Disenrollment Procedures, 52627-52628 [2010-21297]

Download as PDF Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations Administrative Procedure Act Forest Service 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 [Docket No. FWS–R7–SM–2009–0001; 70101–1261–0000L6] Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Final rule; correction. AGENCIES: On June 30, 2010, we published a final rule that, among other things, established regulations related to the taking of wildlife for subsistence uses in Alaska during the period 2010– 12. We inadvertently made effective date errors, which we correct with this document. DATES: This correction is effective August 27, 2010. FOR FURTHER INFORMATION CONTACT: Sara Prigan, Federal Register Liaison, U.S. Fish and Wildlife Service, 703–358– 2508. SUMMARY: WReier-Aviles on DSKGBLS3C1PROD with RULES In FR Doc. 10–15195, appearing on page 37918 in the Federal Register of Wednesday, June 30, 2010, the following correction is made: ■ On page 37918, in the first column, the DATES section of the final rule is corrected to read as follows: DATES: Sections ll.24(a)(1), ll.25, and ll.26 are effective July 1, 2010. Section ll.27(i)(3)(xiii)(A) and (B) is effective March 1, 2011, through March 31, 2011. ■ Subsistence Management Regulations for Public Lands in Alaska—2010–11 and 2011–12 Subsistence Taking of Wildlife Regulations; Subsistence Taking of Fish on the Yukon River Regulations; Correction On June 30, 2010, the Departments of Agriculture and the Interior published a final rule establishing regulations for seasons, harvest limits, methods, and means related to taking of wildlife for subsistence uses in Alaska during the 2010–11 and 2011–12 regulatory years (75 FR 37918). This rule also revised customary and traditional use determinations and the regulations defining size limitations for gillnet mesh used for harvesting salmon in the Yukon River drainage. We inadvertently made errors in the DATES section, which we correct with this document. Because of a typographical error, the second sentence of the DATES caption of the final rule became nonsensical: It stated that a paragraph would be effective April 1, 2011, through March 31, 2011. The sentence should have read as follows: Section ll.27(i)(3)(xiii)(A) and (B) is effective March 1, 2011, through March 31, 2011. 16:54 Aug 26, 2010 FOR FURTHER INFORMATION CONTACT: Correction RIN 1018–AW30 VerDate Mar<15>2010 DATES: We find good cause to waive notice and comment on this correction, under 5 U.S.C. 533(b)(3)(B), and also the 30day delay in effective date, under 5 U.S.C. 553(d). Notice and comment are unnecessary because this correction does not alter the substance of the rule. Instead it corrects a nonsensical error. Therefore, we publish this correction as a final rule and make it effective upon publication. DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: Jkt 220001 52627 Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 1733. Dated: August 20, 2010. Sara Prigan, Federal Register Liaison, U.S. Fish and Wildlife Service. Dated: August 20, 2010. Steve Kessler, Subsistence Program Leader, USDA—Forest Service. [FR Doc. 2010–21405 Filed 8–26–10; 8:45 am] BILLING CODE 3410–11–P; 4310–55–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900–AN76 Disenrollment Procedures Department of Veterans Affairs. Final rule. AGENCY: ACTION: This document makes technical amendments to the Department of Veterans Affairs (VA) regulation concerning enrollment and disenrollment from the VA medical care system. It removes the ‘‘automatic enrollment’’ provision relevant to a 1998 trial enrollment program that has been discontinued. It also amends the regulation to reflect current VA practice and to update the address for documents mailed to the VA Health Eligibility Center. Finally, it provides an internet address for accessing VA Form 10–10EZ online. SUMMARY: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 Effective Date: August 27, 2010. Roscoe Butler, Acting Director, Business Policy, Chief Business Office (163), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461–1586. (This is not a toll free number). SUPPLEMENTARY INFORMATION: Current 38 CFR 17.36(d)(4) provides that ‘‘veterans who were notified by VA letter that they were enrolled in the VA healthcare system under the trial VA enrollment program prior to October 1, 1998, automatically will be enrolled in the VA healthcare system under this section.’’ We are removing this paragraph because all of the veterans in the 1998 trial enrollment program have been accounted for and the program has been discontinued. Therefore, the paragraph is no longer relevant. Current § 17.36(d)(5)(i) provides that a veteran enrolled in the VA healthcare system will be disenrolled only if ‘‘[t]he veteran submits to a VA medical center or the VA Health Eligibility Center, 1644 Tullie Circle, Atlanta, Georgia 30329, a signed document stating that the veteran no longer wishes to be enrolled.’’ We are making two changes to this provision. First, this final rule prescribes that the veteran must sign and date the document. This is necessary to ensure that the document reflects the veteran’s current intent. Second, the final rule updates the address for the VA Health Eligibility Center. Current § 17.36(d)(5)(iii) provides that a veteran enrolled in the VA healthcare system will be disenrolled only if ‘‘[a] VA network or facility Director, or the Deputy Under Secretary for Health for Operations and Management or Chief, Health Administration Service or equivalent official at a VA medical facility, or Director, Health Eligibility Center, * * * determines that the veteran failed to return [a completed VA Form 10–10EZ] to the address on the return envelope within 60 days from receipt of the form.’’ We are removing paragraph (d)(5)(iii) in order to conform with current VA practice, which does not disenroll veterans based on their failure to file VA Form 10–10EZ. Current practice is reflected in current paragraph (d)(3)(iv). Removing paragraph (d)(5)(iii) also eliminates any potential for conflict or ambiguity between paragraphs (d)(3)(iv) and (d)(5)(iii). Finally, we are revising § 17.36(f) to remove the reproduced image of the 1998 version of VA Form 10–10EZ, which has been superseded by the 2009 version of the form. Rather than E:\FR\FM\27AUR1.SGM 27AUR1 52628 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations reproduce an image of the form in the CFR, we will provide a link to the VA Web site where the current form is available for printing, downloading, or online submission. The form is also available at any VA medical center. This change will ensure that the CFR does not reference and depict an out-of-date form. Administrative Procedure Act VA finds, in accordance with 5 U.S.C. 533(b)(3)(A) of the Administrative Procedure Act (APA), that this final rule relates solely to agency organization, procedure, or practice. Therefore, the provisions of the APA regarding notice of the proposed rulemaking and opportunity for public participation are not applicable. Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in an 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. WReier-Aviles on DSKGBLS3C1PROD with RULES Paperwork Reduction Act Although 38 CFR 17.36, which this final rule amends, contains provisions constituting collections of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3521), the amendments establish no new or proposed revised collections of information. The information collection provisions for § 17.36 are currently approved by OMB and have been assigned OMB control number 2900– 0091. 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 Executive Order classifies a regulatory action as a ‘‘significant regulatory action,’’ requiring review by OMB unless OMB waives such review, if it is a 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, VerDate Mar<15>2010 14:41 Aug 26, 2010 Jkt 220001 jobs, the environment, public health or safety, or state, local, or tribal governments 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. The economic, interagency, budgetary, legal, and policy implications of this final rule have been examined and it has been determined not to be a significant regulatory action under Executive Order 12866. Regulatory Flexibility Act The Secretary hereby certifies that this final rule 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. This final rule concerns only VA organization, procedure, or practice, specifically with respect to enrollment and disenrollment of VA beneficiaries, and will not have a significant economic impact on healthcare providers, suppliers, or other entities since only a small portion of the business of such entities concerns VA beneficiaries. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance numbers and titles for the programs affected by this document are 64.005, Grants to States for Construction of State Home Facilities; 64.007, Blind Rehabilitation Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical Care Benefits; 64.010, Veterans Nursing Home Care; 64.011, Veterans Dental Care; 64.012, Veterans Prescription Service; 64.013, Veterans Prosthetic Appliances; 64.014, Veterans State Domiciliary Care; 64.015, Veterans State Nursing Home Care; 64.016, Veterans State Hospital Care; 64.018, Sharing Specialized Medical Resources; 64.019, Veterans Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based Primary Care. Signing Authority The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication PO 00000 Frm 00022 Fmt 4700 Sfmt 9990 electronically as an official document of the Department of Veterans Affairs. John R. Gingrich, Chief of Staff, Department of Veterans Affairs, approved this document on August 19, 2010, for publication. List of Subjects in 38 CFR Part 17 Administrative practice and procedure; Alcohol abuse; Alcoholism; Claims; Day care; Dental health; Drug abuse; Government contracts; Grant programs—health; Grant programs— Veterans; Health care; Health facilities; Health professions; Health records; Homeless; Mental health programs; Nursing homes; Philippines, Reporting and recordkeeping requirements; Veterans. Dated: August 23, 2010. Robert C. McFetridge, Director, Regulations Policy and Management, Office of the General Counsel, Department of Veterans Affairs. For the reasons set forth in the preamble, 38 CFR part 17 is amended 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. Amend 17.36 by: a. Removing and reserving paragraph (d)(4). ■ b. In paragraph (d)(5), introductory text, removing ‘‘or (d)(4)’’. ■ c. Revising paragraph (d)(5)(i). ■ d. In paragraph (d)(5)(ii), removing ‘‘; or’’ and adding, in its place, a period. ■ e. Removing paragraph (d)(5)(iii). ■ f. Revising paragraph (f). The revisions and addition read as follows: ■ ■ § 17.36 Enrollment—provision of hospital and outpatient care to veterans. * * * * * (d) * * * (5) * * * (i) The veteran submits to a VA Medical Center or to the VA Health Eligibility Center, 2957 Clairmont Road, NE., Suite 200, Atlanta, Georgia 30329– 1647, a signed and dated document stating that the veteran no longer wishes to be enrolled; or * * * * * (f) VA Form 10–10EZ. Copies of VA Form 10–10EZ are available at any VA medical center and at https:// www.1010ez.med.va.gov/sec/vha/ 1010ez/. * * * * * [FR Doc. 2010–21297 Filed 8–26–10; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\27AUR1.SGM 27AUR1

