TRICARE; TRICARE Delivery of Health Care in Alaska, 62270-62271 [E9-28357]
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Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Proposed Rules
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government. It has been
certified that this proposed rule does
not have federalism implications, as set
forth in Executive Order 13132.
List of Subjects in 32 CFR Part 199
Claims, Dental health, Health care,
Health insurance, Individuals with
disabilities, Military personnel.
Accordingly, 32 CFR part 199 is
proposed to be amended as follows:
PART 199—[AMENDED]
1. The authority citation for part 199
continues to read as follows:
Authority: 5 U.S.C. 301; 10 U.S.C. Chapter
55.
2. Section 199.3 is amended by
adding two new paragraphs (e)(1)(v) and
(e)(1)(vi) to read as follows:
§ 199.3
Eligibility.
*
*
*
*
*
(e) * * *
(1) * * *
(v) A member who receives a sole
survivorship discharge (as defined in
section 1174(i) of title 10, United States
Code).
(vi) A member who is separated from
active duty who agrees newly to become
a member of the Selected Reserve of the
Ready Reserve of a reserve component.
*
*
*
*
*
Dated: November 19, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E9–28359 Filed 11–25–09; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[DoD–2008–HA–0123; RIN 0720–AB29]
32 CFR Part 199
TRICARE; TRICARE Delivery of Health
Care in Alaska
jlentini on DSKJ8SOYB1PROD with PROPOSALS
AGENCY: Office of the Secretary,
Department of Defense.
ACTION: Proposed rule.
SUMMARY: TRICARE has recognized the
unique circumstances existing in Alaska
which make the provision of medical
care to TRICARE beneficiaries through
the TRICARE program operated in the
other 49 States unrealistic. Recognizing
these unique conditions and
circumstances, the Department of
Defense has conducted a demonstration
VerDate Nov<24>2008
18:16 Nov 25, 2009
Jkt 220001
project in the State of Alaska since
implementation of the TRICARE
program under which certain exceptions
have been made for administration of
the program in Alaska. This rule
proposes to incorporate those
demonstration exceptions as permanent
changes to the administration of the
TRICARE program in Alaska. This rule
proposes no change to the TRICARE
benefit or to those who are eligible for
it. However, the rule does eliminate the
financial underwriting of health care
costs in the State of Alaska by a
TRICARE contractor. In addition,
TRICARE Prime may be limited to those
eligible beneficiaries enrolled to a
military treatment facility and those
eligible for TRICARE Prime Remote.
DATES: Written comments received at
the address indicated below by January
26, 2010 will be accepted.
ADDRESSES: You may submit comments,
identified by docket number and/or
Regulatory Information Number (RIN)
number and title, by either of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael O’Bar, TRICARE Management
Activity, TRICARE Policy and
Operations Directorate, telephone (703)
681–0039.
SUPPLEMENTARY INFORMATION:
I. Introduction and Background
In recognition of the unique
geographical and environmental
characteristics of the State of Alaska, the
Department of Defense has conducted a
demonstration project which tested the
viability of implementing the TRICARE
program differently in Alaska (see
Federal Register, Tuesday, May 18,
2004, 69 FR 28124–28125). To date that
demonstration has supported the
impracticability and lack of cost
effectiveness to impose on a TRICARE
contractor the financial underwriting of
the delivery of health care resulting
from costs associated with the TRICARE
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
program over which the contractor has
no control. In addition, implementation
of the TRICARE program in Alaska has
limited TRICARE Prime to those eligible
beneficiaries enrolled at a military
treatment facility (MTF) and those
eligible for TRICARE Prime Remote. The
demonstration is scheduled to end on
March 31, 2009. This rule will make
permanent those aspects of the
demonstration which the Department of
Defense found to be best in the delivery
of health care in Alaska. However, in
order to ensure continuity of health care
services in Alaska during the transition
to the competitively awarded follow-on
TRICARE contract, the demonstration
may be extended until the later of the
start of health care delivery under the
new contract or until this rule becomes
final.
