Obtaining Evidence Beyond the Current “Special Arrangement Sources”, 33681-33683 [2014-13802]
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Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Rules and Regulations
Blankenfelde-Mahlow, Germany; phone: 49 0
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(5) You may view this service information
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Colleen M. D’Alessandro,
Assistant Directorate Manager, Engine &
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Service.
[FR Doc. 2014–13532 Filed 6–11–14; 8:45 am]
BILLING CODE 4910–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA–2011–0099]
RIN 0960–AH44
Obtaining Evidence Beyond the
Current ‘‘Special Arrangement
Sources’’
AGENCY:
Social Security Administration
(SSA).
Interim final rules with request
for comments.
ACTION:
We are amending our
regulations to state that we will obtain
evidence from any appropriate source.
Our current regulations provide that we
will obtain information from ‘‘special
arrangement sources’’ for those
infrequent situations when we are in a
better position than our State agency
partners to obtain evidence. Due to
improved evidence collection through
our increased use of health information
technology (health IT), we are obtaining
evidence electronically with increasing
frequency. We expect that, over time,
the electronic exchange of medical
records will become our primary means
for obtaining medical evidence. As we
increase our use of health IT, the
designation of ‘‘special arrangement
sources’’ will no longer adequately
describe from whom we collect
evidence.
SUMMARY:
Effective Date: This interim final
rule is effective June 12, 2014.
Comment Date: To ensure that your
comments are considered, we must
receive them no later than August 11,
2014.
rmajette on DSK2TPTVN1PROD with RULES
DATES:
You may submit comments
by any one of three methods—Internet,
fax, or mail. Do not submit the same
comments multiple times or by more
than one method. Regardless of which
ADDRESSES:
VerDate Mar<15>2010
14:18 Jun 11, 2014
Jkt 232001
method you choose, please state that
your comments refer to Docket No.
SSA–2011–0099 so that we can
associate your comments with the
correct regulation.
Caution: You should be careful to
include in your comments only
information that you wish to make
publicly available. We strongly urge you
not to include in your comments any
personal information, such as Social
Security numbers or medical
information.
1. Internet: We strongly recommend
that you submit your comments via the
Internet. Please visit the Federal
eRulemaking portal at https://
www.regulations.gov. Use the Search
function to find docket number SSA–
2011–0099. The system will issue a
tracking number to confirm your
submission. You will not be able to
view your comment immediately
because we must post each comment
manually. It may take up to a week for
your comment to be viewable.
2. Fax: Fax comments to (410) 966–
2830.
3. Mail: Address your comments to
the Office of Regulations and Reports
Clearance, Social Security
Administration, 3100 West High Rise
Building, 6401 Security Boulevard,
Baltimore, Maryland 21235–6401.
Comments are available for public
viewing on the Federal eRulemaking
portal at https://www.regulations.gov or
in person, during regular business
hours, by arranging with the contact
person identified below.
FOR FURTHER INFORMATION CONTACT:
Cheryl Elksnis, Office of Disability
Programs, Social Security
Administration, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
410–966–0497. For information on
eligibility or filing for benefits, call our
national toll-free number, 1–800–772–
1213 or TTY 1–800–325–0778, or visit
our Internet site, Social Security Online,
at https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Background
We need medical and other evidence
to determine whether you are disabled.
We need your permission to request
your medical records from your medical
sources. You can also submit medical
evidence to us. We request close to 15
million medical records from almost
500,000 providers to make decisions on
approximately 3 million disability
claims annually.
Our regulations define the roles and
responsibilities of both the State agency
and us in obtaining evidence and
carrying out the disability determination
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
33681
function. The State agency has the
primary responsibility to secure any
evidence it needs to make a disability
determination. Traditionally, the State
agency collects this evidence through a
variety of paper-based processes such as
mail and fax. In most disability claims,
the State agency converts paper records
to electronic format and adds them to an
electronic folder, which the State
agency uses when it makes a disability
determination. If we secure evidence
from you or other ‘‘special arrangement
sources,’’ we provide that evidence to
the State agency for use in making a
disability determination.
