TRICARE Program; Clarification of Benefit Coverage of Durable Equipment and Ordering or Prescribing Durable Equipment; Clarification of Benefit Coverage of Assistive Technology Devices under the Extended Care Health Option Program, 48367-48373 [2013-19153]
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Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules
pay grades of E–4 and below; active
duty dependents of sponsors in pay
grades E–5 and above; and retirees and
their dependents.’’ There is no
enrollment fee for active duty
dependents. The annual enrollment fee
for retirees and their dependents since
the program began was $230 per person
or $460 per family until FY 2012. In FY
2012, the Department of Defense
implemented a modest increase ($2.50
per person or $5.00 per family per
month) in the enrollment fees for
retirees and their dependents to $260
per person or $520 per family, followed
by annual indexing. For FY 2013, the
fee was increased per the National
Defense Authorization Act for FY 2012
using the same Cost of Living
Adjustment (COLA) percentage (3.6%)
used to increase military retired pay.
This increased the fees for FY 2013 to
$269.38 per person or $538.56 per
family.
Although the increases have been
modest, TRICARE intends to exempt
from this increase Survivors of Active
Duty Deceased Sponsors and Medically
Retired Uniformed Services Members
and their Dependents enrolled in Prime.
The enrollment fees for the current
beneficiaries in these categories would
remain at their current rate. The
beneficiaries added to these categories
on or after 10/1/2013 would have their
fee frozen at the rate in effect at the time
they are classified in either category and
enroll in Prime or, if not enrolling, at
the rate in effect at the time of
enrollment. The fee remains frozen as
long as at least one family member
remains enrolled in TRICARE Prime and
there is not a break in enrollment. To
allow this exemption to be
implemented, a change to the regulation
is needed to authorize an exception to
the general rule that the enrollment fees
‘‘shall be uniform’’ for the group of
retirees and their dependents.
(Survivors and medically retired
members are part of the retiree group
under TRICARE rules.) This proposed
rule articulates that change. It provides
that as an exception to the requirement
for uniformity within the group of
retirees and their dependents, the
Assistant Secretary of Defense (Health
Affairs) may exempt Survivors of Active
Duty Deceased Sponsors and Medically
Retired Uniformed Services Members
and their dependents from increases in
enrollment fees that occur on or after
October 1, 2013.
It is the Department’s intent that the
exemption will apply only to the
beneficiaries in the two categories
specified above and only if they enroll
in TRICARE Prime. If a beneficiary in
one of the categories does not enroll in
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Prime, but later elects to enroll, their
rate would be frozen at the rate in effect
at the time of enrollment. If a
beneficiary dis-enrolls from Prime and
later re-enrolls, their rate would be
frozen at the rate in effect at reenrollment. The fee charged for a
dependent of a Medically Retired
Uniformed Services Member would not
change if the dependent was later reclassified a Survivor and remained
enrolled in Prime.
Regulatory Procedures
List of Subjects in 32 CFR Part 199
Claims, Handicapped, Health
insurance, and Military personnel.
Accordingly, 32 CFR part 199 is to be
amended as follows:
PART 199—[AMENDED]
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. Section 199.18 is amended by
adding at the end of paragraph (c)(1) a
new sentence, as follows:
■
Uniform HMO Benefit.
*
*
*
*
*
(c) * * * . (1) * * * As an exception
to the requirement for uniformity within
the group of retirees and their
dependents, the Assistant Secretary of
Defense (Health Affairs) may exempt
Survivors of Active Duty Deceased
Sponsors and Medically Retired
Uniformed Services Members and their
Dependents from increases in
enrollment fees that occur on or after
October 1, 2013.
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Dated: July 29, 2013.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2013–19152 Filed 8–7–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[DOD–2013–HA–0053]
Executive Orders 12866 and 13563
require certain regulatory assessments
for any significant regulatory action that
would result in an annual effect on the
economy of $100 million or more, or
have other substantial impacts. The
Congressional Review Act establishes
certain procedures for major rules,
defined as those with similar major
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 that would have significant
impact on a substantial number of small
entities. This proposed rule will have
none of those effects. Nor does it
establish information collection
requirements under the Paperwork
Reduction Act. Nor for purposes of
Executive Order 13132 does it have
federalism implications affecting States.
§ 199.18
48367
RIN 0720–AB59
TRICARE Program; Clarification of
Benefit Coverage of Durable
Equipment and Ordering or
Prescribing Durable Equipment;
Clarification of Benefit Coverage of
Assistive Technology Devices under
the Extended Care Health Option
Program
Office of the Secretary, DoD.
Proposed rule.
AGENCY:
ACTION:
The Department of Defense
(DoD) proposes several amendments to
the TRICARE regulation. Specifically,
the proposed rule revises the definitions
of durable equipment (DE) and durable
medical equipment (DME) to better
conform the language in the regulation
to the statute and implementing the
statutory requirements will not change
current policies. This rule also adds a
definition of assistive technology (AT)
devices for purposes of benefit coverage
under the TRICARE Extended Care
Health Option (ECHO) Program and
removes the restriction under the
TRICARE Basic Program that limits
ordering or prescribing of DME to only
a physician, to allow certain other
authorized individual professional
providers acting within the scope of
their licensure to order or prescribe
DME.
Finally, the proposed rule
incorporates a policy clarification
relating to luxury, deluxe, or immaterial
features of equipment or devices.
Namely, TRICARE cannot reimburse for
the luxury, deluxe, or immaterial
features of equipment or devices.
However, the TRICARE Management
Activity (TMA) can reimburse for the
base or basic equipment or device that
meet the beneficiary’s needs.
Beneficiaries may pay the provider for
the luxury, deluxe, or immaterial
features themselves, if they desire their
equipment or device to have these
‘‘extra features.’’
DATES: Comments must be received on
or before October 7, 2013. Do not submit
SUMMARY:
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comments directly to the point of
contact or mail your comments to any
address other than what is shown
below. Doing so will delay the posting
of the submission.
ADDRESSES: You may submit comments,
identified by docket number and/or
Regulatory Information Number (RIN)
number and title, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 4800 Mark Center Drive,
2nd floor, East Tower, Suite 02G09,
Alexandria, VA 22350–3100.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the Internet at https://
regulations.gov as they are received
without change, including any personal
identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Gail
L. Jones (303) 676–3401.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
1. Purpose of Regulatory Actions
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a. Need for Regulatory Actions
(1) Benefit Coverage for DE, DME and
Assistive Technology (AT) Devices. The
National Defense Authorization Act for
Fiscal Year 2002 revised the coverage of
DE under TRICARE. Those revisions
resulted in final amendments to the
TRICARE regulation regarding the
TRICARE Basic Program, effective
December 13, 2004, as published in the
Federal Register on October 12, 2004
(69 FR 60547), and regarding the
TRICARE Extended Health Care Option
(ECHO) Program, effective September
20, 2004, as published in the Federal
Register on August 20, 2004 (69 FR
51559). The original implementing
regulations made a potentially
confusing technical distinction between
‘‘DE’’ and ‘‘DME’’; that is, ‘‘DE’’ was
defined as an item that did not qualify
as ‘‘DME’’ that otherwise might be
available under the TRICARE ECHO
Program. This proposed rule provides
clarification by correcting the
definitions and adding a definition of
assistive technology (AT) devices,
which conforms to existing policy
covering devices not otherwise
qualifying as durable equipment.
(2) Ordering and Prescribing DE and
DME. The current regulation in § 199.4
(d)(3)(ii)(A)(1) does not allow coverage
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of DME ordered by a TRICAREauthorized individual professional
provider of care, with the exception of
a doctor of medicine (MD) or a doctor
of osteopathy (DO), even though it is
permitted by his or her licensure.
Specifically, paragraph (d)(3)(ii)(A)(1)
states, ‘‘Subject to the exceptions in
paragraph (d)(3)(ii)(C) of this same
section, only DME which is ordered by
a physician for the specific use of the
beneficiary shall be covered.’’ Paragraph
(d)(1) also states that only a physician
can order DME. This restriction causes
two problems:
• Certain other TRICARE authorized
individual professional providers such
as doctors of podiatric medicine
(DPMs), doctors of optometry (ODs),
doctors of dental surgery (DDSs) and
doctors of dental medicine (DMDs),
certified nurse midwives (CNMs),
certified nurse practitioners (CNPs),
certified registered nurse anesthetists
(CRNAs), and clinical nurse specialists
(CNSs) cannot prescribe DME, even
when acting within the scope of their
licensure.
• Beneficiaries cannot fill a
prescription for DME prescribed by
other non-physician professional
providers, even when they act as a
primary care provider, such as a
certified nurse practitioner.
State governments generally regulate
the licensure and practice of specific
types of health care professionals, and
DoD limits TRICARE benefit coverage to
services and supplies furnished by
otherwise authorized TRICARE
individual professional providers
performing within the scope of their
state licenses or certifications. State
scope of practice laws vary with regard
to the range of services, and some
include the authority to prescribe DME.