Agencies

DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Rules and Regulations]
[Pages 52627-52628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21297]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AN76


Disenrollment Procedures

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document makes technical amendments to the Department of 
Veterans Affairs (VA) regulation concerning enrollment and 
disenrollment from the VA medical care system. It removes the 
``automatic enrollment'' provision relevant to a 1998 trial enrollment 
program that has been discontinued. It also amends the regulation to 
reflect current VA practice and to update the address for documents 
mailed to the VA Health Eligibility Center. Finally, it provides an 
internet address for accessing VA Form 10-10EZ online.

DATES: Effective Date: August 27, 2010.

FOR FURTHER INFORMATION CONTACT: Roscoe Butler, Acting Director, 
Business Policy, Chief Business Office (163), Veterans Health 
Administration, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420, (202) 461-1586. (This is not a toll free 
number).

SUPPLEMENTARY INFORMATION: Current 38 CFR 17.36(d)(4) provides that 
``veterans who were notified by VA letter that they were enrolled in 
the VA healthcare system under the trial VA enrollment program prior to 
October 1, 1998, automatically will be enrolled in the VA healthcare 
system under this section.'' We are removing this paragraph because all 
of the veterans in the 1998 trial enrollment program have been 
accounted for and the program has been discontinued. Therefore, the 
paragraph is no longer relevant.
    Current Sec.  17.36(d)(5)(i) provides that a veteran enrolled in 
the VA healthcare system will be disenrolled only if ``[t]he veteran 
submits to a VA medical center or the VA Health Eligibility Center, 
1644 Tullie Circle, Atlanta, Georgia 30329, a signed document stating 
that the veteran no longer wishes to be enrolled.'' We are making two 
changes to this provision. First, this final rule prescribes that the 
veteran must sign and date the document. This is necessary to ensure 
that the document reflects the veteran's current intent. Second, the 
final rule updates the address for the VA Health Eligibility Center.
    Current Sec.  17.36(d)(5)(iii) provides that a veteran enrolled in 
the VA healthcare system will be disenrolled only if ``[a] VA network 
or facility Director, or the Deputy Under Secretary for Health for 
Operations and Management or Chief, Health Administration Service or 
equivalent official at a VA medical facility, or Director, Health 
Eligibility Center, * * * determines that the veteran failed to return 
[a completed VA Form 10-10EZ] to the address on the return envelope 
within 60 days from receipt of the form.'' We are removing paragraph 
(d)(5)(iii) in order to conform with current VA practice, which does 
not disenroll veterans based on their failure to file VA Form 10-10EZ. 
Current practice is reflected in current paragraph (d)(3)(iv). Removing 
paragraph (d)(5)(iii) also eliminates any potential for conflict or 
ambiguity between paragraphs (d)(3)(iv) and (d)(5)(iii).
    Finally, we are revising Sec.  17.36(f) to remove the reproduced 
image of the 1998 version of VA Form 10-10EZ, which has been superseded 
by the 2009 version of the form. Rather than

[[Page 52628]]

reproduce an image of the form in the CFR, we will provide a link to 
the VA Web site where the current form is available for printing, 
downloading, or online submission. The form is also available at any VA 
medical center. This change will ensure that the CFR does not reference 
and depict an out-of-date form.

