Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA): Preauthorization of Durable Medical Equipment, 31373-31374 [E9-15484]
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Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations
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actions are necessary under the
provisions of the Unfunded Mandates
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et seq.
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20503, Attention: Desk Officer for the
VerDate Nov<24>2008
14:55 Jun 30, 2009
Jkt 217001
Patent and Trademark Office; and (2)
Robert A. Clarke, Director, Office of
Patent Legal Administration,
Commissioner for Patents, P.O. Box
1450, Alexandria, VA 22313–1450.
Notwithstanding any other provision
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Reduction Act unless that collection of
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OMB control number.
List of Subjects in 37 CFR Part 1
Administrative practice and
procedure, Courts, Freedom of
Information, Inventions and patents,
Reporting and recordkeeping
requirements, Small businesses.
PART 1—RULES OF PRACTICE IN
PATENT CASES
1. The authority citation for 37 CFR
part 1 continues to read as follows:
■
Authority: 35 U.S.C. 2(b)(2).
2. Section 1.485 is revised to read as
follows:
■
§ 1.485 Amendments by applicant during
international preliminary examination.
The applicant may make amendments
at the time of filing the Demand. The
applicant may also make amendments
within the time limit set by the
International Preliminary Examining
Authority for reply to any notification
under § 1.484(b) or to any written
opinion. Any such amendments must be
made in accordance with PCT Rule 66.8.
Dated: June 24, 2009.
John J. Doll,
Acting Under Secretary of Commerce for
Intellectual Property and Acting Director of
the United States Patent and Trademark
Office.
[FR Doc. E9–15303 Filed 6–30–09; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR PART 17
RIN 2900–AM99
Civilian Health and Medical Program of
the Department of Veterans Affairs
(CHAMPVA): Preauthorization of
Durable Medical Equipment
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
SUMMARY: This document amends the
Department of Veterans Affairs (VA)
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
31373
medical regulations for the Civilian
Health and Medical Program of the
Department of Veterans Affairs
(CHAMPVA) preauthorization section
by increasing the dollar ceiling for
purchase or rental of durable medical
equipment (DME) from $300 to $2,000.
DATES: Effective Date: The final rule is
effective July 31, 2009.
FOR FURTHER INFORMATION CONTACT: Lisa
Brown, Chief, Policy Management
Division, VA Health Administration
Center, P.O. Box 460948, Denver,
Colorado 80246; (303) 331–7882. (This
is not a toll-free number).
SUPPLEMENTARY INFORMATION: In a
document published in the Federal
Register on October 28, 2008 (73 FR
63914), VA proposed to amend its
medical regulations at 38 CFR Part 17
concerning CHAMPVA benefits.
Specifically, it proposed to amend
§ 17.273(e) regarding durable medical
equipment (DME) by increasing the
dollar ceiling for purchase or rental of
durable medical equipment (DME) from
the $300 to $2,000.
CHAMPVA is a VA medical benefits
program for (1) spouses and children of
veterans who have a permanent and
total service-connected disability and
(2) surviving spouses and children of
veterans who died as a result of a
service-connected disability or while
rated permanently and totally disabled
from a service-connected disability, or
who died in the active military, naval,
or air service in the line of duty and
there is not otherwise entitlement to
Department of Defense TRICARE
benefits. DME is included among the
health care items that are available to
CHAMPVA beneficiaries. To ensure that
DME purchases and rental are medically
necessary, appropriate and within the
Department’s budgetary constraints, VA
requires non-VA providers to obtain
preauthorization before the purchase or
rental of DME for a CHAMPVA
beneficiary when the cost of the DME
exceeds $300. DME purchases greater
than $300 are currently reviewed twice,
i.e., first when a request is submitted for
preauthorization and again when the
claim is officially submitted for
payment.
The current rate was put in place in
1973. Since the cost of common DME
items has steadily increased, this ceiling
no longer reflects current costs. Raising
the dollar amount to $2,000 would make
the administrative processing of DME
claims easier for CHAMPVA
beneficiaries and providers as well as
for VA, since claims under that amount
will only be reviewed once.
VA provided a 60-day comment
period that ended December 29, 2008.
E:\FR\FM\01JYR1.SGM
01JYR1
31374
Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations
We received one comment from five
individuals who jointly expressed their
support for the proposed amendment to
§ 17.273(e). Based on the rationale set
forth in the proposed rule, we are
adopting the provisions of the proposed
rule as a final rule without change.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995, requires that agencies prepare
an assessment of anticipated costs and
benefits before developing any rule that
may result in 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 given year. This
final rule would have no such effect on
State, local, and Tribal governments, or
on the private sector.