The United States (U.S.) healthcare
system is undergoing a major
technological shift, with medical
providers adopting electronic health
records in place of paper medical
records. In 2008, to improve the
disability determination process, we
started an initiative enabling the
electronic exchange of health
information rather than using a mostly
manual process to request, receive paper
records, and then convert them to
electronic format. We can now use a
fully automated process to obtain
electronic medical records nearly
instantaneously. Using health IT, we
dramatically increase our efficiency in
gathering medical evidence. We receive
medical evidence via health IT in a
matter of minutes or hours, as opposed
to days or weeks via traditional
channels such as fax and mail.
We currently are in a better position
than a State agency to obtain medical
evidence via health IT. We developed
an application that allows us to request
and receive electronic medical records
in a fully automated manner through a
standards-based electronic transaction.
We obtain the evidence via health IT
nearly instantaneously, and then we
provide it electronically to the State
agency that makes the disability
determination. This collaborative
process allows us to gather medical
evidence faster than we can using the
traditional paper process and in most
cases leads to quicker disability
determinations.
With health IT, we increased the
frequency at which we, rather than the
State agency, request records. As the
U.S. healthcare system continues its
transition toward health IT, we expect
health IT to become the primary means
by which we request and receive
medical evidence. We anticipate that
our requests for medical evidence will
continue to increase and that they will
no longer only be to ‘‘special
arrangement sources.’’ In recognition of
these changes to the U.S. healthcare
system and our increasing use of health
E:\FR\FM\12JNR1.SGM
12JNR1
33682
Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Rules and Regulations
IT to obtain medical records, we are
eliminating the ‘‘special arrangement
sources’’ language from our rules. This
revision only changes who will obtain
evidence; it does not change the State
agency’s role in making disability
determinations or in requesting
evidence through traditional channels,
when appropriate.
While we anticipate obtaining
increasing amounts of medical records
from health IT sources, we also expect
that the State agency will continue to
obtain evidence, when appropriate. For
example, if your medical provider does
not use electronic health records and
does not participate in health IT, the
State agency is better positioned than us
to obtain your medical records through
traditional channels.
Clarity of These Interim Final Rules
Executive Order 12866, as
supplemented by Executive Order
13563, requires each agency to write all
rules in plain language. In addition to
your substantive comments on these
interim final rules, we invite your
comments on how to make them easier
to understand. For example:
• Would more, but shorter, sections
be better?
• Are the requirements in the rules
clearly stated?
• Have we organized the material to
suit your needs?
• Could we improve clarity by adding
tables, lists, or diagrams?
• What else could we do to make the
rules easier to understand?
• Do the rules contain technical
language or jargon that is not clear?
• Would a different format make the
rules easier to understand, e.g. grouping
and order of sections, use of headings,
paragraphing?
When will we start to use these rules?
rmajette on DSK2TPTVN1PROD with RULES
We will start to use these interim final
rules on the date shown under the
‘‘Effective Date’’ section earlier in this
preamble.
We also invite public comments on
the changes made by the rules. We will
consider any relevant comments we
receive. If appropriate, we will publish
a final rule to respond to any such
comments we receive, and to make any
changes to the rules based on the
comments.
Regulatory Procedures
Justification for Issuing Interim Final
Rules Without Notice and Comment
We follow the Administrative
Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553
VerDate Mar<15>2010
14:18 Jun 11, 2014
Jkt 232001
when we develop regulations.1
Generally, the APA requires that an
agency provide prior notice and
opportunity for public comment before
issuing interim final rules. The APA
provides exceptions to its notice and
public comment procedures when an
agency finds there is good cause for
dispensing with such procedures
because they are impracticable,
unnecessary, or contrary to the public
interest.2
We find that there is good cause
under 5 U.S.C. 553(b)(B) for dispensing
with the notice and public comment
procedures for these rules. We find that
prior public comment is unnecessary
because these rules only change our
internal administrative procedures that
govern the situations in which we,
rather than the State agency, request
evidence from some medical providers.
