TRICARE Management Activity Adoption of Department of the Treasury's Administrative Wage Garnishment Procedures, 38041-38042 [2012-15506]

Download as PDF Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Notices (3) Short biography of nominee including credentials; (4) Brief description of the company, trade association, or organization to be represented and its business activities; company size (number of employees and annual sales); and export markets served; (5) An affirmative statement that the nominee is not a Federally registered lobbyist, and that the nominee understands that if appointed, the nominee will not be allowed to continue to serve as a Committee member if the nominee becomes a Federally registered lobbyist; (6) An affirmative statement that the nominee meets all Committee eligibility requirements. Please do not send company, trade association, or organization brochures or any other information. Nominations may be emailed to jennifer.derstine@trade.gov or faxed to the attention of Jennifer Derstine at 202– 482–5665, or mailed to Jennifer Derstine, Office of Energy & Environmental Industries, Room 4053, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, and must be received before July 16, 2012. Nominees selected for appointment to the Committee will be notified by return mail. FOR FURTHER INFORMATION CONTACT: Jennifer Derstine, Office of Energy & Environmental Industries, Room 4053, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; phone 202–482–3889; fax 202–482–5665; email jennifer.derstine@trade.gov. Dated: June 20, 2012. Brian P. O’Hanlon, Acting Director, Office of Energy and Environmental Industries. [FR Doc. 2012–15529 Filed 6–25–12; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF DEFENSE Office of the Secretary Federal Advisory Committee; Defense Intelligence Agency (DIA) Advisory Board; Closed Meeting AGENCY: rmajette on DSK2TPTVN1PROD with NOTICES Meeting notice. Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C. Appendix 2 (2001)), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b), and 41 CFR 102– 3.10, DoD hereby announces that the DIA Advisory Board will meet on July SUMMARY: VerDate Mar<15>2010 15:33 Jun 25, 2012 Jkt 226001 SUPPLEMENTARY INFORMATION: Board. The Designated Federal Official will ensure that written statements are provided to the Board for its consideration. Written statements may also be submitted in response to the stated agenda of planned board meetings. Statements submitted in response to this notice must be received by the Designated Federal Official at least five calendar days prior to the meeting which is the subject of this notice. Written statements received after that date may not be provided or considered by the Board until its next meeting. All submissions provided before that date will be presented to the Board before the meeting that is subject of this notice. Contact information for the Designated Federal Official is listed under FOR FURTHER INFORMATION CONTACT. Dated: June 20, 2012. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. Purpose of the Meeting [FR Doc. 2012–15433 Filed 6–25–12; 8:45 am] For the Advisory Board to discuss DIA operations and capabilities in support of current intelligence operations. BILLING CODE 5001–06–P Agenda Office of the Secretary July 23, 2012 TRICARE Management Activity Adoption of Department of the Treasury’s Administrative Wage Garnishment Procedures 1 p.m.—Call to Order Mr. William Caniano, Designated Federal Official, Mrs. Mary Margaret Graham, Chairman 1 p.m.—Working Lunch 2 p.m.—Break 2:15 p.m.—Administrative Business 2:30 p.m.—Classified Briefing 3:30 p.m.—Adjourn Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102–3.155, the Director, DIA, has determined that the all meetings shall be closed to the public. The Director, DIA, in consultation with the DIA Office of the General Counsel, has determined in writing that the public interest requires that all sessions of the Board’s meetings be closed to the public because they include discussions of classified information and matters covered by 5 U.S.C. 552b(c)(1). Written Statements DIA, Department of Defense (DoD). ACTION: 23, 2012. The meeting is closed to the public. The meeting necessarily includes discussions of classified information relating to DIA’s intelligence operations including its support to current operations. DATES: The meeting will be held on July 23, 2012 (from 1 p.m. to 3:30 p.m.). ADDRESSES: The meeting will be held at Joint-Base Bolling-Anacostia, Washington, DC. FOR FURTHER INFORMATION CONTACT: Mr. Mark Harrison, (703) 697–5102, Alternate Designated Federal Official, DIA Office for Congressional and Public Affairs, Pentagon 1A874, Washington, DC 20340–5100. Committee’s Designated Federal Official: Mr. William Caniano, (703) 614–4774, DIA Office for Congressional and Public Affairs, Pentagon 1A874, Washington, DC 20340–5100. William.Caniano@dodiis.mil. 38041 Pursuant to 41 CFR 102–3.105(j) and 102–3.140, and section 10(a)(3) of the Federal Advisory Board Committee Act of 1972, the public or interested organizations may submit written statements at any time to the DIA Advisory Board regarding its missions and functions. All written statements shall be submitted to the Designated Federal Official for the DIA Advisory PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 DEPARTMENT OF DEFENSE TRICARE Management Activity (TMA), DoD. ACTION: Adoption of Department of the Treasury administrative wage garnishment procedures. AGENCY: This notice is to advise TRICARE sponsors, beneficiaries, providers, physicians, other suppliers of services or supplies, and any other persons who for any reason have been erroneously paid under TRICARE, that TRICARE Management Activity (TMA) is adopting by reference Department of the Treasury (Treasury) administrative wage garnishment procedures as established at 31 CFR 285.11. By adopting this regulation, TMA will authorize Treasury’s Financial Management Service (FMS), to use administrative wage garnishment as an additional tool to collect TMA’s debts once such legally enforceable non-tax debts are transferred to Treasury for collection through cross servicing pursuant to 32 CFR 199.11(f)(6)(vi). When a TMA debtor is employed in the private sector or by a state or local government, Treasury may be able to collect the debt by garnishing a portion of the debtor’s disposable pay as defined SUMMARY: E:\FR\FM\26JNN1.SGM 26JNN1 rmajette on DSK2TPTVN1PROD with NOTICES 38042 Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Notices in 31 CFR 285.11. Administrative wage garnishment will not affect a significant number of TMA debtors, as TMA estimates 6% of its debt cases and less than 0.3% of total debt may be eligible for collection with this tool. DATES: TMA’s adoption of the Department of the Treasury’s administrative wage garnishment procedures