Removing Outmoded Regulations Regarding the National Health Service Corps Program, 30080-30081 [2018-13837]

Download as PDF 30080 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations Dated: June 4, 2018. George Sigounas, Administrator, Health Resources and Services Administration. Approved: June 21, 2018. Alex M. Azar II, Secretary, Department of Health and Human Services. List of Subjects in 42 CFR Part 5a Health care, Health care professionals, Public health, Rural health. PART 5a—[REMOVED] For reasons set out in the preamble, and under the authority at 5 U.S.C. 301, HHS amends 42 CFR chapter I by removing part 5a. ■ [FR Doc. 2018–13835 Filed 6–26–18; 8:45 am] BILLING CODE 4165–15–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 23 RIN 0906–AB15 Removing Outmoded Regulations Regarding the National Health Service Corps Program Health Resources and Services Administration (HRSA), HHS. ACTION: Final rule. AGENCY: This action removes outmoded regulations for the National Health Service Corps (NHSC) Program. The regulations were promulgated to implement Section 338G of the Public Health Service (PHS) Act, relating to private practice loans. The regulations have not been updated since they were issued in 1986. The regulations are no longer relevant or needed as the NHSC has not made private practice loan opportunities available since the 1980s, and does not plan to do so in the foreseeable future. The removal of these regulations will not create any challenges for other programs, as the law and regulations apply solely to NHSC clinicians. DATES: This action is effective July 27, 2018. FOR FURTHER INFORMATION CONTACT: Sweta Maheshwari J.D., Legislative Analyst, Division of Policy and Shortage Designation, Bureau of Health Workforce, HRSA, 5600 Fishers Lane, Room 11W21A, Rockville, MD 20857, by phone at (301) 945–3527, or by email at smaheshwari@hrsa.gov. SUPPLEMENTARY INFORMATION: In response to Executive Order 13777 and Executive Order 13563, Sec. 6(a), which direct agencies to repeal existing nshattuck on DSK9F9SC42PROD with RULES SUMMARY: VerDate Sep<11>2014 14:30 Jun 26, 2018 Jkt 244001 regulations that are ‘‘outmoded’’ from the Code of Federal Regulations (CFR), HHS is removing 42 CFR part 23, subpart B (§§ 23.21 through 23.35) and subpart C (§ 23.41). Furthermore, HHS has determined that there is good cause to bypass notice and comment and proceed to a final rule, pursuant to 5 U.S.C. 553(b)(B). The action is noncontroversial, as it merely removes certain provisions from the CFR that are obsolete. Given the length of time (approximately 30 years) since the private practice loan provision has been utilized, it is HHS’s assessment that the agency is unlikely to receive any comments opposing the repeal of these regulations. Thus, a comment period prior to finalization of this rule is unnecessary. This rule poses no new substantive requirements or burdens on the public. Background In 1986, HHS issued implementing regulations, as directed in Section 338G of the PHS Act, specifying the interest rate and loan repayment terms for private practice special loans to former Corps members and interest rate and loan repayment terms for private practice start-up loans to NHSC scholarship recipients. The provision for Special Loans for Former Corps Members to Enter Private Practice authorized the Secretary to make a one-time loan up to $25,000 to a Corps member. In exchange, the Corps member reciprocated by committing to serve as a full-time private practice provider in a Health Professional Shortage Area (HPSA) for a minimum of two years. The intent of these regulations was to retain Corps members in HPSAs after the completion of their service obligation. The regulation is no longer relevant as the NHSC has not made such loan opportunities available since the 1980s and, therefore, no longer needs to set repayment terms for private practice start-up loans. HRSA does not intend to restart this loan program, as the NHSC program currently has a retention rate of 88%, making additional incentives unnecessary. Section 338G also authorizes Private Start-Up Loans. At the time the statute was enacted, only the NHSC Scholarship Program existed. Scholars were able to apply for up to $25,000 to purchase or lease the equipment and supplies needed for providing health services in their private practices. The intention of the program was to offer further incentives to recruit health professions students into the program. The regulation is no longer relevant since the NHSC has not made such loan opportunities available since the 1980s PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 and, therefore, no longer has need to set repayment terms for private practice start-up loans. Furthermore, the NHSC Scholarship Program is significantly oversubscribed, and no further incentives are necessary to recruit health professions students. Removing these regulations will not have an impact on the NHSC program. There is no specific appropriations authority to support Section 338G of the PHS Act; the authorization of appropriation at 338H supports all the activities under Subpart III (which includes the NHSC Loan Repayment and Scholarship Programs). The repeal of these regulations will not create any challenges for other programs, as the law and regulations apply solely to NHSC clinicians. Executive Orders 12866, 13563, 13771, and 13777 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13771 directs agencies to categorize all impacts which generate or alleviate costs associated with regulatory burden and to determine the actions net incremnatal effect. Section 3(f) of Executive Order 12866 defines a ‘‘significant regulatory action’’ as an action that is likely to result in a rule: (1) Having an annual effect on the economy of $100 million or more in any 1 year, or adversely and materially affecting a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or Tribal governments or communities (also referred to as ‘‘economically significant’’); (2) creating a serious inconsistency or otherwise interfering with an action taken or planned by another agency; (3) materially altering the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raising novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. A regulatory impact analysis (RIA) must be prepared for major rules with economically significant effects ($100 million or more in any 1 year). HHS