After assessing the information
available, DoD has determined that it is
unnecessarily restrictive not to cover DE
(including DME) merely because it is
ordered by a non-physician. Therefore,
the regulation is being amended to
allow TRICARE coverage of DE, except
for cardiorespiratory monitors, when
ordered by a physician or when ordered
by any otherwise authorized nonphysician allied health care
professional, namely, CNMs, CNPs,
CRNAs, and CNSs, and certain other
authorized individual professional
providers, namely DPMs, ODs, DDSs,
and DMDs, when acting within the
scope of their state license or certificate.
b. Legal Authority for the Regulatory
Action
This regulation is proposed under the
authorities of 10 U.S.C. 1073, which
authorizes the Secretary of Defense to
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administer the medical and dental
benefits provided in chapter 55 of title
10, United States Code.
The DoD is authorized to provide DE
under 10 U.S.C. 1077(a)(12), which
benefit is further defined in 10 U.S.C
1077(f)(1) and (2). Although section
1077 defines benefits to be provided in
the military treatment facilities (MTFs),
these benefits are incorporated by
reference for the benefits provided by
healthcare providers in the private
sector to active duty family members
and retirees and their dependents
through sections 1079 and 1086
respectively. DoD is also authorized to
provide a program, generally referred to
as ECHO, for dependents of active duty
members, who have a qualifying
condition under section 1079(d) through
(f). The ECHO Program may include DE
not otherwise available under the
TRICARE Basic Program and AT devices
to assist in the reduction of the
disabling effects of a qualifying
condition.
The DoD is also authorized to cost
share, under section 1079 (a)(13) and
the 32 CFR part 199, any service or
supply that is medically or
psychologically necessary to prevent,
diagnose or treat a mental or physical
illness, injury, or bodily malfunction.
The statute identifies specific categories
of individual professional providers
who may make the diagnosis and
recommend the treatment. Section 199.6
(c)(1)(iii) requires TRICARE-authorized
individual professional providers to
provide medical service and care within
the scope of their licensure and training
consistent with the state practice act, or
within the scope of the test, which was
the basis for the individual’s
certification by the state where the
individual renders the service.
Paragraph (2)(i) of this same section
specifies that an individual must be
currently licensed to render professional
health care services in each state in
which the individual renders services to
CHAMPUS beneficiaries. Such license
is required when a specific state
provides, but does not require, license
for a specific category of individual
professional providers. Under section
199.2(b) of this part, other allied health
professionals are also defined as
‘‘individual professional providers of
care other than physicians, dentists, or
extramedical individual providers.’’
Section 199.2(b) requires, as part of
the definition of ‘‘appropriate medical
care’’ that a TRICARE authorized
individual professional provider
rendering medical care be qualified to
perform such medical services because
of his or her training and education and
is licensed or certified by the state
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where the service is rendered or by an
appropriate national organization, or
otherwise meets CHAMPUS standards.
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2. Summary of Major Provisions of the
Regulatory Action
In this rule, the proposed regulatory
language more appropriately conforms
to that of the statutory language, which
identifies ‘‘DME’’ as a subset of ‘‘DE’’ for
purposes of the TRICARE Basic
Program. Further, the proposed rule
amends the TRICARE regulation on DE
to better conform the language in the
regulation to the TRICARE statute and
clarifies that the policies applicable to
DME (e.g., exclusion of luxury features
and pricing methods) have been and are
applicable to DE.
DoD’s interpretation of the statute and
regulation has been, and continues to
be, that all DE authorized under the
TRICARE Basic Program must be
determined to be medically necessary in
the treatment of an illness, injury or
bodily malfunction before the
equipment can be cost shared by
TRICARE. Therefore, this technical
revision does not change current
policies for coverage of DE.
To clarify that the TRICARE ECHO
Program includes coverage of AT
devices, which do not otherwise qualify
as DE, this proposed rule contains a
definition and specific criteria for
coverage of AT devices for individuals
qualified to receive benefits under the
ECHO Program.
The proposed rule provides that if a
beneficiary wishes to obtain an item of
DE that has deluxe, luxury, or
immaterial features, the beneficiary
shall be responsible for the difference
between the price of the item and the
TRICARE allowable cost for an
otherwise authorized item of DE
without such features.
Finally, this proposed rule
emphasizes that certain other
authorized individual professional
providers who are listed in this rule,
who are legally authorized to practice
by a state, and when they are practicing
within the scope of the license
permitted by the state licensing
authorities, may prescribe or order DE
under the TRICARE Program.
3. Summary of Costs and Benefits
This proposed rule is not anticipated
to have an annual effect on the economy
of $100 million or more, making it a
substantive, non-significant rule under
the Executive Order and the
Congressional Review Act.
The technical revisions for coverage
of DE do not change current policies.
DoD’s interpretation of the statute and
regulation has been, and will continue
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to be, that all equipment authorized
under the TRICARE Basic Program must
be determined to be medically necessary
in the treatment of an illness, injury or
bodily malfunction before the
equipment can be cost shared by
TRICARE. The proposed amendment to
remove the restriction that limits
ordering or prescribing of DME to only
a MD or DO is not expected to increase
the amount of DE and DME prescribed
because other providers are currently
writing prescriptions—it only changes
who prescribes it. However, DoD
anticipates that there may be a marginal
increase in administrative cost to
accommodate changes to definitions.
More importantly, this change will have
no impact on beneficiaries eligible for
DE.
II. Explanation for Proposed Provisions
Overview
DoD is amending 32 CFR part 199 to
specify the following:
§ 199.2 (Definitions)
• ‘‘Duplicate Equipment.’’ AT devices
are subject to the definition of duplicate
equipment.
• ‘‘Durable Equipment (DE).’’ To
clarify that DE may be a covered benefit
under the TRICARE Basic Program,
consistent with 10 U.S.C. 1079 (a) (5)
and 10 U.S.C. 1077(a)(12) and (f), DoD
is revising the definition of DE as ‘‘(1)
a medically necessary item, which can
withstand repeated use; (2) is primarily
and customarily used to serve a medical
purpose; and, (3) is generally not useful
to an individual in the absence of an
illness or injury.’’ It includes DME,
wheelchairs, iron lungs, and hospital
beds.
• ‘‘Durable Medical Equipment
(DME).’’ Consistent with 10 U.S.C.
1079(a)(5) and 10 U.S.C. 1077 (a)(12)
and (f), DoD is revising the definition of
DME as ‘‘DE, which is medically
appropriate to (1) improve, restore, or
maintain the function of a malformed,
diseased, or injured body part, or can
otherwise minimize or prevent the
deterioration of the beneficiary’s
function or condition; or, (2) maximize
the beneficiary’s function consistent
with the beneficiary’s physiological or
medical needs.’’
• ‘‘Assistive Technology (AT)
Devices.’’ AT devices do not treat an
underlying injury, illness or disease, or
their symptoms. However, to clarify that
the TRICARE ECHO Program includes
coverage of AT devices, which do not
otherwise qualify as DE, DoD is adding
a definition of AT devices as
‘‘equipment that generally helps
overcome or remove a disability and is
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48369
used to increase, maintain, or improve
the functional capabilities of an
individual. AT devices may include
non-medical devices but do not include
any structural alterations (e.g.,
wheelchair ramps or alterations to street
curbs) or service animals (e.g., Seeing
Eye dogs, hearing/handicapped
assistance animals, etc.). AT devices are
authorized only under coverage criteria
to assist in the reduction of the
disabling effects of a qualifying
condition for individuals eligible to
receive benefits under the ECHO
program as provided in Section 199.5.’’
§ 199.4 (Basic Program Benefits)
DoD clarifies the following for
purposes of benefit coverage of DE
under the TRICARE Basic Program:
• DE is an authorized benefit when
medically necessary for the treatment of
a covered illness or injury.
• Authorized DE is a benefit when
ordered by certain authorized
individual professional providers listed
in 199.6(c) of this Part for the specific
use of the beneficiary and the
equipment provides the medically
appropriate level of performance and
quality for the beneficiary’s condition.
• Unless otherwise excluded under
the regulation, items authorized
coverage as DE include (1) DME
(including a cardiorespiratory monitor
under certain conditions), (2)
wheelchairs when medically
appropriate to provide basic mobility,
(3) iron lungs, and (4) hospital beds. An
electric wheelchair or a TRICAREapproved alternative to an electric
wheelchair may be used in lieu of a
manual wheelchair when it is medically
indicated and appropriate for the
individual patient.
• An item that provides a medically
appropriate level of performance or
quality for the beneficiary’s condition
does not include luxury, deluxe, or
immaterial items. Only the base or basic
model of equipment shall be covered,
unless any customization of the
equipment owned by the beneficiary, or
an accessory or item of supply for any
DE is essential for (1) Achieving
therapeutic benefit for the beneficiary;
(2) making the equipment serviceable;
or (3) otherwise assuring the proper
functioning of the equipment. If a
beneficiary wishes to obtain an item of
DE that has deluxe, luxury, or
immaterial features, the beneficiary
shall be responsible for the difference
between the price of the item and the
TRICARE allowable cost for an
otherwise authorized item of DE
without such features.
