38 C.F.R. § 63.3
(a) Eligibility. In order to serve as the basis for a per diem payment through the HCHV program, a veteran served by the non-VA community-based provider must be:
(b) Priority veterans. In allocating HCHV program resources, VA will give priority to veterans, in the following order, who:
(c) VA will refer a veteran to a non-VA community-based provider after VA determines the veteran's eligibility and priority.
(Authority: 38 U.S.C. 501, 2031)
[76 FR 52578, Aug. 23, 2011, as amended at 80 FR 24821, May 1, 2015]