submits that this final rule is not ‘‘economically significant’’ as measured by the $100 million threshold, and hence not a major rule under the E:\FR\FM\27JNR1.SGM 27JNR1 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations Congressional Review Act. This rule has not been designated as a ‘‘significant regulatory action’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB). Executive Order 13771, titled ‘‘Reducing Regulation and Controlling Regulatory Costs,’’ was issued on January 30, 2017. HHS identifies this final rule as a deregulatory action (removing an obsolete rule from the Code of Federal Regulations). For the purposes of Executive Order 13771, this final rule is not a substantive rule; rather it is administrative in nature and provides no cost savings. Executive Order 13777, titled ‘‘Enforcing the Regulatory Reform Agenda,’’ was issued on February 24, 2017. As required by Section 3 of this Executive Order, HHS established a Regulatory Reform Task Force (HHS Task Force). Pursuant to Section 3(d)(ii), the HHS Task Force evaluated this rulemaking and determined that these regulations are ‘‘outdated, unnecessary, or ineffective.’’ Following this finding, the HHS Task Force advised the HRSA Administrator to initiate this rulemaking to remove the obsolete regulations from the Code of Federal Regulations. Regulatory Flexibility Act This action will not have a significant economic impact on a substantial number of small entities. Therefore, the regulatory flexibility analysis provided for under the Regulatory Flexibility Act is not required. Paperwork Reduction Act This action does not affect any information collections. Dated: June 4, 2018. George Sigounas, Administrator, Health Resources and Services Administration. Approved: June 21, 2018. Alex M. Azar II, Secretary, Department of Health and Human Services. List of Subjects in 42 CFR Part 23 nshattuck on DSK9F9SC42PROD with RULES Health, Health professions. For reasons set out in the preamble, and under the authority at 5 U.S.C. 301, HHS amends 42 CFR part 23 as follows: PART 23—NATIONAL HEALTH SERVICE CORPS 1. The authority citation for part 23 continues to read as follows: ■ 14:30 Jun 26, 2018 Jkt 244001 Subparts B and C [Removed] 2. Remove subpart B, consisting of §§ 23.21 through 23.35, and subpart C, consisting of § 23.41. ■ [FR Doc. 2018–13837 Filed 6–26–18; 8:45 am] BILLING CODE 4165–15–P DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 130 RIN 0906–AB13 Removing Outmoded Regulations Regarding the Ricky Ray Hemophilia Relief Fund Program Health Resources and Services Administration, HHS. ACTION: Final rule. AGENCY: This action removes the outmoded regulations for the Ricky Ray Hemophilia Relief Fund Program. The program and its implementing regulation have been rendered obsolete by the statutory language in the authorizing legislation stating that the Fund should terminate on the expiration of the 5-year period beginning on the date of the enactment of the Act. The statute was enacted on November 12, 1998; thus, the fund expired on November 12, 2003. DATES: This action is effective July 27, 2018. FOR FURTHER INFORMATION CONTACT: Sweta Maheshwari J.D., Legislative Analyst, Division of Policy and Shortage Designation, Bureau of Health Workforce, HRSA, 5600 Fishers Lane, Room 11W21A, Rockville, MD 20857, by phone at (301) 945–3527, or by email at smaheshwari@hrsa.gov. SUPPLEMENTARY INFORMATION: In response to Executive Order 13563, Sec. 6(a), which urges agencies to repeal existing regulations that are outmoded from the Code of Federal Regulations (CFR), HHS is removing 42 CFR part 130. HHS believes that there is good cause to bypass notice and comment and proceed to a final rule, pursuant to 5 U.S.C. 553(b)(3)(B). The action is noncontroversial, as it merely removes a provision from the CFR that is obsolete. This rule poses no new substantive requirements on the public. SUMMARY: Background Authority: Secs. 333, 338E(c), and 338C(e)(1), Public Health Service Act. 90 Stat. 2272, as amended, 95 Stat. 905, 97 Stat. VerDate Sep<11>2014 1345 (42 U.S.C. 254f et seq.), 95 Stat. 912 (42 U.S.C. 254p(c)), 95 Stat. 910 (42 U.S.C. 254n(e)(1)). The Ricky Ray Hemophilia Relief Fund Act of 1998 (Pub. L. 105–369) established the Ricky Ray Hemophilia PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 30081 Relief Fund Program designed to provide payments to individuals with blood-clotting disorders, such as hemophilia, who contracted HIV through the use of antihemophilic factor administered between July 1, 1982, and December 31, 1987. The Act also provided for payments to certain persons who contracted HIV from an individual as described above and certain specified survivors. HHS promulgated 42 CFR part 130 to establish the proper regulatory framework for program implementation. The regulation can be conceptualized as four parts: The process for payment, the documentation required to prove eligibility, the petition process, and the reconsideration process. The Ricky Ray Hemophilia Relief Fund was authorized with a directive to pay $100,000 in compensation to eligible individuals. At that time, however, no funds were appropriated to implement this statute. In FY 2000, Congress appropriated $75 million and, in FY 2001, Congress appropriated $580 million, for a total of $655 million. The appropriated amounts provided sufficient funding to make compassionate payments on all eligible petitions received by the program. The program received over 6,000 petitions resulting in approved payments over $550 million. The statutory language in the authorizing legislation stated that the ‘‘Fund shall terminate upon the expiration of the 5-year period beginning on the date of the enactment of this Act.’’ The statute was enacted on November 12, 1998; thus, the fund expired on November 12, 2003. The program is no longer in effect or funded. The repeal of this regulation should not create any challenges for other programs, as the regulation was strictly for the implementation of the Ricky Ray Hemophilia Relief Fund program, which has not been in operation for almost 14 years. Executive Orders 12866, 13563, 13771, and 13777 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13771 directs agencies to categorize all impacts which generate or alleviate costs associated with regulatory burden and to determine the actions net incremnatal effect. E:\FR\FM\27JNR1.SGM 27JNR1