• DE, which otherwise qualifies as a
benefit, is excluded from coverage if (1)
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the beneficiary is a patient in a type of
facility that ordinarily provides the
same type of DE item to its patients at
no additional charge in the usual course
of providing its services; or (2) DE is
available to the beneficiary from a
Uniformed Services Medical Treatment
Facility.
• DE may be provided on a rental or
purchase basis and coverage will be
based on the price most advantageous to
the government under established
procedures.
• Repairs of DE damaged while using
the equipment in a manner inconsistent
with its common use, and replacement
of lost or stolen DE, are excluded from
Basic Program benefits.
• Repairs of deluxe, luxury or
immaterial features of DE are excluded
from Basic Program benefits.
• Wheelchairs may exceed the basic
mobility limitation when needed to
mitigate the effects of the ECHO
qualifying condition of the beneficiary.
• DE may be provided on a rental or
purchase basis and coverage will be
based on the price most advantageous to
the government under the same
procedures established for pricing DE
under the TRICARE Basic Program.
This amendment is published for
proposed rulemaking at the same time it
is coordinated within the DoD, with the
Department of Health and Human
Services, and with other interested
agencies so consideration of both
internal and external comments and
publication of the final rulemaking
document can be expedited.
§ 199.5 (TRICARE Extended Care Health
Option (ECHO)).
DoD clarifies the following for
purposes of benefit coverage of DE and
AT devices under the ECHO Program:
• An AT device is authorized under
certain coverage criteria when necessary
to assist in the reduction of the
disabling effects of a qualifying
condition of the ECHO eligible
beneficiary. For beneficiaries eligible for
an individual education plan (IEP), AT
devices that are recommended as part of
the IEP may be covered.
• For those beneficiaries who cease to
meet the eligibility requirements for an
IEP, AT devices under TRICARE ECHO
Program must:
—Be preauthorized;
—Be prescribed by a TRICARE
authorized provider;
—Assist in the reduction of the
disabling effects of the qualifying
ECHO condition; and
—Be an item or educational learning
device normally included in an IEP.
Further, the item must not be
otherwise covered as a prosthetic,
augmentative communication device, or
a benefit under the TRICARE Basic
Program. The implementing instructions
for this provision will be outlined in the
TRICARE Policy Manual. As with all
aspects of this proposed rule, DoD
invites the public’s comments on our
approach regarding AT devices for those
beneficiaries who cease to be eligible for
an IEP.
• Repairs of DE or AT devices
damaged while using the equipment in
a manner inconsistent with its common
use, and replacement of lost or stolen
DE or AT devices, are excluded from
ECHO coverage.
• Repairs of deluxe, luxury or
immaterial features of DE or AT devices
are excluded from ECHO coverage.
Because of the large number of public
comments generally received on Federal
Register documents, we are not able to
acknowledge or respond to them
individually. We will consider all
comments we receive by the date and
time specified in the DATES specified
section of this preamble, and when we
proceed with a subsequent document,
we will respond to the major comments
in the preamble to that document. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
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III. Response to Comments
IV. Regulatory Procedure
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
It has been determined that this
proposed rule is not a significant
regulatory action. This rule does not:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a section of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribunal 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.
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Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4)
It has been certified that this proposed
rule 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.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
It has been certified that this proposed
rule is not subject to the Regulatory
Flexibility Act (5 U.S.C. 601) because it
would not, if promulgated, have a
significant economic impact on a
substantial number of small entities. Set
forth in the proposed rule are minor
revisions to the existing regulation. The
DoD does not anticipate a significant
impact on the Program.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that this proposed
rule does not impose reporting or
recordkeeping requirements under the
Paperwork Act of 1995.
Executive Order 13132, Federalism
It has been certified that this proposed
rule does not have federalism
implications, as set forth in Executive
Order 13132. This rule does not have
substantial direct effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of Government.
List of Subjects in 32 CFR Part 199
Claims, Dental health, Health care,
Health insurance, Individuals with
disabilities, and Military personnel.
Accordingly, 32 CFR Part 199 is
proposed to be amended as follows:
PART 199—[AMENDED]
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. Section 199.2, paragraph (b) is
amended by adding the definition of
‘‘Assistive Technology Devices’’ and
revising the definitions of ‘‘Duplicate
Equipment,’’ ‘‘Durable Equipment,’’ and
‘‘Durable Medical Equipment’’ to read
as follows:
■
§ 199.2
Definitions.
*
*
*
*
*
(b) * * *
Assistive technology devices.
Equipment that generally does not treat
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an underlying injury, illness, disease or
their symptoms. Assistive technology
devices are authorized only under the
Extended Care Health Option (ECHO).
Assistive technology devices help an
ECHO beneficiary overcome or remove
a disability and are used to increase,
maintain, or improve the functional
capabilities of an individual. Assistive
technology devices may include nonmedical devices but do not include any
structural alterations (e.g., permanent
structure of wheelchair ramps or
alterations to street curbs) service
animals (e.g., Seeing Eye dogs, hearing/
handicapped assistance animals, etc.) or
specialized equipment and devices
whose primary purpose is to enable the
individual to engage in sports or
recreational events. Assistive
technology devices are authorized only
under coverage criteria determined by
the Director, TRICARE Management
Activity to assist in the reduction of the
disabling effects of a qualifying
condition for individuals eligible to
receive benefits under the ECHO
program, as provided in section 199.5.
*
*
*
*
*
Duplicate equipment. An item of
durable equipment, durable medical
equipment, or assistive technology
items, as defined in this section that
serves the same purpose that is served
by an item of durable equipment,
durable medical equipment, or assistive
technology item previously cost-shared
by TRICARE. For example, various
models of stationary oxygen
concentrators with no essential
functional differences are considered
duplicate equipment, whereas
stationary and portable oxygen
concentrators are not considered
duplicates of each other because the
latter is intended to provide the user
with mobility not afforded by the
former. Also, a manual wheelchair and
an electric wheelchair, both of which
otherwise meet the definition of durable
equipment or durable medical
equipment, would not be considered
duplicates of each other if each is found
to provide an appropriate level of
mobility. For the purpose of this Part,
durable equipment, durable medical
equipment, or assistive technology
items that are essential to provide a failsafe in-home life support system or that
replaces in like kind an item of
equipment that is not serviceable due to
normal wear, accidental damage, a
change in the beneficiary’s condition, or
has been declared adulterated by the
U.S. FDA, or is being or has been
recalled by the manufacturer is not
considered duplicate equipment.
Durable equipment. Equipment that—
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(1) Is a medically necessary item,
which can withstand repeated use;
(2) Is primarily and customarily used
to serve a medical purpose; and
(3) Is generally not useful to an
individual in the absence of an illness
or injury.
It includes durable medical equipment
as defined in 199.2 of this part,
wheelchairs, iron lungs, and hospital
beds. It does not include equipment
(including wheel chairs) used or
designed primarily for use in sports or
recreational activities.
Durable medical equipment. Durable
equipment that is medically appropriate
to—
(1) Improve, restore, or maintain the
function of a malformed, diseased, or
injured body part or can otherwise
minimize or prevent the deterioration of
the beneficiary’s function or condition;
or
(2) Maximize the beneficiary’s
function consistent with the
beneficiary’s physiological or medical
needs.
*
*
*
*
*
■ 3. Section 199.4 is amended by
revising paragraphs (a)(1)(i), (d)(1),
(d)(3)(ii), and (g)(43) to read as follows:
§ 199.4
Basic program benefits.
(a) * * *
(1)(i) Scope of benefits. Subject to all
applicable definitions, conditions,
limitations, or exclusions specified in
this part, the CHAMPUS Basic Program
will cost share medically necessary
services and supplies required in the
diagnosis and treatment of illness or
injury, including maternity care and
well-baby care. Benefits include
specified medical services and supplies
provided to eligible beneficiaries from
authorized civilian sources such as
hospitals, other authorized institutional
providers, physicians, other authorized
individual professional providers, and
professional ambulance services,
prescription drugs, authorized medical
supplies, and rental or purchase of
durable equipment.
*
*
*
*
*
(d) Other benefits—(1) General.
Benefits may be extended for the
allowable charge of those other covered
services and supplies described in
paragraph (d) of this section, which are
provided in accordance with good
medical practice and established
standards of quality by those other
authorized providers described in Sec.
199.6 of this Regulation. Such benefits
are subject to all applicable definitions,
conditions, limitations, or exclusions as
otherwise may be set forth in this or
other chapters of this Regulation. To be
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48371
considered for benefits under paragraph
(d) of this section, the described services
or supplies must be prescribed and
ordered by a physician. Other
authorized individual professional
providers acting within their scope of
licensure may also prescribe and order
these services and supplies unless
otherwise specified in paragraph (d) of
this section.
