TRICARE: Changes Included in the National Defense Authorization Act for Fiscal Year 2010; Enhancement of Transitional Dental Care for Members of the Reserve Component on Active Duty for More Than 30 Days in Support of a Contingency Operation, 81366-81368 [2011-33175]
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81366
Federal Register / Vol. 76, No. 249 / Wednesday, December 28, 2011 / Rules and Regulations
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[Docket ID: DOD–2010–HA–0113]
RIN 0720–AB46
TRICARE: Changes Included in the
National Defense Authorization Act for
Fiscal Year 2010; Enhancement of
Transitional Dental Care for Members
of the Reserve Component on Active
Duty for More Than 30 Days in Support
of a Contingency Operation
Office of the Secretary, DoD.
Final rule.
AGENCY:
ACTION:
The Department is publishing
this final rule to implement section 703
of the National Defense Authorization
Act for Fiscal Year 2010 (NDAA for
FY10). Specifically, that legislation
amends the transitional health care
dental benefits for Reserve Component
members on active duty for more than
30 days in support of a contingency
operation. The legislation entitles these
Reserve Component members to dental
care in the same manner as a member
of the uniformed services on active duty
for more than 30 days, thus providing
care to the Reserve member in both
military dental treatment facilities and
authorized private sector dental care.
This final rule does not eliminate any
medical or dental care that is currently
covered as transitional health care for
the member.
DATES: Effective January 27, 2012.
FOR FURTHER INFORMATION CONTACT: COL
Jeffrey Chaffin, TRICARE Management
Activity, telephone (703) 681–0039.
SUPPLEMENTARY INFORMATION: Section
703 of the National Defense
Authorization Act for Fiscal Year 2010
(NDAA for FY10), Public Law 111–84,
amends the transitional health care
dental benefits for Reserve Component
members on active duty for more than
30 days in support of a contingency
operation. The legislation entitles these
Reserve Component members to dental
care in the same manner as a member
of the uniformed services on active duty
for more than 30 days, thus providing
care to the Reserve member in both
military dental treatment facilities and
authorized private sector dental care.
This final rule does not eliminate any
medical or dental care that is currently
covered as transitional health care for
the member. However the member’s
dependents are not entitled to this
enhanced benefit.
At present, the transitional health care
dental benefits for Reserve Component
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
17:19 Dec 27, 2011
Jkt 226001
members include space available care in
military dental treatment facilities and
eligibility for the TRICARE Dental
Program (TDP). The implementation of
section 703 of NDAA for FY10 will
enhance the dental benefit to include
space required care in military dental
treatment facilities; military dental
treatment facility referred care to the
private sector; and authorized remote
dental care in the private sector during
the 180 day transitional health care
period. Both dental treatment facility
referred care and remote care will be
administered by TRICARE’s Active Duty
Dental Program (ADDP). TDP eligibility
will begin after the transitional health
care period ends.
Reserve Component family members
are also eligible for the TRICARE Dental
Program (TDP). These family members
pay 100% of the premiums while their
sponsor is in Reserve status. If their
sponsor is activated for more than 30
days, the TDP enrolled Reserve
Component family members obtain the
same benefits as any other TDP enrolled
active duty family members with the
Government subsidizing 60 percent of
the premium cost for enrolled active
duty family members. This change in
status and subsidy occurs automatically.
Upon the sponsor’s deactivation, the
family members automatically revert to
Reserve Component family member TDP
status and pay 100% of the TDP
premium cost. With the final rule, there
is no change to status or eligibility for
family members.
I. Background
Currently, Reserve Component
members who separate from active duty
after serving for more than 30 days in
support of a contingency operation are
entitled to dental care under the
transitional assistance medical program
in the same manner as a dependent.
This consists of only space-available
dental care in a military dental
treatment facility and is very limited.
This final rule amends the transitional
health care dental benefit for Reserve
Component members who were on
active duty for more than 30 days in
support of a contingency operation by
providing those members’ dental care is
the same as that for a member of the
uniformed services on active duty for
more than 30 days. This enhanced
benefit does not apply to member’s
dependents.
As mentioned, the transitional health
care dental benefits for Reserve
Component members include space
available care in military dental
treatment facilities. Additionally,
Reserve Component members are
eligible for the TRICARE Dental
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Program (TDP). The TDP provides
comprehensive dental care insurance
and requires premium and cost-share
payments but includes an annual
maximum per enrollee per contract year
for non-orthodontic services. This
means that the total payments for
covered dental services (except
orthodontic services) for each enrolled
member will not exceed the annual
maximum amount in any contract year.