The changes we are making to our rules
do not affect the rights or benefits of the
public or make any changes in the
standards that the State agency uses to
determine disability. Our current rules
describe certain circumstances when we
secure evidence. These interim final
rules reflect that our evidence collection
will become more routine than it
traditionally has been, in recognition of
the advent of health IT. Because we are
not making any substantive changes to
our current disability determination
rules at this time, we find that prior
public comment is unnecessary.
However, we are inviting public
comment on these interim final rules
and will consider any substantive
comments we receive within 60 days of
the publication of these rules.
In addition, we find good cause for
dispensing with the 30-day delay in the
effective date of these rules provided for
in 5 U.S.C. 553(d)(3). For the reasons
stated above, we find it unnecessary to
delay the effective date of the changes
we are making in these interim final
rules. Accordingly, we are making them
effective upon publication.
Regulatory Flexibility Act
We certify that these interim final
rules will not have a significant
economic impact on a substantial
number of small entities because the
rules affect our internal procedures for
handling claims for individuals only.
Therefore, the Regulatory Flexibility
Act, as amended, does not require us to
prepare a regulatory flexibility analysis.
Executive Order 12866 as
Supplemented by Executive Order
13563
■
We consulted with the Office of
Management and Budget (OMB) and
determined that these interim final rules
do not meet the criteria for a significant
regulatory action under Executive Order
12866, as supplemented by Executive
Order 13563. Thus, OMB did not review
the interim final rules.
1 Section
702(a)(5) of the Social Security Act, 42
U.S.C. 902(a)(5).
2 5 U.S.C. 553(b)(B).
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
Paperwork Reduction Act
These interim final rules do not create
any new or affect any existing
collections and, therefore, do not
require OMB approval under the
Paperwork Reduction Act.
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social Security—
Disability Insurance; 96.002, Social
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance; and
96.006, Supplemental Security Income)
List of Subjects
20 CFR Part 404
Administrative practice and
procedure; Blind; Disability benefits;
Old-Age, Survivors, and Disability
Insurance; Reporting and recordkeeping
requirements; Social security.
20 CFR Part 416
Administrative practice and
procedure; Aged, Blind, Disability
benefits, Public Assistance programs;
Reporting and recordkeeping
requirements; Supplemental Security
Income (SSI).
Carolyn W. Colvin,
Acting Commissioner of Social Security.
For the reasons set out in the
preamble, we are amending 20 CFR
chapter III, parts 404 and 416, as set
forth below:
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950—)
Subpart Q—[Amended]
1. The authority citation for subpart Q
of part 404 continues to read as follows:
Authority: Secs. 205(a), 221, and 702(a)(5)
of the Social Security Act (42 U.S.C. 405(a),
421, and 902(a)(5)).
2. Amend § 404.1614 by revising
paragraph (a), removing paragraph (b),
and re-designating paragraph (c) as
paragraph (b).
The revision reads as follows:
■
§ 404.1614 Responsibilities for obtaining
evidence to make disability determinations.
(a) We or the State agency will secure
from the claimant or other sources any
E:\FR\FM\12JNR1.SGM
12JNR1
Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Rules and Regulations
evidence the State agency needs to make
a disability determination. When we
secure the evidence, we will furnish it
to the State agency for use in making the
disability determination.
*
*
*
*
*
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
Subpart J—[Amended]
3. The authority citation for subpart J
of part 416 continues to read as follows:
■
Authority: Secs. 702(a)(5), 1614, 1631, and
1633 of the Social Security Act (42 U.S.C.
902(a)(5), 1382c, 1383, and 1383b).
4. Amend § 416.1014 by revising
paragraph (a), removing paragraph (b),
and re-designating paragraph (c) as
paragraph (b).
The revision reads as follows:
■
§ 416.1014 Responsibilities for obtaining
evidence to make disability determinations.
(a) We or the State agency will secure
from the claimant or other sources any
evidence the State agency needs to make
a disability determination. When we
secure the evidence, we will furnish it
to the State agency for use in making the
disability determination.
*
*
*
*
*
[FR Doc. 2014–13802 Filed 6–11–14; 8:45 am]
BILLING CODE 4191–02–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA–2013–0005]
RIN 0960–AH55
Technical Corrections to Regulations
Social Security Administration.
