TRICARE; TRICARE Retiree Dental Program (TRDP) Basic Benefit Descriptions and Administrative Corrections, 54212-54214 [07-4658]
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54212
Federal Register / Vol. 72, No. 184 / Monday, September 24, 2007 / Rules and Regulations
Issued on: August 6, 2007.
J. Richard Capka,
Federal Highway Administrator.
In consideration of the foregoing, the
FHWA amends title 23, Code of Federal
Regulations, part 637, as set forth below:
I
PART 637—CONSTRUCTION
INSPECTION AND APPROVAL
1. The authority citation for part 637
continues to read as follows:
I
Authority: Sec. 1307, Pub. L. 105–178, 112
Stat. 107; 23 U.S.C. 109, 114, and 315; 49
CFR 1.48(b).
2. In § 637.209, add paragraph (a)(5) to
read as follows:
I
§ 637.209 Laboratory and sampling and
testing personnel qualifications.
*
*
*
*
*
(a) * * *
(5) After September 24, 2009,
laboratories that perform crash testing
for acceptance of roadside hardware by
the FHWA shall be accredited by a
laboratory accreditation body that is
recognized by the National Cooperation
for Laboratory Accreditation (NACLA),
is a signatory to the Asia Pacific
Laboratory Accreditation Cooperation
(APLAC) Mutual Recognition
Arrangement (MRA), is a signatory to
the International Laboratory
Accreditation Cooperation (ILAC)
Mutual Recognition Arrangement
(MRA), or another accreditation body
acceptable to FHWA.
*
*
*
*
*
[FR Doc. E7–18725 Filed 9–21–07; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD–2006–HA–0210]
RIN 0720–AB12
32 CFR Part 199
TRICARE; TRICARE Retiree Dental
Program (TRDP) Basic Benefit
Descriptions and Administrative
Corrections
Office of the Secretary, DoD.
Final rule.
AGENCY:
rfrederick on PROD1PC67 with RULES
ACTION:
SUMMARY: This final rule amends
TRICARE Retiree Dental Program
(TRDP) Basic benefit descriptions by
replacing specific American Dental
Association (ADA) dental procedure
codes and nomenclature with general
benefit categories and descriptions. This
revision is necessary to keep the
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12:22 Sep 21, 2007
Jkt 211001
regulation current, since dental
procedure codes are added, revised, and
deleted on a regular basis. This final
rule does not change or eliminate any
benefits that are currently available
under the TRDP program. This final rule
also revises several incorrect, obsolete,
or historical terms pertaining to the
TRICARE program, and removes an
inaccurate statement regarding appeals
and grievances.
DATES: Effective Date: October 24, 2007.
ADDRESSES: TRICARE Management
Activity, 16401 East Centretech
Parkway, Aurora, CO 80011–9066.
FOR FURTHER INFORMATION CONTACT:
Debra Hatzel, Program Requirements
Division, TRICARE Management
Activity, telephone (303) 676–3572.
SUPPLEMENTARY INFORMATION:
1. Introduction and Background
A. Provisions of the Rule Regarding
Dental Procedure Codes and
Nomenclature. This final rule amends
TRICARE Retiree Dental Program
(TRDP) Basic benefit descriptions by
removing specific American Dental
Association (ADA) dental procedure
codes and nomenclature, and replacing
them with general benefit categories and
descriptions from the most recent
Current Dental Terminology (CDT)
Manual (CDT–2005). This action is
required because dental procedure
codes and nomenclature are added,
revised, and deleted by the ADA every
two years; when this occurs, the
regulation must also be revised to reflect
the new codes and nomenclature.
