Medications Prescribed by Non-VA Providers, 42455-42456 [2013-16978]

Download as PDF Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules and Regulations List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and record keeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR parts 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Buffalo, or his on-scene representative. Dated: July 2, 2013. J. S. Imahori, Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo. [FR Doc. 2013–16957 Filed 7–15–13; 8:45 am] BILLING CODE 9110–04–P ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900–AO77 2. Add § 165.T09–0584 to read as follows: Medications Prescribed by Non-VA Providers § 165.T09–0163 Safety Zone; Rescue Jumpmaster Training, Lake Erie, Dunkirk, NY. mstockstill on DSK4VPTVN1PROD with RULES ■ AGENCY: (a) Location. This zone will encompass all waters of Lake Erie, Dunkirk, NY within a 1000 yard radius of a drifting training vessel, beginning at position 42°31’34″ N and 079°19’46″ W (NAD 83) and moving with the vessel. (b) Effective and Enforcement Period. This regulation is effective between 11:30 a.m. on July 22, 2013, and 2:30 p.m. on July 27, 2013, and will be enforced at various times throughout the day and night. A Coast Guard vessel will accompany the training vessel during periods of enforcement. Broadcast Notices to Mariners notifying the public will be made via radio prior to all jump evolutions. (c) Regulations. (1) In accordance with the general regulations in section 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo to act on his behalf. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given SUMMARY: VerDate Mar<15>2010 18:29 Jul 15, 2013 Jkt 229001 ACTION: Department of Veterans Affairs. Final rule. The Department of Veterans Affairs (VA) is amending its regulation concerning filling prescriptions written by non-VA providers for veterans of a period of war who are receiving increased pension because they are permanently housebound or in need of aid and attendance. This rulemaking revises the regulation to reflect the current statutory periods of war to ensure that eligible veterans engaged in current and future conflicts receive medications prescribed by non-VA physicians when appropriate for their care. Effective Date: This final rule is effective July 16, 2013. FOR FURTHER INFORMATION CONTACT: Kristin Cunningham, Director, Business Policy, Chief Business Office (10NB), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420; (202) 461–1599. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: Under 38 U.S.C. 1712(d), VA is required to furnish prescription drugs and medicine ordered by a duly licensed physician to a veteran as a specific therapy in the treatment of any illness or injury suffered by a veteran who is receiving increased compensation under 38 U.S.C. chapter 11 or increased pension as a veteran of a period of war, by reason of being permanently housebound or in need of regular aid and attendance. VA implemented this authority in 38 CFR 17.96(a)(1), which authorizes VA pharmacies (or non-VA pharmacies in State homes under contract with VA for filling prescriptions for patients in State DATES: PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 42455 homes) to fill prescriptions ordered by duly licensed providers not employed by VA for the cohort of veterans described in the statute. In order to assist in identifying wartime veterans in receipt of increased pension, the language of § 17.96(a)(1) listed those periods of war recognized at the time of its publication, which were the Mexican Border Period, World War I, World War II, the Korean Conflict, or the Vietnam Era. In contrast, the statutory authority for this regulation, 38 U.S.C. 1712(d), refers only to ‘‘a veteran of a period of war,’’ without setting forth specific periods by name. Since this regulation was published, the United States has become engaged in additional conflicts. Because VA does not intend to deny these prescription services to veterans of later periods of war and has not done so, we are revising this regulation. ‘‘Period of war’’ is defined in 38 U.S.C. 101(11) to mean ‘‘the SpanishAmerican War, the Mexican border period, World War I, World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.’’ In order to ensure that our regulation comports with the statutory mandate that VA fill prescriptions for all increased pension recipients who are veterans of a period of war, including current and future periods of war, we are revising § 17.96(a)(1) to cross-reference the statute, rather than list each period of war. We are also revising the authority citation at the end of § 17.96. We are not making any other changes to the text in § 17.96. Administrative Procedure Act The Secretary of Veterans Affairs (Secretary) finds good cause under the provisions of 5 U.S.C. 553(b)(B) to publish this rule without prior opportunity for public comment. This amendment merely revises VA’s regulation to comply with a statutory mandate that VA provide medications prescribed by non-VA providers to increased pension recipients who are veterans who served in wars after Vietnam under the same conditions as those who served in earlier periods of war. Therefore, a prior opportunity for notice and comment is unnecessary. Additionally, for the reason previously stated, the Secretary finds good cause to dispense with the delayed-effective-date requirement of 5 U.S.C. 553(d). E:\FR\FM\16JYR1.SGM 16JYR1 42456 Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules and Regulations Effect of Rulemaking Title 38 of the Code of Federal Regulations, as revised by this final rulemaking, represents VA’s implementation of its legal authority on this subject. Other than future amendments to this regulation or governing statutes, no contrary guidance or procedures on this subject are authorized. All VA guidance must be read to conform with this rulemaking if possible or, if not possible, such guidance is superseded by this rulemaking. Paperwork Reduction Act This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3521). mstockstill on DSK4VPTVN1PROD with RULES 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 will directly affect only VA pharmacies and non-VA pharmacies in State homes under contract with VA for filling prescriptions for their patients. The State homes that are subject to this rulemaking are State government entities under the control of State governments. All State homes are owned, operated and managed by State governments except for a small number that are operated by entities under contract with State governments. These contractors are not small entities. Moreover, the impact of this rulemaking on these entities will be minimal because the rulemaking affects only certain wartime veterans in receipt of pension and merely authorizes VA to provide prescriptions for such veterans. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from the initial and final regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess the 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 effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and VerDate Mar<15>2010 18:29 Jul 15, 2013 Jkt 229001 promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a ‘‘significant regulatory action,’’ requiring review by the Office of Management and Budget (OMB) unless OMB waives such review, as ‘‘any 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 this Executive Order.’’ The economic, interagency, budgetary, legal, and policy implications of this regulatory action have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866. Unfunded Mandates Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance numbers and titles for the programs affected by this final rule are 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; 64.018, Sharing Specialized Medical Resources; 64.019, Veterans Rehabilitation Alcohol and Drug Dependence; and 64.022, Veterans Home Based Primary Care. Frm 00068 Fmt 4700 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. Jose D. Riojas, Interim Chief of Staff, approved this document on July 9, 2013, 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, Medical and dental schools, Medical devices, Medical research, Mental health programs, Nursing homes, Philippines, Veterans. Dated: July 11, 2013. Robert C. McFetridge, Director, Regulation Policy and Management, Office of the General Counsel, Department of Veterans Affairs. For the reasons stated in the preamble, VA amends 38 CFR part 17 as follows: PART 17—MEDICAL 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 the 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 will have no such effect on State, local, and tribal governments, or on the private sector. PO 00000 Signing Authority Sfmt 9990 1. The authority citation for part 17 continues to read as follows: ■ Authority: 38 U.S.C. 501, and as noted in specific sections. 2. Revise § 17.96(a)(1) and the authority citation at the end of the section to read as follows: ■ § 17.96 Medication prescribed by non-VA physicians. * * * * * (a) * * * (1) A veteran who by reason of being permanently housebound or in need of regular aid and attendance is in receipt of increased compensation under 38 U.S.C. chapter 11, or increased pension under § 3.1(u) (Section 306 Pension) or § 3.1(w) (Improved Pension), of this chapter, as a veteran of a period of war as defined by 38 U.S.C. 101(11) (or, although eligible for such pension, is in receipt of compensation as the greater benefit), or * * * * * (Authority 38 U.S.C. 101(11), 1706, 1710, 1712(d)) [FR Doc. 2013–16978 Filed 7–15–13; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\16JYR1.SGM 16JYR1