Final rule; technical corrections.
AGENCY:
ACTION:
We are making technical
corrections to several of our regulations.
In some cases, we are correcting
outdated cross-references in light of
revisions we made to other rules. We are
also revising the maximum dollar
amount of overpayments subject to
compromise based on other changes in
the law, and we are adjusting the
formula we use to calculate the
maximum benefits payable in the first
and second installment payments of
large past-due benefits for the same
reason. In addition, we are updating
references to the coverage status of
affected non-temporary employees of
the government of the Commonwealth
of the Northern Mariana Islands. These
changes do not alter the substance of the
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:18 Jun 11, 2014
Jkt 232001
regulations or effect the rights of
claimants or any other parties. We
expect that the changes will make our
rules more internally consistent and
make them easier to use.
DATES: This rule is effective June 12,
2014.
FOR FURTHER INFORMATION CONTACT:
Brian J. Rudick, Office of Regulations
and Reports Clearance, Social Security
Administration, 3100 West High Rise
Building, 6401 Security Boulevard,
Baltimore, MD 21235–6401, (410) 965–
7102. For information on eligibility or
filing for benefits, call our national tollfree number, 1–800–772–1213 or TTY
1–800–325–0778, or visit our Internet
site, Social Security Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
We are making technical corrections
to our current regulations in several
parts. First, we are revising a reference
to section ‘‘197(a)(1)’’ of title 3 of the
United States Code in section
404.1018(b)(1)(iv) of our rules to the
correct reference, section ‘‘107(a)(1).’’
Section 210(a)(5)(D)(iii) of the Act refers
to section 107(a)(1) of title 3, and when
we published regulations that
implemented that section of the Act, the
final rule contained a typographical
error that mistakenly referred to section
‘‘197(a)(1).’’ 53 FR 38943, 38945, Oct. 4,
1988. This change corrects that
typographical error. Second, in 2012, we
published final rules that made some
changes to our rules on evaluating
evidence. 77 FR 10651, Feb. 23, 2012.
Those rules redesignated part of our
regulations on evaluating opinion
evidence without substantive effect.
However, we inadvertently did not
correct all of the regulatory sections that
the redesignation affected, so that some
of the cross-references to the rule are
incorrect. Therefore, we are correcting
the references in sections 404.1512(b)(7)
and (b)(8), and 416.912(b)(7) and (b)(8)
to reflect the correct designation of our
rules. This change has no effect on
claimants’ rights or on how we
adjudicate cases.
Third, we are correcting the
maximum dollar amount of
overpayments subject to compromise,
suspension, or termination of collection
under section 404.515(a) from $20,000
to $100,000, or any higher amount
authorized by the Attorney General, as
provided by 31 U.S.C. 3711 and the
Federal Claims Collection Standards.1
When we initially published those rules
in 1969, the Federal Claims Collection
Act of 1966 contained the $20,000 limit
1 See
PO 00000
31 CFR 902.1(a).
Frm 00037
Fmt 4700
Sfmt 4700
33683
reflected in our rules.2 Congress
temporarily raised the $20,000 limit to
$100,000 in 1990,3 and it subsequently
removed the sunset provision in the
prior law as part of the Debt Collection
Improvement Act of 1996.4 We are
revising our rules to conform to the
current statutory authority. We are also
revising the reference in the heading of
section 404.515(a) to the Federal Claims
Collection Act of 1966 to the Debt
Collection Improvement Act of 1996, to
reflect the current statutory authority.
Fourth, we are correcting the formula
we use to calculate the maximum
amount payable in the first and second
installment payments of large past-due
benefits, from 12 times to 3 times the
maximum monthly benefit payable, in
section 416.545(b). Congress changed
the formula from 12 times to 3 times the
maximum monthly benefit payable in
2005.5 We subsequently published a
final rule, which reflected that statutory
change in the first sentence of section
416.545(b), 76 FR 446, 453, Jan. 5, 2011.