II. Regulatory Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
Section 801 of title 5, United States
Code (U.S.C.) and Executive Order
(E.O.) 12866 require certain regulatory
assessments and procedures for any
major rule or significant regulatory
action, defined as one that would result
in an annual effect of $100 million or
more on the national economy or which
would have other substantial impacts. It
has been certified that this rule is not an
economically significant rule, however,
it is a regulatory action which has been
reviewed by the Office of Management
and Budget as required under the
provisions of E.O. 12866.
Sec. 202, Public Law, 104–4, ‘‘Unfunded
Mandates Reform Act’’
It has been certified that this rule does
not contain a Federal mandate that may
result in the expenditure by State, local
and Tribal governments, in aggregate, or
by the private sector, of $100 million or
more in any one year.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
The Regulatory Flexibility Act (RFA)
requires 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 rule is not an economically
significant regulatory action and will
not have a significant impact on a
substantial number of small entities for
purposes of the RFA. Thus, this
proposed rule is not subject to any of
these requirements.
E:\FR\FM\27NOP1.SGM
27NOP1
Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Proposed Rules
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3511)
This rule will not impose additional
reporting or recordkeeping requirements
under the Paperwork Reduction Act of
1995.
Executive Order 13132, ‘‘Federalism’’
We have examined the impact of the
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.
TRICARE Prime Remote. All other
provisions of this section shall apply to
administration of the TRICARE program
in the State of Alaska as they apply to
the other 49 States and the District of
Columbia.
*
*
*
*
*
Dated: November 19, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E9–28357 Filed 11–25–09; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[DoD–2009–HA–0068; RIN 0720–AB30]
List of Subjects in 32 CFR Part 199
32 CFR Part 199
Claims, dental health, health care,
health insurance, individuals with
disabilities, military personnel.
Accordingly, 32 CFR Part 199 is
proposed to be amended as follows:
TRICARE; Continued Health Care
Benefit Program Expansion
PART 199—CIVILIAN HEALTH AND
MEDICAL PROGRAM OF THE
UNIFORMED SERVICES (CHAMPUS)
SUMMARY: This proposed rule executes
the expansion of section 1078a of title
10, United States Code. With the recent
expansions of the Military Health
System (MHS) coverage, particularly
with the Reserve Component members,
some MHS beneficiaries would not be
eligible for CHCBP under certain
circumstances that terminate their MHS
coverage. This provision allows the
Secretary to establish CHCBP eligibility
for any categories of MHS beneficiaries
who otherwise would lose MHS
coverage with no continued care
eligibility. This proposed rule also
includes administrative changes
providing clarification on some issues
and updates the final rule published in
the Federal Register on September 30,
1994, (59 FR 49817).
DATES: Comments must be received on
or before January 26, 2010.
ADDRESSES: You may submit comments,
identified by docket number and/or RIN
number and title, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
Federal Register document. The general
policy for comments and other
submissions from members of the public
is to make these submissions available
ACTION:
1. The authority citation for Part 199
continues to read as follows:
Authority: 5 U.S.C. 301; 10 U.S.C. chapter
55.
2. Section 199.17 is amended by
revising the second sentence of
paragraph (a)(3), redesignating the
current paragraph (v) as (w), and by
adding a new paragraph (v) to read as
follows:
§ 199.17
TRICARE Program
jlentini on DSKJ8SOYB1PROD with PROPOSALS
*
*
*
*
*
(a) * * *
(3) * * * Its geographical applicability
is to all 50 States (except as modified for
the State of Alaska under paragraph (v)
of this section) and the District of
Columbia. * * *
*
*
*
*
*
(v) Administration of the TRICARE
program in the State of Alaska. In view
of the unique geographical and
environmental characteristics impacting
the delivery of health care in the State
of Alaska, administration of the
TRICARE program in the State of Alaska
will not include financial underwriting
of the delivery of health care by a
TRICARE contractor. In addition, the
Assistant Secretary of Defense (Health
Affairs) may limit the availability of
TRICARE Prime in the State of Alaska
to those eligible beneficiaries enrolled to
a military treatment facility (MTF) and
to those eligible beneficiaries under
VerDate Nov<24>2008
18:16 Nov 25, 2009
Jkt 220001
Department of Defense.
