Updating Certain Delegations of Authority in VA Medical Regulations, 23239-23241 [2015-09633]
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Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Rules and Regulations
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SUPPLEMENTARY INFORMATION:
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In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: April 20, 2015.
Steve Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2015–09643 Filed 4–24–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 1 and 17
RIN 2900–AP17
Updating Certain Delegations of
Authority in VA Medical Regulations
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is making technical
amendments to its medical regulations
by updating certain delegations of
authority to be consistent with the
statutory authority that established the
Consolidated Patient Account Centers
(CPACs). VA is, through this final rule,
specifying delegations of authority for
the collection of debts owed VA to the
Chief Financial Officers of the CPACs.
DATES: Effective date: This final rule is
effective April 27, 2015.
FOR FURTHER INFORMATION CONTACT:
Kristin J. Cunningham, Director
Business Policy, Chief Business Office
(10NB6), Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW.,
Washington, DC 20420; (202) 382–2508.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: This
rulemaking amends VA’s regulations in
title 38 Code of Federal Regulations
(CFR) that delegate authority for the
collection of debts owed to VA for
medical care or services provided or
furnished to a veteran for a nonserviceconnected disability to the Fiscal Officer
or the Chief of the Fiscal Activity at the
VA medical facility responsible for the
collection of the debt or the station
where the debt occurred. Consistent
with the requirements of 38 U.S.C.
1729B, VA established seven
Consolidated Patient Account Centers
(CPACs), whose function is to centralize
the billing and collection activities of
VA medical facilities related to medical
care (commonly referred to as ‘‘revenue
activity’’). Creation of the CPACs has
allowed VA to uniformly address
SUMMARY:
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23239
revenue activities and improve service
to veterans.
This rulemaking amends our
regulations to be consistent with 38
U.S.C. 1729B, which required VA to
establish the CPACs, and current
practice to specify that, for medical care
revenue activities, the responsibility for
collection of a medical debt belongs to
the CPAC, rather than the Fiscal Officer
or Chief of the Fiscal Activity at the
medical facility or station. We also are
clarifying that the Chief of the Fiscal
Activity of a VA facility or the Chief of
the Fiscal Activity of the station where
the debt occurred is no longer the
responsible individual for the fiscal
activities of such facility or station
because these fiscal activities fall under
the purview of the Chief Financial
Officer of the corresponding CPAC. This
rulemaking amends §§ 1.956(a)(2)(iv),
17.103(a), 17.104(a), and 17.105(c).
Current § 1.956(a)(2)(iv) states that
fiscal officers at VA medical facilities
are authorized to waive veterans’ debts
arising from medical care copayments
(§ 17.105(c)). Consistent with 38 U.S.C.
1729B and under current practice, the
CPACs are responsible for waiving debts
related to medical care copayments, not
the individual VA medical facilities. We
are amending § 1.956(a)(2)(iv) to clarify
that the Chief Financial Officer of the
Consolidated Patient Account Center is
authorized to waive veterans’ debts
arising from medical care copayments
(§ 17.105(c).
Current § 17.103(a) states that
compromise offers for debts of charges
made under § 17.101(a) shall be referred
to the Chief of the Fiscal activity of the
facility for application of the collection
standards in § 1.900 et seq. The
reference to § 17.101(a) is incorrect. A
veteran is not responsible for charges
billed to an insurance company under
the methodology in § 17.101. Only the
General Counsel and those authorized to
act for the General Counsel have the
authority to compromise or waive a
claim arising under 38 U.S.C. 1729 and
38 CFR 17.101. The application of the
collection standards in § 1.900 et seq.