However, we inadvertently did not
change the same reference in the third
sentence of that section. We are
correcting the third sentence of section
416.545(b) to conform the sentence to
the statutory formula. Finally, we are
updating references to the coverage
status of affected non-temporary
employees of the government of the
Commonwealth of the Northern Mariana
Islands to reflect the fact that these
employees became subject to Social
Security coverage beginning October 1,
2012. These changes make our
regulations clearer and more consistent.
Regulatory Procedures
We follow the Administrative
Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553
when we develop regulations. Section
702(a)(5) of the Social Security Act, 42
U.S.C. 902(a)(5). The APA provides
exceptions to its notice and public
comment procedures when an agency
finds there is good cause for dispensing
with such procedures because they are
impracticable, unnecessary, or contrary
to the public interest. We determined
that good cause exists for dispensing
with the notice and public comment
procedures for these final rules. 5 U.S.C.
553(b)(B). Good cause exists for most of
these changes because these changes
eliminate minor inconsistencies in our
rules and therefore promote clear and
2 See
31 USC 952(b) (1970).
sec. 8(b) of Public Law 101–552, 104 Stat.
2736, 2746–47.
4 See sec. 31001(n) of Public Law 104–134, 110
Stat. 1321, 1321–369.
5 See sec. 7502(a) of Public Law 109–171, 120
Stat. 4, 154.
3 See
E:\FR\FM\12JNR1.SGM
12JNR1
]]>Agencies
[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Rules and Regulations]
[Pages 33681-33683]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13802]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA-2011-0099]
RIN 0960-AH44
Obtaining Evidence Beyond the Current ``Special Arrangement
Sources''
AGENCY: Social Security Administration (SSA).
ACTION: Interim final rules with request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending our regulations to state that we will obtain
evidence from any appropriate source. Our current regulations provide
that we will obtain information from ``special arrangement sources''
for those infrequent situations when we are in a better position than
our State agency partners to obtain evidence. Due to improved evidence
collection through our increased use of health information technology
(health IT), we are obtaining evidence electronically with increasing
frequency. We expect that, over time, the electronic exchange of
medical records will become our primary means for obtaining medical
evidence. As we increase our use of health IT, the designation of
``special arrangement sources'' will no longer adequately describe from
whom we collect evidence.
DATES: Effective Date: This interim final rule is effective June 12,
2014.
Comment Date: To ensure that your comments are considered, we must
receive them no later than August 11, 2014.
ADDRESSES: You may submit comments by any one of three methods--
Internet, fax, or mail. Do not submit the same comments multiple times
or by more than one method. Regardless of which method you choose,
please state that your comments refer to Docket No. SSA-2011-0099 so
that we can associate your comments with the correct regulation.
Caution: You should be careful to include in your comments only
information that you wish to make publicly available. We strongly urge
you not to include in your comments any personal information, such as
Social Security numbers or medical information.
1. Internet: We strongly recommend that you submit your comments
via the Internet. Please visit the Federal eRulemaking portal at https://www.regulations.gov. Use the Search function to find docket number
SSA-2011-0099. The system will issue a tracking number to confirm your
submission. You will not be able to view your comment immediately
because we must post each comment manually. It may take up to a week
for your comment to be viewable.
2. Fax: Fax comments to (410) 966-2830.
3. Mail: Address your comments to the Office of Regulations and
Reports Clearance, Social Security Administration, 3100 West High Rise
Building, 6401 Security Boulevard, Baltimore, Maryland 21235-6401.
Comments are available for public viewing on the Federal
eRulemaking portal at https://www.regulations.gov or in person, during
regular business hours, by arranging with the contact person identified
below.
FOR FURTHER INFORMATION CONTACT: Cheryl Elksnis, Office of Disability
Programs, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235-6401, 410-966-0497. For information on eligibility
or filing for benefits, call our national toll-free number, 1-800-772-
1213 or TTY 1-800-325-0778, or visit our Internet site, Social Security
Online, at https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Background
We need medical and other evidence to determine whether you are
disabled. We need your permission to request your medical records from
your medical sources. You can also submit medical evidence to us. We
request close to 15 million medical records from almost 500,000
providers to make decisions on approximately 3 million disability
claims annually.