The Government subsidizes 60 percent
of the premium cost for enrolled
Reserve Component members. If
activated for more than 30 days in
support of a contingency operation, a
TDP enrolled Reserve Component
member is automatically disenrolled
from the TDP and automatically reenrolled upon deactivation.
Under the final rule, a TDP enrolled
Reserve Component member activated
for more than 30 days is still
automatically disenrolled from the TDP;
however, the Reserve Component
member will not be automatically reenrolled upon deactivation because the
member will be entitled to the same
dental benefits as an active duty
member. The Reserve Component
member will be TDP eligible and
automatically re-enrolled in the TDP
after the Transitional Health Care period
is completed.
Reserve Component family members
are also eligible for the TRICARE Dental
Program (TDP). These family members
pay 100% of the premiums while their
sponsor is in Reserve status. If their
sponsor is activated for more than 30
days, the TDP enrolled Reserve
Component family members obtain the
same benefits as any other TDP enrolled
active duty family members with the
Government subsidizing 60 percent of
the premium cost for enrolled active
duty family members. This change in
status and subsidy occurs automatically.
Upon the sponsor’s deactivation, the
family members automatically revert to
Reserve Component family member TDP
status and pay 100% of the TDP
premium cost. With the final rule, there
is no change to status or eligibility for
family members.
II. Public Comments
The proposed rule was published in
the Federal Register on January 13,
2011 (76 FR 2288) for a 60-day comment
period. We received only two comments
on the proposed rule. Both comments
were supportive of the rule and the
enhanced dental benefits offered. No
changes have been made to the final
rule as a result of these comments.
E:\FR\FM\28DER1.SGM
28DER1
Federal Register / Vol. 76, No. 249 / Wednesday, December 28, 2011 / Rules and Regulations
III. Regulatory Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’; Executive Order
13563, ‘‘Improving Regulation and
Regulatory Review’’; and Regulatory
Flexibility Act
Executive Orders 12866 and 12563
require 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 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
This rule will not impose additional
information collection requirements on
the public under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3511).
Unfunded Mandates
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 one year.
Federalism
mstockstill on DSK4VPTVN1PROD with RULES
We have examined the impact(s) of
the final 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
amended as follows:
VerDate Mar<15>2010
17:19 Dec 27, 2011
Jkt 226001
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. § 199.3 is amended by revising
paragraph (e)(3) to read as follows:
■
§ 199.3
Eligibility.
*
*
*
*
*
(e) * * *
(3) TAMP benefits under TRICARE
begin on the day after the member is
separated from active duty, and, if such
separation occurred on or after
November 6, 2003, end 180 days after
such date. TRICARE benefits available
to both the member and eligible family
members are generally those available to
family members of members of the
uniformed services under this Part.
However, during TAMP eligibility, a
member of a Reserve Component as
described in paragraph (e)(1)(ii) of this
section, is entitled to dental care to
which a member of the uniformed
services on active duty for more than 30
days is entitled. Each branch of service
will determine eligibility for its
members and eligible family members
and provide data to DEERS.
*
*
*
*
*
■ 3. § 199.13 is amended by revising
paragraph (c)(3)(ii)(E)(1) to read as
follows:
§ 199.13
TRICARE Dental Program.
*
*
*
*
*
(c) * * *
(3) * * *
(ii) * * *
(E) Changes in and termination of
enrollment.
(1) Changes in status of active duty,
Selected Reserve or Individual Ready
Reserve member. When the active duty,
Selected Reserve or Individual Ready
Reserve member is separated,
discharged, retired, transferred to the
Standby or Retired Reserve, his or her
enrolled dependents and/or the enrolled
Selected Reserve or Individual Ready
Reserve member loses eligibility and
enrollment as of 11:59 p.m. on the last
day of the month in which the change
in status takes place. When the Selected
Reserve or Individual Ready Reserve
member is ordered to active duty for a
period of more than 30 days without a
break in service, the member loses
eligibility and is disenrolled, if
previously enrolled; however, their
enrolled dependents maintain their
eligibility and previous enrollment
subject to eligibility, enrollment and
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Frm 00009
Fmt 4700
Sfmt 4700
81367
disenrollment provisions described in
this section and in the TDP contract.
