TRICARE: Transitional Assistance Management Program, 62269-62270 [E9-28359]
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Federal Register / Vol. 74, No. 227 / Friday, November 27, 2009 / Proposed Rules
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[DoD–2009–HA–0096]
RIN 0720–AB34
TRICARE: Transitional Assistance
Management Program
AGENCY: Office of the Secretary,
Department of Defense.
ACTION: Proposed rule.
SUMMARY: The Department of Defense is
publishing this proposed rule to
implement section 4 of the Hubbard
Act, Public Law 110–317, and section
734 of the Duncan Hunter National
Defense Authorization Act for Fiscal
Year 2009, Public Law 110–417. These
Acts provide two new categories of
beneficiaries for the Transitional
Assistance Management Program
(TAMP).
jlentini on DSKJ8SOYB1PROD with PROPOSALS
DATES: 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)
and title, by either of the following
methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, Room 3C843 Pentagon,
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:
Glenn Corn, Medical Benefits and
Reimbursement Branch, TRICARE
Management Activity, telephone (303)
676–3566.
SUPPLEMENTARY INFORMATION: This
proposed rule implements section 4 of
the Hubbard Act, Public Law 110–317,
and section 734 of the Duncan Hunter
National Defense Authorization Act for
Fiscal Year 2009, Public Law 110–417,
in establishing two new eligibility
categories under TAMP. The TAMP
benefit provides continued TRICARE
VerDate Nov<24>2008
18:16 Nov 25, 2009
Jkt 220001
coverage for a period of 180 days. For
those who qualify, the 180-day time
frame begins upon the active duty
member’s separation. For further
information on TAMP benefits, please
visit the TRICARE Web site at https://
www.tricare.mil.
The TAMP is available to specific
beneficiary categories. Prior to the two
additional categories that are being
proposed in this rule, the TAMP was
available to:
(i) A member who is involuntarily
separated from active duty.
(ii) A member of a reserve component
who is separated from active duty to
which called or ordered in support of a
contingency operation if the active duty
is active duty for a period of more than
30 days.
(iii) A member who is separated from
active duty for which the member is
involuntarily retained under section
12305, in support of a contingency
operation.
(iv) A member who is separated from
active duty pursuant to a voluntary
agreement of the member to remain on
active duty for a period of less than one
year in support of a contingency
operation.
Public Law 110–317 amended Section
1145(a)(2) of title 10, U.S.C. by adding
‘‘a member who receives a sole
survivorship discharge (as defined in
section 1174(i) of this title)’’ as an
additional category of TAMP eligible.
The provision is effective August 29,
2008.
Public Law 110–417 amended Section
1145(a)(2) of title 10, U.S.C. by adding
‘‘a member who is separated from active
duty who agrees to become a member of
the Selected Reserve of the Ready
Reserve of a reserve component.’’ This
provision is effective October 14, 2008.
Although the TRICARE Management
Activity is tasked with publishing
legislatively mandated eligibility
changes, determination of eligibility is
the primary responsibility of the
Uniformed Services. TRICARE relies on
the Defense Enrollment Eligibility
Reporting System (DEERS) for eligibility
verification. However, a determination
by the Uniformed Services that a person
is eligible does not automatically entitle
such a person to TRICARE payments.
Before any TRICARE benefits may be
extended, additional requirements of 32
CFR Part 199 must be met. Disputes
regarding eligibility or dates of
beginning eligibility for benefits under
TRICARE can only be resolved by the
appropriate Uniformed Service.
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
62269
Regulatory Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
Section 801 of title 5, United States
Code, and Executive Order 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 a major rule or
significant regulatory action.
Public Law 104–4, Section 202,
‘‘Unfunded Mandates Reform Act’’
Section 202 of Public Law 104–4,
‘‘Unfunded Mandates Reform Act,’’
requires that an analysis be performed
to determine whether any federal
mandate may result in the expenditure
by State, local and tribal governments,
in the aggregate, or by the private sector
of $100 million in any one year. It has
been certified that this proposed 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,
and thus this proposed rule is not
subject to this requirement.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (RFA) (5 U.S.C. 601)
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (RFA) (5 U.S.C. 601),
requires that each Federal agency
prepare a regulatory flexibility analysis
when the agency issues a regulation
which would have a significant impact
on a substantial number of small
entities. This proposed rule is not an
economically significant regulatory
action, and it has been certified that it
will not have a significant impact on a
substantial number of small entities.
Therefore, this proposed rule is not
subject to the requirements of the RFA.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
This rule does not contain a
‘‘collection of information’’
requirement, and will not impose
additional information collection
requirements on the public under Public
Law 96–511, ‘‘Paperwork Reduction
Act’’ (44 U.S.C. Chapter 35).