*
*
*
*
*
(3) * * *
(ii) Durable equipment—(A) Scope of
benefit. (1) Durable equipment, which is
for the specific use of the beneficiary
and is ordered by an authorized
individual professional provider listed
in 199.6 (c) of this Part, acting within
his or her scope of licensure shall be
covered if the durable equipment meets
the definition in section 199.2 and—
(i) Provides the medically appropriate
level of performance and quality for the
medical condition present and
(ii) Is not otherwise excluded by this
Regulation.
(2) Items that may be provided to a
beneficiary as durable equipment
include:
(i) Durable medical equipment as
defined in section 199.2;
(ii) Wheelchairs. A wheelchair, which
is medically appropriate to provide
basic mobility, including reasonable
additional costs for medically
appropriate modifications to
accommodate a particular physiological
or medical need, may be covered as
durable equipment. An electric
wheelchair, or TRICARE approved
alternative to an electric wheelchair
(e.g., scooter) may be provided in lieu of
a manual wheelchair when it is
medically indicated and appropriate to
provide basic mobility. Luxury or
deluxe wheelchairs, as described in
paragraph (3) below, include features
beyond those required for basic mobility
of a particular beneficiary are not
authorized.
(iii) Iron lungs.
(iv) Hospital beds.
(v) Cardiorespiratory monitors under
conditions specified in paragraph
(d)(3)(ii)(B) of this section.
(3) Whether a prescribed item of
durable equipment provides the
medically appropriate level of
performance and quality for the
beneficiary’s condition must be
supported by adequate documentation.
Luxury, deluxe, immaterial, or nonessential features, which increase the
cost of the item relative to a similar item
without those features, based on
industry standards for a particular item
at the time the equipment is prescribed
or replaced for a beneficiary, are not
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authorized. Only the ‘‘base’’ or ‘‘basic’’
model of equipment (or more costeffective alternative equipment) shall be
covered, unless customization of the
equipment, or any accessory or item of
supply for any durable equipment, is
essential, as determined by the Director
(or designee), for—
(i) Achieving therapeutic benefit for
the patient;
(ii) Making the equipment serviceable;
or
(iii) Otherwise assuring the proper
functioning of the equipment.
*
*
*
*
*
(B) * * *
(C) Exclusions. Durable equipment,
which is otherwise qualified as a benefit
is excluded from coverage under the
following circumstances:
(1) Durable equipment for a
beneficiary who is a patient in a type of
facility that ordinarily provides the
same type of durable equipment item to
its patients at no additional charge in
the usual course of providing its
services.
(2) Durable equipment, which is
available to the beneficiary from a
Uniformed Services Medical Treatment
Facility.
(D) Basis for Reimbursement. (1)
Durable equipment may be provided on
a rental or purchase basis. Coverage of
durable equipment will be based on the
price most advantageous to the
government taking into consideration
the anticipated duration of the
medically necessary need for the
equipment and current price
information for the type of item. The
cost analysis must include comparison
of the total price of the item as a
monthly rental charge, a lease-purchase
price, and a lump-sum purchase price
and a provision for the time value of
money at the rate determined by the
U.S. Department of Treasury. If a
beneficiary wishes to obtain an item of
durable equipment with deluxe, luxury,
immaterial or non-essential features, the
beneficiary may agree to accept
TRICARE coverage limited to the
allowable amount that would have
otherwise been authorized for a similar
item without those features. In that case,
the TRICARE coverage is based upon
the allowable amount for the kind of
durable equipment normally used to
meet the intended purpose (i.e., the
standard item least costly). The provider
shall not hold the beneficiary liable for
deluxe, luxury, immaterial, or nonessential features that cannot be
considered in determining the TRICARE
allowable costs. However, the
beneficiary shall be held liable if the
provider has a specific agreement in
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writing from the beneficiary (or his or
her representative) accepting liability
for the itemized difference in costs of
the durable equipment with deluxe,
luxury, or immaterial features and the
TRICARE allowable costs for an
otherwise authorized item without such
features.
(2) In general, repairs of beneficiary
owned durable equipment are covered
when necessary to make the equipment
serviceable and replacement of durable
equipment is allowed when the durable
equipment is not serviceable because of
normal wear, accidental damage or
when necessitated by a change in the
beneficiary’s condition. However,
repairs of durable equipment damaged
while using the equipment in a manner
inconsistent with its common use, and
replacement of lost or stolen durable
equipment, are excluded from coverage.
In addition, repairs of deluxe, luxury, or
immaterial features of durable
equipment are excluded from coverage.
*
*
*
*
*
(g) * * *
(43) Exercise/relaxation/comfort/
sporting items or sporting devices.
Exercise equipment, to include items
primarily and customarily designed for
use in sports or recreational activities,
spas, whirlpools, hot tubs, swimming
pools health club memberships or other
such charges or items.
*
*
*
*
*
■ 4. Section 199.5 is amended by
revising paragraphs (c)(2), (c)(3),
(c)(8)(ii), and (c)(8)(iii), (d)(3), (d)(7),
(d)(7)(i), (d)(7)(iv), and (d)(8), (g)(2)(i),
(g)(2)(ii), and adding new paragraphs
(d)(7)(v) and (h)(4) to read as follows:
§ 199.5 TRICARE extended care health
option (ECHO).
*
*
*
*
*
(c) * * *
(2) Medical, habilitative, rehabilitative
services and supplies, durable
equipment and assistive technology
(AT) devices that assist in the reduction
of the disabling effects of a qualifying
condition. Benefits shall be provided in
the beneficiary’s home or other
environment, as appropriate. An AT
device may be covered only if it is
recommended in a beneficiary’s
Individual Educational Program (IEP)
or, if the beneficiary is not eligible for
an IEP, the AT device is an item or
educational learning device normally
included in an IEP and is preauthorized
under ECHO as an integral component
of the beneficiary’s individual
comprehensive health care services plan
(including rehabilitation) as prescribed
by a TRICARE authorized provider.
(i) An AT device may be covered
under ECHO only if it is not otherwise
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Fmt 4702
Sfmt 4702
covered by TRICARE as durable
equipment, a prosthetic, augmentation
communication device, or other benefit
under section 199.4 of this title.
(ii) An AT device may include an
educational learning device directly
related to the beneficiary’s qualifying
condition when recommended by an
IEP and not otherwise provided by State
or local government programs. If an
individual is not eligible for an IEP, an
educational learning device normally
included in an IEP may be authorized as
if directly related to the beneficiary’s
qualifying condition and prescribed by
a TRICARE authorized provider as part
of the beneficiary’s individual
comprehensive health care services
plan.
(iii) Electronic learning devices may
include the hardware and software as
appropriate. The Director, TMA shall
determine the types and (or) platforms
of electronic devices and the
replacement lifecycle of the hardware
and its supporting software. All
upgrades or replacements shall require
a recommendation from the individual’s
IEP or the individual’s comprehensive
health care services plan.
(iv) Duplicative or redundant
hardware platforms are not authorized.
Note: When one or more electronic
platforms such as a desktop computer,
laptop, notebook or tablet can perform the
same functions in relation to the teaching or
educational objective directly related to the
qualifying condition, it is the intent of this
provision to allow only one electronic
platform that may be chosen by the
beneficiary. Duplicative or redundant
platforms are not allowed; however, a second
platform may be obtained, if the individual’s
IEP recommends one platform such as a
computer for the majority of the learning
objectives, but there exists another objective,
which cannot be performed on that platform.
In these limited circumstances, the
beneficiary may submit a request with the
above justification to the Director, TMA, who
may authorize a second device.
(v) AT devices damaged through
improper use of the device as well as
lost or stolen devices may not be
replaced until the device would next be
eligible for a lifecycle replacement.
(vi) AT devices do not include
equipment or devices whose primary
purpose is to assist the individual to
engage in sports or recreational
activities.
*
*
*
*
*
(8) * * *
(ii) Equipment adaptation. The
allowable equipment and an AT device
purchase shall include such services
and modifications to the equipment as
necessary to make the equipment
useable for a particular ECHO
beneficiary.
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(iii) Equipment maintenance.
Reasonable repairs and maintenance of
beneficiary owned or rented DE or AT
devices provided by this section shall be
allowed while a beneficiary is registered
in the ECHO Program. Repairs of DE
and/or AT devices damaged while using
the item in a manner inconsistent with
its common use, and replacement of lost
or stolen DE and/or AT devices, are not
authorized coverage as an ECHO benefit.
In addition, repairs and maintenance of
deluxe, luxury, or immaterial features of
DE or AT devices are not authorized
coverage as an ECHO benefit.
(d) * * *
(3) Structural alterations. Alterations
to living space and permanent fixtures
attached thereto, including alterations
necessary to accommodate installation
of equipment or AT devices to facilitate
entrance or exit, are excluded.