(i) Reserve component members
separated from active duty in support of
a contingency operation. When 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 for more than 30 days, the member
becomes eligible for Transitional Health
Care pursuant to 10 U.S.C. 1145(a) and
the member is entitled to dental care to
which a member of the uniformed
services on active duty for more than 30
days is entitled. Thus the member has
no requirement for the TDP and is not
eligible to purchase the TDP. Upon the
termination of Transitional Health Care
eligibility, the member regains TDP
eligibility and is reenrolled, if
previously enrolled.
(ii) Dependents of members separated
from active duty in support of a
contingency operation. Dependents of 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 for more than 30 days maintain
their eligibility and previous
enrollment, subject to eligibility,
enrollment and disenrollment
provisions described in this section and
in the TDP contract. During the
member’s Transitional Health Care
eligibility, the dependents are
considered family members of Reserve
Component members.
(iii) Members separated from active
duty and not covered by 10 U.S.C.
1145(a)(2)(B). When the previously
enrolled active duty member is
transferred back to the Selected Reserve
or Individual Ready Reserve, and is not
covered by 10 U.S.C. 1145(a)(2)(B),
without a break in service, the member
regains TDP eligibility and is reenrolled;
however, enrolled dependents maintain
their eligibility and previous enrollment
subject to eligibility, enrollment and
disenrollment provisions described in
this section and in the TDP contract.
(iv) Eligible dependents of an active
duty, Selected Reserve or Individual
Ready Reserve member serving a
sentence of confinement in conjunction
with a sentence of punitive discharge
are still eligible for the TDP until such
time as the active duty, Selected Reserve
or Individual Ready Reserve member’s
discharge is executed.
*
*
*
*
*
E:\FR\FM\28DER1.SGM
28DER1
81368
Federal Register / Vol. 76, No. 249 / Wednesday, December 28, 2011 / Rules and Regulations
Dated: December 21, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2011–33175 Filed 12–27–11; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[DOD–2009–HA–0175]
RIN 0720–AB38
TRICARE; Elimination of Co-payments
for Authorized Preventive Services for
Certain TRICARE Standard
Beneficiaries
Office of the Secretary,
Department of Defense.
ACTION: Final rule.
AGENCY:
The Department of Defense is
publishing this final rule to implement
section 711 of the National Defense
Authorization Act (NDAA) for Fiscal
Year 2009 (FY 2009), Public Law 110–
417. Section 711 eliminates copayments
for authorized preventive services for
TRICARE Standard beneficiaries other
than Medicare-eligible beneficiaries.
This rule also realigns the covered
preventive services listed in the
Exclusions section of the regulation to
the Special Benefits section in the
regulation.
DATES: Effective Date: This final rule is
effective January 27, 2012. Applicability
Date: 32 CFR 199.4(f)(12) applies for
dates of service on or after October 14,
2008, for preventive services listed in
paragraph (e) (28) of this section.
FOR FURTHER INFORMATION CONTACT: Ann
Fazzini, Medical Benefits and
Reimbursement Branch, TRICARE
Management Activity, telephone (303)
676–3803. Questions regarding payment
of specific claims should be addressed
to the appropriate TRICARE contractor.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background
Sections 1079(b) and 1086(b) of Title
10, United States Code (U.S.C.), as
amended by Section 711 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2009 (Pub. L. 110–417),
required the Department of Defense to
eliminate copayments for those
authorized preventive services named in
the law for TRICARE Standard
beneficiaries other than Medicareeligible beneficiaries.
This language requires all copayments
to be eliminated for authorized
VerDate Mar<15>2010
17:19 Dec 27, 2011
Jkt 226001
preventive services for certain TRICARE
Standard beneficiaries who would
otherwise pay copayments and that
certain TRICARE Standard beneficiaries
pay nothing for the preventive services
during a year even if the beneficiary has
not paid the amount necessary to cover
the beneficiary’s deductible for the year.
The language does not expand coverage
of preventive services not otherwise
authorized by law under the TRICARE
preventive care benefit.