are primarily focused on benefit debt,
including copayment debt and
employee debt. The reference to
§ 17.101(a) was added in error by a final
rule published by VA in 1996, 61 FR
21964. The correct reference in
§ 17.103(a) should be to the copayment
provisions of §§ 17.108, 17.110 or
17.111. Accordingly, we are amending
paragraph (a), introductory text, by
removing the references made to the
debt that represents charges made under
§ 17.101(a), and the Chief of the Fiscal
activity of the facility to refer instead to
the debt representing charges made
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Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Rules and Regulations
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under §§ 17.108, 17.110 or 17.111, and
the Chief Financial Officer of the
Consolidated Patient Account Center
(CPAC) to make the statement in line
with the authorizing statute for the
CPAC. We are also amending the
heading of § 17.103(a) to refer to the
‘‘Chief Financial Officers of the
Consolidated Patient Account Centers’’
in order to correctly state the individual
who is responsible for the financial
activities of paragraph (a). We are also
amending § 17.103(a)(2), which uses the
term ‘‘field station.’’ As we have stated
in this rulemaking, the CPAC is now in
charge of activities that were previously
done in a field facility. We are,
therefore, removing the term ‘‘a field
station’’ in paragraph (a)(2) and adding,
in its place, ‘‘the CPAC.’’ We are making
a similar amendment in § 17.104(a),
which states that questions concerning
suspension or termination of collection
action shall be referred to the Chief of
the Fiscal activity of the station for
application of the collection standards
in § 1.900 et seq. Specifically, we are
amending paragraph (a) by removing the
reference to § 17.101(a) and (b). As
previously stated in this rulemaking,
these references are incorrect because
the veteran is not responsible for
charges under § 17.101; rather, the
veteran is responsible for charges under
§§ 17.108, 17.110 or 17.111. We are also
amending the term ‘‘Chief of the Fiscal
activity of the station’’ and replacing it
with ‘‘Chief Financial Officer of the
Consolidated Patient Account Center.’’
Paragraph (c) of § 17.105 states that
the Fiscal Officer at a VA medical
facility where all or part of the debt was
incurred will receive claims for waivers,
and that the Fiscal Officer may also
extend the time period for submitting
said waiver. Paragraph (c) also states
that a decision rendered by the Fiscal
Officer under this provision is final. In
an effort to maintain consistency, we are
removing the words ‘‘Fiscal Officer at a
VA medical facility where all or part of
the debt was incurred’’ and replacing
them with ‘‘the Consolidated Patient
Account Center (CPAC) Chief Financial
Officer.’’ We are also removing the term
‘‘Fiscal Officer’’ and replacing the term
with ‘‘CPAC Chief Financial Officer’’
every time it appears. We are making
these changes because the CPACs are
now in charge of processing waivers of
debts of charges for copayments.
Administrative Procedure Act
The Secretary of Veterans Affairs
finds that there is good cause under 5
U.S.C. 553(b)(B) and (d)(3) to dispense
with the opportunity for notice and
public comment and good cause to
publish this rule with an immediate
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Jkt 235001
effective date. This final rule merely
revises VA’s regulations so that they
align with recent statutory amendments
and corrects a citation that was added
in error by a prior rulemaking. These are
technical revisions only. Therefore,
compliance with the notice-andcomment and delayed effective date
requirements of 5 U.S.C. 553 is
unnecessary.
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
directly affects 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
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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://
www.va.gov/orpm, by following the link
for VA Regulations Published from FY
2004 through FYTD.
Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
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 program numbers and titles
for this rule are as follows: 64.008,
Veterans Domiciliary Care; 64.009,
Veterans Medical Care Benefits; 64.010,
Veterans Nursing Home Care; and
64.018, Sharing Specialized Medical
Resources.
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
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Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Rules and Regulations
D. Riojas, Chief of Staff, Department of
Veterans Affairs, approved this
document on April 16, 2015, for
publication.
List of Subjects
38 CFR Part 1
Administrative practice and
procedure, Archives and records,
Cemeteries, Claims, Courts, Crime,
Flags, Freedom of information,
Government contracts, Government
employees, Government property,
Infants and children, Inventions and
patents, Parking Penalties, Privacy
Reporting and recordkeeping
requirements, Seals and insignia,
Security measures, Wages.
§ 17.104
Approved: April 21, 2015.
Michael Shores,
Chief Impact Analyst, Office of Regulation
Policy & Management, Office of the General
Counsel, Department of Veterans Affairs.
