TRICARE; Elimination of Voluntary Disenrollment Lock-Out, 47712-47713 [2010-19309]
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Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Rules and Regulations
b. Redesignating paragraph
(g)(2)(ii)(D) as (g)(2)(ii); and
■ c. Revising paragraphs (c)(6),
(c)(7)(iii), (f)(3)(i), (g)(2)(i), newly
redesignated paragraph (g)(2)(ii),
(g)(4)(iii), (h)(2), (h)(3)(v)(A), and (j) to
read as follows:
■
§ 199.5 TRICARE Extended Care Health
Option (ECHO).
sroberts on DSKD5P82C1PROD with RULES
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(c) * * *
(6) Transportation of an ECHO
beneficiary receiving benefits under
paragraph (c)(5), and a medical
attendant when necessary to assure the
beneficiary’s safety, to or from a facility
or institution to receive authorized
ECHO services or items.
(7) * * *
(iii) The Government’s cost-share
incurred for these services accrues to
the fiscal year benefit limit of $36,000.
*
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(f) * * *
(3) * * *
(i) ECHO. The total Government share
of the cost of all ECHO benefits, except
ECHO Home Health Care (EHHC) and
EHHC respite care, provided in a given
fiscal year to a beneficiary, may not
exceed $36,000 after application of the
allowable payment methodology.
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(g) * * *
(2) Equipment. (i) The TRICARE
allowable amount for durable
equipment shall be calculated in the
same manner as durable medical
equipment allowable through Section
199.4, and accrues to the fiscal year
benefit limit specified in paragraph
(f)(3) of this section.
(ii) Cost-share. A cost-share, as
provided by paragraph (f)(2) of this
section, is required for each month in
which equipment is purchased under
this section. However, in no month shall
a sponsor be required to pay more than
one cost-share regardless of the number
of benefits the sponsor’s dependents
received under this section.
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(4) * * *
(iii) The maximum monthly
Government reimbursement for EHHC,
including EHHC respite care, will be
based on the actual number of hours of
EHHC services rendered in the month,
but in no case will it exceed one-twelfth
of the annual maximum Government
cost-share as determined in this section
and adjusted according to the actual
number of days in the month the
services were provided.
(h) * * *
(2) Registration. Active duty sponsors
must register potential ECHO-eligible
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13:27 Aug 06, 2010
Jkt 220001
beneficiaries through the Director,
TRICARE Management Activity, or
designee prior to receiving ECHO
benefits. The Director, TRICARE
Management Activity, or designee will
determine ECHO eligibility and update
the Defense Enrollment Eligibility
Reporting System accordingly. Unless
waived by the Director, TRICARE
Management Activity or designee,
sponsors must provide evidence of
enrollment in the Exceptional Family
Member Program provided by their
branch of Service at the time they
register their family member(s) for the
ECHO.
(3) * * *
(v) Public facility use. (A) An ECHO
beneficiary residing within a state must
demonstrate that a public facility is not
available and adequate to meet the
needs of their qualifying condition.
Such requirements shall apply to
beneficiaries who request authorization
for training, rehabilitation, special
education, assistive technology, and
institutional care in private nonprofit,
public, and state institutions and
facilities, and if appropriate for
beneficiaries receiving institutional
care, transportation to and from such
institutions and facilities. The
maximum Government cost-share for
services that require demonstration of
public facility non-availability or
inadequacy is limited to $36,000 per
fiscal year per beneficiary. Stateadministered plans for medical
assistance under Title XIX of the Social
Security Act (Medicaid) are not
considered available and adequate
facilities for the purpose of this section.
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(j) Effective date. All changes to this
section are effective as of October 14,
2008, and claims for ECHO benefits
provided on or after that date will be
reprocessed retroactively to that date as
necessary.
Dated: July 26, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2010–19312 Filed 8–6–10; 8:45 am]
BILLING CODE 5001–06–P
PO 00000
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[Docket ID: DOD–2009–HA–0097]
RIN 0720–AB35
TRICARE; Elimination of Voluntary
Disenrollment Lock-Out
Office of the Secretary,
Department of Defense.
ACTION: Final rule.
AGENCY:
This final rule eliminates the
1 year lock out for non-Active Duty
members who disenroll from TRICARE
Prime before their annual enrollment
renewal date.
DATES: Effective Date: September 8,
2010.
