Except as provided in Sec. 51.41 of this part,
(a) During Fiscal Year 2008 VA will pay a facility recognized as a State home for nursing home care the lesser of the following for nursing home care provided to an eligible veteran in such facility:
(1) One-half of the cost of the care for each day the veteran is in the facility; or
(2) $71.42 for each day the veteran is in the facility.
(b) During Fiscal Year 2009 and during each subsequent Fiscal Year, VA will pay a facility recognized as a State home for nursing home care the lesser of the following for nursing home care provided to an eligible veteran in such facility:
(1) One-half of the cost of the care for each day the veteran is in the facility; or
(2) The basic per diem rate for the Fiscal Year established by VA in accordance with 38 U.S.C. 1741(c). (Authority: 38 U.S.C. 101, 501, 1710, 1741-1744) [74 FR 19432, Apr. 29, 2009]