For the reasons set forth in the
preamble, we amend 38 CFR parts 1 and
17 as follows:
1. The authority citation for part 1
continues to read as follows:
■
Authority: 38 U.S.C. 501(a), and as noted
in specific sections.
2. Revise § 1.956(a)(2)(iv) to read as
follows:
■
Jurisdiction.
(a) * * *
(2) * * *
(iv) The Chief Financial Officer of the
Consolidated Patient Account Center is
authorized to waive veterans’ debts
arising from medical care copayments
(§ 17.105(c) of this chapter).
*
*
*
*
*
PART 17—MEDICAL
3. The authority citation for part 17
continues to read as follows:
■
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Authority: 38 U.S.C. 501, and as noted in
specific sections.
[Amended]
4. Amend § 17.103 by:
a. In the heading of paragraph (a),
removing the term ‘‘Chiefs of Fiscal
activities’’ and adding, in its place,
‘‘Chief Financial Officers of the
Consolidated Patient Account Centers’’.
■
■
VerDate Sep<11>2014
14:38 Apr 24, 2015
Jkt 235001
§ 17.105
Waivers.
*
PART 1—GENERAL PROVISIONS
§ 17.103
[Amended]
5. Amend § 17.104 by removing from
paragraph (a) ‘‘If the debt represents
charges made under § 17.101 (a) or (b)
questions concerning suspension or
termination of collection action shall be
referred to the Chief of the Fiscal
activity of the station’’ and adding, in its
place, ‘‘If the debt represents charges
made under §§ 17.108, 17.110, or 17.111
questions concerning suspension or
termination of collection action shall be
referred to the Chief Financial Officer of
the Consolidated Patient Account
Center’’.
■ 6. Revise § 17.105(c) to read as
follows:
■
38 CFR Part 17
Administrative practice and
procedure, Claims, Health care, Health
facilities, Health records, Nursing
homes, Reporting and recordkeeping
requirements, Veterans.
§ 1.956
b. In paragraph (a) introductory text,
removing ‘‘If the debt represents charges
made under § 17.101(a), the compromise
offer shall be referred to the Chief of the
Fiscal activity of the facility’’ and
adding, in its place, ‘‘If the debt
represents charges made under
§§ 17.108, 17.110, or 17.111, the
compromise offer shall be referred to the
Chief Financial Officer of the
Consolidated Patient Account Center
(CPAC)’’.
■ c. In paragraph (a)(2), removing the
term ‘‘a field station’’ and adding, in its
place, ‘‘the CPAC’’.
■
*
*
*
*
(c) Of charges for copayments. If the
debt represents charges for outpatient
medical care, inpatient hospital care,
medication or extended care services
copayments made under §§ 17.108,
17.110, or 17.111, the claimant must
request a waiver by submitting VA Form
5655 (Financial Status Report) to the
Consolidated Patient Account Center
(CPAC) Chief Financial Officer. The
claimant must submit this form within
the time period provided in § 1.963(b) of
this chapter and may request a hearing
under § 1.966(a) of this chapter. The
CPAC Chief Financial Officer may
extend the time period for submitting a
claim if the Chairperson of the
Committee on Waivers and
Compromises could do so under
§ 1.963(b) of this chapter. The CPAC
Chief Financial Officer will apply the
standard ‘‘equity and good conscience’’
in accordance with §§ 1.965 and
1.966(a) of this chapter, and may waive
all or part of the claimant’s debts. A
decision by the CPAC Chief Financial
Officer under this provision is final
(except that the decision may be
reversed or modified based on new and
material evidence, fraud, a change in
law or interpretation of law, or clear and
unmistakable error shown by the
evidence in the file at the time of the
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23241
prior decision as provided in § 1.969 of
this chapter) and may be appealed in
accordance with 38 CFR parts 19 and
20.
*
*
*
*
*
[FR Doc. 2015–09633 Filed 4–24–15; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 37
Specifications for Medical
Examinations of Coal Miners
CFR Correction
In Title 42 of the Code of Federal
Regulations, Parts 1 to 399, revised as of
October 1, 2014, on page 183, in § 37.51,
in paragraph (d)(1)(i), remove the text
‘‘P=’56734’≤’’.