The proposed rule published in the
Federal Register on September 27, 2010,
(75 FR 59173) clarified and realigned
the preventive services currently listed
in the Exclusions section of the
TRICARE regulation to the Special
Benefits section in the regulation. This
realignment does not remove from
coverage any preventive services
currently covered under the program
nor does it create a new entitlement to
preventive or other services not
otherwise authorized in title 10, Chapter
55, United States Code. We performed
this realignment because Title 32 Code
of Federal Regulations (CFR) § 199.4(g),
‘‘Exclusions and limitations,’’ states in
subparagraph (37) that preventive care
is excluded, and then lists those
services that are not excluded. We
believe including covered preventive
services in the Exclusions section
created confusion for those seeking
information about preventive services
under the TRICARE program. A person
seeking information about what
preventive services are covered would
most likely not look for that information
in a section labeled ‘‘Exclusions.’’ We
remedied this confusion by removing
the list of covered preventive services
from this section and placing the list in
the ‘‘Special Benefit Information’’
section of 32 CFR 199.4(e). We also
realigned those services currently in the
‘‘Exclusions’’ section that are not truly
preventive but are more evaluative in
nature in the ‘‘Special Benefit
Information’’ section of 32 CFR 199.4(e)
and added a definition of ‘‘evaluative’’
services in 32 CFR 199.2. However,
based upon public comments received,
we have removed the evaluative
services definition and label from the
Final Rule language, instead opting to
simply list separately those covered
benefits that while preventive in nature
are authorized independently from the
statutory lists of specifically authorized
preventive services contained in
Chapter 55 of title 10, United States
Code. See Section III. Public Comments
below.
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Frm 00010
Fmt 4700
Sfmt 4700
II. Section 711 of the Duncan Hunter
NDAA for FY 2009
Section 711 of the NDAA 2009 waives
certain copayments for authorized
preventive services for TRICARE
Standard beneficiaries by amending
subparagraphs 1079(b) and 1086(b) of
Title 10, United States Code.
It is important to note that the
language in Section 711 includes in the
list of preventive services for which a
cost share is not applicable an ‘‘annual
physical exam.’’ By law, only well-child
visits for beneficiaries under 6 years of
age are covered, as are physical
examinations for beneficiaries 6 years of
age or older if conducted as part of
health promotion and disease
prevention visits when provided in
connection with otherwise authorized
immunizations and or cancer
screenings, resulting in elimination of
copayments for these specific physical
examinations for TRICARE Standard
beneficiaries. See Title 10, U.S.C.
1079(a)(2). Routine annual
examinations, other than as described
above, are not covered by the TRICARE
program.
III. Public Comments
The proposed rule was published in
the Federal Register (75 FR 59173) on
September 27, 2010 for a 60-day public
comment period. We received seven
comments from six respondents on the
proposed rule.
Five respondents expressed support
of this rule change because it will
provide better overall coverage for
beneficiaries, will increase awareness of
disease states and prevention, is a step
toward healthier lifestyles and better
health choices, and in the long run will
save the government money. We agree,
and are pleased to promulgate this rule.
One respondent stated agreement that
a military beneficiary seeking
information about what preventive
services are covered would most likely
not look for that information in a section
labeled ‘‘Exclusions.’’ We agree and are
pleased we are able to remedy this
confusion.
Two respondents requested minimal
changes to make the regulation better
understood and to eliminate confusing
verbiage. We appreciate the comments
and believe that the new evaluative
services category may have been
misleading. Adding the new evaluative
services language in 32 CFR 199.4, the
‘‘Special Benefit Information’’ section,
may have had the unintended result of
implying that we were expanding
benefit coverage of preventive services
beyond what was otherwise authorized
by law or otherwise creating a new type
E:\FR\FM\28DER1.SGM
28DER1
]]>Agencies
[Federal Register Volume 76, Number 249 (Wednesday, December 28, 2011)]
[Rules and Regulations]
[Pages 81366-81368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33175]
[[Page 81366]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[Docket ID: DOD-2010-HA-0113]
RIN 0720-AB46
TRICARE: Changes Included in the National Defense Authorization
Act for Fiscal Year 2010; Enhancement of Transitional Dental Care for
Members of the Reserve Component on Active Duty for More Than 30 Days
in Support of a Contingency Operation
AGENCY: Office of the Secretary, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department is publishing this final rule to implement
section 703 of the National Defense Authorization Act for Fiscal Year
2010 (NDAA for FY10). Specifically, that legislation amends the
transitional health care dental benefits for Reserve Component members
on active duty for more than 30 days in support of a contingency
operation. The legislation entitles these Reserve Component members to
dental care in the same manner as a member of the uniformed services on
active duty for more than 30 days, thus providing care to the Reserve
member in both military dental treatment facilities and authorized
private sector dental care. This final rule does not eliminate any
medical or dental care that is currently covered as transitional health
care for the member.