is effective 30 days after publication of the notice. ADDRESSES: TRICARE Management Activity (TMA), Claims Collection Section, Office of General Counsel, 16401 East Centretech Parkway, Aurora, CO 80011–9066. FOR FURTHER INFORMATION CONTACT: Michael R. Bibbo, TRICARE Management Activity, Office of General Counsel, telephone (303) 676–3705. SUPPLEMENTARY INFORMATION: TMA’s authority to recover overpayments is outlined in 32 CFR 199.11. The Federal Claims Collection Act, as amended by the Debt Collection Act of 1982 and the Debt Collection Improvement Act of 1996, and Treasury regulations implementing these statutes, provides the basic authority under which claims may be asserted pursuant to § 199.11. Specific recoupment procedures are listed at 32 CFR 199.11(f)(6), including collection by transfer of debts to Treasury or a Treasury-designated debt collection center for collection through cross servicing per 32 CFR 199.11(f)(6)(vi). Pursuant to Title 31, United States Code (U.S.C.), Section 3711(g) and 31 CFR 285.12, the Director, TMA is required to transfer legally enforceable non-tax debts that have been delinquent for more than 180 days to Treasury’s FMS for collection. The FMS cross-servicing program uses various means to collect debts, including offsetting federal payments, the use of private collection agencies and the garnishment of wages through administrative wage garnishment procedures. The Treasury Financial Manual, Part 4–Chapter 4000, requires agencies transferring debts to FMS to have administrative wage garnishment procedures or regulations. Federal agencies are authorized to collect delinquent nontax debt owed to the United States from debtors’ wages by means of administrative wage garnishment in accordance with the requirements of 31 U.S.C. 3720D and 31 CFR 285.11. The implementing regulations provide due process for nontax debtors. Agencies may prescribe their own conforming regulations, containing the same substantive and procedural requirements as the Treasury final rule on wage garnishment, for the conduct of administrative wage VerDate Mar<15>2010 15:33 Jun 25, 2012 Jkt 226001 garnishment hearings. In the alternative, creditor agencies may adopt Treasury’s administrative wage garnishment regulation, 31 CFR 285.11, without change by reference in order to authorize Treasury to use administrative wage garnishment as one of many debt collection remedies available to collect delinquent debts transferred to Treasury by a creditor agency. Administrative wage garnishment is available for use against a narrow class of TMA’s debtors. For a debtor’s wages to be garnished, he or she must be an individual employed in the private sector or by a state or local government. TMA’s debtors are primarily commercial medical providers. In addition, TMA debtors are often active duty or reserve military members or retirees whose debts are frequently satisfied by offsetting federal salary or retirement payments through the Defense Finance and Accounting Service. In January 2012, TMA had 1,821 open debt cases, 105 of which may have been subject to administrative wage garnishment. As these debts are generally much smaller than those incurred by commercial providers, they represent less than 0.3% of TMA open debt. With this notice, TMA adopts, without change, all of the provisions of 31 CFR 285.11 concerning administrative wage garnishment, including the Treasury hearing procedures described in 31 CFR 285.11(f). At least thirty (30) days prior to FMS initiating an administrative wage garnishment, FMS will send notice to the debtor, in accordance with the requirements of 31 CFR 285.11(e), informing the debtor that administrative wage garnishment will be initiated and how the debtor may request a hearing. If a debtor makes a timely hearing request, administrative wage garnishment will not begin until a hearing is held and a decision is sent to the debtor in accordance with the provisions of 31 CFR 285.11(f)(4). If a debtor’s hearing request is untimely, FMS may suspend collection by administrative wage garnishment in accordance with the provisions of 31 CFR 285.11(f)(5). All travel expenses incurred by the debtor in connection with an in-person hearing will be borne by the debtor. This regulation does not apply to federal salary offset, the process by which federal agencies collect debts from the salaries of federal employees. Additionally, when TMA collects debts of military members or retirees through offsetting Defense Finance and Accounting Service payments, the provisions of 32 CFR 199.11(f)(6)(vii) govern. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Dated: June 20, 2012. Patricia Toppings, OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2012–15506 Filed 6–25–12; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary TRICARE; Implementation of TRICARE Transitional Outpatient Payments Department of Defense (DoD). Notice of TRICARE Transitional Outpatient Payments (TTOPs) AGENCY: ACTION: This notice informs hospitals of TRICARE’s Transitional Outpatient Payments (TTOPs) under TRICARE’s Outpatient Prospective Payment System (OPPS). DATES: The TTOPs are effective January 1, 2010. ADDRESSES: TRICARE Management Activity (TMA), Medical Benefits and Reimbursement Branch, 16401 East Centretech Parkway, Aurora, CO 80011– 9066. FOR FURTHER INFORMATION CONTACT: Ms. Martha M. Maxey, TMA, Medical Benefits and Reimbursement Branch, telephone (303) 676–3627. SUPPLEMENTARY INFORMATION: With implementation of the Medicare OPPS, certain hospitals were eligible to receive additional transitional outpatient payments (TOPS) if the payments they received under the OPPS were less than the payments they could have received for the same services under the payment system in effect before the OPPS. Medicare refers to these transitional payments as hold harmless TOPs and they applied to small rural hospitals with 100 or fewer beds and rural Sole Community Hospitals (SCHs) with 100 or fewer beds. TRICARE’s OPPS Final Rule, published in the Federal Register (73 FR 74945) on December 10, 2008, states Agency will adopt the hold harmless TOPs for rural hospitals having 100 or fewer beds and SCHs. Medicare’s hold harmless TOPs was scheduled to expire January 1, 2010. TRICARE delayed implementation of its OPPS for small rural hospitals with 100 or fewer beds and rural SCHs with 100 or fewer beds until January 1, 2010, with the expectation that the Medicare TOPs would expire, negating the need to implement the TRICARE TOPs provision. The Patient Protection and Affordable Care Act (PPACA) extended the hold harmless provision under Medicare, beyond January 1, 2010; therefore TRICARE will need to SUMMARY: E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Notices]
[Pages 38041-38042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15506]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