*
*
*
*
*
(7) Equipment. Purchase or rental of
DE and AT devices otherwise allowed
by this section is excluded when:
(i) The beneficiary is a patient in an
institution or facility that ordinarily
provides the same type of equipment or
AT devices to its patients at no
additional charge in the usual course of
providing services; or
(ii) * * *
(iii) * * *
(iv) The item is a duplicate DE or an
AT device, as defined in section 199.2
of this title.
(v) The item (or charge for access to
such item through health club
membership or other activity) is
exercise equipment including an item
primarily and customarily designed for
use in sports or recreational activities,
spa, whirlpool, hot tub, swimming pool,
an electronic device used to locate or
monitor the location of a beneficiary, or
other similar item or charge.
(8) Maintenance agreements.
Maintenance agreements for beneficiary
owned or rented equipment or AT
device are excluded.
*
*
*
*
*
(g) * * *
(2) Equipment. (i) The TRICARE
allowable amount for DE or AT devices
shall be calculated in the same manner
as DME allowable through section 199.4
of this title, and accrues to the fiscal
year benefit limit specified in paragraph
(f)(3) of this section.
(ii) Cost-share. A cost-share, as
provided by paragraph (f)(2) of this
section, is required for each month in
which equipment or an AT device is
purchased under this section. However,
in no month shall a sponsor be required
to pay more than one cost-share
regardless of the number of benefits the
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sponsor’s dependents received under
this section.
*
*
*
*
*
(h) * * *
(4) Repair or maintenance of DE
owned by the beneficiary or an AT
device is exempt from the public
facility-use certification requirements.
*
*
*
*
*
Dated: July 29, 2013.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2013–19153 Filed 8–7–13; 8:45 am]
BILLING CODE 5001–06–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2007–0356; FRL–9842–5]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Victoria County; 1997 8-Hour Ozone
Section 110 (a)(1) Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
revisions to the Texas State
Implementation Plan (SIP). The revision
consists of a maintenance plan for
Victoria County developed to ensure
continued attainment of the 1997 8-hour
ozone National Ambient Air Quality
Standard (NAAQS) for 10 years after the
effective designation date of June 15,
2004. The Maintenance Plan meets the
requirements of Section 110(a)(1) of the
Federal Clean Air Act (CAA), EPA’s
rules, and is consistent with EPA’s
guidance. EPA is approving the
revisions pursuant to section 110 of the
CAA.
DATES: Written comments should be
received on or before September 9,
2013.
SUMMARY:
Comments may be mailed to
Mr. Guy Donaldson, Chief, Air Planning
Section (6PD–L), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas, 75202–2733.
Comments may also be submitted
electronically or through hand delivery/
courier by following the detailed
instructions in the ADDRESSES section of
the direct final rule located in the rules
section of this Federal Register.
FOR FURTHER INFORMATION CONTACT:
Kenneth W. Boyce, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
ADDRESSES:
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48373
telephone (214) 665–7259; fax number
214–665–7263; email address
boyce.kenneth@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action rule,
no further activity is contemplated. If
EPA receives adverse comments, the
direct final rule will be withdrawn and
all public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
For additional information, see the
direct final rule which is located in the
rules section of this Federal Register.
Dated: July 19, 2013.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2013–18883 Filed 8–7–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0058; FRL–9841–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Update of the Motor
Vehicle Emissions Budgets for the
Lancaster 1997 8-Hour Ozone
Maintenance Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
revisions to the Commonwealth of
Pennsylvania’s (Pennsylvania) State
Implementation Plan (SIP). One revision
consists of an update to the SIPapproved Motor Vehicle Emissions
Budgets (MVEBs) for nitrogen oxides
(NOX) and volatile organic compounds
(VOCs) for the 1997 8-Hour Ozone
National Ambient Air Quality Standard
SUMMARY:
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Agencies
[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Proposed Rules]
[Pages 48367-48373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19153]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[DOD-2013-HA-0053]
RIN 0720-AB59
TRICARE Program; Clarification of Benefit Coverage of Durable
Equipment and Ordering or Prescribing Durable Equipment; Clarification
of Benefit Coverage of Assistive Technology Devices under the Extended
Care Health Option Program
AGENCY: Office of the Secretary, DoD.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Defense (DoD) proposes several amendments to
the TRICARE regulation. Specifically, the proposed rule revises the
definitions of durable equipment (DE) and durable medical equipment
(DME) to better conform the language in the regulation to the statute
and implementing the statutory requirements will not change current
policies. This rule also adds a definition of assistive technology (AT)
devices for purposes of benefit coverage under the TRICARE Extended
Care Health Option (ECHO) Program and removes the restriction under the
TRICARE Basic Program that limits ordering or prescribing of DME to
only a physician, to allow certain other authorized individual
professional providers acting within the scope of their licensure to
order or prescribe DME.
Finally, the proposed rule incorporates a policy clarification
relating to luxury, deluxe, or immaterial features of equipment or
devices. Namely, TRICARE cannot reimburse for the luxury, deluxe, or
immaterial features of equipment or devices. However, the TRICARE
Management Activity (TMA) can reimburse for the base or basic equipment
or device that meet the beneficiary's needs. Beneficiaries may pay the
provider for the luxury, deluxe, or immaterial features themselves, if
they desire their equipment or device to have these ``extra features.''
DATES: Comments must be received on or before October 7, 2013. Do not
submit
[[Page 48368]]
comments directly to the point of contact or mail your comments to any
address other than what is shown below. Doing so will delay the posting
of the submission.
ADDRESSES: You may submit comments, identified by docket number and/or
Regulatory Information Number (RIN) number and title, by any of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 4800 Mark
Center Drive, 2nd floor, East Tower, Suite 02G09, Alexandria, VA 22350-
3100.
Instructions: All submissions received must include the agency name
and docket number or RIN for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
Internet at https://regulations.gov as they are received without change,
including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Gail L. Jones (303) 676-3401.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
1. Purpose of Regulatory Actions
a. Need for Regulatory Actions
(1) Benefit Coverage for DE, DME and Assistive Technology (AT)
Devices. The National Defense Authorization Act for Fiscal Year 2002
revised the coverage of DE under TRICARE. Those revisions resulted in
final amendments to the TRICARE regulation regarding the TRICARE Basic
Program, effective December 13, 2004, as published in the Federal
Register on October 12, 2004 (69 FR 60547), and regarding the TRICARE
Extended Health Care Option (ECHO) Program, effective September 20,
2004, as published in the Federal Register on August 20, 2004 (69 FR
51559). The original implementing regulations made a potentially
confusing technical distinction between ``DE'' and ``DME''; that is,
``DE'' was defined as an item that did not qualify as ``DME'' that
otherwise might be available under the TRICARE ECHO Program. This
proposed rule provides clarification by correcting the definitions and
adding a definition of assistive technology (AT) devices, which
conforms to existing policy covering devices not otherwise qualifying
as durable equipment.
(2) Ordering and Prescribing DE and DME. The current regulation in
Sec. 199.4 (d)(3)(ii)(A)(1) does not allow coverage of DME ordered by
a TRICARE-authorized individual professional provider of care, with the
exception of a doctor of medicine (MD) or a doctor of osteopathy (DO),
even though it is permitted by his or her licensure. Specifically,
paragraph (d)(3)(ii)(A)(1) states, ``Subject to the exceptions in
paragraph (d)(3)(ii)(C) of this same section, only DME which is ordered
by a physician for the specific use of the beneficiary shall be
covered.'' Paragraph (d)(1) also states that only a physician can order
DME. This restriction causes two problems:
Certain other TRICARE authorized individual professional
providers such as doctors of podiatric medicine (DPMs), doctors of
optometry (ODs), doctors of dental surgery (DDSs) and doctors of dental
medicine (DMDs), certified nurse midwives (CNMs), certified nurse
practitioners (CNPs), certified registered nurse anesthetists (CRNAs),
and clinical nurse specialists (CNSs) cannot prescribe DME, even when
acting within the scope of their licensure.
Beneficiaries cannot fill a prescription for DME
prescribed by other non-physician professional providers, even when
they act as a primary care provider, such as a certified nurse
practitioner.
State governments generally regulate the licensure and practice of
specific types of health care professionals, and DoD limits TRICARE
benefit coverage to services and supplies furnished by otherwise
authorized TRICARE individual professional providers performing within
the scope of their state licenses or certifications. State scope of
practice laws vary with regard to the range of services, and some
include the authority to prescribe DME. After assessing the information
available, DoD has determined that it is unnecessarily restrictive not
to cover DE (including DME) merely because it is ordered by a non-
physician. Therefore, the regulation is being amended to allow TRICARE
coverage of DE, except for cardiorespiratory monitors, when ordered by
a physician or when ordered by any otherwise authorized non-physician
allied health care professional, namely, CNMs, CNPs, CRNAs, and CNSs,
and certain other authorized individual professional providers, namely
DPMs, ODs, DDSs, and DMDs, when acting within the scope of their state
license or certificate.
b. Legal Authority for the Regulatory Action
This regulation is proposed under the authorities of 10 U.S.C.
