Conduct on Postal Property, 78915-78916 [2010-31775]
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Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations
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,
Government programs-veterans, Health
care, Health facilities, Health
professions, Health records, Homeless,
Medical and dental schools, Medical
devices, Medical research, Mental
health programs, Nursing homes,
Philippines, Reporting and
recordkeeping requirements,
Scholarships and fellowships, Travel
and transportation expenses, Veterans.
Dated: December 12, 2010.
Robert C. McFetridge,
Director, Regulation Policy and Management,
Office of the General Counsel, Department
of Veterans Affairs.
For the reasons set forth in the
preamble, VA 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 (a) introductory
text of § 17.52 to read as follows:
■
§ 17.52 Hospital care and medical services
in non-VA facilities.
(a) When VA facilities or other
government facilities are not capable of
furnishing economical hospital care or
medical services because of geographic
inaccessibility or are not capable of
furnishing care or services required, VA
may contract with non-VA facilities for
care in accordance with the provisions
of this section. When demand is only for
infrequent use, individual
authorizations may be used. Care in
public or private facilities, however,
subject to the provisions of §§ 17.53,
17.54, 17.55 and 17.56, will only be
authorized, whether under a contract or
an individual authorization, for—
*
*
*
*
*
■ 3. Revise § 17.56 to read as follows:
srobinson on DSKHWCL6B1PROD with RULES
§ 17.56 VA payment for inpatient and
outpatient health care professional services
at non-departmental facilities and other
medical charges associated with non-VA
outpatient care.
(a) Except for health care professional
services provided in the state of Alaska
(see paragraph (b) of this section) and
except for non-contractual payments for
home health services and hospice care,
VA will determine the amounts paid
under §§ 17.52 or 17.120 for health care
professional services, and all other
medical services associated with non-
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16:01 Dec 16, 2010
Jkt 223001
VA outpatient care, using the applicable
method in this section:
(1) If a specific amount has been
negotiated with a specific provider, VA
will pay that amount.
(2) If an amount has not been
negotiated under paragraph (a)(1) of this
section, VA will pay the lowest of the
following amounts:
(i) The applicable Medicare fee
schedule or prospective payment system
amount (‘‘Medicare rate’’) for the period
in which the service was provided
(without any changes based on the
subsequent development of information
under Medicare authorities), subject to
the following:
(A) In the event of a Medicare waiver,
the payment amount will be calculated
in accordance with such waiver.
(B) In the absence of a Medicare rate
or Medicare waiver, payment will be the
VA Fee Schedule amount for the period
in which the service was provided. The
VA Fee Schedule amount is determined
by the authorizing VA medical facility,
which ranks all billings (if the facility
has had at least eight billings) from nonVA facilities under the corresponding
procedure code during the previous
fiscal year, with billings ranked from the
highest to the lowest. The VA Fee
Schedule amount is the charge falling at
the 75th percentile. If the authorizing
facility has not had at least eight such
billings, then this paragraph does not
apply.
(ii) The amount negotiated by a
repricing agent if the provider is
participating within the repricing
agent’s network and VA has a contract
with that repricing agent. For the
purposes of this section, repricing agent
means a contractor that seeks to connect
VA with discounted rates from non-VA
providers as a result of existing
contracts that the non-VA provider may
have within the commercial health care
industry.
(iii) The amount that the provider
bills the general public for the same
service.
(b) For physician and non-physician
professional services rendered in
Alaska, VA will pay for services in
accordance with a fee schedule that uses
the Health Insurance Portability and
Accountability Act mandated national
standard coding sets. VA will pay a
specific amount for each service for
which there is a corresponding code.
Under the VA Alaska Fee Schedule, the
amount paid in Alaska for each code
will be 90 percent of the average amount
VA actually paid in Alaska for the same
services in Fiscal Year (FY) 2003. For
services that VA provided less than
eight times in Alaska in FY 2003, for
services represented by codes
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78915
established after FY 2003, and for unitbased codes prior to FY 2004, VA will
take the Centers for Medicare and
Medicaid Services’ rate for each code
and multiply it times the average
percentage paid by VA in Alaska for
Centers for Medicare and Medicaid
Services-like codes. VA will increase
the amounts on the VA Alaska Fee
Schedule annually in accordance with
the published national Medicare
Economic Index (MEI). For those years
where the annual average is a negative
percentage, the fee schedule will remain
the same as the previous year. Payment
for non-VA health care professional
services in Alaska shall be the lesser of
the amount billed or the amount
calculated under this subpart.