Paperwork Reduction Act of 1995
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
Executive Order 12866
Executive Order 12866 directs
agencies to assess all costs and benefits
of 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
Office of Management and Budget
(OMB) unless OMB waives such review,
as any regulatory action that is likely to
result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or Tribal
government or communities; (2) create a
serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
VA has examined the economic,
interagency, budgetary, legal, and policy
implications of this final rule and has
concluded that it is not a significant
regulatory action under the Executive
Order 12866.
VerDate Nov<24>2008
14:55 Jun 30, 2009
Jkt 217001
Regulatory Flexibility Act
POSTAL REGULATORY COMMISSION
The Secretary of Veterans Affairs
hereby certifies that this regulatory
amendment 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. Individuals
eligible for CHAMPVA benefits are
widely dispersed geographically and
thus services provided to them would
not have a significant impact on any
small entity. Therefore, pursuant to 5
U.S.C. 605(b), this rule is exempt from
the initial and final regulatory flexibility
analyses requirements of section 603
and 604.
39 CFR Part 3020
Catalog of Federal Domestic Assistance
This final rule affects the Civilian
Health and Medical Program of the
Department of Veterans Affairs
(CHAMPVA), for which there is no
Catalog of Federal Domestic Assistance
program number.
List of Subjects in 38 CFR Part 17
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug
abuse, Foreign relations, Government
contracts, Grant programs—health,
Health facilities, Health professionals,
Health records, Homeless, Medical and
dental schools, Medical devices,
Medical research, Mental health
programs, Nursing homes, Philippines,
Reporting and recordkeeping
requirements, Travel and transportation
expenses, and Veterans.
Approved: June 22, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
For the reasons stated above, the
Department of Veterans Affairs amends
38 CFR part 17 as follows:
■
PART 17—MEDICAL
1. The authority citation for part 17
continues to read as follows:
■
Authority: 38 U.S.C. 501, 1721, and as
noted in specific sections.
2. Revise paragraph (e) of § 17.273 to
read as follows:
■
§ 17.273
New Postal Product
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Commission is adding
the Postal Service’s Priority Mail
Contract Group to the Competitive
Product List. This action is consistent
with changes in a recent law governing
postal operations. Republication of the
lists of market dominant and
competitive products is also consistent
with new requirements of the law.
DATES: Effective July 1, 2009 and is
applicable beginning June 19, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 and
stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION:
Regulatory History, 74 FR 26744 (June
3, 2009)
The Postal Service seeks to add a new
product identified as Priority Mail
Contract Group to the Competitive
Product List, or, in the alternative, add
new products identified as Priority Mail
Contract 6 through Priority Mail
Contract 10 to the Competitive Product
List. For the reasons that follow, the
Commission adds the contracts
identified in Docket Nos. CP2009–30
through CP2009–34 to the Competitive
Product List as separate, new products.
I. The Postal Service’s Request
On May 19, 2009, the Postal Service
filed a formal request pursuant to 39
U.S.C. 3642 and 39 CFR 3020.30 et seq.
to add a new product entitled Priority
Mail Contract Group to the Competitive
Product List.1 The Postal Service asserts
that Priority Mail Contract Group is a
competitive product ‘‘not of general
applicability’’ within the meaning of 39
U.S.C. 3632(b)(3). Request at 1. The
Request has been assigned Docket No.
MC2009–25.
The Postal Service
contemporaneously filed five contracts
Preauthorization.
*
*
*
*
*
(e) Durable medical equipment with a
purchase or total rental price in excess
of $2,000.
*
*
*
*
*
Authority: 38 U.S.C. 501, 1781.
[FR Doc. E9–15484 Filed 6–30–09; 8:45 am]
BILLING CODE 8320–01–P
PO 00000
[Docket Nos. MC2009–25, CP2009–30,
CP2009–31, CP2009–32, CP2009–33 and
CP2009–34; Order No. 226]
Frm 00030
Fmt 4700
Sfmt 4700
1 Docket No. MC2009–25, Request of the United
States Postal Service to Add Priority Mail Contract
Group to Competitive Product List, May 19, 2009
(Request). In the alternative, the Commission
construes the Postal Service’s proposal as a request
to add Priority Mail Contract 6 through Priority
Mail Contract 10 to the Competitive Product List.
See Order No. 217, Notice and Order Concerning
Priority Mail Contract 6 through 10 Negotiated
Service Agreements, May 26, 2009, at 4, n.5 (Order
No. 217).
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 74, Number 125 (Wednesday, July 1, 2009)]
[Rules and Regulations]
[Pages 31373-31374]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15484]
=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR PART 17
RIN 2900-AM99
Civilian Health and Medical Program of the Department of Veterans
Affairs (CHAMPVA): Preauthorization of Durable Medical Equipment
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the Department of Veterans Affairs (VA)
medical regulations for the Civilian Health and Medical Program of the
Department of Veterans Affairs (CHAMPVA) preauthorization section by
increasing the dollar ceiling for purchase or rental of durable medical
equipment (DME) from $300 to $2,000.