1073, which authorizes the Secretary of Defense to administer the
medical and dental benefits provided in chapter 55 of title 10, United
States Code.
The DoD is authorized to provide DE under 10 U.S.C. 1077(a)(12),
which benefit is further defined in 10 U.S.C 1077(f)(1) and (2).
Although section 1077 defines benefits to be provided in the military
treatment facilities (MTFs), these benefits are incorporated by
reference for the benefits provided by healthcare providers in the
private sector to active duty family members and retirees and their
dependents through sections 1079 and 1086 respectively. DoD is also
authorized to provide a program, generally referred to as ECHO, for
dependents of active duty members, who have a qualifying condition
under section 1079(d) through (f). The ECHO Program may include DE not
otherwise available under the TRICARE Basic Program and AT devices to
assist in the reduction of the disabling effects of a qualifying
condition.
The DoD is also authorized to cost share, under section 1079
(a)(13) and the 32 CFR part 199, any service or supply that is
medically or psychologically necessary to prevent, diagnose or treat a
mental or physical illness, injury, or bodily malfunction. The statute
identifies specific categories of individual professional providers who
may make the diagnosis and recommend the treatment. Section 199.6
(c)(1)(iii) requires TRICARE-authorized individual professional
providers to provide medical service and care within the scope of their
licensure and training consistent with the state practice act, or
within the scope of the test, which was the basis for the individual's
certification by the state where the individual renders the service.
Paragraph (2)(i) of this same section specifies that an individual must
be currently licensed to render professional health care services in
each state in which the individual renders services to CHAMPUS
beneficiaries. Such license is required when a specific state provides,
but does not require, license for a specific category of individual
professional providers. Under section 199.2(b) of this part, other
allied health professionals are also defined as ``individual
professional providers of care other than physicians, dentists, or
extramedical individual providers.''
Section 199.2(b) requires, as part of the definition of
``appropriate medical care'' that a TRICARE authorized individual
professional provider rendering medical care be qualified to perform
such medical services because of his or her training and education and
is licensed or certified by the state
[[Page 48369]]
where the service is rendered or by an appropriate national
organization, or otherwise meets CHAMPUS standards.
2. Summary of Major Provisions of the Regulatory Action
In this rule, the proposed regulatory language more appropriately
conforms to that of the statutory language, which identifies ``DME'' as
a subset of ``DE'' for purposes of the TRICARE Basic Program. Further,
the proposed rule amends the TRICARE regulation on DE to better conform
the language in the regulation to the TRICARE statute and clarifies
that the policies applicable to DME (e.g., exclusion of luxury features
and pricing methods) have been and are applicable to DE.
DoD's interpretation of the statute and regulation has been, and
continues to be, that all DE authorized under the TRICARE Basic Program
must be determined to be medically necessary in the treatment of an
illness, injury or bodily malfunction before the equipment can be cost
shared by TRICARE. Therefore, this technical revision does not change
current policies for coverage of DE.
To clarify that the TRICARE ECHO Program includes coverage of AT
devices, which do not otherwise qualify as DE, this proposed rule
contains a definition and specific criteria for coverage of AT devices
for individuals qualified to receive benefits under the ECHO Program.
The proposed rule provides that if a beneficiary wishes to obtain
an item of DE that has deluxe, luxury, or immaterial features, the
beneficiary shall be responsible for the difference between the price
of the item and the TRICARE allowable cost for an otherwise authorized
item of DE without such features.
Finally, this proposed rule emphasizes that certain other
authorized individual professional providers who are listed in this
rule, who are legally authorized to practice by a state, and when they
are practicing within the scope of the license permitted by the state
licensing authorities, may prescribe or order DE under the TRICARE
Program.
3. Summary of Costs and Benefits
This proposed rule is not anticipated to have an annual effect on
the economy of $100 million or more, making it a substantive, non-
significant rule under the Executive Order and the Congressional Review
Act.
The technical revisions for coverage of DE do not change current
policies. DoD's interpretation of the statute and regulation has been,
and will continue to be, that all equipment authorized under the
TRICARE Basic Program must be determined to be medically necessary in
the treatment of an illness, injury or bodily malfunction before the
equipment can be cost shared by TRICARE. The proposed amendment to
remove the restriction that limits ordering or prescribing of DME to
only a MD or DO is not expected to increase the amount of DE and DME
prescribed because other providers are currently writing
prescriptions--it only changes who prescribes it. However, DoD
anticipates that there may be a marginal increase in administrative
cost to accommodate changes to definitions. More importantly, this
change will have no impact on beneficiaries eligible for DE.
II. Explanation for Proposed Provisions
Overview
DoD is amending 32 CFR part 199 to specify the following:
Sec. 199.2 (Definitions)
``Duplicate Equipment.'' AT devices are subject to the
definition of duplicate equipment.
``Durable Equipment (DE).'' To clarify that DE may be a
covered benefit under the TRICARE Basic Program, consistent with 10
U.S.C. 1079 (a) (5) and 10 U.S.C. 1077(a)(12) and (f), DoD is revising
the definition of DE as ``(1) a medically necessary item, which can
withstand repeated use; (2) is primarily and customarily used to serve
a medical purpose; and, (3) is generally not useful to an individual in
the absence of an illness or injury.'' It includes DME, wheelchairs,
iron lungs, and hospital beds.
``Durable Medical Equipment (DME).'' Consistent with 10
U.S.C. 1079(a)(5) and 10 U.S.C. 1077 (a)(12) and (f), DoD is revising
the definition of DME as ``DE, which is medically appropriate to (1)
improve, restore, or maintain the function of a malformed, diseased, or
injured body part, or can otherwise minimize or prevent the
deterioration of the beneficiary's function or condition; or, (2)
maximize the beneficiary's function consistent with the beneficiary's
physiological or medical needs.''
``Assistive Technology (AT) Devices.'' AT devices do not
treat an underlying injury, illness or disease, or their symptoms.
However, to clarify that the TRICARE ECHO Program includes coverage of
AT devices, which do not otherwise qualify as DE, DoD is adding a
definition of AT devices as ``equipment that generally helps overcome
or remove a disability and is used to increase, maintain, or improve
the functional capabilities of an individual. AT devices may include
non-medical devices but do not include any structural alterations
(e.g., wheelchair ramps or alterations to street curbs) or service
animals (e.g., Seeing Eye dogs, hearing/handicapped assistance animals,
etc.). AT devices are authorized only under coverage criteria to assist
in the reduction of the disabling effects of a qualifying condition for
individuals eligible to receive benefits under the ECHO program as
provided in Section 199.5.''
Sec. 199.4 (Basic Program Benefits)
DoD clarifies the following for purposes of benefit coverage of DE
under the TRICARE Basic Program:
DE is an authorized benefit when medically necessary for
the treatment of a covered illness or injury.
Authorized DE is a benefit when ordered by certain
authorized individual professional providers listed in 199.6(c) of this
Part for the specific use of the beneficiary and the equipment provides
the medically appropriate level of performance and quality for the
beneficiary's condition.
Unless otherwise excluded under the regulation, items
authorized coverage as DE include (1) DME (including a
cardiorespiratory monitor under certain conditions), (2) wheelchairs
when medically appropriate to provide basic mobility, (3) iron lungs,
and (4) hospital beds. An electric wheelchair or a TRICARE-approved
alternative to an electric wheelchair may be used in lieu of a manual
wheelchair when it is medically indicated and appropriate for the
individual patient.
An item that provides a medically appropriate level of
performance or quality for the beneficiary's condition does not include
luxury, deluxe, or immaterial items. Only the base or basic model of
equipment shall be covered, unless any customization of the equipment
owned by the beneficiary, or an accessory or item of supply for any DE
is essential for (1) Achieving therapeutic benefit for the beneficiary;
(2) making the equipment serviceable; or (3) otherwise assuring the
proper functioning of the equipment. If a beneficiary wishes to obtain
an item of DE that has deluxe, luxury, or immaterial features, the
beneficiary shall be responsible for the difference between the price
of the item and the TRICARE allowable cost for an otherwise authorized
item of DE without such features.
DE, which otherwise qualifies as a benefit, is excluded
from coverage if (1)
[[Page 48370]]
the beneficiary is a patient in a type of facility that ordinarily
provides the same type of DE item to its patients at no additional
charge in the usual course of providing its services; or (2) DE is
available to the beneficiary from a Uniformed Services Medical
Treatment Facility.
DE may be provided on a rental or purchase basis and
coverage will be based on the price most advantageous to the government
under established procedures.
Repairs of DE damaged while using the equipment in a
manner inconsistent with its common use, and replacement of lost or
stolen DE, are excluded from Basic Program benefits.
