BENEFITS AND CERTAIN MEDICAL BENEFITS OFFERED
TO FAMILY MEMBERS OF VETERANS
0
1. The authority citation for part 71 continues to read as follows:
Authority: 38 U.S.C. 501, 1720G, unless otherwise noted.
Sec. 71.60 [Removed]
0
2. Remove Sec. 71.60.
[FR Doc. 2026-02978 Filed 2-12-26; 8:45 am]
BILLING CODE 8320-01-P
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