(c) Payments made by VA to a nonVA facility or provider under this
section shall be considered payment in
full. Accordingly, the facility or
provider or agent for the facility or
provider may not impose any additional
charge for any services for which
payment is made by VA.
(d) In a case where a veteran has paid
for emergency treatment for which VA
may reimburse the veteran under
§ 17.120, VA will reimburse the amount
that the veteran actually paid. Any
amounts due to the provider but unpaid
by the veteran will be reimbursed to the
provider under paragraphs (a) and (b) of
this section.
(Authority: 38 U.S.C. 1703, 1728)
[FR Doc. 2010–31629 Filed 12–16–10; 8:45 am]
BILLING CODE 8320–01–P
POSTAL SERVICE
39 CFR Part 232
Conduct on Postal Property
Postal Service.
Final rule.
AGENCY:
ACTION:
The U.S. Postal Service is
updating its regulations concerning
Conduct on Postal Property (COPP) to
correct or eliminate outdated citations,
obviate the need for continuous updates
of such citations by harmonizing the
regulations with federal law, and make
certain other minor, editorial revisions.
DATES: Effective date: December 17,
2010.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Christy Noel, Attorney, U.S. Postal
Service, 202–268–3484.
SUPPLEMENTARY INFORMATION: The
current rules governing Conduct on
Postal Property contain a number of
outdated or confusing references to nonpostal statutes, and in some cases do not
E:\FR\FM\17DER1.SGM
17DER1
srobinson on DSKHWCL6B1PROD with RULES
78916
Federal Register / Vol. 75, No. 242 / Friday, December 17, 2010 / Rules and Regulations
appear to harmonize clearly with
Federal law. As discussed in more detail
below, this final rule is intended to
remedy those shortcomings, as well as
make certain minor editorial revisions
to the COPP regulations set forth in 39
CFR 232.1.
1. Paragraph (f) Gambling: The
prohibition of lottery ticket sales
contains an exception for RandolphSheppard vendors. This exception is
amended to replace obsolete citations to
Postal Service regulations with the
statutory basis for the exception
contained in the Randolph-Sheppard
Act Amendments of 1974. Subsection
(a)(5) of 20 U.S.C. 107a requires that
blind vendors licensed to conduct
vending operations on federal property
be permitted to sell tickets ‘‘for any
lottery authorized by State law and
conducted by an agency of a State’’. This
amendment harmonizes Postal Service
regulations with the RandolphSheppard Act by citing 20 U.S.C. 107a
(a)(5) as the statutory basis for the
exception.
2. Paragraph (m) Nondiscrimination:
The nondiscrimination provision is
amended to remove inappropriate
references to employment policy. The
Postal Service has determined that
facilities regulations governing public
access to and use of Postal Service
property are not the appropriate venue
for articulating employment policy. This
amendment is necessary to eliminate
potential conflict or redundancy with
regard to employment regulations, and
to correct the scope of the
nondiscrimination provision of the
COPP regulations, which governs the
use of Postal Service facilities ‘‘of a
public nature’’.
3. Paragraph (o) Depositing Literature:
The exception to the prohibition against
depositing literature for posting of
notices by U.S. Government-related
organizations is amended to correct an
outdated citation to title 36 of the
United States Code. This amendment is
necessary for consistency with title 36,
which was revised in 1998 without
substantive change (Pub. L. 105–225,
section 501, 112 Stat. 1253). The
amended regulation updates the
statutory definition for U.S.
Government-related organizations such
as the Inaugural Committee, which is
currently defined in 36 U.S.C. 501.
4. Paragraph (p) Penalties and other
law: The penalty provision is amended
to incorporate the procedures for a
sentence of a fine under title 18 of the
United States Code. This amendment is
necessary for consistency with title 18,
which authorizes the Postal Service to
promulgate regulations for the
administration and protection of
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16:01 Dec 16, 2010
Jkt 223001
property under its charge and control
and of any persons on such property. 18
U.S.C. 3061. The Postal Accountability
and Enhancement Act (Pub. L. 109–435,
section 1001, 120 Stat. 3198) contains a
penalty provision for violations of such
regulations, codified at 18 U.S.C.
3061(c). This penalty provision provides
that ‘‘a person violating a regulation
prescribed under this subsection
[authorizing Postal Service
promulgation of regulations for the
protection of its property and persons
on such property] shall be fined under
[title 18].’’ 18 U.S.C. 3061(c)(4)(B). Title
18 sets forth procedures for sentences of
a fine for defendants found guilty of a
criminal offense. 18 U.S.C. 3571. This
amendment harmonizes Postal Service
regulations with the Postal
Accountability and Enhancement Act by
citing 18 U.S.C. 3571 as the statutory
basis for the penalty provision of the
regulations.
public nature, including all services,
privileges, accommodations, and
activities provided on postal property.