Maintaining specific procedure codes
and nomenclature in the regulation is
unnecessary, since the TRDP contract
and TRDP marketing materials
(available at https://www.tricare.osd.mil/
dental/dm2.cfm) already contain
detailed benefit descriptions. Also, the
TRDP contractor and enrollees are
notified when the Government directs
any changes to TRDP benefits, limits, or
exclusions. The TRDP contract and
TRDP marketing materials will continue
to be the primary vehicles for
communicating specific benefit
information to the TRDP contractor and
beneficiaries. Removal of specific
procedure codes and nomenclature from
this section does not change or
eliminate any benefits that are currently
available under the TRDP. The general
categories of benefits that are listed in
this final rule will be adjusted
periodically to conform to the current
CDT Manual.
Although there are many similarities
between the TRDP and the TRICARE
Dental Program (TDP), the benefits are
not identical. Also, there are different
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Frm 00006
Fmt 4700
Sfmt 4700
dental benefits available under the
TRDP Basic program and the TRDP
Enhanced program. The general benefit
categories in this TRDP final rule differ
from the TDP benefit categories listed in
32 CFR Part 199.13. This variance exists
because some of the benefits offered
under the TDP are not benefits under
the TRDP Basic program (e.g.,
prosthodontic and orthodontic services),
and because the TDP benefit categories
were derived from an earlier version of
the CDT Manual.
B. Provisions of the Rule Regarding
the Administrative Correction of
Incorrect, Obsolete, or Historical Terms
and Inaccurate Information. The
proposed rule addressed the revision of
several incorrect, obsolete or historical
terms that appear in the regulation.
Specifically, ‘‘Director, OCHAMPUS’’
was proposed to be amended to
‘‘Director, TRICARE Management
Activity’’; ‘‘Assistant Secretary of
Defense (Human Affairs)’’ was proposed
to be amended to ‘‘Assistant Secretary of
Defense (Health Affairs)’’; ‘‘Active Duty
Dependents Dental Program’’ was
proposed to be amended to ‘‘TRICARE
Dental Program’’; ‘‘CHAMPUS’’ was
proposed to be amended to ‘‘TRICARE/
CHAMPUS’’; and ‘‘OCHAMPUS’’ was
proposed to be amended to ‘‘TRICARE
Management Activity.’’
Subsequent to the publication of the
proposed rule, TRICARE Management
Activity identified a long-standing error
in the regulation regarding appeals and
grievances. Specifically, 32 CFR
199.22(k)(1) currently states, ‘‘Appeal
and hearing procedures. All levels of
appeals and grievances established by
the Contractor for internal review shall
be exhausted prior to forwarding to
OCHAMPUS for a final review.
Procedures comparable to those
established under Sec. 199.13(h) of this
part shall apply.’’ The first sentence in
this paragraph is inaccurate. TRDP
grievances are written complaints
regarding non-appealable issues
involving a perceived failure of a
provider or contractor staff to furnish
the expected level or quality of care
(e.g., demeanor or behavior of providers
or their staff). The TRDP contractor is
responsible for the investigation and
resolution of grievances; since they are
not forwarded to TMA for ‘‘final
review’’, the current CFR language is
incorrect. Appeals involve decisions
related to TRICARE benefits (e.g., denial
of preauthorization for requested
services, or denial of TRICARE payment
for services received). Appeals are
initially sent to the TRDP contractor for
reconsideration. If the original denial is
upheld (and the amount in dispute is
$50 or more), the beneficiary may
E:\FR\FM\24SER1.SGM
24SER1
Federal Register / Vol. 72, No. 184 / Monday, September 24, 2007 / Rules and Regulations
request a formal review by the TRICARE
Management Activity. If the beneficiary
is dissatisfied with the formal review
decision (and the amount in dispute is
$300 or more, the beneficiary may
request that the TRICARE Management
Activity schedule an independent
hearing. Since there are two possible
levels of action for appeals that are
forwarded to the TRICARE Management
Activity (not a single ‘‘final review’’),
the current CFR language is incorrect.