SUMMARY:
Ms.
Kathleen Larkin, TRICARE Policy and
Operations, TRICARE Management
Activity, 5111 Leesburg Pike, Suite 810,
Falls Church, VA 22041, telephone
(703) 681–0039.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Introduction and Background
The TRICARE benefit was directed by
Congress in section 1097 of the National
Defense Authorization Act for Fiscal
Year 1995. For further information on
TRICARE, the reader may refer to the
final rule regarding TRICARE published
in the Federal Register on October 5,
1995.
Administrative Change
When TRICARE Prime was
implemented, it was envisioned that
TRICARE Prime enrollees would
transfer their enrollment when they
moved to a new location. The reality is
that some enrollees, such as college
students, move several times a year.
When TRICARE Prime is available at
their new location, they transfer
enrollment. However, TRICARE Prime
might not be available at the gaining
location, so they voluntarily disenroll in
advance of their annual enrollment date.
This automatically triggers a one year
lock-out. This final rule eliminates the
lock-out for active duty family members
and allows TRICARE Prime enrollment
when they relocate in an area that offers
TRICARE Prime.
II. Public Comments
The proposed rule was published in
the Federal Register on October 29,
2009, for a 60-day comment period. We
received one comment and we thank the
person for commenting.
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Federal Register / Vol. 75, No. 152 / Monday, August 9, 2010 / Rules and Regulations
Comment: As someone who deploys,
leaving my spouse to contend with
TRICARE issues, it is important that this
rule is adopted.
Response: We agree and are pleased to
promulgate the rule.
■
III. Regulatory Procedures
Authority: 5 U.S.C. 301; 10 U.S.C. chapter
55
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Public Law
96–354, ‘‘Regulatory Flexibility Act’’
(5 U.S.C. 601)
Executive Order 12866 requires that a
comprehensive regulatory impact
analysis be performed on any
economically 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.
The 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 significant regulatory action and
will not have a significant impact on a
substantial number of small entities for
purposes of the RFA. Thus this final
rule is not subject to any of these
requirements.
Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3511)
This rule will not impose additional
information collection requirements on
the public.
sroberts on DSKD5P82C1PROD with RULES
Executive Order 13132, ‘‘Federalism’’
We have examined the impacts 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.
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
This rule does not contain unfunded
mandates. It 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 1 year.
List of Subjects in 32 CFR Part 199
Claims, Dental health, Health care,
Health insurance, Individuals with
disabilities, Military personnel.
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13:27 Aug 06, 2010
Jkt 220001
Accordingly, 32 CFR part 199 is
amended as follows:
PART 199—[AMENDED]
1. The authority citation for part 199
continues to read as follows:
■
2. Section 199.17 (o)(4) is revised to
read as follows:
■
§ 199.17
TRICARE program.
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*
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*
(o) * * *
(4) Voluntary disenrollment. Any nonactive duty beneficiary may disenroll at
any time. Disenrollment will take effect
in accordance with administrative
procedures established by the Assistant
Secretary of Defense (Health Affairs).
Retired beneficiaries and their family
members who disenroll prior to their
annual enrollment renewal date will not
be eligible to reenroll in Prime for a -1year period from the effective date of the
disenrollment. Active Duty family
members may change their enrollment
status twice in an enrollment year. Any
additional disenrollment changes will
result in an enrollment lock out for a 1year period from the effective date of the
disenrollment. Enrollment rules may be
waived by the Assistant Secretary of
Defense (Health Affairs) based on
extraordinary circumstances.
*
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*
*
Dated: July 26, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2010–19309 Filed 8–6–10; 8:45 am]
BILLING CODE 5001–06–P
47713
minimum safe speed and causing wake
in this area will be prohibited unless
specifically authorized by the Captain of
the Port Houston-Galveston or a
designated representative. This RNA is
needed to protect the Coast Guard SFO
Galveston assets, break wall, and piers
from further damage associated with
excessive wake and to protect ongoing
base construction.
DATES: This rule is effective September
8, 2010.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2009–0931 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2009–0931 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Lieutenant junior grade Margaret
Brown, Coast Guard Sector HoustonGalveston, telephone (713) 678–9001, or
e-mail margaret.a.brown@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
33 CFR Part 165
On April 13, 2010, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Regulated Navigation Area;
Galveston Channel’’ in the Federal
Register (75 FR 18766). We received no
comments on the proposed rule and are
issuing the final rule without change
from the NPRM.