*
*
*
*
*
(o) * * *
(3) Posting of notices by U.S.
Government-related organizations, such
as the Inaugural Committee as defined
in 36 U.S.C. 501.
(p) * * *
(2) Whoever shall be found guilty of
violating the rules and regulations in
this section while on property under the
charge and control of the Postal Service
is subject to a fine as provided in 18
U.S.C. 3571 or imprisonment of not
more than 30 days, or both. Nothing
contained in these rules and regulations
shall be construed to abrogate any other
Federal laws or regulations or any State
and local laws and regulations
applicable to any area in which the
property is situated.
*
*
*
*
*
List of Subjects in 39 CFR Part 232
Authority designations (Government
agencies), Crime, Federal buildings and
facilities, Government property, Law
enforcement officers, Postal Service,
Security measures.
■ In view of the considerations
discussed above, the Postal Service
adopts the following amendments to 39
CFR Part 232:
Stanley F. Mires,
Chief Counsel, Legislative.
PART 232—[Amended]
[EPA–R03–OAR–2010–0859; FRL -9240–2]
1. The authority citation for Part 232
is revised to read as follows:
2. In § 232.1, paragraphs (f), (m),
(o)(3), and (p)(2) are revised to read as
follows:
Approval and Promulgation of State
Air Quality Plans for Designated
Facilities and Pollutants,
Commonwealth of Virginia; Control of
Emissions From Existing Hospital/
Medical/Infectious Waste Incinerator
(HMIWI) Units, Negative Declaration
and Withdrawal of EPA Plan Approval
§ 232.1
AGENCY:
■
Authority: 18 U.S.C. 13, 3061, 3571; 21
U.S.C. 802, 844; 39 U.S.C. 401, 403(b)(3),
404(a)(7), 1201(2).
■
Conduct on postal property.
*
*
*
*
*
(f) Gambling. Participating in games
for money or other personal property,
the operation of gambling devices, the
conduct of a lottery or pool, or the
selling or purchasing of lottery tickets,
is prohibited on postal premises. In
accordance with 20 U.S.C. 107a(a)(5),
this prohibition does not apply to the
vending or exchange of State Lottery
tickets at vending facilities operated by
licensed blind persons where such
lotteries are authorized by state law.
*
*
*
*
*
(m) Nondiscrimination. There must be
no discrimination by segregation or
otherwise against any person or persons
because of race, color, religion, national
origin, sex, or disability, in furnishing,
or by refusing to furnish to such person
or persons the use of any facility of a
PO 00000
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[FR Doc. 2010–31775 Filed 12–16–10; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
EPA is taking direct final
action to approve the Commonwealth of
Virginia’s negative declaration and
request for EPA withdrawal of its
section 111(d)/129 plan (the plan)
approval for HMIWI units.
DATES: This rule is effective February
15, 2011 without further notice, unless
EPA receives adverse written comment
by January 18, 2011. If EPA receives
such comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2010–0859 by one of the
following methods:
SUMMARY:
E:\FR\FM\17DER1.SGM
17DER1
]]>Agencies
[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Rules and Regulations]
[Pages 78915-78916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31775]
=======================================================================
-----------------------------------------------------------------------
POSTAL SERVICE
39 CFR Part 232
Conduct on Postal Property
AGENCY: Postal Service.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Postal Service is updating its regulations concerning
Conduct on Postal Property (COPP) to correct or eliminate outdated
citations, obviate the need for continuous updates of such citations by
harmonizing the regulations with federal law, and make certain other
minor, editorial revisions.
DATES: Effective date: December 17, 2010.
FOR FURTHER INFORMATION CONTACT: Christy Noel, Attorney, U.S. Postal
Service, 202-268-3484.
SUPPLEMENTARY INFORMATION: The current rules governing Conduct on
Postal Property contain a number of outdated or confusing references to
non-postal statutes, and in some cases do not
[[Page 78916]]
appear to harmonize clearly with Federal law. As discussed in more
detail below, this final rule is intended to remedy those shortcomings,
as well as make certain minor editorial revisions to the COPP
regulations set forth in 39 CFR 232.1.