Therefore, the inaccurate sentence has
been deleted in this final rule as an
administrative correction. The current
TRDP appeal and hearing procedures
are comparable to those established
under Sec. 199.13(h) as required by the
regulation, and are unchanged by this
rule.
rfrederick on PROD1PC67 with RULES
II. Public Comments
The proposed rule was published in
the Federal Register on November 27,
2006. We received no public comments.
III. Regulatory Procedures
Executive Order 12866 directs
agencies to assess all costs and benefits
available, regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety, and other advantages;
distributive impacts; and equity). The
Order classifies a rule as a significant
regulatory action requiring review by
the Office of Management and Budget if
it meets any one of a number of
specified conditions, including having
an annual effect on the national
economy of $100 million or more,
creating a serious inconsistency or
interfering with an action of another
agency, materially altering the
budgetary impact of entitlements or the
right of entitlement recipients, or raising
novel legal or policy issues. DoD has
examined the economic, legal, and
policy implications of this final rule and
has concluded that is not a significant
regulatory action. The changes set forth
in the final rule are minor
administrative revisions to the existing
regulation which do not change the
basic TRDP benefit structure. This is
neither a significant regulatory action
under Executive Order 12866, nor
would it have a significant impact on
small entities.
Regulatory Flexibility Act (RFA)
requires that each Federal Agency
prepare and make available for public
comment, a regulatory flexibility
analysis when the agency issues a
Regulation which would have a
significant impact on a substantial
number of small entities.
VerDate Aug<31>2005
13:14 Sep 21, 2007
Jkt 211001
This final rule is not a major rule
under the Congressional Review Act
because its economic impact will be less
than $100 million.
Executive Order 13132 requires that
each Federal Agency shall consult with
State and local officials and obtain their
input if a rule has federalism
implications which have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have
examined the impact of the final rule
under Executive Order 13132 and it
does not have policies that have
federalism implications that would have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government; therefore,
consultation with State and local
officials is not required. In addition, this
final rule does not impose new
information collection requirements for
purposes of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501–3511).
List of Subjects in 32 CFR Part 199
Claims, Dental health, Health care,
Health insurance, Individuals with
disabilities, Military personnel.
I Accordingly, 32 CFR part 199 is
amended as follows:
PART 199—[AMENDED]
1. The authority citation for part 199
continues to read as follows:
I
Authority: 5 U.S.C. 301; 10 U.S.C. chapter
55.
2. Section 199.22 is amended by
revising the last sentence of paragraph
(b)(1), paragraph (b)(4), paragraph (c),
paragraph (d)(1)(v), the first sentence of
paragraph (d)(4)(ii), paragraph (f)
introductory text, paragraph (f)(1)
introductory text, paragraphs (f)(1)(i)
through (f)(1)(vii), the first sentence of
paragraph (f)(3), and paragraph (g); and
by removing paragraph (f)(1)(viii),
paragraph (f)(1)(ix), and the first
sentence of paragraph (k) to read as
follows:
I
§199.22 TRICARE Retiree Dental Program
(TRDP).
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(b) * * *
(1) * * * Additional services
comparable to those contained in
paragraph (e)(2) of §199.13 may be
covered pursuant to benefit policy
decisions made by the Director,
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54213
TRICARE Management Activity, or
designee.
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(4) Except as otherwise provided in
this section or by the Assistant Secretary
of Defense (Health Affairs) or designee,
the TRDP is administered in a manner
similar to the TRICARE Dental Program
under §199.13 of this part.
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*
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*
(c) Except as may be specifically
provided in this section, to the extent
terms defined in §199.2 and §199.13(b)
are relevant to the administration of the
TRICARE Retiree Dental Program, the
definitions contained in §199.2 and
§199.13(b) shall apply to the TRDP as
they do to TRICARE/CHAMPUS and the
TRICARE Dental Program.
(d) * * *
(1) * * *
(v) The unremarried surviving spouse
and eligible child dependents of a
deceased member who died while in
status described in paragraph (d)(1)(i) or
paragraph (d)(1)(ii) of this section; the
unremarried surviving spouse and
eligible child dependents who receive a
surviving spouse annuity; or the
unremarried surviving spouse and
eligible child dependents of a deceased
member who died while on active duty
for a period of more than 30 days and
whose eligible dependents are not
eligible or no longer for the TRICARE
Dental Program.