Agencies

[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30080-30081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13837]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Part 23

RIN 0906-AB15


Removing Outmoded Regulations Regarding the National Health 
Service Corps Program

AGENCY: Health Resources and Services Administration (HRSA), HHS.

ACTION: Final rule.

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

SUMMARY: This action removes outmoded regulations for the National 
Health Service Corps (NHSC) Program. The regulations were promulgated 
to implement Section 338G of the Public Health Service (PHS) Act, 
relating to private practice loans. The regulations have not been 
updated since they were issued in 1986. The regulations are no longer 
relevant or needed as the NHSC has not made private practice loan 
opportunities available since the 1980s, and does not plan to do so in 
the foreseeable future. The removal of these regulations will not 
create any challenges for other programs, as the law and regulations 
apply solely to NHSC clinicians.

DATES: This action is effective July 27, 2018.

FOR FURTHER INFORMATION CONTACT: Sweta Maheshwari J.D., Legislative 
Analyst, Division of Policy and Shortage Designation, Bureau of Health 
Workforce, HRSA, 5600 Fishers Lane, Room 11W21A, Rockville, MD 20857, 
by phone at (301) 945-3527, or by email at [email protected].

SUPPLEMENTARY INFORMATION: In response to Executive Order 13777 and 
Executive Order 13563, Sec. 6(a), which direct agencies to repeal 
existing regulations that are ``outmoded'' from the Code of Federal 
Regulations (CFR), HHS is removing 42 CFR part 23, subpart B 
(Sec. Sec.  23.21 through 23.35) and subpart C (Sec.  23.41). 
Furthermore, HHS has determined that there is good cause to bypass 
notice and comment and proceed to a final rule, pursuant to 5 U.S.C. 
553(b)(B). The action is non-controversial, as it merely removes 
certain provisions from the CFR that are obsolete. Given the length of 
time (approximately 30 years) since the private practice loan provision 
has been utilized, it is HHS's assessment that the agency is unlikely 
to receive any comments opposing the repeal of these regulations. Thus, 
a comment period prior to finalization of this rule is unnecessary. 
This rule poses no new substantive requirements or burdens on the 
public.