Our regulations define the roles and responsibilities of both the
State agency and us in obtaining evidence and carrying out the
disability determination function. The State agency has the primary
responsibility to secure any evidence it needs to make a disability
determination. Traditionally, the State agency collects this evidence
through a variety of paper-based processes such as mail and fax. In
most disability claims, the State agency converts paper records to
electronic format and adds them to an electronic folder, which the
State agency uses when it makes a disability determination. If we
secure evidence from you or other ``special arrangement sources,'' we
provide that evidence to the State agency for use in making a
disability determination.
The United States (U.S.) healthcare system is undergoing a major
technological shift, with medical providers adopting electronic health
records in place of paper medical records. In 2008, to improve the
disability determination process, we started an initiative enabling the
electronic exchange of health information rather than using a mostly
manual process to request, receive paper records, and then convert them
to electronic format. We can now use a fully automated process to
obtain electronic medical records nearly instantaneously. Using health
IT, we dramatically increase our efficiency in gathering medical
evidence. We receive medical evidence via health IT in a matter of
minutes or hours, as opposed to days or weeks via traditional channels
such as fax and mail.
We currently are in a better position than a State agency to obtain
medical evidence via health IT. We developed an application that allows
us to request and receive electronic medical records in a fully
automated manner through a standards-based electronic transaction. We
obtain the evidence via health IT nearly instantaneously, and then we
provide it electronically to the State agency that makes the disability
determination. This collaborative process allows us to gather medical
evidence faster than we can using the traditional paper process and in
most cases leads to quicker disability determinations.
With health IT, we increased the frequency at which we, rather than
the State agency, request records. As the U.S. healthcare system
continues its transition toward health IT, we expect health IT to
become the primary means by which we request and receive medical
evidence. We anticipate that our requests for medical evidence will
continue to increase and that they will no longer only be to ``special
arrangement sources.'' In recognition of these changes to the U.S.
healthcare system and our increasing use of health
[[Page 33682]]
IT to obtain medical records, we are eliminating the ``special
arrangement sources'' language from our rules. This revision only
changes who will obtain evidence; it does not change the State agency's
role in making disability determinations or in requesting evidence
through traditional channels, when appropriate.
While we anticipate obtaining increasing amounts of medical records
from health IT sources, we also expect that the State agency will
continue to obtain evidence, when appropriate. For example, if your
medical provider does not use electronic health records and does not
participate in health IT, the State agency is better positioned than us
to obtain your medical records through traditional channels.
Clarity of These Interim Final Rules
Executive Order 12866, as supplemented by Executive Order 13563,
requires each agency to write all rules in plain language. In addition
to your substantive comments on these interim final rules, we invite
your comments on how to make them easier to understand. For example:
Would more, but shorter, sections be better?
Are the requirements in the rules clearly stated?
Have we organized the material to suit your needs?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rules easier to
understand?
Do the rules contain technical language or jargon that is
not clear?
Would a different format make the rules easier to
understand, e.g. grouping and order of sections, use of headings,
paragraphing?
When will we start to use these rules?
We will start to use these interim final rules on the date shown
under the ``Effective Date'' section earlier in this preamble.
We also invite public comments on the changes made by the rules. We
will consider any relevant comments we receive. If appropriate, we will
publish a final rule to respond to any such comments we receive, and to
make any changes to the rules based on the comments.
Regulatory Procedures
Justification for Issuing Interim Final Rules Without Notice and
Comment
We follow the Administrative Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553 when we develop regulations.\1\
Generally, the APA requires that an agency provide prior notice and
opportunity for public comment before issuing interim final rules. The
APA provides exceptions to its notice and public comment procedures
when an agency finds there is good cause for dispensing with such
procedures because they are impracticable, unnecessary, or contrary to
the public interest.\2\
---------------------------------------------------------------------------
\1\ Section 702(a)(5) of the Social Security Act, 42 U.S.C.
902(a)(5).
\2\ 5 U.S.C. 553(b)(B).