DATES: Effective Date: The final rule is effective July 31, 2009.
FOR FURTHER INFORMATION CONTACT: Lisa Brown, Chief, Policy Management
Division, VA Health Administration Center, P.O. Box 460948, Denver,
Colorado 80246; (303) 331-7882. (This is not a toll-free number).
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register on October 28, 2008 (73 FR 63914), VA proposed to amend its
medical regulations at 38 CFR Part 17 concerning CHAMPVA benefits.
Specifically, it proposed to amend Sec. 17.273(e) regarding durable
medical equipment (DME) by increasing the dollar ceiling for purchase
or rental of durable medical equipment (DME) from the $300 to $2,000.
CHAMPVA is a VA medical benefits program for (1) spouses and
children of veterans who have a permanent and total service-connected
disability and (2) surviving spouses and children of veterans who died
as a result of a service-connected disability or while rated
permanently and totally disabled from a service-connected disability,
or who died in the active military, naval, or air service in the line
of duty and there is not otherwise entitlement to Department of Defense
TRICARE benefits. DME is included among the health care items that are
available to CHAMPVA beneficiaries. To ensure that DME purchases and
rental are medically necessary, appropriate and within the Department's
budgetary constraints, VA requires non-VA providers to obtain
preauthorization before the purchase or rental of DME for a CHAMPVA
beneficiary when the cost of the DME exceeds $300. DME purchases
greater than $300 are currently reviewed twice, i.e., first when a
request is submitted for preauthorization and again when the claim is
officially submitted for payment.
The current rate was put in place in 1973. Since the cost of common
DME items has steadily increased, this ceiling no longer reflects
current costs. Raising the dollar amount to $2,000 would make the
administrative processing of DME claims easier for CHAMPVA
beneficiaries and providers as well as for VA, since claims under that
amount will only be reviewed once.
VA provided a 60-day comment period that ended December 29, 2008.
[[Page 31374]]
We received one comment from five individuals who jointly expressed
their support for the proposed amendment to Sec. 17.273(e). Based on
the rationale set forth in the proposed rule, we are adopting the
provisions of the proposed rule as a final rule without change.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995, requires that agencies
prepare an assessment of anticipated costs and benefits before
developing any rule that may result in 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 given year.
This final rule would have no such effect on State, local, and Tribal
governments, or on the private sector.
Paperwork Reduction Act of 1995
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
Executive Order 12866
Executive Order 12866 directs agencies to assess all costs and
benefits of 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 Office of Management and Budget (OMB) unless OMB waives such
review, as any regulatory action that is likely to result in a rule
that may: (1) Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal government or communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency; (3) materially alter the
budgetary impact of entitlements, grants, user fees, or loan programs
or the rights and obligations of recipients thereof; or (4) raise novel
legal or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order.
VA has examined the economic, interagency, budgetary, legal, and
policy implications of this final rule and has concluded that it is not
a significant regulatory action under the Executive Order 12866.
Regulatory Flexibility Act
The Secretary of Veterans Affairs hereby certifies that this
regulatory amendment 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. Individuals eligible for
CHAMPVA benefits are widely dispersed geographically and thus services
provided to them would not have a significant impact on any small
entity. Therefore, pursuant to 5 U.S.C. 605(b), this rule is exempt
from the initial and final regulatory flexibility analyses requirements
of section 603 and 604.
Catalog of Federal Domestic Assistance
This final rule affects the Civilian Health and Medical Program of
the Department of Veterans Affairs (CHAMPVA), for which there is no
Catalog of Federal Domestic Assistance program number.
List of Subjects in 38 CFR Part 17
Administrative practice and procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug abuse, Foreign relations,
Government contracts, Grant programs--health, Health facilities, Health
professionals, Health records, Homeless, Medical and dental schools,
Medical devices, Medical research, Mental health programs, Nursing
homes, Philippines, Reporting and recordkeeping requirements, Travel
and transportation expenses, and Veterans.
Approved: June 22, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
0
For the reasons stated above, the Department of Veterans Affairs amends
38 CFR part 17 as follows:
PART 17--MEDICAL
0
1. The authority citation for part 17 continues to read as follows:
Authority: 38 U.S.C. 501, 1721, and as noted in specific
sections.
0
2. Revise paragraph (e) of Sec. 17.273 to read as follows:
Sec. 17.273 Preauthorization.
* * * * *
(e) Durable medical equipment with a purchase or total rental price
in excess of $2,000.
* * * * *
Authority: 38 U.S.C. 501, 1781.
[FR Doc. E9-15484 Filed 6-30-09; 8:45 am]
BILLING CODE 8320-01-P