Executive Order 13132, ‘‘Federalism’’
Executive Order 13132, ‘‘Federalism,’’
requires that an impact analysis be
performed to determine whether the
rule has federalism implications that
would have substantial direct effects on
the States, on the relationship between
E:\FR\FM\27NOP1.SGM
27NOP1
62270
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
]]>Agencies
[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Proposed Rules]
[Pages 62269-62270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28359]
[[Page 62269]]
=======================================================================
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[DoD-2009-HA-0096]
RIN 0720-AB34
TRICARE: Transitional Assistance Management Program
AGENCY: Office of the Secretary, Department of Defense.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Defense is publishing this proposed rule to
implement section 4 of the Hubbard Act, Public Law 110-317, and section
734 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009, Public Law 110-417. These Acts provide two new categories of
beneficiaries for the Transitional Assistance Management Program
(TAMP).
DATES: 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) and title, by either of the
following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, Room 3C843
Pentagon, 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: Glenn Corn, Medical Benefits and
Reimbursement Branch, TRICARE Management Activity, telephone (303) 676-
3566.
SUPPLEMENTARY INFORMATION: This proposed rule implements section 4 of
the Hubbard Act, Public Law 110-317, and section 734 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009, Public
Law 110-417, in establishing two new eligibility categories under TAMP.
The TAMP benefit provides continued TRICARE coverage for a period of
180 days. For those who qualify, the 180-day time frame begins upon the
active duty member's separation. For further information on TAMP
benefits, please visit the TRICARE Web site at https://www.tricare.mil.
The TAMP is available to specific beneficiary categories. Prior to
the two additional categories that are being proposed in this rule, the
TAMP was available to:
(i) A member who is involuntarily separated from active duty.
(ii) A member of a reserve component who is separated from active
duty to which called or ordered in support of a contingency operation
if the active duty is active duty for a period of more than 30 days.
(iii) A member who is separated from active duty for which the
member is involuntarily retained under section 12305, in support of a
contingency operation.
(iv) A member who is separated from active duty pursuant to a
voluntary agreement of the member to remain on active duty for a period
of less than one year in support of a contingency operation.
Public Law 110-317 amended Section 1145(a)(2) of title 10, U.S.C.
by adding ``a member who receives a sole survivorship discharge (as
defined in section 1174(i) of this title)'' as an additional category
of TAMP eligible. The provision is effective August 29, 2008.
Public Law 110-417 amended Section 1145(a)(2) of title 10, U.S.C.
by adding ``a member who is separated from active duty who agrees to
become a member of the Selected Reserve of the Ready Reserve of a
reserve component.'' This provision is effective October 14, 2008.
Although the TRICARE Management Activity is tasked with publishing
legislatively mandated eligibility changes, determination of
eligibility is the primary responsibility of the Uniformed Services.
TRICARE relies on the Defense Enrollment Eligibility Reporting System
(DEERS) for eligibility verification. However, a determination by the
Uniformed Services that a person is eligible does not automatically
entitle such a person to TRICARE payments. Before any TRICARE benefits
may be extended, additional requirements of 32 CFR Part 199 must be
met. Disputes regarding eligibility or dates of beginning eligibility
for benefits under TRICARE can only be resolved by the appropriate
Uniformed Service.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review''
Section 801 of title 5, United States Code, and Executive Order
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 a major rule or significant regulatory
action.
Public Law 104-4, Section 202, ``Unfunded Mandates Reform Act''
Section 202 of Public Law 104-4, ``Unfunded Mandates Reform Act,''
requires that an analysis be performed to determine whether any federal
mandate may result in the expenditure by State, local and tribal
governments, in the aggregate, or by the private sector of $100 million
in any one year. It has been certified that this proposed 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, and thus this proposed rule is
not subject to this requirement.
Public Law 96-354, ``Regulatory Flexibility Act'' (RFA) (5 U.S.C. 601)
Public Law 96-354, ``Regulatory Flexibility Act'' (RFA) (5 U.S.C.
601), requires that each Federal agency prepare a regulatory
flexibility analysis when the agency issues a regulation which would
have a significant impact on a substantial number of small entities.
This proposed rule is not an economically significant regulatory
action, and it has been certified that it will not have a significant
impact on a substantial number of small entities. Therefore, this
proposed rule is not subject to the requirements of the RFA.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
This rule does not contain a ``collection of information''
requirement, and will not impose additional information collection
requirements on the public under Public Law 96-511, ``Paperwork
Reduction Act'' (44 U.S.C. Chapter 35).
Executive Order 13132, ``Federalism''
Executive Order 13132, ``Federalism,'' requires that an impact
analysis be performed to determine whether the rule has federalism
implications that would have substantial direct effects on the States,
on the relationship between
[[Page 62270]]
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:
Sec. 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