Background

    In 1986, HHS issued implementing regulations, as directed in 
Section 338G of the PHS Act, specifying the interest rate and loan 
repayment terms for private practice special loans to former Corps 
members and interest rate and loan repayment terms for private practice 
start-up loans to NHSC scholarship recipients.
    The provision for Special Loans for Former Corps Members to Enter 
Private Practice authorized the Secretary to make a one-time loan up to 
$25,000 to a Corps member. In exchange, the Corps member reciprocated 
by committing to serve as a full-time private practice provider in a 
Health Professional Shortage Area (HPSA) for a minimum of two years. 
The intent of these regulations was to retain Corps members in HPSAs 
after the completion of their service obligation. The regulation is no 
longer relevant as the NHSC has not made such loan opportunities 
available since the 1980s and, therefore, no longer needs to set 
repayment terms for private practice start-up loans. HRSA does not 
intend to restart this loan program, as the NHSC program currently has 
a retention rate of 88%, making additional incentives unnecessary.
    Section 338G also authorizes Private Start-Up Loans. At the time 
the statute was enacted, only the NHSC Scholarship Program existed. 
Scholars were able to apply for up to $25,000 to purchase or lease the 
equipment and supplies needed for providing health services in their 
private practices. The intention of the program was to offer further 
incentives to recruit health professions students into the program. The 
regulation is no longer relevant since the NHSC has not made such loan 
opportunities available since the 1980s and, therefore, no longer has 
need to set repayment terms for private practice start-up loans. 
Furthermore, the NHSC Scholarship Program is significantly 
oversubscribed, and no further incentives are necessary to recruit 
health professions students.
    Removing these regulations will not have an impact on the NHSC 
program. There is no specific appropriations authority to support 
Section 338G of the PHS Act; the authorization of appropriation at 338H 
supports all the activities under Subpart III (which includes the NHSC 
Loan Repayment and Scholarship Programs). The repeal of these 
regulations will not create any challenges for other programs, as the 
law and regulations apply solely to NHSC clinicians.

Executive Orders 12866, 13563, 13771, and 13777

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13771 directs agencies to categorize all impacts which generate 
or alleviate costs associated with regulatory burden and to determine 
the actions net incremnatal effect.
    Section 3(f) of Executive Order 12866 defines a ``significant 
regulatory action'' as an action that is likely to result in a rule: 
(1) Having an annual effect on the economy of $100 million or more in 
any 1 year, or adversely and materially affecting a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or Tribal governments or communities 
(also referred to as ``economically significant''); (2) creating a 
serious inconsistency or otherwise interfering with an action taken or 
planned by another agency; (3) materially altering the budgetary 
impacts of entitlement grants, user fees, or loan programs or the 
rights and obligations of recipients thereof; or (4) raising novel 
legal or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in the Executive Order.
    A regulatory impact analysis (RIA) must be prepared for major rules 
with economically significant effects ($100 million or more in any 1 
year). HHS submits that this final rule is not ``economically 
significant'' as measured by the $100 million threshold, and

[[Page 30081]]

hence not a major rule under the Congressional Review Act. This rule 
has not been designated as a ``significant regulatory action'' under 
Executive Order 12866. Accordingly, this rule has not been reviewed by 
the Office of Management and Budget (OMB).
    Executive Order 13771, titled ``Reducing Regulation and Controlling 
Regulatory Costs,'' was issued on January 30, 2017. HHS identifies this 
final rule as a deregulatory action (removing an obsolete rule from the 
Code of Federal Regulations). For the purposes of Executive Order 
13771, this final rule is not a substantive rule; rather it is 
administrative in nature and provides no cost savings.
    Executive Order 13777, titled ``Enforcing the Regulatory Reform 
Agenda,'' was issued on February 24, 2017. As required by Section 3 of 
this Executive Order, HHS established a Regulatory Reform Task Force 
(HHS Task Force). Pursuant to Section 3(d)(ii), the HHS Task Force 
evaluated this rulemaking and determined that these regulations are 
``outdated, unnecessary, or ineffective.'' Following this finding, the 
HHS Task Force advised the HRSA Administrator to initiate this 
rulemaking to remove the obsolete regulations from the Code of Federal 
Regulations.

Regulatory Flexibility Act

    This action will not have a significant economic impact on a 
substantial number of small entities. Therefore, the regulatory 
flexibility analysis provided for under the Regulatory Flexibility Act 
is not required.

Paperwork Reduction Act

    This action does not affect any information collections.

    Dated: June 4, 2018.
George Sigounas,
Administrator, Health Resources and Services Administration.

    Approved: June 21, 2018.
Alex M. Azar II,
Secretary, Department of Health and Human Services.

List of Subjects in 42 CFR Part 23

    Health, Health professions.

    For reasons set out in the preamble, and under the authority at 5 
U.S.C. 301, HHS amends 42 CFR part 23 as follows:

PART 23--NATIONAL HEALTH SERVICE CORPS

0
1. The authority citation for part 23 continues to read as follows:

    Authority: Secs. 333, 338E(c), and 338C(e)(1), Public Health 
Service Act. 90 Stat. 2272, as amended, 95 Stat. 905, 97 Stat. 1345 
(42 U.S.C. 254f et seq.), 95 Stat. 912 (42 U.S.C. 254p(c)), 95 Stat. 
910 (42 U.S.C. 254n(e)(1)).

Subparts B and C [Removed]

0
2. Remove subpart B, consisting of Sec. Sec.  23.21 through 23.35, and 
subpart C, consisting of Sec.  23.41.

[FR Doc. 2018-13837 Filed 6-26-18; 8:45 am]
BILLING CODE 4165-15-P
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