Proposed rule.
AGENCY:
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
62271
for public viewing on the Internet at
https://www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT:
Kathleen Larkin, 703–681–0039.
SUPPLEMENTARY INFORMATION:
I. Introduction and Background
Section 713 of the National Defense
Authorization Act (NDAA) for Fiscal
Year 2004 authorized coverage for
uniformed services rather than armed
services. Section 705 of the NDAA for
Fiscal Year 2008 authorizes the
expansion of persons eligible for the
Continued Health Care Benefit Program
(CHCBP) under Title 10 of the United
States Code, section 1078a. CHCBP is
the program that provides continued
healthcare coverage for MHS
beneficiaries who lose their MHS
eligibility. It is modeled after private
sector ‘‘COBRA Coverage,’’ with the
individual paying 100% of the program
cost plus an amount to cover
administrative expenses. Currently,
CHCBP provides coverage for certain
active duty (AD) service members and
their family members; however, it does
not provide coverage for Reserve
Component (RC) members who have not
been on Active Duty (AD) within the
last 18 months. Furthermore, coverage
under CHCBP is only authorized for 18
months from either separation from AD
or when coverage under the Transitional
Assistance Management Program
(TAMP) (10 U.S.C. 1145) ends. Selected
RC members losing coverage under TRS
do not receive the same extent of
coverage under CHCBP as either
qualified AD members or their family
members.
The change to 10 U.S.C. 1078a
expands CHCBP to include qualified
Reservists. For members of the Selected
Reserves, coverage under CHCBP would
run for 18 months after the date the
member ceases to be entitled to care
under 10 U.S.C. 1076d. In the case of all
other persons, the coverage period is 36
months after the date on which the
person first ceases to be covered under
the military health benefits plan or
transitional health care coverage.
Administrative Changes
CHCBP was directed by Congress in
section 4408 of the National Defense
Authorization Act of Fiscal Year 1993,
Public Law 102–484, which amended
titles 10 U.S.C., by adding section
1078a. The Department of Defense
(DoD) published a final rule regarding
CHCBP in the Federal Register on
September 30, 1994, (59 FR 49817).
E:\FR\FM\27NOP1.SGM
27NOP1
]]>Agencies
[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Proposed Rules]
[Pages 62270-62271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28357]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
[DoD-2008-HA-0123; RIN 0720-AB29]
32 CFR Part 199
TRICARE; TRICARE Delivery of Health Care in Alaska
AGENCY: Office of the Secretary, Department of Defense.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: TRICARE has recognized the unique circumstances existing in
Alaska which make the provision of medical care to TRICARE
beneficiaries through the TRICARE program operated in the other 49
States unrealistic. Recognizing these unique conditions and
circumstances, the Department of Defense has conducted a demonstration
project in the State of Alaska since implementation of the TRICARE
program under which certain exceptions have been made for
administration of the program in Alaska. This rule proposes to
incorporate those demonstration exceptions as permanent changes to the
administration of the TRICARE program in Alaska. This rule proposes no
change to the TRICARE benefit or to those who are eligible for it.
However, the rule does eliminate the financial underwriting of health
care costs in the State of Alaska by a TRICARE contractor. In addition,
TRICARE Prime may be limited to those eligible beneficiaries enrolled
to a military treatment facility and those eligible for TRICARE Prime
Remote.
DATES: Written comments received at the address indicated below by
January 26, 2010 will be accepted.