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(4) * * *
(ii) Enrollment period for enhanced
benefits. The initial enrollment period
for enhanced benefit coverage described
in paragraph (f)(2) of this section shall
be established by the Director, TRICARE
Management Activity, or designee,
when such coverage is offered, to be a
period of not less than 12 months and
not more than 24 months. * * *
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(f) Plan benefits. The Director,
TRICARE Management Activity, or
designee, may modify the services
covered by the TRDP to the extent
determined appropriate based on
developments in common dental care
practices and standard dental programs.
In addition, the Director, TRICARE
Management Activity, or designee, may
establish such exclusions and
limitations as are consistent with those
established by dental insurance and
prepayment plans to control utilization
and quality of care for the services and
items covered by the TRDP.
(1) The minimum TRDP benefit is
basic dental care to include diagnostic
services, preventive services, restorative
services, endodontic services,
periodontic services, oral surgery
E:\FR\FM\24SER1.SGM
24SER1
rfrederick on PROD1PC67 with RULES
54214
Federal Register / Vol. 72, No. 184 / Monday, September 24, 2007 / Rules and Regulations
services, and other general services. The
following is the minimum TRDP
covered dental benefit:
(i) Diagnostic services.
(A) Clinical oral examinations.
(B) Radiographs and diagnostic
imaging.
(C) Tests and laboratory examinations.
(ii) Preventive services.
(A) Dental prophylaxis.
(B) Topical fluoride treatment (office
procedure).
(C) Sealants.
(D) Other preventive services.
(E) Space maintenance.
(iii) Restorative services.
(A) Amalgam restorations.
(B) Resin-based composite
restorations.
(C) Other restorative services.
(iv) Endodontic services.
(A) Pulp capping.
(B) Pulpotomy and pulpectomy.
(C) Root canal therapy.
(D) Apexification and recalcification
procedures.
(E) Apicoectomy and periradicular
services.
(F) Other endodontic procedures.
(v) Periodontic Services.
(A) Surgical services.
(B) Periodontal services.
(vi) Oral surgery.
(A) Extractions.
(B) Surgical extractions.
(C) Alveoloplasty.
(D) Biopsy.
(E) Other surgical procedures.
(vii) Other general services.
(A) Palliative (emergenery) treatment
of dental pain.
(B) Therapeutic drug injection.
(C) Other drugs and/or medicaments.
(D) Treatment of postsurgical
complications.
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*
*
*
(3) Alternative course of treatment
policy. The Director, TRICARE
Management Activity, or designee, may
establish, in accordance with generally
accepted dental benefit practices, an
alternative course of treatment policy
which provides reimbursement in
instances where the dentist and TRDP
enrollee select a more expensive service,
procedure, or course of treatement than
in customarily provided. * * *
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*
*
*
(g) Maximum coverage amounts. Each
enrollee is subject to an annual
maximum coverage amount for nonorthodontic dental benefits and, if an
orthodontic benefit is offered, a lifetime
maximum coverage amount for
orthodontics as established by the
Director, TRICARE Management
Activity, or designee.
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*
*
*
VerDate Aug<31>2005
12:22 Sep 21, 2007
Jkt 211001
Dated: September 14, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 07–4658 Filed 9–21–07; 8:45 am]
BILLING CODE 5001–06–M
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Correction Instructions
In rule FR Doc. 07–4357 published on
September 5, 2007 (72 FR 50877), make
the following corrections:
1. On page 50877, in the first column,
in line 17, remove the words ‘‘Waapa
Road’’ and add, in their place, the words
‘‘the jetty access road (commonly
known as Jetty Road)’’.
2. On page 50877, in the second
column, in line 21, remove ‘‘533’’ and
add, in its place, ‘‘553’’.
§ 165.T14–160
33 CFR Part 165
3. On page 50879, in the first line of
the second column, in § 165.T14–160(a),
remove the words ‘‘Waapa Road’’ and
add, in their place, the words ‘‘the jetty
access road (commonly known as Jetty
Road)’’.
