Copayment for Extended Care Services, 70863-70864 [2013-28436]
Download as PDF
Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Rules and Regulations
pursuant to 46 U.S.C. 70118. In
addition, the Captain of the Port may be
assisted by other federal, state, or local
agencies in enforcing this section.
(h) Waiver. The Captain of the Port
Columbia River may waive any of the
requirements of this section for any
vessel or class of vessels upon finding
that operational conditions or other
circumstances are such that application
of this section is unnecessary or
impractical for the purpose of port
safety or environmental safety.
Dated: October 31, 2013.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Columbia River.
[FR Doc. 2013–28362 Filed 11–26–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AO59
Copayment for Extended Care
Services
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This document promulgates
Department of Veterans Affairs (VA)
final regulations amending the
definition of ‘‘spousal resource
protection amount’’ to reference the
Maximum Community Spouse Resource
Standard, which is adjusted and
published each year by the Centers for
Medicare and Medicaid Services (CMS).
This change has the immediate effect of
increasing the spousal resource
protection amount from $89,280 to
$115,920, and ensures that the spousal
resource protection amount will stay
consistent with the comparable
protection for the spouses of Medicaid
recipients.
DATES: Effective Date: This rule is
effective December 27, 2013.
FOR FURTHER INFORMATION CONTACT:
Kristin J. Cunningham, Director
Business Policy, Chief Business Office,
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420; (202) 461–1599. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: On April
22, 2013, VA published in the Federal
Register (78 FR 23702) a proposal to
amend the definition of ‘‘spousal
resource protection amount’’ found at
38 CFR 17.111(d)(2)(vi). The spousal
resource protection amount is the
amount of liquid assets of a veteran and
community (i.e., not institutionalized)
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:16 Nov 26, 2013
Jkt 232001
spouse that is considered unavailable
when calculating the veteran’s
maximum monthly copayment
obligation for extended care services
longer than 180 days. We proposed to
define the ‘‘spousal resource protection
amount’’ by reference to the Maximum
Community Spouse Resource Standard,
which is published each year by the
Centers for Medicare and Medicaid
Services (CMS) and is adjusted annually
based on the Consumer Price Index.
Previously, the spousal resource
protection amount used by VA was set
at $89,280 and did not adjust annually.
Under the proposed change, this
amount would immediately increase to
the current CMS standard of $115,920,
and would automatically adjust on an
annual basis consistent with the
comparable protection for the spouses of
Medicaid recipients.
In addition, we proposed to remove
§ 17.111(g), which consists entirely of a
copy of VA Form 10–10EC, Application
for Extended Care Services.
Interested persons were invited to
submit comments to the proposed rule
on or before June 21, 2013. We received
one comment advocating for increased
funding for medical services provided to
military spouses, which is beyond the
scope of this rulemaking. We received
no substantive comments addressing the
substance of the proposed rule or
suggesting any changes. Therefore,
based on the rationale set forth in the
proposed rule, VA is adopting the
provisions of the proposed rule as a
final rule with no changes.
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 are authorized. All
existing or subsequent 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
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
70863
will directly affect only individuals and
will not directly affect small entities.
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 final rule have been
examined, and it has been determined
not to be a significant regulatory action
under Executive Order 12866. VA’s
impact analysis can be found as a
supporting document at https://
www.regulations.gov, usually within 48
hours after the rulemaking document is
published. Additionally, a copy of the
rulemaking and its impact analysis are
available on VA’s Web site at https://
www1.va.gov/orpm/, by following the
link for ‘‘VA Regulations Published.’’
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
E:\FR\FM\27NOR1.SGM
27NOR1
70864
Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Rules and Regulations
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
one year. This final rule will have no
such effect on State, local, and tribal
governments, or on the private sector.
PART 17—MEDICAL
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. Amend § 17.111 by:
a. Revising paragraph (d)(2)(vi).
b. Removing paragraph (g).
The revision reads as follows:
Catalog of Federal Domestic Assistance
§ 17.111 Copayments for extended care
services.
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs affected by this document are
64.007, Blind Rehabilitation Centers;
64.008, Veterans Domiciliary Care;
64.009, Veterans Medical Care Benefits;
64.010, Veterans Nursing Home Care;
64.014, Veterans State Domiciliary Care;
64.015, Veterans State Nursing Home
Care; 64.016, Veterans State Hospital
Care; 64.018, Sharing Specialized
Medical Resources; 64.019, Veterans
Rehabilitation Alcohol and Drug
Dependence; 64.022, Veterans Home
Based Primary Care; and 64.024, VA
Homeless Providers Grant and Per Diem
Program.
*
Signing Authority
ENVIRONMENTAL PROTECTION
AGENCY
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, Chief of Staff, Department of
Veterans Affairs, approved this
document on November 21, 2013, for
publication.
List of Subjects in 38 CFR Part 17
emcdonald on DSK67QTVN1PROD with RULES
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug
abuse, Government contracts, Grant
programs-health, Grant programsveterans, Health care, Health facilities,
Health professions, Health records,
Homeless, Medical and dental schools,
Medical devices, Medical research,
Mental health programs, Nursing
homes, Reporting and recordkeeping
requirements, Travel and transportation
expenses, Veterans.
Dated: November 22, 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, the Department of Veterans
Affairs amends 38 CFR part 17 as set
forth below:
VerDate Mar<15>2010
16:16 Nov 26, 2013
Jkt 232001
*
*
*
*
(d) * * *
(2) * * *
(vi) Spousal resource protection
amount means the value of liquid assets
equal to the Maximum Community
Spouse Resource Standard published by
the Centers for Medicare and Medicaid
Services (CMS) as of January 1 of the
current calendar year if the spouse is
residing in the community (not
institutionalized).