ADDRESSES: You may submit comments, identified by docket number and/or
Regulatory Information Number (RIN) number and title, by either of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or RIN for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
Internet at https://www.regulations.gov as they are received without
change, including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Mr. Michael O'Bar, TRICARE Management
Activity, TRICARE Policy and Operations Directorate, telephone (703)
681-0039.
SUPPLEMENTARY INFORMATION:
I. Introduction and Background
In recognition of the unique geographical and environmental
characteristics of the State of Alaska, the Department of Defense has
conducted a demonstration project which tested the viability of
implementing the TRICARE program differently in Alaska (see Federal
Register, Tuesday, May 18, 2004, 69 FR 28124-28125). To date that
demonstration has supported the impracticability and lack of cost
effectiveness to impose on a TRICARE contractor the financial
underwriting of the delivery of health care resulting from costs
associated with the TRICARE program over which the contractor has no
control. In addition, implementation of the TRICARE program in Alaska
has limited TRICARE Prime to those eligible beneficiaries enrolled at a
military treatment facility (MTF) and those eligible for TRICARE Prime
Remote. The demonstration is scheduled to end on March 31, 2009. This
rule will make permanent those aspects of the demonstration which the
Department of Defense found to be best in the delivery of health care
in Alaska. However, in order to ensure continuity of health care
services in Alaska during the transition to the competitively awarded
follow-on TRICARE contract, the demonstration may be extended until the
later of the start of health care delivery under the new contract or
until this rule becomes final.
II. Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review''
Section 801 of title 5, United States Code (U.S.C.) and Executive
Order (E.O.) 12866 require certain regulatory assessments and
procedures for any major rule or significant regulatory action, defined
as one that would result in an annual effect of $100 million or more on
the national economy or which would have other substantial impacts. It
has been certified that this rule is not an economically significant
rule, however, it is a regulatory action which has been reviewed by the
Office of Management and Budget as required under the provisions of
E.O. 12866.
Sec. 202, Public Law, 104-4, ``Unfunded Mandates Reform Act''
It has been certified that this rule does not contain a Federal
mandate that may result in the expenditure by State, local and Tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
The Regulatory Flexibility Act (RFA) requires 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 rule
is not an economically significant regulatory action and will not have
a significant impact on a substantial number of small entities for
purposes of the RFA. Thus, this proposed rule is not subject to any of
these requirements.
[[Page 62271]]
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3511)
This rule will not impose additional reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995.
Executive Order 13132, ``Federalism''
We have examined the impact of the 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.
List of Subjects in 32 CFR Part 199
Claims, dental health, health care, health insurance, individuals
with disabilities, military personnel.
Accordingly, 32 CFR Part 199 is proposed to be amended as follows:
PART 199--CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED
SERVICES (CHAMPUS)
1. The authority citation for Part 199 continues to read as
follows:
Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55.
2. Section 199.17 is amended by revising the second sentence of
paragraph (a)(3), redesignating the current paragraph (v) as (w), and
by adding a new paragraph (v) to read as follows:
Sec. 199.17 TRICARE Program
* * * * *
(a) * * *
(3) * * * Its geographical applicability is to all 50 States
(except as modified for the State of Alaska under paragraph (v) of this
section) and the District of Columbia. * * *
* * * * *
(v) Administration of the TRICARE program in the State of Alaska.
In view of the unique geographical and environmental characteristics
impacting the delivery of health care in the State of Alaska,
administration of the TRICARE program in the State of Alaska will not
include financial underwriting of the delivery of health care by a
TRICARE contractor. In addition, the Assistant Secretary of Defense
(Health Affairs) may limit the availability of TRICARE Prime in the
State of Alaska to those eligible beneficiaries enrolled to a military
treatment facility (MTF) and to those eligible beneficiaries under
TRICARE Prime Remote. All other provisions of this section shall apply
to administration of the TRICARE program in the State of Alaska as they
apply to the other 49 States and the District of Columbia.
* * * * *
Dated: November 19, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-28357 Filed 11-25-09; 8:45 am]
BILLING CODE 5001-06-P