Administrative Procedure Act

    VA finds, in accordance with 5 U.S.C. 533(b)(3)(A) of the 
Administrative Procedure Act (APA), that this final rule relates solely 
to agency organization, procedure, or practice. Therefore, the 
provisions of the APA regarding notice of the proposed rulemaking and 
opportunity for public participation are not applicable.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in an 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

    Although 38 CFR 17.36, which this final rule amends, contains 
provisions constituting collections of information under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521), the 
amendments establish no new or proposed revised collections of 
information. The information collection provisions for Sec.  17.36 are 
currently approved by OMB and have been assigned OMB control number 
2900-0091.

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 Executive 
Order classifies a regulatory action as a ``significant regulatory 
action,'' requiring review by OMB unless OMB waives such review, if it 
is a 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 governments 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.
    The economic, interagency, budgetary, legal, and policy 
implications of this final rule have been examined and it has been 
determined not to be a significant regulatory action under Executive 
Order 12866.

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule 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. This final rule concerns only VA organization, procedure, or 
practice, specifically with respect to enrollment and disenrollment of 
VA beneficiaries, and will not have a significant economic impact on 
healthcare providers, suppliers, or other entities since only a small 
portion of the business of such entities concerns VA beneficiaries. 
Therefore, pursuant to 5 U.S.C. 605(b), this final rule is exempt from 
the initial and final regulatory flexibility analysis requirements of 
sections 603 and 604.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are 64.005, Grants to States for 
Construction of State Home Facilities; 64.007, Blind Rehabilitation 
Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical 
Care Benefits; 64.010, Veterans Nursing Home Care; 64.011, Veterans 
Dental Care; 64.012, Veterans Prescription Service; 64.013, Veterans 
Prosthetic Appliances; 64.014, Veterans State Domiciliary Care; 64.015, 
Veterans State Nursing Home Care; 64.016, Veterans State Hospital Care; 
64.018, Sharing Specialized Medical Resources; 64.019, Veterans 
Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based 
Primary Care.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. John R. 
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this 
document on August 19, 2010, for publication.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure; Alcohol abuse; Alcoholism; 
Claims; Day care; Dental health; Drug abuse; Government contracts; 
Grant programs--health; Grant programs--Veterans; Health care; Health 
facilities; Health professions; Health records; Homeless; Mental health 
programs; Nursing homes; Philippines, Reporting and recordkeeping 
requirements; Veterans.

    Dated: August 23, 2010.
Robert C. McFetridge,
Director, Regulations Policy and Management, Office of the General 
Counsel, Department of Veterans Affairs.

0
For the reasons set forth in the preamble, 38 CFR part 17 is amended 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. Amend 17.36 by:
0
a. Removing and reserving paragraph (d)(4).
0
b. In paragraph (d)(5), introductory text, removing ``or (d)(4)''.
0
c. Revising paragraph (d)(5)(i).
0
d. In paragraph (d)(5)(ii), removing ``; or'' and adding, in its place, 
a period.
0
e. Removing paragraph (d)(5)(iii).
0
f. Revising paragraph (f).
    The revisions and addition read as follows:


Sec.  17.36  Enrollment--provision of hospital and outpatient care to 
veterans.

* * * * *
    (d) * * *
    (5) * * *
    (i) The veteran submits to a VA Medical Center or to the VA Health 
Eligibility Center, 2957 Clairmont Road, NE., Suite 200, Atlanta, 
Georgia 30329-1647, a signed and dated document stating that the 
veteran no longer wishes to be enrolled; or
* * * * *
    (f) VA Form 10-10EZ. Copies of VA Form 10-10EZ are available at any 
VA medical center and at https://www.1010ez.med.va.gov/sec/vha/1010ez/.
* * * * *

[FR Doc. 2010-21297 Filed 8-26-10; 8:45 am]
BILLING CODE 8320-01-P

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