Agencies

[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Rules and Regulations]
[Pages 42455-42456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16978]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AO77


Medications Prescribed by Non-VA Providers

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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

SUMMARY: The Department of Veterans Affairs (VA) is amending its 
regulation concerning filling prescriptions written by non-VA providers 
for veterans of a period of war who are receiving increased pension 
because they are permanently housebound or in need of aid and 
attendance. This rulemaking revises the regulation to reflect the 
current statutory periods of war to ensure that eligible veterans 
engaged in current and future conflicts receive medications prescribed 
by non-VA physicians when appropriate for their care.

DATES: Effective Date: This final rule is effective July 16, 2013.

FOR FURTHER INFORMATION CONTACT: Kristin Cunningham, Director, Business 
Policy, Chief Business Office (10NB), Veterans Health Administration, 
Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 
20420; (202) 461-1599. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: Under 38 U.S.C. 1712(d), VA is required to 
furnish prescription drugs and medicine ordered by a duly licensed 
physician to a veteran as a specific therapy in the treatment of any 
illness or injury suffered by a veteran who is receiving increased 
compensation under 38 U.S.C. chapter 11 or increased pension as a 
veteran of a period of war, by reason of being permanently housebound 
or in need of regular aid and attendance. VA implemented this authority 
in 38 CFR 17.96(a)(1), which authorizes VA pharmacies (or non-VA 
pharmacies in State homes under contract with VA for filling 
prescriptions for patients in State homes) to fill prescriptions 
ordered by duly licensed providers not employed by VA for the cohort of 
veterans described in the statute. In order to assist in identifying 
wartime veterans in receipt of increased pension, the language of Sec.  
17.96(a)(1) listed those periods of war recognized at the time of its 
publication, which were the Mexican Border Period, World War I, World 
War II, the Korean Conflict, or the Vietnam Era. In contrast, the 
statutory authority for this regulation, 38 U.S.C. 1712(d), refers only 
to ``a veteran of a period of war,'' without setting forth specific 
periods by name. Since this regulation was published, the United States 
has become engaged in additional conflicts. Because VA does not intend 
to deny these prescription services to veterans of later periods of war 
and has not done so, we are revising this regulation.
    ``Period of war'' is defined in 38 U.S.C. 101(11) to mean ``the 
Spanish-American War, the Mexican border period, World War I, World War 
II, the Korean conflict, the Vietnam era, the Persian Gulf War, and the 
period beginning on the date of any future declaration of war by the 
Congress and ending on the date prescribed by Presidential proclamation 
or concurrent resolution of the Congress.'' In order to ensure that our 
regulation comports with the statutory mandate that VA fill 
prescriptions for all increased pension recipients who are veterans of 
a period of war, including current and future periods of war, we are 
revising Sec.  17.96(a)(1) to cross-reference the statute, rather than 
list each period of war. We are also revising the authority citation at 
the end of Sec.  17.96. We are not making any other changes to the text 
in Sec.  17.96.

Administrative Procedure Act

    The Secretary of Veterans Affairs (Secretary) finds good cause 
under the provisions of 5 U.S.C. 553(b)(B) to publish this rule without 
prior opportunity for public comment. This amendment merely revises 
VA's regulation to comply with a statutory mandate that VA provide 
medications prescribed by non-VA providers to increased pension 
recipients who are veterans who served in wars after Vietnam under the 
same conditions as those who served in earlier periods of war. 
Therefore, a prior opportunity for notice and comment is unnecessary. 
Additionally, for the reason previously stated, the Secretary finds 
good cause to dispense with the delayed-effective-date requirement of 5 
U.S.C. 553(d).

[[Page 42456]]

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
final rulemaking, represents VA's implementation of its legal authority 
on this subject. Other than future amendments to this regulation or 
governing statutes, no contrary guidance or procedures on this subject 
are authorized. All VA guidance must be read to conform with this 
rulemaking if possible or, if not possible, such guidance is superseded 
by this rulemaking.

Paperwork Reduction Act

    This final rule contains no provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

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 will directly affect only VA pharmacies and non-VA 
pharmacies in State homes under contract with VA for filling 
prescriptions for their patients. The State homes that are subject to 
this rulemaking are State government entities under the control of 
State governments. All State homes are owned, operated and managed by 
State governments except for a small number that are operated by 
entities under contract with State governments. These contractors are 
not small entities. Moreover, the impact of this rulemaking on these 
entities will be minimal because the rulemaking affects only certain 
wartime veterans in receipt of pension and merely authorizes VA to 
provide prescriptions for such veterans. Therefore, pursuant to 5 
U.S.C. 605(b), this rulemaking is exempt from the initial and final 
regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
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 effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action,'' requiring review by the Office of 
Management and Budget (OMB) unless OMB waives such review, as ``any 
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 this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866.

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 the 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 will have no such effect 
on State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this final rule are 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; 64.018, 
Sharing Specialized Medical Resources; 64.019, Veterans Rehabilitation 
Alcohol and Drug Dependence; and 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. Jose D. 
Riojas, Interim Chief of Staff, approved this document on July 9, 2013, 
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, Medical and 
dental schools, Medical devices, Medical research, Mental health 
programs, Nursing homes, Philippines, Veterans.

    Dated: July 11, 2013.
Robert C. McFetridge,
Director, Regulation Policy and Management, Office of the General 
Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, VA amends 38 CFR part 17 as 
follows:

PART 17--MEDICAL

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  38 U.S.C. 501, and as noted in specific sections.


0
2. Revise Sec.  17.96(a)(1) and the authority citation at the end of 
the section to read as follows:


Sec.  17.96  Medication prescribed by non-VA physicians.

* * * * *
    (a) * * *
    (1) A veteran who by reason of being permanently housebound or in 
need of regular aid and attendance is in receipt of increased 
compensation under 38 U.S.C. chapter 11, or increased pension under 
Sec.  3.1(u) (Section 306 Pension) or Sec.  3.1(w) (Improved Pension), 
of this chapter, as a veteran of a period of war as defined by 38 
U.S.C. 101(11) (or, although eligible for such pension, is in receipt 
of compensation as the greater benefit), or
* * * * *

(Authority 38 U.S.C. 101(11), 1706, 1710, 1712(d))


[FR Doc. 2013-16978 Filed 7-15-13; 8:45 am]
BILLING CODE 8320-01-P