TRICARE Management Activity Adoption of Department of the 
Treasury's Administrative Wage Garnishment Procedures

AGENCY: TRICARE Management Activity (TMA), DoD.

ACTION: Adoption of Department of the Treasury administrative wage 
garnishment procedures.

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

SUMMARY: This notice is to advise TRICARE sponsors, beneficiaries, 
providers, physicians, other suppliers of services or supplies, and any 
other persons who for any reason have been erroneously paid under 
TRICARE, that TRICARE Management Activity (TMA) is adopting by 
reference Department of the Treasury (Treasury) administrative wage 
garnishment procedures as established at 31 CFR 285.11. By adopting 
this regulation, TMA will authorize Treasury's Financial Management 
Service (FMS), to use administrative wage garnishment as an additional 
tool to collect TMA's debts once such legally enforceable non-tax debts 
are transferred to Treasury for collection through cross servicing 
pursuant to 32 CFR 199.11(f)(6)(vi). When a TMA debtor is employed in 
the private sector or by a state or local government, Treasury may be 
able to collect the debt by garnishing a portion of the debtor's 
disposable pay as defined

[[Page 38042]]

in 31 CFR 285.11. Administrative wage garnishment will not affect a 
significant number of TMA debtors, as TMA estimates 6% of its debt 
cases and less than 0.3% of total debt may be eligible for collection 
with this tool.