[FR Doc. 2015–09757 Filed 4–24–15; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 141021887–5172–02]
RIN 0648–XD918
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific ocean perch in the
Eastern Aleutian district (EAI) of the
Bering Sea and Aleutian Islands
management area (BSAI) by vessels
participating in the BSAI trawl limited
access fishery. This action is necessary
to prevent exceeding the 2015 total
allowable catch (TAC) of Pacific ocean
perch in the EAI allocated to vessels
participating in the BSAI trawl limited
access fishery.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), April 22, 2015, through
2400 hrs, A.l.t., December 31, 2015.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Rules and Regulations]
[Pages 23239-23241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09633]
=======================================================================
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 1 and 17
RIN 2900-AP17
Updating Certain Delegations of Authority in VA Medical
Regulations
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is making technical
amendments to its medical regulations by updating certain delegations
of authority to be consistent with the statutory authority that
established the Consolidated Patient Account Centers (CPACs). VA is,
through this final rule, specifying delegations of authority for the
collection of debts owed VA to the Chief Financial Officers of the
CPACs.
DATES: Effective date: This final rule is effective April 27, 2015.
FOR FURTHER INFORMATION CONTACT: Kristin J. Cunningham, Director
Business Policy, Chief Business Office (10NB6), Veterans Health
Administration, Department of Veterans Affairs, 810 Vermont Avenue NW.,
Washington, DC 20420; (202) 382-2508. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: This rulemaking amends VA's regulations in
title 38 Code of Federal Regulations (CFR) that delegate authority for
the collection of debts owed to VA for medical care or services
provided or furnished to a veteran for a nonservice-connected
disability to the Fiscal Officer or the Chief of the Fiscal Activity at
the VA medical facility responsible for the collection of the debt or
the station where the debt occurred. Consistent with the requirements
of 38 U.S.C. 1729B, VA established seven Consolidated Patient Account
Centers (CPACs), whose function is to centralize the billing and
collection activities of VA medical facilities related to medical care
(commonly referred to as ``revenue activity''). Creation of the CPACs
has allowed VA to uniformly address revenue activities and improve
service to veterans.
This rulemaking amends our regulations to be consistent with 38
U.S.C. 1729B, which required VA to establish the CPACs, and current
practice to specify that, for medical care revenue activities, the
responsibility for collection of a medical debt belongs to the CPAC,
rather than the Fiscal Officer or Chief of the Fiscal Activity at the
medical facility or station. We also are clarifying that the Chief of
the Fiscal Activity of a VA facility or the Chief of the Fiscal
Activity of the station where the debt occurred is no longer the
responsible individual for the fiscal activities of such facility or
station because these fiscal activities fall under the purview of the
Chief Financial Officer of the corresponding CPAC. This rulemaking
amends Sec. Sec. 1.956(a)(2)(iv), 17.103(a), 17.104(a), and 17.105(c).
Current Sec. 1.956(a)(2)(iv) states that fiscal officers at VA
medical facilities are authorized to waive veterans' debts arising from
medical care copayments (Sec. 17.105(c)). Consistent with 38 U.S.C.
1729B and under current practice, the CPACs are responsible for waiving
debts related to medical care copayments, not the individual VA medical
facilities. We are amending Sec. 1.956(a)(2)(iv) to clarify that the
Chief Financial Officer of the Consolidated Patient Account Center is
authorized to waive veterans' debts arising from medical care
copayments (Sec. 17.105(c).
Current Sec. 17.103(a) states that compromise offers for debts of
charges made under Sec. 17.101(a) shall be referred to the Chief of
the Fiscal activity of the facility for application of the collection
standards in Sec. 1.900 et seq. The reference to Sec. 17.101(a) is
incorrect. A veteran is not responsible for charges billed to an
insurance company under the methodology in Sec. 17.101. Only the
General Counsel and those authorized to act for the General Counsel
have the authority to compromise or waive a claim arising under 38
U.S.C. 1729 and 38 CFR 17.101. The application of the collection
standards in Sec. 1.900 et seq. are primarily focused on benefit debt,
including copayment debt and employee debt. The reference to Sec.