DATES: Effective January 27, 2012.
FOR FURTHER INFORMATION CONTACT: COL Jeffrey Chaffin, TRICARE
Management Activity, telephone (703) 681-0039.
SUPPLEMENTARY INFORMATION: Section 703 of the National Defense
Authorization Act for Fiscal Year 2010 (NDAA for FY10), Public Law 111-
84, amends the transitional health care dental benefits for Reserve
Component members on active duty for more than 30 days in support of a
contingency operation. The legislation entitles these Reserve Component
members to dental care in the same manner as a member of the uniformed
services on active duty for more than 30 days, thus providing care to
the Reserve member in both military dental treatment facilities and
authorized private sector dental care. This final rule does not
eliminate any medical or dental care that is currently covered as
transitional health care for the member. However the member's
dependents are not entitled to this enhanced benefit.
At present, the transitional health care dental benefits for
Reserve Component members include space available care in military
dental treatment facilities and eligibility for the TRICARE Dental
Program (TDP). The implementation of section 703 of NDAA for FY10 will
enhance the dental benefit to include space required care in military
dental treatment facilities; military dental treatment facility
referred care to the private sector; and authorized remote dental care
in the private sector during the 180 day transitional health care
period. Both dental treatment facility referred care and remote care
will be administered by TRICARE's Active Duty Dental Program (ADDP).
TDP eligibility will begin after the transitional health care period
ends.
Reserve Component family members are also eligible for the TRICARE
Dental Program (TDP). These family members pay 100% of the premiums
while their sponsor is in Reserve status. If their sponsor is activated
for more than 30 days, the TDP enrolled Reserve Component family
members obtain the same benefits as any other TDP enrolled active duty
family members with the Government subsidizing 60 percent of the
premium cost for enrolled active duty family members. This change in
status and subsidy occurs automatically. Upon the sponsor's
deactivation, the family members automatically revert to Reserve
Component family member TDP status and pay 100% of the TDP premium
cost. With the final rule, there is no change to status or eligibility
for family members.
I. Background
Currently, Reserve Component members who separate from active duty
after serving for more than 30 days in support of a contingency
operation are entitled to dental care under the transitional assistance
medical program in the same manner as a dependent. This consists of
only space-available dental care in a military dental treatment
facility and is very limited.
This final rule amends the transitional health care dental benefit
for Reserve Component members who were on active duty for more than 30
days in support of a contingency operation by providing those members'
dental care is the same as that for a member of the uniformed services
on active duty for more than 30 days. This enhanced benefit does not
apply to member's dependents.
As mentioned, the transitional health care dental benefits for
Reserve Component members include space available care in military
dental treatment facilities. Additionally, Reserve Component members
are eligible for the TRICARE Dental Program (TDP). The TDP provides
comprehensive dental care insurance and requires premium and cost-share
payments but includes an annual maximum per enrollee per contract year
for non-orthodontic services. This means that the total payments for
covered dental services (except orthodontic services) for each enrolled
member will not exceed the annual maximum amount in any contract year.
The Government subsidizes 60 percent of the premium cost for enrolled
Reserve Component members. If activated for more than 30 days in
support of a contingency operation, a TDP enrolled Reserve Component
member is automatically disenrolled from the TDP and automatically re-
enrolled upon deactivation.
Under the final rule, a TDP enrolled Reserve Component member
activated for more than 30 days is still automatically disenrolled from
the TDP; however, the Reserve Component member will not be
automatically re-enrolled upon deactivation because the member will be
entitled to the same dental benefits as an active duty member. The
Reserve Component member will be TDP eligible and automatically re-
enrolled in the TDP after the Transitional Health Care period is
completed.
Reserve Component family members are also eligible for the TRICARE
Dental Program (TDP). These family members pay 100% of the premiums
while their sponsor is in Reserve status. If their sponsor is activated
for more than 30 days, the TDP enrolled Reserve Component family
members obtain the same benefits as any other TDP enrolled active duty
family members with the Government subsidizing 60 percent of the
premium cost for enrolled active duty family members. This change in
status and subsidy occurs automatically. Upon the sponsor's
deactivation, the family members automatically revert to Reserve
Component family member TDP status and pay 100% of the TDP premium
cost. With the final rule, there is no change to status or eligibility
for family members.