I
[Docket No. USCG–2007–29153]
RIN 1625–AA87
Security Zone; Hawaii Superferry
Arrival/Departure, Nawiliwili Harbor,
Kauai, HI
Coast Guard, DHS.
Temporary final rule; additional
correction.
AGENCY:
ACTION:
SUMMARY: This document corrects a
typographical error in a U.S. Code
section number and corrects a reference
to an access road on the jetty south of
Nawiliwili Park in a temporary final
rule entitled ‘‘Security Zone; Hawaii
Super Ferry Arrival/Departure,
Nawiliwili Harbor, Kauai, Hawaii’’ that
was published September 5, 2007, in the
Federal Register.
These corrections are effective
September 24, 2007.
DATES:
FOR FURTHER INFORMATION CONTACT:
Lieutenant (Junior Grade) Jasmin Parker,
U.S. Coast Guard Sector Honolulu at
808–842–2673.
On
September 5, 2007, the Coast Guard
published a temporary final rule
entitled ‘‘Security Zone; Hawaii Super
Ferry Arrival/Departure, Nawiliwili
Harbor, Kauai, Hawaii’’ in the Federal
Register (72 FR 50877). In that
document references were made to
Waapa Road being included in the
security zone covering land on the jetty
south of Nawiliwili Park. The road in
the zone is not named ‘‘Waapa Road’’;
instead, that jetty access road is
commonly known as ‘‘Jetty Road.’’ Also,
when citing to the authority for making
the rule effective less than 30 days after
publication, instead of citing to 5 U.S.C.
553(d)(3), because of a typographic
error, that section was cited as ‘‘533.’’
This document corrects those errors. A
previous correction document for this
rule was published September 13, 2007
(72 FR 52282).
SUPPLEMENTARY INFORMATION:
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Frm 00008
Fmt 4700
[Corrected]
Sfmt 4700
Dated: September 19, 2007.
Stefan G. Venckus,
Chief, Office of Regulations and
Administrative Law, United States Coast
Guard.
[FR Doc. E7–18783 Filed 9–21–07; 8:45 am]
BILLING CODE 4910–15–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket No. 05–195, CC Docket No. 96–
45, CC Docket No. 02–6, WC Docket No.
02–60, WC Docket No. 03–109, CC Docket
No. 97–21; FCC 07–150]
Measures To Safeguard the Universal
Service Fund From Waste, Fraud, and
Abuse as Well as Measures To
Improve the Management,
Administration, and Oversight of the
Universal Service Fund
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
SUMMARY: In the Report and Order, the
Commission adopted measures to
safeguard the Universal Service Fund
(‘‘USF’’) from waste, fraud, and abuse.
The intended effect of the measures
adopted is to improve the management,
administration, and oversight of the
USF.
Effective October 24, 2007 except
for the amendments to §§ 54.202,
54.417, 54.619, and 54.706, which
contain information collection
requirements that are not effective until
approved by the Office of Management
and Budget. The FCC will publish a
document in the Federal Register
announcing the effective date for those
sections. Additionally, the Commission
will send, as a minor rule, a copy of this
DATES:
E:\FR\FM\24SER1.SGM
24SER1
Agencies
[Federal Register Volume 72, Number 184 (Monday, September 24, 2007)]
[Rules and Regulations]
[Pages 54212-54214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4658]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD-2006-HA-0210]
RIN 0720-AB12
32 CFR Part 199
TRICARE; TRICARE Retiree Dental Program (TRDP) Basic Benefit
Descriptions and Administrative Corrections
AGENCY: Office of the Secretary, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends TRICARE Retiree Dental Program (TRDP)
Basic benefit descriptions by replacing specific American Dental
Association (ADA) dental procedure codes and nomenclature with general
benefit categories and descriptions. This revision is necessary to keep
the regulation current, since dental procedure codes are added,
revised, and deleted on a regular basis. This final rule does not
change or eliminate any benefits that are currently available under the
TRDP program. This final rule also revises several incorrect, obsolete,
or historical terms pertaining to the TRICARE program, and removes an
inaccurate statement regarding appeals and grievances.