17.101(a) was added in error by a final rule published by VA in 1996,
61 FR 21964. The correct reference in Sec. 17.103(a) should be to the
copayment provisions of Sec. Sec. 17.108, 17.110 or 17.111.
Accordingly, we are amending paragraph (a), introductory text, by
removing the references made to the debt that represents charges made
under Sec. 17.101(a), and the Chief of the Fiscal activity of the
facility to refer instead to the debt representing charges made
[[Page 23240]]
under Sec. Sec. 17.108, 17.110 or 17.111, and the Chief Financial
Officer of the Consolidated Patient Account Center (CPAC) to make the
statement in line with the authorizing statute for the CPAC. We are
also amending the heading of Sec. 17.103(a) to refer to the ``Chief
Financial Officers of the Consolidated Patient Account Centers'' in
order to correctly state the individual who is responsible for the
financial activities of paragraph (a). We are also amending Sec.
17.103(a)(2), which uses the term ``field station.'' As we have stated
in this rulemaking, the CPAC is now in charge of activities that were
previously done in a field facility. We are, therefore, removing the
term ``a field station'' in paragraph (a)(2) and adding, in its place,
``the CPAC.'' We are making a similar amendment in Sec. 17.104(a),
which states that questions concerning suspension or termination of
collection action shall be referred to the Chief of the Fiscal activity
of the station for application of the collection standards in Sec.
1.900 et seq. Specifically, we are amending paragraph (a) by removing
the reference to Sec. 17.101(a) and (b). As previously stated in this
rulemaking, these references are incorrect because the veteran is not
responsible for charges under Sec. 17.101; rather, the veteran is
responsible for charges under Sec. Sec. 17.108, 17.110 or 17.111. We
are also amending the term ``Chief of the Fiscal activity of the
station'' and replacing it with ``Chief Financial Officer of the
Consolidated Patient Account Center.''
Paragraph (c) of Sec. 17.105 states that the Fiscal Officer at a
VA medical facility where all or part of the debt was incurred will
receive claims for waivers, and that the Fiscal Officer may also extend
the time period for submitting said waiver. Paragraph (c) also states
that a decision rendered by the Fiscal Officer under this provision is
final. In an effort to maintain consistency, we are removing the words
``Fiscal Officer at a VA medical facility where all or part of the debt
was incurred'' and replacing them with ``the Consolidated Patient
Account Center (CPAC) Chief Financial Officer.'' We are also removing
the term ``Fiscal Officer'' and replacing the term with ``CPAC Chief
Financial Officer'' every time it appears. We are making these changes
because the CPACs are now in charge of processing waivers of debts of
charges for copayments.
Administrative Procedure Act
The Secretary of Veterans Affairs finds that there is good cause
under 5 U.S.C. 553(b)(B) and (d)(3) to dispense with the opportunity
for notice and public comment and good cause to publish this rule with
an immediate effective date. This final rule merely revises VA's
regulations so that they align with recent statutory amendments and
corrects a citation that was added in error by a prior rulemaking.
These are technical revisions only. Therefore, compliance with the
notice-and-comment and delayed effective date requirements of 5 U.S.C.
553 is unnecessary.
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 directly affects 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://www.va.gov/orpm, by following the link for VA Regulations
Published from FY 2004 through FYTD.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any 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 program numbers and
titles for this rule are as follows: 64.008, Veterans Domiciliary Care;
64.009, Veterans Medical Care Benefits; 64.010, Veterans Nursing Home
Care; and 64.018, Sharing Specialized Medical Resources.
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
[[Page 23241]]
D. Riojas, Chief of Staff, Department of Veterans Affairs, approved
this document on April 16, 2015, for publication.
List of Subjects
38 CFR Part 1
Administrative practice and procedure, Archives and records,
Cemeteries, Claims, Courts, Crime, Flags, Freedom of information,
Government contracts, Government employees, Government property,
Infants and children, Inventions and patents, Parking Penalties,
Privacy Reporting and recordkeeping requirements, Seals and insignia,
Security measures, Wages.