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We find that there is good cause under 5 U.S.C. 553(b)(B) for
dispensing with the notice and public comment procedures for these
rules. We find that prior public comment is unnecessary because these
rules only change our internal administrative procedures that govern
the situations in which we, rather than the State agency, request
evidence from some medical providers. The changes we are making to our
rules do not affect the rights or benefits of the public or make any
changes in the standards that the State agency uses to determine
disability. Our current rules describe certain circumstances when we
secure evidence. These interim final rules reflect that our evidence
collection will become more routine than it traditionally has been, in
recognition of the advent of health IT. Because we are not making any
substantive changes to our current disability determination rules at
this time, we find that prior public comment is unnecessary. However,
we are inviting public comment on these interim final rules and will
consider any substantive comments we receive within 60 days of the
publication of these rules.
In addition, we find good cause for dispensing with the 30-day
delay in the effective date of these rules provided for in 5 U.S.C.
553(d)(3). For the reasons stated above, we find it unnecessary to
delay the effective date of the changes we are making in these interim
final rules. Accordingly, we are making them effective upon
publication.
Executive Order 12866 as Supplemented by Executive Order 13563
We consulted with the Office of Management and Budget (OMB) and
determined that these interim final rules do not meet the criteria for
a significant regulatory action under Executive Order 12866, as
supplemented by Executive Order 13563. Thus, OMB did not review the
interim final rules.
Regulatory Flexibility Act
We certify that these interim final rules will not have a
significant economic impact on a substantial number of small entities
because the rules affect our internal procedures for handling claims
for individuals only. Therefore, the Regulatory Flexibility Act, as
amended, does not require us to prepare a regulatory flexibility
analysis.
Paperwork Reduction Act
These interim final rules do not create any new or affect any
existing collections and, therefore, do not require OMB approval under
the Paperwork Reduction Act.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security--Disability Insurance; 96.002, Social Security--Retirement
Insurance; 96.004, Social Security--Survivors Insurance; and 96.006,
Supplemental Security Income)
List of Subjects
20 CFR Part 404
Administrative practice and procedure; Blind; Disability benefits;
Old-Age, Survivors, and Disability Insurance; Reporting and
recordkeeping requirements; Social security.
20 CFR Part 416
Administrative practice and procedure; Aged, Blind, Disability
benefits, Public Assistance programs; Reporting and recordkeeping
requirements; Supplemental Security Income (SSI).
Carolyn W. Colvin,
Acting Commissioner of Social Security.
For the reasons set out in the preamble, we are amending 20 CFR
chapter III, parts 404 and 416, as set forth below:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950--)
Subpart Q--[Amended]
0
1. The authority citation for subpart Q of part 404 continues to read
as follows:
Authority: Secs. 205(a), 221, and 702(a)(5) of the Social
Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).
0
2. Amend Sec. 404.1614 by revising paragraph (a), removing paragraph
(b), and re-designating paragraph (c) as paragraph (b).
The revision reads as follows:
Sec. 404.1614 Responsibilities for obtaining evidence to make
disability determinations.
(a) We or the State agency will secure from the claimant or other
sources any
[[Page 33683]]
evidence the State agency needs to make a disability determination.
When we secure the evidence, we will furnish it to the State agency for
use in making the disability determination.
* * * * *
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart J--[Amended]
0
3. The authority citation for subpart J of part 416 continues to read
as follows:
Authority: Secs. 702(a)(5), 1614, 1631, and 1633 of the Social
Security Act (42 U.S.C. 902(a)(5), 1382c, 1383, and 1383b).
0
4. Amend Sec. 416.1014 by revising paragraph (a), removing paragraph
(b), and re-designating paragraph (c) as paragraph (b).
The revision reads as follows:
Sec. 416.1014 Responsibilities for obtaining evidence to make
disability determinations.
(a) We or the State agency will secure from the claimant or other
sources any evidence the State agency needs to make a disability
determination. When we secure the evidence, we will furnish it to the
State agency for use in making the disability determination.
* * * * *
[FR Doc. 2014-13802 Filed 6-11-14; 8:45 am]
BILLING CODE 4191-02-P