1. Paragraph (f) Gambling: The prohibition of lottery ticket sales
contains an exception for Randolph-Sheppard vendors. This exception is
amended to replace obsolete citations to Postal Service regulations
with the statutory basis for the exception contained in the Randolph-
Sheppard Act Amendments of 1974. Subsection (a)(5) of 20 U.S.C. 107a
requires that blind vendors licensed to conduct vending operations on
federal property be permitted to sell tickets ``for any lottery
authorized by State law and conducted by an agency of a State''. This
amendment harmonizes Postal Service regulations with the Randolph-
Sheppard Act by citing 20 U.S.C. 107a (a)(5) as the statutory basis for
the exception.
2. Paragraph (m) Nondiscrimination: The nondiscrimination provision
is amended to remove inappropriate references to employment policy. The
Postal Service has determined that facilities regulations governing
public access to and use of Postal Service property are not the
appropriate venue for articulating employment policy. This amendment is
necessary to eliminate potential conflict or redundancy with regard to
employment regulations, and to correct the scope of the
nondiscrimination provision of the COPP regulations, which governs the
use of Postal Service facilities ``of a public nature''.
3. Paragraph (o) Depositing Literature: The exception to the
prohibition against depositing literature for posting of notices by
U.S. Government-related organizations is amended to correct an outdated
citation to title 36 of the United States Code. This amendment is
necessary for consistency with title 36, which was revised in 1998
without substantive change (Pub. L. 105-225, section 501, 112 Stat.
1253). The amended regulation updates the statutory definition for U.S.
Government-related organizations such as the Inaugural Committee, which
is currently defined in 36 U.S.C. 501.
4. Paragraph (p) Penalties and other law: The penalty provision is
amended to incorporate the procedures for a sentence of a fine under
title 18 of the United States Code. This amendment is necessary for
consistency with title 18, which authorizes the Postal Service to
promulgate regulations for the administration and protection of
property under its charge and control and of any persons on such
property. 18 U.S.C. 3061. The Postal Accountability and Enhancement Act
(Pub. L. 109-435, section 1001, 120 Stat. 3198) contains a penalty
provision for violations of such regulations, codified at 18 U.S.C.
3061(c). This penalty provision provides that ``a person violating a
regulation prescribed under this subsection [authorizing Postal Service
promulgation of regulations for the protection of its property and
persons on such property] shall be fined under [title 18].'' 18 U.S.C.
3061(c)(4)(B). Title 18 sets forth procedures for sentences of a fine
for defendants found guilty of a criminal offense. 18 U.S.C. 3571. This
amendment harmonizes Postal Service regulations with the Postal
Accountability and Enhancement Act by citing 18 U.S.C. 3571 as the
statutory basis for the penalty provision of the regulations.
List of Subjects in 39 CFR Part 232
Authority designations (Government agencies), Crime, Federal
buildings and facilities, Government property, Law enforcement
officers, Postal Service, Security measures.
0
In view of the considerations discussed above, the Postal Service
adopts the following amendments to 39 CFR Part 232:
PART 232--[Amended]
0
1. The authority citation for Part 232 is revised to read as follows:
Authority: 18 U.S.C. 13, 3061, 3571; 21 U.S.C. 802, 844; 39
U.S.C. 401, 403(b)(3), 404(a)(7), 1201(2).
0
2. In Sec. 232.1, paragraphs (f), (m), (o)(3), and (p)(2) are revised
to read as follows:
Sec. 232.1 Conduct on postal property.
* * * * *
(f) Gambling. Participating in games for money or other personal
property, the operation of gambling devices, the conduct of a lottery
or pool, or the selling or purchasing of lottery tickets, is prohibited
on postal premises. In accordance with 20 U.S.C. 107a(a)(5), this
prohibition does not apply to the vending or exchange of State Lottery
tickets at vending facilities operated by licensed blind persons where
such lotteries are authorized by state law.
* * * * *
(m) Nondiscrimination. There must be no discrimination by
segregation or otherwise against any person or persons because of race,
color, religion, national origin, sex, or disability, in furnishing, or
by refusing to furnish to such person or persons the use of any
facility of a public nature, including all services, privileges,
accommodations, and activities provided on postal property.
* * * * *
(o) * * *
(3) Posting of notices by U.S. Government-related organizations,
such as the Inaugural Committee as defined in 36 U.S.C. 501.
(p) * * *
(2) Whoever shall be found guilty of violating the rules and
regulations in this section while on property under the charge and
control of the Postal Service is subject to a fine as provided in 18
U.S.C. 3571 or imprisonment of not more than 30 days, or both. Nothing
contained in these rules and regulations shall be construed to abrogate
any other Federal laws or regulations or any State and local laws and
regulations applicable to any area in which the property is situated.
* * * * *
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 2010-31775 Filed 12-16-10; 8:45 am]
BILLING CODE 7710-12-P