38 CFR Part 17
Administrative practice and procedure, Claims, Health care, Health
facilities, Health records, Nursing homes, Reporting and recordkeeping
requirements, Veterans.
Approved: April 21, 2015.
Michael Shores,
Chief Impact Analyst, Office of Regulation Policy & Management, Office
of the General Counsel, Department of Veterans Affairs.
For the reasons set forth in the preamble, we amend 38 CFR parts 1
and 17 as follows:
PART 1--GENERAL PROVISIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 38 U.S.C. 501(a), and as noted in specific sections.
0
2. Revise Sec. 1.956(a)(2)(iv) to read as follows:
Sec. 1.956 Jurisdiction.
(a) * * *
(2) * * *
(iv) The Chief Financial Officer of the Consolidated Patient
Account Center is authorized to waive veterans' debts arising from
medical care copayments (Sec. 17.105(c) of this chapter).
* * * * *
PART 17--MEDICAL
0
3. The authority citation for part 17 continues to read as follows:
Authority: 38 U.S.C. 501, and as noted in specific sections.
Sec. 17.103 [Amended]
0
4. Amend Sec. 17.103 by:
0
a. In the heading of paragraph (a), removing the term ``Chiefs of
Fiscal activities'' and adding, in its place, ``Chief Financial
Officers of the Consolidated Patient Account Centers''.
0
b. In paragraph (a) introductory text, removing ``If the debt
represents charges made under Sec. 17.101(a), the compromise offer
shall be referred to the Chief of the Fiscal activity of the facility''
and adding, in its place, ``If the debt represents charges made under
Sec. Sec. 17.108, 17.110, or 17.111, the compromise offer shall be
referred to the Chief Financial Officer of the Consolidated Patient
Account Center (CPAC)''.
0
c. In paragraph (a)(2), removing the term ``a field station'' and
adding, in its place, ``the CPAC''.
Sec. 17.104 [Amended]
0
5. Amend Sec. 17.104 by removing from paragraph (a) ``If the debt
represents charges made under Sec. 17.101 (a) or (b) questions
concerning suspension or termination of collection action shall be
referred to the Chief of the Fiscal activity of the station'' and
adding, in its place, ``If the debt represents charges made under
Sec. Sec. 17.108, 17.110, or 17.111 questions concerning suspension or
termination of collection action shall be referred to the Chief
Financial Officer of the Consolidated Patient Account Center''.
0
6. Revise Sec. 17.105(c) to read as follows:
Sec. 17.105 Waivers.
* * * * *
(c) Of charges for copayments. If the debt represents charges for
outpatient medical care, inpatient hospital care, medication or
extended care services copayments made under Sec. Sec. 17.108, 17.110,
or 17.111, the claimant must request a waiver by submitting VA Form
5655 (Financial Status Report) to the Consolidated Patient Account
Center (CPAC) Chief Financial Officer. The claimant must submit this
form within the time period provided in Sec. 1.963(b) of this chapter
and may request a hearing under Sec. 1.966(a) of this chapter. The
CPAC Chief Financial Officer may extend the time period for submitting
a claim if the Chairperson of the Committee on Waivers and Compromises
could do so under Sec. 1.963(b) of this chapter. The CPAC Chief
Financial Officer will apply the standard ``equity and good
conscience'' in accordance with Sec. Sec. 1.965 and 1.966(a) of this
chapter, and may waive all or part of the claimant's debts. A decision
by the CPAC Chief Financial Officer under this provision is final
(except that the decision may be reversed or modified based on new and
material evidence, fraud, a change in law or interpretation of law, or
clear and unmistakable error shown by the evidence in the file at the
time of the prior decision as provided in Sec. 1.969 of this chapter)
and may be appealed in accordance with 38 CFR parts 19 and 20.
* * * * *
[FR Doc. 2015-09633 Filed 4-24-15; 8:45 am]
BILLING CODE 8320-01-P