Repairs of deluxe, luxury or immaterial features of DE are
excluded from Basic Program benefits.
Sec. 199.5 (TRICARE Extended Care Health Option (ECHO)).
DoD clarifies the following for purposes of benefit coverage of DE
and AT devices under the ECHO Program:
An AT device is authorized under certain coverage criteria
when necessary to assist in the reduction of the disabling effects of a
qualifying condition of the ECHO eligible beneficiary. For
beneficiaries eligible for an individual education plan (IEP), AT
devices that are recommended as part of the IEP may be covered.
For those beneficiaries who cease to meet the eligibility
requirements for an IEP, AT devices under TRICARE ECHO Program must:
--Be preauthorized;
--Be prescribed by a TRICARE authorized provider;
--Assist in the reduction of the disabling effects of the qualifying
ECHO condition; and
--Be an item or educational learning device normally included in an
IEP.
Further, the item must not be otherwise covered as a prosthetic,
augmentative communication device, or a benefit under the TRICARE Basic
Program. The implementing instructions for this provision will be
outlined in the TRICARE Policy Manual. As with all aspects of this
proposed rule, DoD invites the public's comments on our approach
regarding AT devices for those beneficiaries who cease to be eligible
for an IEP.
Repairs of DE or AT devices damaged while using the
equipment in a manner inconsistent with its common use, and replacement
of lost or stolen DE or AT devices, are excluded from ECHO coverage.
Repairs of deluxe, luxury or immaterial features of DE or
AT devices are excluded from ECHO coverage.
Wheelchairs may exceed the basic mobility limitation when
needed to mitigate the effects of the ECHO qualifying condition of the
beneficiary.
DE may be provided on a rental or purchase basis and
coverage will be based on the price most advantageous to the government
under the same procedures established for pricing DE under the TRICARE
Basic Program.
This amendment is published for proposed rulemaking at the same
time it is coordinated within the DoD, with the Department of Health
and Human Services, and with other interested agencies so consideration
of both internal and external comments and publication of the final
rulemaking document can be expedited.
III. Response to Comments
Because of the large number of public comments generally received
on Federal Register documents, we are not able to acknowledge or
respond to them individually. We will consider all comments we receive
by the date and time specified in the DATES specified section of this
preamble, and when we proceed with a subsequent document, we will
respond to the major comments in the preamble to that document. We will
make all submissions from organizations or businesses, and from
individuals identifying themselves as representatives or officials of
organizations or businesses, available for public inspection in their
entirety.
IV. Regulatory Procedure
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
It has been determined that this proposed rule is not a significant
regulatory action. This rule does not:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribunal 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.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified that this proposed rule 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.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that this proposed rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. Set forth in the proposed rule are minor revisions
to the existing regulation. The DoD does not anticipate a significant
impact on the Program.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that this proposed rule does not impose
reporting or recordkeeping requirements under the Paperwork Act of
1995.
Executive Order 13132, Federalism
It has been certified that this proposed rule does not have
federalism implications, as set forth in Executive Order 13132. This
rule does not have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of Government.
List of Subjects in 32 CFR Part 199
Claims, Dental health, Health care, Health insurance, Individuals
with disabilities, and Military personnel.
Accordingly, 32 CFR Part 199 is proposed to be amended as follows:
PART 199--[AMENDED]
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. Section 199.2, paragraph (b) is amended by adding the definition of
``Assistive Technology Devices'' and revising the definitions of
``Duplicate Equipment,'' ``Durable Equipment,'' and ``Durable Medical
Equipment'' to read as follows:
Sec. 199.2 Definitions.
* * * * *
(b) * * *
Assistive technology devices. Equipment that generally does not
treat
[[Page 48371]]
an underlying injury, illness, disease or their symptoms. Assistive
technology devices are authorized only under the Extended Care Health
Option (ECHO). Assistive technology devices help an ECHO beneficiary
overcome or remove a disability and are used to increase, maintain, or
improve the functional capabilities of an individual. Assistive
technology devices may include non-medical devices but do not include
any structural alterations (e.g., permanent structure of wheelchair
ramps or alterations to street curbs) service animals (e.g., Seeing Eye
dogs, hearing/handicapped assistance animals, etc.) or specialized
equipment and devices whose primary purpose is to enable the individual
to engage in sports or recreational events. Assistive technology
devices are authorized only under coverage criteria determined by the
Director, TRICARE Management Activity to assist in the reduction of the
disabling effects of a qualifying condition for individuals eligible to
receive benefits under the ECHO program, as provided in section 199.5.
* * * * *
Duplicate equipment. An item of durable equipment, durable medical
equipment, or assistive technology items, as defined in this section
that serves the same purpose that is served by an item of durable
equipment, durable medical equipment, or assistive technology item
previously cost-shared by TRICARE. For example, various models of
stationary oxygen concentrators with no essential functional
differences are considered duplicate equipment, whereas stationary and
portable oxygen concentrators are not considered duplicates of each
other because the latter is intended to provide the user with mobility
not afforded by the former. Also, a manual wheelchair and an electric
wheelchair, both of which otherwise meet the definition of durable
equipment or durable medical equipment, would not be considered
duplicates of each other if each is found to provide an appropriate
level of mobility. For the purpose of this Part, durable equipment,
durable medical equipment, or assistive technology items that are
essential to provide a fail-safe in-home life support system or that
replaces in like kind an item of equipment that is not serviceable due
to normal wear, accidental damage, a change in the beneficiary's
condition, or has been declared adulterated by the U.S. FDA, or is
being or has been recalled by the manufacturer is not considered
duplicate equipment.
Durable equipment. Equipment that--
(1) Is a medically necessary item, which can withstand repeated
use;
(2) Is primarily and customarily used to serve a medical purpose;
and
(3) Is generally not useful to an individual in the absence of an
illness or injury.
It includes durable medical equipment as defined in 199.2 of this part,
wheelchairs, iron lungs, and hospital beds. It does not include
equipment (including wheel chairs) used or designed primarily for use
in sports or recreational activities.
Durable medical equipment. Durable equipment that is medically
appropriate to--
(1) Improve, restore, or maintain the function of a malformed,
diseased, or injured body part or can otherwise minimize or prevent the
deterioration of the beneficiary's function or condition; or
(2) Maximize the beneficiary's function consistent with the
beneficiary's physiological or medical needs.
* * * * *
0
3. Section 199.4 is amended by revising paragraphs (a)(1)(i), (d)(1),
(d)(3)(ii), and (g)(43) to read as follows:
Sec. 199.4 Basic program benefits.
(a) * * *
(1)(i) Scope of benefits. Subject to all applicable definitions,
conditions, limitations, or exclusions specified in this part, the
CHAMPUS Basic Program will cost share medically necessary services and
supplies required in the diagnosis and treatment of illness or injury,
including maternity care and well-baby care. Benefits include specified
medical services and supplies provided to eligible beneficiaries from
authorized civilian sources such as hospitals, other authorized
institutional providers, physicians, other authorized individual
professional providers, and professional ambulance services,
prescription drugs, authorized medical supplies, and rental or purchase
of durable equipment.
* * * * *
(d) Other benefits--(1) General. Benefits may be extended for the
allowable charge of those other covered services and supplies described
in paragraph (d) of this section, which are provided in accordance with
good medical practice and established standards of quality by those
other authorized providers described in Sec. 199.6 of this Regulation.
Such benefits are subject to all applicable definitions, conditions,
limitations, or exclusions as otherwise may be set forth in this or
other chapters of this Regulation. To be considered for benefits under
paragraph (d) of this section, the described services or supplies must
be prescribed and ordered by a physician. Other authorized individual
professional providers acting within their scope of licensure may also
prescribe and order these services and supplies unless otherwise
specified in paragraph (d) of this section.
* * * * *
(3) * * *
(ii) Durable equipment--(A) Scope of benefit. (1) Durable
equipment, which is for the specific use of the beneficiary and is
ordered by an authorized individual professional provider listed in
199.6 (c) of this Part, acting within his or her scope of licensure
shall be covered if the durable equipment meets the definition in
section 199.2 and--
(i) Provides the medically appropriate level of performance and
quality for the medical condition present and
(ii) Is not otherwise excluded by this Regulation.
(2) Items that may be provided to a beneficiary as durable
equipment include:
(i) Durable medical equipment as defined in section 199.2;
(ii) Wheelchairs. A wheelchair, which is medically appropriate to
provide basic mobility, including reasonable additional costs for
medically appropriate modifications to accommodate a particular
physiological or medical need, may be covered as durable equipment. An
electric wheelchair, or TRICARE approved alternative to an electric
wheelchair (e.g., scooter) may be provided in lieu of a manual
wheelchair when it is medically indicated and appropriate to provide
basic mobility. Luxury or deluxe wheelchairs, as described in paragraph
(3) below, include features beyond those required for basic mobility of
a particular beneficiary are not authorized.