[Docket No. USCG–2009–0931]
Basis and Purpose
RIN 1625–AA11
The basis for this rulemaking is the
Coast Guard’s authority to establish
regulated navigation areas, under 33
U.S.C. 1226, 1231; 46 U.S.C. Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub.
L. 107–295, 116 Stat. 2064; and
Department of Homeland Security
Delegation No. 0170.1. A regulated
navigation area is a water area within a
defined boundary for which regulations
for vessels navigating within the area
have been established, to control vessel
traffic in a place determined to have
hazardous conditions. 33 CFR 165.10;
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Regulated Navigation Area; Galveston
Channel, TX
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a regulated navigation area
(RNA) across the entire width of the
Galveston Channel in the vicinity of
Sector Field Office (SFO) Galveston,
Texas. This RNA will require vessels to
navigate at no wake speeds within this
area. Vessel transits at greater than
SUMMARY:
PO 00000
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09AUR1
]]>Agencies
[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Rules and Regulations]
[Pages 47712-47713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19309]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[Docket ID: DOD-2009-HA-0097]
RIN 0720-AB35
TRICARE; Elimination of Voluntary Disenrollment Lock-Out
AGENCY: Office of the Secretary, Department of Defense.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule eliminates the 1 year lock out for non-Active
Duty members who disenroll from TRICARE Prime before their annual
enrollment renewal date.
DATES: Effective Date: September 8, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Kathleen Larkin, TRICARE Policy
and Operations, TRICARE Management Activity, 5111 Leesburg Pike, Suite
810, Falls Church, VA 22041, telephone (703) 681-0039.
SUPPLEMENTARY INFORMATION:
I. Introduction and Background
The TRICARE benefit was directed by Congress in section 1097 of the
National Defense Authorization Act for Fiscal Year 1995. For further
information on TRICARE, the reader may refer to the final rule
regarding TRICARE published in the Federal Register on October 5, 1995.
Administrative Change
When TRICARE Prime was implemented, it was envisioned that TRICARE
Prime enrollees would transfer their enrollment when they moved to a
new location. The reality is that some enrollees, such as college
students, move several times a year. When TRICARE Prime is available at
their new location, they transfer enrollment. However, TRICARE Prime
might not be available at the gaining location, so they voluntarily
disenroll in advance of their annual enrollment date. This
automatically triggers a one year lock-out. This final rule eliminates
the lock-out for active duty family members and allows TRICARE Prime
enrollment when they relocate in an area that offers TRICARE Prime.
II. Public Comments
The proposed rule was published in the Federal Register on October
29, 2009, for a 60-day comment period. We received one comment and we
thank the person for commenting.
[[Page 47713]]
Comment: As someone who deploys, leaving my spouse to contend with
TRICARE issues, it is important that this rule is adopted.
Response: We agree and are pleased to promulgate the rule.
III. Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Public
Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
Executive Order 12866 requires that a comprehensive regulatory
impact analysis be performed on any economically 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. The 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 significant regulatory action and
will not have a significant impact on a substantial number of small
entities for purposes of the RFA. Thus this final rule is not subject
to any of these requirements.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3511)
This rule will not impose additional information collection
requirements on the public.
Executive Order 13132, ``Federalism''
We have examined the impacts 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.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
This rule does not contain unfunded mandates. It 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 1 year.
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 199.17 (o)(4) is revised to read as follows:
Sec. 199.17 TRICARE program.
* * * * *
(o) * * *
(4) Voluntary disenrollment. Any non-active duty beneficiary may
disenroll at any time. Disenrollment will take effect in accordance
with administrative procedures established by the Assistant Secretary
of Defense (Health Affairs). Retired beneficiaries and their family
members who disenroll prior to their annual enrollment renewal date
will not be eligible to reenroll in Prime for a -1-year period from the
effective date of the disenrollment. Active Duty family members may
change their enrollment status twice in an enrollment year. Any
additional disenrollment changes will result in an enrollment lock out
for a 1-year period from the effective date of the disenrollment.
Enrollment rules may be waived by the Assistant Secretary of Defense
(Health Affairs) based on extraordinary circumstances.
* * * * *
Dated: July 26, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-19309 Filed 8-6-10; 8:45 am]
BILLING CODE 5001-06-P