DATES: Effective Date: October 24, 2007.
ADDRESSES: TRICARE Management Activity, 16401 East Centretech Parkway,
Aurora, CO 80011-9066.
FOR FURTHER INFORMATION CONTACT: Debra Hatzel, Program Requirements
Division, TRICARE Management Activity, telephone (303) 676-3572.
SUPPLEMENTARY INFORMATION:
1. Introduction and Background
A. Provisions of the Rule Regarding Dental Procedure Codes and
Nomenclature. This final rule amends TRICARE Retiree Dental Program
(TRDP) Basic benefit descriptions by removing specific American Dental
Association (ADA) dental procedure codes and nomenclature, and
replacing them with general benefit categories and descriptions from
the most recent Current Dental Terminology (CDT) Manual (CDT-2005).
This action is required because dental procedure codes and nomenclature
are added, revised, and deleted by the ADA every two years; when this
occurs, the regulation must also be revised to reflect the new codes
and nomenclature. Maintaining specific procedure codes and nomenclature
in the regulation is unnecessary, since the TRDP contract and TRDP
marketing materials (available at https://www.tricare.osd.mil/dental/
dm2.cfm) already contain detailed benefit descriptions. Also, the TRDP
contractor and enrollees are notified when the Government directs any
changes to TRDP benefits, limits, or exclusions. The TRDP contract and
TRDP marketing materials will continue to be the primary vehicles for
communicating specific benefit information to the TRDP contractor and
beneficiaries. Removal of specific procedure codes and nomenclature
from this section does not change or eliminate any benefits that are
currently available under the TRDP. The general categories of benefits
that are listed in this final rule will be adjusted periodically to
conform to the current CDT Manual.
Although there are many similarities between the TRDP and the
TRICARE Dental Program (TDP), the benefits are not identical. Also,
there are different dental benefits available under the TRDP Basic
program and the TRDP Enhanced program. The general benefit categories
in this TRDP final rule differ from the TDP benefit categories listed
in 32 CFR Part 199.13. This variance exists because some of the
benefits offered under the TDP are not benefits under the TRDP Basic
program (e.g., prosthodontic and orthodontic services), and because the
TDP benefit categories were derived from an earlier version of the CDT
Manual.
B. Provisions of the Rule Regarding the Administrative Correction
of Incorrect, Obsolete, or Historical Terms and Inaccurate Information.
The proposed rule addressed the revision of several incorrect, obsolete
or historical terms that appear in the regulation. Specifically,
``Director, OCHAMPUS'' was proposed to be amended to ``Director,
TRICARE Management Activity''; ``Assistant Secretary of Defense (Human
Affairs)'' was proposed to be amended to ``Assistant Secretary of
Defense (Health Affairs)''; ``Active Duty Dependents Dental Program''
was proposed to be amended to ``TRICARE Dental Program''; ``CHAMPUS''
was proposed to be amended to ``TRICARE/CHAMPUS''; and ``OCHAMPUS'' was
proposed to be amended to ``TRICARE Management Activity.''