DATES: TMA's adoption of the Department of the Treasury's 
administrative wage garnishment procedures is effective 30 days after 
publication of the notice.

ADDRESSES: TRICARE Management Activity (TMA), Claims Collection 
Section, Office of General Counsel, 16401 East Centretech Parkway, 
Aurora, CO 80011-9066.

FOR FURTHER INFORMATION CONTACT: Michael R. Bibbo, TRICARE Management 
Activity, Office of General Counsel, telephone (303) 676-3705.

SUPPLEMENTARY INFORMATION: TMA's authority to recover overpayments is 
outlined in 32 CFR 199.11. The Federal Claims Collection Act, as 
amended by the Debt Collection Act of 1982 and the Debt Collection 
Improvement Act of 1996, and Treasury regulations implementing these 
statutes, provides the basic authority under which claims may be 
asserted pursuant to Sec.  199.11. Specific recoupment procedures are 
listed at 32 CFR 199.11(f)(6), including collection by transfer of 
debts to Treasury or a Treasury-designated debt collection center for 
collection through cross servicing per 32 CFR 199.11(f)(6)(vi). 
Pursuant to Title 31, United States Code (U.S.C.), Section 3711(g) and 
31 CFR 285.12, the Director, TMA is required to transfer legally 
enforceable non-tax debts that have been delinquent for more than 180 
days to Treasury's FMS for collection. The FMS cross-servicing program 
uses various means to collect debts, including offsetting federal 
payments, the use of private collection agencies and the garnishment of 
wages through administrative wage garnishment procedures. The Treasury 
Financial Manual, Part 4-Chapter 4000, requires agencies transferring 
debts to FMS to have administrative wage garnishment procedures or 
regulations.
    Federal agencies are authorized to collect delinquent nontax debt 
owed to the United States from debtors' wages by means of 
administrative wage garnishment in accordance with the requirements of 
31 U.S.C. 3720D and 31 CFR 285.11. The implementing regulations provide 
due process for nontax debtors. Agencies may prescribe their own 
conforming regulations, containing the same substantive and procedural 
requirements as the Treasury final rule on wage garnishment, for the 
conduct of administrative wage garnishment hearings. In the 
alternative, creditor agencies may adopt Treasury's administrative wage 
garnishment regulation, 31 CFR 285.11, without change by reference in 
order to authorize Treasury to use administrative wage garnishment as 
one of many debt collection remedies available to collect delinquent 
debts transferred to Treasury by a creditor agency.
    Administrative wage garnishment is available for use against a 
narrow class of TMA's debtors. For a debtor's wages to be garnished, he 
or she must be an individual employed in the private sector or by a 
state or local government. TMA's debtors are primarily commercial 
medical providers. In addition, TMA debtors are often active duty or 
reserve military members or retirees whose debts are frequently 
satisfied by offsetting federal salary or retirement payments through 
the Defense Finance and Accounting Service. In January 2012, TMA had 
1,821 open debt cases, 105 of which may have been subject to 
administrative wage garnishment. As these debts are generally much 
smaller than those incurred by commercial providers, they represent 
less than 0.3% of TMA open debt. With this notice, TMA adopts, without 
change, all of the provisions of 31 CFR 285.11 concerning 
administrative wage garnishment, including the Treasury hearing 
procedures described in 31 CFR 285.11(f). At least thirty (30) days 
prior to FMS initiating an administrative wage garnishment, FMS will 
send notice to the debtor, in accordance with the requirements of 31 
CFR 285.11(e), informing the debtor that administrative wage 
garnishment will be initiated and how the debtor may request a hearing. 
If a debtor makes a timely hearing request, administrative wage 
garnishment will not begin until a hearing is held and a decision is 
sent to the debtor in accordance with the provisions of 31 CFR 
285.11(f)(4). If a debtor's hearing request is untimely, FMS may 
suspend collection by administrative wage garnishment in accordance 
with the provisions of 31 CFR 285.11(f)(5). All travel expenses 
incurred by the debtor in connection with an in-person hearing will be 
borne by the debtor. This regulation does not apply to federal salary 
offset, the process by which federal agencies collect debts from the 
salaries of federal employees. Additionally, when TMA collects debts of 
military members or retirees through offsetting Defense Finance and 
Accounting Service payments, the provisions of 32 CFR 199.11(f)(6)(vii) 
govern.

    Dated: June 20, 2012.
Patricia Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-15506 Filed 6-25-12; 8:45 am]
BILLING CODE 5001-06-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.