*
*
*
*
*
[FR Doc. 2013–28436 Filed 11–26–13; 8:45 am]
BILLING CODE 8320–01–P
40 CFR Part 180
[EPA–HQ–OPP–2012–0706; FRL–9399–8]
Metaldehyde; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of metaldehyde
in or on multiple commodities which
are identified and discussed later in this
document. This regulation additionally
removes the established tolerances in or
on berry group 13 and strawberry, as the
tolerances will be superseded by
tolerances established by this action.
Interregional Research Project Number 4
(IR–4) requested these tolerances under
the Federal Food, Drug, and Cosmetic
Act (FFDCA).
DATES: This regulation is effective
November 27, 2013. Objections and
requests for hearings must be received
on or before January 27, 2014, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2012–0706, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West
Bldg., Rm. 3334, 1301 Constitution Ave.
NW., Washington, DC 20460–0001. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Lois
Rossi, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2012–0706 in the subject line on
E:\FR\FM\27NOR1.SGM
27NOR1
Agencies
[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Rules and Regulations]
[Pages 70863-70864]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28436]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AO59
Copayment for Extended Care Services
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document promulgates Department of Veterans Affairs (VA)
final regulations amending the definition of ``spousal resource
protection amount'' to reference the Maximum Community Spouse Resource
Standard, which is adjusted and published each year by the Centers for
Medicare and Medicaid Services (CMS). This change has the immediate
effect of increasing the spousal resource protection amount from
$89,280 to $115,920, and ensures that the spousal resource protection
amount will stay consistent with the comparable protection for the
spouses of Medicaid recipients.
DATES: Effective Date: This rule is effective December 27, 2013.
FOR FURTHER INFORMATION CONTACT: Kristin J. Cunningham, Director
Business Policy, Chief Business Office, Department of Veterans Affairs,
810 Vermont Avenue NW., Washington, DC 20420; (202) 461-1599. (This is
not a toll-free number.)
SUPPLEMENTARY INFORMATION: On April 22, 2013, VA published in the
Federal Register (78 FR 23702) a proposal to amend the definition of
``spousal resource protection amount'' found at 38 CFR
17.111(d)(2)(vi). The spousal resource protection amount is the amount
of liquid assets of a veteran and community (i.e., not
institutionalized) spouse that is considered unavailable when
calculating the veteran's maximum monthly copayment obligation for
extended care services longer than 180 days. We proposed to define the
``spousal resource protection amount'' by reference to the Maximum
Community Spouse Resource Standard, which is published each year by the
Centers for Medicare and Medicaid Services (CMS) and is adjusted
annually based on the Consumer Price Index. Previously, the spousal
resource protection amount used by VA was set at $89,280 and did not
adjust annually. Under the proposed change, this amount would
immediately increase to the current CMS standard of $115,920, and would
automatically adjust on an annual basis consistent with the comparable
protection for the spouses of Medicaid recipients.
In addition, we proposed to remove Sec. 17.111(g), which consists
entirely of a copy of VA Form 10-10EC, Application for Extended Care
Services.
Interested persons were invited to submit comments to the proposed
rule on or before June 21, 2013. We received one comment advocating for
increased funding for medical services provided to military spouses,
which is beyond the scope of this rulemaking. We received no
substantive comments addressing the substance of the proposed rule or
suggesting any changes. Therefore, based on the rationale set forth in
the proposed rule, VA is adopting the provisions of the proposed rule
as a final rule with no changes.
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 are authorized.
All existing or subsequent 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 individuals and will not
directly affect small entities. 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 final rule have been examined, and it has been
determined not to be a significant regulatory action under Executive
Order 12866. VA's impact analysis can be found as a supporting document
at https://www.regulations.gov, usually within 48 hours after the
rulemaking document is published. Additionally, a copy of the
rulemaking and its impact analysis are available on VA's Web site at
https://www1.va.gov/orpm/, by following the link for ``VA Regulations
Published.''
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that
[[Page 70864]]
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 one 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 document are 64.007, Blind Rehabilitation
Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical
Care Benefits; 64.010, Veterans Nursing Home Care; 64.014, Veterans
State Domiciliary Care; 64.015, Veterans State Nursing Home Care;
64.016, Veterans State Hospital Care; 64.018, Sharing Specialized
Medical Resources; 64.019, Veterans Rehabilitation Alcohol and Drug
Dependence; 64.022, Veterans Home Based Primary Care; and 64.024, VA
Homeless Providers Grant and Per Diem Program.
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, Chief of Staff, Department of Veterans Affairs, approved this
document on November 21, 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, Reporting and recordkeeping requirements,
Travel and transportation expenses, Veterans.
Dated: November 22, 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, the Department of Veterans
Affairs amends 38 CFR part 17 as set forth below:
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. Amend Sec. 17.111 by:
0
a. Revising paragraph (d)(2)(vi).
0
b. Removing paragraph (g).
The revision reads as follows:
Sec. 17.111 Copayments for extended care services.
* * * * *
(d) * * *
(2) * * *
(vi) Spousal resource protection amount means the value of liquid
assets equal to the Maximum Community Spouse Resource Standard
published by the Centers for Medicare and Medicaid Services (CMS) as of
January 1 of the current calendar year if the spouse is residing in the
community (not institutionalized).
* * * * *
[FR Doc. 2013-28436 Filed 11-26-13; 8:45 am]
BILLING CODE 8320-01-P