Subsequent to the publication of the proposed rule, TRICARE
Management Activity identified a long-standing error in the regulation
regarding appeals and grievances. Specifically, 32 CFR 199.22(k)(1)
currently states, ``Appeal and hearing procedures. All levels of
appeals and grievances established by the Contractor for internal
review shall be exhausted prior to forwarding to OCHAMPUS for a final
review. Procedures comparable to those established under Sec. 199.13(h)
of this part shall apply.'' The first sentence in this paragraph is
inaccurate. TRDP grievances are written complaints regarding non-
appealable issues involving a perceived failure of a provider or
contractor staff to furnish the expected level or quality of care
(e.g., demeanor or behavior of providers or their staff). The TRDP
contractor is responsible for the investigation and resolution of
grievances; since they are not forwarded to TMA for ``final review'',
the current CFR language is incorrect. Appeals involve decisions
related to TRICARE benefits (e.g., denial of preauthorization for
requested services, or denial of TRICARE payment for services
received). Appeals are initially sent to the TRDP contractor for
reconsideration. If the original denial is upheld (and the amount in
dispute is $50 or more), the beneficiary may
[[Page 54213]]
request a formal review by the TRICARE Management Activity. If the
beneficiary is dissatisfied with the formal review decision (and the
amount in dispute is $300 or more, the beneficiary may request that the
TRICARE Management Activity schedule an independent hearing. Since
there are two possible levels of action for appeals that are forwarded
to the TRICARE Management Activity (not a single ``final review''), the
current CFR language is incorrect. Therefore, the inaccurate sentence
has been deleted in this final rule as an administrative correction.
The current TRDP appeal and hearing procedures are comparable to those
established under Sec. 199.13(h) as required by the regulation, and are
unchanged by this rule.
II. Public Comments
The proposed rule was published in the Federal Register on November
27, 2006. We received no public comments.
III. Regulatory Procedures
Executive Order 12866 directs agencies to assess all costs and
benefits available, regulatory alternatives and, when regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity). The Order
classifies a rule as a significant regulatory action requiring review
by the Office of Management and Budget if it meets any one of a number
of specified conditions, including having an annual effect on the
national economy of $100 million or more, creating a serious
inconsistency or interfering with an action of another agency,
materially altering the budgetary impact of entitlements or the right
of entitlement recipients, or raising novel legal or policy issues. DoD
has examined the economic, legal, and policy implications of this final
rule and has concluded that is not a significant regulatory action. The
changes set forth in the final rule are minor administrative revisions
to the existing regulation which do not change the basic TRDP benefit
structure. This is neither a significant regulatory action under
Executive Order 12866, nor would it have a significant impact on small
entities.
Regulatory Flexibility Act (RFA) requires that each Federal Agency
prepare and make available for public comment, a regulatory flexibility
analysis when the agency issues a Regulation which would have a
significant impact on a substantial number of small entities.
This final rule is not a major rule under the Congressional Review
Act because its economic impact will be less than $100 million.
Executive Order 13132 requires that each Federal Agency shall
consult with State and local officials and obtain their input if a rule
has federalism implications which have substantial direct effects on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. We have examined the impact of the final
rule under Executive Order 13132 and it does not have policies that
have federalism implications that would have substantial direct effects
on the States, on the relationship between the national government and
the States, or on the distribution of power and responsibilities among
the various levels of government; therefore, consultation with State
and local officials is not required. In addition, this final rule does
not impose new information collection requirements for purposes of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3511).
List of Subjects in 32 CFR Part 199
Claims, Dental health, Health care, Health insurance, Individuals
with disabilities, Military personnel.
0
Accordingly, 32 CFR part 199 is amended as follows:
PART 199--[AMENDED]
0
1. The authority citation for part 199 continues to read as follows:
Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55.
0
2. Section 199.22 is amended by revising the last sentence of paragraph
(b)(1), paragraph (b)(4), paragraph (c), paragraph (d)(1)(v), the first
sentence of paragraph (d)(4)(ii), paragraph (f) introductory text,
paragraph (f)(1) introductory text, paragraphs (f)(1)(i) through
(f)(1)(vii), the first sentence of paragraph (f)(3), and paragraph (g);
and by removing paragraph (f)(1)(viii), paragraph (f)(1)(ix), and the
first sentence of paragraph (k) to read as follows:
Sec. 199.22 TRICARE Retiree Dental Program (TRDP).
* * * * *
(b) * * *
(1) * * * Additional services comparable to those contained in
paragraph (e)(2) of Sec. 199.13 may be covered pursuant to benefit
policy decisions made by the Director, TRICARE Management Activity, or
designee.