(iii) Iron lungs.
(iv) Hospital beds.
(v) Cardiorespiratory monitors under conditions specified in
paragraph (d)(3)(ii)(B) of this section.
(3) Whether a prescribed item of durable equipment provides the
medically appropriate level of performance and quality for the
beneficiary's condition must be supported by adequate documentation.
Luxury, deluxe, immaterial, or non-essential features, which increase
the cost of the item relative to a similar item without those features,
based on industry standards for a particular item at the time the
equipment is prescribed or replaced for a beneficiary, are not
[[Page 48372]]
authorized. Only the ``base'' or ``basic'' model of equipment (or more
cost-effective alternative equipment) shall be covered, unless
customization of the equipment, or any accessory or item of supply for
any durable equipment, is essential, as determined by the Director (or
designee), for--
(i) Achieving therapeutic benefit for the patient;
(ii) Making the equipment serviceable; or
(iii) Otherwise assuring the proper functioning of the equipment.
* * * * *
(B) * * *
(C) Exclusions. Durable equipment, which is otherwise qualified as
a benefit is excluded from coverage under the following circumstances:
(1) Durable equipment for a beneficiary who is a patient in a type
of facility that ordinarily provides the same type of durable equipment
item to its patients at no additional charge in the usual course of
providing its services.
(2) Durable equipment, which is available to the beneficiary from a
Uniformed Services Medical Treatment Facility.
(D) Basis for Reimbursement. (1) Durable equipment may be provided
on a rental or purchase basis. Coverage of durable equipment will be
based on the price most advantageous to the government taking into
consideration the anticipated duration of the medically necessary need
for the equipment and current price information for the type of item.
The cost analysis must include comparison of the total price of the
item as a monthly rental charge, a lease-purchase price, and a lump-sum
purchase price and a provision for the time value of money at the rate
determined by the U.S. Department of Treasury. If a beneficiary wishes
to obtain an item of durable equipment with deluxe, luxury, immaterial
or non-essential features, the beneficiary may agree to accept TRICARE
coverage limited to the allowable amount that would have otherwise been
authorized for a similar item without those features. In that case, the
TRICARE coverage is based upon the allowable amount for the kind of
durable equipment normally used to meet the intended purpose (i.e., the
standard item least costly). The provider shall not hold the
beneficiary liable for deluxe, luxury, immaterial, or non-essential
features that cannot be considered in determining the TRICARE allowable
costs. However, the beneficiary shall be held liable if the provider
has a specific agreement in writing from the beneficiary (or his or her
representative) accepting liability for the itemized difference in
costs of the durable equipment with deluxe, luxury, or immaterial
features and the TRICARE allowable costs for an otherwise authorized
item without such features.
(2) In general, repairs of beneficiary owned durable equipment are
covered when necessary to make the equipment serviceable and
replacement of durable equipment is allowed when the durable equipment
is not serviceable because of normal wear, accidental damage or when
necessitated by a change in the beneficiary's condition. However,
repairs of durable equipment damaged while using the equipment in a
manner inconsistent with its common use, and replacement of lost or
stolen durable equipment, are excluded from coverage. In addition,
repairs of deluxe, luxury, or immaterial features of durable equipment
are excluded from coverage.
* * * * *
(g) * * *
(43) Exercise/relaxation/comfort/sporting items or sporting
devices. Exercise equipment, to include items primarily and customarily
designed for use in sports or recreational activities, spas,
whirlpools, hot tubs, swimming pools health club memberships or other
such charges or items.
* * * * *
0
4. Section 199.5 is amended by revising paragraphs (c)(2), (c)(3),
(c)(8)(ii), and (c)(8)(iii), (d)(3), (d)(7), (d)(7)(i), (d)(7)(iv), and
(d)(8), (g)(2)(i), (g)(2)(ii), and adding new paragraphs (d)(7)(v) and
(h)(4) to read as follows:
Sec. 199.5 TRICARE extended care health option (ECHO).
* * * * *
(c) * * *
(2) Medical, habilitative, rehabilitative services and supplies,
durable equipment and assistive technology (AT) devices that assist in
the reduction of the disabling effects of a qualifying condition.
Benefits shall be provided in the beneficiary's home or other
environment, as appropriate. An AT device may be covered only if it is
recommended in a beneficiary's Individual Educational Program (IEP) or,
if the beneficiary is not eligible for an IEP, the AT device is an item
or educational learning device normally included in an IEP and is
preauthorized under ECHO as an integral component of the beneficiary's
individual comprehensive health care services plan (including
rehabilitation) as prescribed by a TRICARE authorized provider.
(i) An AT device may be covered under ECHO only if it is not
otherwise covered by TRICARE as durable equipment, a prosthetic,
augmentation communication device, or other benefit under section 199.4
of this title.
(ii) An AT device may include an educational learning device
directly related to the beneficiary's qualifying condition when
recommended by an IEP and not otherwise provided by State or local
government programs. If an individual is not eligible for an IEP, an
educational learning device normally included in an IEP may be
authorized as if directly related to the beneficiary's qualifying
condition and prescribed by a TRICARE authorized provider as part of
the beneficiary's individual comprehensive health care services plan.
(iii) Electronic learning devices may include the hardware and
software as appropriate. The Director, TMA shall determine the types
and (or) platforms of electronic devices and the replacement lifecycle
of the hardware and its supporting software. All upgrades or
replacements shall require a recommendation from the individual's IEP
or the individual's comprehensive health care services plan.
(iv) Duplicative or redundant hardware platforms are not
authorized.
Note: When one or more electronic platforms such as a desktop
computer, laptop, notebook or tablet can perform the same functions
in relation to the teaching or educational objective directly
related to the qualifying condition, it is the intent of this
provision to allow only one electronic platform that may be chosen
by the beneficiary. Duplicative or redundant platforms are not
allowed; however, a second platform may be obtained, if the
individual's IEP recommends one platform such as a computer for the
majority of the learning objectives, but there exists another
objective, which cannot be performed on that platform. In these
limited circumstances, the beneficiary may submit a request with the
above justification to the Director, TMA, who may authorize a second
device.
(v) AT devices damaged through improper use of the device as well
as lost or stolen devices may not be replaced until the device would
next be eligible for a lifecycle replacement.
(vi) AT devices do not include equipment or devices whose primary
purpose is to assist the individual to engage in sports or recreational
activities.
* * * * *
(8) * * *
(ii) Equipment adaptation. The allowable equipment and an AT device
purchase shall include such services and modifications to the equipment
as necessary to make the equipment useable for a particular ECHO
beneficiary.
[[Page 48373]]
(iii) Equipment maintenance. Reasonable repairs and maintenance of
beneficiary owned or rented DE or AT devices provided by this section
shall be allowed while a beneficiary is registered in the ECHO Program.
Repairs of DE and/or AT devices damaged while using the item in a
manner inconsistent with its common use, and replacement of lost or
stolen DE and/or AT devices, are not authorized coverage as an ECHO
benefit. In addition, repairs and maintenance of deluxe, luxury, or
immaterial features of DE or AT devices are not authorized coverage as
an ECHO benefit.
(d) * * *
(3) Structural alterations. Alterations to living space and
permanent fixtures attached thereto, including alterations necessary to
accommodate installation of equipment or AT devices to facilitate
entrance or exit, are excluded.
* * * * *
(7) Equipment. Purchase or rental of DE and AT devices otherwise
allowed by this section is excluded when:
(i) The beneficiary is a patient in an institution or facility that
ordinarily provides the same type of equipment or AT devices to its
patients at no additional charge in the usual course of providing
services; or
(ii) * * *
(iii) * * *
(iv) The item is a duplicate DE or an AT device, as defined in
section 199.2 of this title.
(v) The item (or charge for access to such item through health club
membership or other activity) is exercise equipment including an item
primarily and customarily designed for use in sports or recreational
activities, spa, whirlpool, hot tub, swimming pool, an electronic
device used to locate or monitor the location of a beneficiary, or
other similar item or charge.
(8) Maintenance agreements. Maintenance agreements for beneficiary
owned or rented equipment or AT device are excluded.
* * * * *
(g) * * *
(2) Equipment. (i) The TRICARE allowable amount for DE or AT
devices shall be calculated in the same manner as DME allowable through
section 199.4 of this title, and accrues to the fiscal year benefit
limit specified in paragraph (f)(3) of this section.
(ii) Cost-share. A cost-share, as provided by paragraph (f)(2) of
this section, is required for each month in which equipment or an AT
device is purchased under this section. However, in no month shall a
sponsor be required to pay more than one cost-share regardless of the
number of benefits the sponsor's dependents received under this
section.
* * * * *
(h) * * *
(4) Repair or maintenance of DE owned by the beneficiary or an AT
device is exempt from the public facility-use certification
requirements.
* * * * *
Dated: July 29, 2013.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2013-19153 Filed 8-7-13; 8:45 am]
BILLING CODE 5001-06-P