II. Public Comments
The proposed rule was published in the Federal Register on January
13, 2011 (76 FR 2288) for a 60-day comment period. We received only two
comments on the proposed rule. Both comments were supportive of the
rule and the enhanced dental benefits offered. No changes have been
made to the final rule as a result of these comments.
[[Page 81367]]
III. Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review''; Executive
Order 13563, ``Improving Regulation and Regulatory Review''; and
Regulatory Flexibility Act
Executive Orders 12866 and 12563 require 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 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
This rule will not impose additional information collection
requirements on the public under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3511).
Unfunded Mandates
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 one year.
Federalism
We have examined the impact(s) of the final 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 amended as follows:
PART 199--CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED
SERVICES (CHAMPUS)
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. Sec. 199.3 is amended by revising paragraph (e)(3) to read as
follows:
Sec. 199.3 Eligibility.
* * * * *
(e) * * *
(3) TAMP benefits under TRICARE begin on the day after the member
is separated from active duty, and, if such separation occurred on or
after November 6, 2003, end 180 days after such date. TRICARE benefits
available to both the member and eligible family members are generally
those available to family members of members of the uniformed services
under this Part. However, during TAMP eligibility, a member of a
Reserve Component as described in paragraph (e)(1)(ii) of this section,
is entitled to dental care to which a member of the uniformed services
on active duty for more than 30 days is entitled. Each branch of
service will determine eligibility for its members and eligible family
members and provide data to DEERS.
* * * * *
0
3. Sec. 199.13 is amended by revising paragraph (c)(3)(ii)(E)(1) to
read as follows:
Sec. 199.13 TRICARE Dental Program.
* * * * *
(c) * * *
(3) * * *
(ii) * * *
(E) Changes in and termination of enrollment.
(1) Changes in status of active duty, Selected Reserve or
Individual Ready Reserve member. When the active duty, Selected Reserve
or Individual Ready Reserve member is separated, discharged, retired,
transferred to the Standby or Retired Reserve, his or her enrolled
dependents and/or the enrolled Selected Reserve or Individual Ready
Reserve member loses eligibility and enrollment as of 11:59 p.m. on the
last day of the month in which the change in status takes place. When
the Selected Reserve or Individual Ready Reserve member is ordered to
active duty for a period of more than 30 days without a break in
service, the member loses eligibility and is disenrolled, if previously
enrolled; however, their enrolled dependents maintain their eligibility
and previous enrollment subject to eligibility, enrollment and
disenrollment provisions described in this section and in the TDP
contract.
(i) Reserve component members separated from active duty in support
of a contingency operation. When 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 for more than 30 days, the
member becomes eligible for Transitional Health Care pursuant to 10
U.S.C. 1145(a) and the member is entitled to dental care to which a
member of the uniformed services on active duty for more than 30 days
is entitled. Thus the member has no requirement for the TDP and is not
eligible to purchase the TDP. Upon the termination of Transitional
Health Care eligibility, the member regains TDP eligibility and is
reenrolled, if previously enrolled.
(ii) Dependents of members separated from active duty in support of
a contingency operation. Dependents of 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 for more than
30 days maintain their eligibility and previous enrollment, subject to
eligibility, enrollment and disenrollment provisions described in this
section and in the TDP contract. During the member's Transitional
Health Care eligibility, the dependents are considered family members
of Reserve Component members.
(iii) Members separated from active duty and not covered by 10
U.S.C. 1145(a)(2)(B). When the previously enrolled active duty member
is transferred back to the Selected Reserve or Individual Ready
Reserve, and is not covered by 10 U.S.C. 1145(a)(2)(B), without a break
in service, the member regains TDP eligibility and is reenrolled;
however, enrolled dependents maintain their eligibility and previous
enrollment subject to eligibility, enrollment and disenrollment
provisions described in this section and in the TDP contract.
(iv) Eligible dependents of an active duty, Selected Reserve or
Individual Ready Reserve member serving a sentence of confinement in
conjunction with a sentence of punitive discharge are still eligible
for the TDP until such time as the active duty, Selected Reserve or
Individual Ready Reserve member's discharge is executed.
* * * * *
[[Page 81368]]
Dated: December 21, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2011-33175 Filed 12-27-11; 8:45 am]
BILLING CODE 5001-06-P