* * * * *
(4) Except as otherwise provided in this section or by the
Assistant Secretary of Defense (Health Affairs) or designee, the TRDP
is administered in a manner similar to the TRICARE Dental Program under
Sec. 199.13 of this part.
* * * * *
(c) Except as may be specifically provided in this section, to the
extent terms defined in Sec. 199.2 and Sec. 199.13(b) are relevant to
the administration of the TRICARE Retiree Dental Program, the
definitions contained in Sec. 199.2 and Sec. 199.13(b) shall apply to
the TRDP as they do to TRICARE/CHAMPUS and the TRICARE Dental Program.
(d) * * *
(1) * * *
(v) The unremarried surviving spouse and eligible child dependents
of a deceased member who died while in status described in paragraph
(d)(1)(i) or paragraph (d)(1)(ii) of this section; the unremarried
surviving spouse and eligible child dependents who receive a surviving
spouse annuity; or the unremarried surviving spouse and eligible child
dependents of a deceased member who died while on active duty for a
period of more than 30 days and whose eligible dependents are not
eligible or no longer for the TRICARE Dental Program.
* * * * *
(4) * * *
(ii) Enrollment period for enhanced benefits. The initial
enrollment period for enhanced benefit coverage described in paragraph
(f)(2) of this section shall be established by the Director, TRICARE
Management Activity, or designee, when such coverage is offered, to be
a period of not less than 12 months and not more than 24 months. * * *
* * * * *
(f) Plan benefits. The Director, TRICARE Management Activity, or
designee, may modify the services covered by the TRDP to the extent
determined appropriate based on developments in common dental care
practices and standard dental programs. In addition, the Director,
TRICARE Management Activity, or designee, may establish such exclusions
and limitations as are consistent with those established by dental
insurance and prepayment plans to control utilization and quality of
care for the services and items covered by the TRDP.
(1) The minimum TRDP benefit is basic dental care to include
diagnostic services, preventive services, restorative services,
endodontic services, periodontic services, oral surgery
[[Page 54214]]
services, and other general services. The following is the minimum TRDP
covered dental benefit:
(i) Diagnostic services.
(A) Clinical oral examinations.
(B) Radiographs and diagnostic imaging.
(C) Tests and laboratory examinations.
(ii) Preventive services.
(A) Dental prophylaxis.
(B) Topical fluoride treatment (office procedure).
(C) Sealants.
(D) Other preventive services.
(E) Space maintenance.
(iii) Restorative services.
(A) Amalgam restorations.
(B) Resin-based composite restorations.
(C) Other restorative services.
(iv) Endodontic services.
(A) Pulp capping.
(B) Pulpotomy and pulpectomy.
(C) Root canal therapy.
(D) Apexification and recalcification procedures.
(E) Apicoectomy and periradicular services.
(F) Other endodontic procedures.
(v) Periodontic Services.
(A) Surgical services.
(B) Periodontal services.
(vi) Oral surgery.
(A) Extractions.
(B) Surgical extractions.
(C) Alveoloplasty.
(D) Biopsy.
(E) Other surgical procedures.
(vii) Other general services.
(A) Palliative (emergenery) treatment of dental pain.
(B) Therapeutic drug injection.
(C) Other drugs and/or medicaments.
(D) Treatment of postsurgical complications.
* * * * *
(3) Alternative course of treatment policy. The Director, TRICARE
Management Activity, or designee, may establish, in accordance with
generally accepted dental benefit practices, an alternative course of
treatment policy which provides reimbursement in instances where the
dentist and TRDP enrollee select a more expensive service, procedure,
or course of treatement than in customarily provided. * * *
* * * * *
(g) Maximum coverage amounts. Each enrollee is subject to an annual
maximum coverage amount for non-orthodontic dental benefits and, if an
orthodontic benefit is offered, a lifetime maximum coverage amount for
orthodontics as established by the Director, TRICARE Management
Activity, or designee.
* * * * *
Dated: September 14, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 07-4658 Filed 9-21-07; 8:45 am]
BILLING CODE 5001-06-M