Update: Enrollment-Provision of Hospital and Outpatient Care to Medal of Honor Veterans, 7813-7815 [2019-03747]
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Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Rules and Regulations
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
2. In § 100.35(c), remove the text ‘‘33
U.S.C. 1233’’ and add in its place the
text ‘‘46 U.S.C. 70041’’.
i. Remove the text ‘‘the Ports and
Waterways Safety Act, 33 U.S.C. 1221–
1232’’ and add in its place the text ‘‘46
U.S.C. Chapter 700’’; and
■ ii. Remove the text ‘‘50 U.S.C. 191–
195’’ and add in its place the text ‘‘46
U.S.C. 70051–54’’.
§ 100.1401
§ 165.838
1.
§ 100.35
[Amended]
■
[Amended]
3. In § 100.1401(e), remove the text
‘‘33 U.S.C. 1233’’ and add in its place
the text ‘‘46 U.S.C. 70041’’.
■
■
[Amended]
10. Amend § 165.838 as follows:
a. In paragraph (b)(5), remove the text
‘‘the Ports and Waterways Safety Act, 33
U.S.C. 1221 et seq.’’ and add in its place
the text ‘‘46 U.S.C. Chapter 700’’.
■ b. In paragraph (i), remove the text
‘‘the Ports and Waterways Safety Act, 33
U.S.C. 1221 et seq.’’ and add in its place
the text ‘‘46 U.S.C. 70036 and 70041’’.
■
■
PART 110—ANCHORAGE
REGULATIONS
4. The authority citation for part 110
is revised to read as follows:
■
Authority: 33 U.S.C. 471, 2071, 46 U.S.C.
70034; 33 CFR 1.05–1; Department of
Homeland Security Delegation No. 0170.1.
5. In § 110.1a, revise the section
heading and paragraph (a) introductory
text to read as follows:
■
Dated: February 27, 2019.
Katia Kroutil,
Chief, Office of Regulations and
Administrative Law, U.S. Coast Guard.
[FR Doc. 2019–03856 Filed 3–4–19; 8:45 am]
BILLING CODE 9110–04–P
§ 110.1a Anchorages under Ports and
Waterways Safety provisions.
(a) The anchorages listed in this
section are regulated under 46 U.S.C.
Chapter 700, ‘‘Ports and Waterways
Safety’’:
*
*
*
*
*
DEPARTMENT OF VETERANS
AFFAIRS
PART 147—SAFETY ZONES
Update: Enrollment—Provision of
Hospital and Outpatient Care to Medal
of Honor Veterans
38 CFR Part 17
RIN 2900–AQ34
6. The authority citation for part 147
is revised to read as follows:
■
Authority: 14 U.S.C. 544; 43 U.S.C. 1333;
33 CFR 1.05–1; Department of Homeland
Security Delegation No. 0170.1.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
7. The authority citation for part 165
is revised to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
8. In part 165:
a. Revise all references to ‘‘33 U.S.C.
1226’’ to read ‘‘46 U.S.C. 70116’’.
■ b. Revise all references to ‘‘33 U.S.C.
1231’’ to read ‘‘46 U.S.C. 70034’’.
■ c. Revise all references to ‘‘33 U.S.C.
1232’’ to read ‘‘46 U.S.C. 70036’’.
■ d. Revise all references to ‘‘50 U.S.C.
191’’ to read ‘‘46 U.S.C. 70051’’.
■ e. Revise all references to ‘‘50 U.S.C.
192’’ to read ‘‘46 U.S.C. 70052’’.
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■
■
§ 165.9
[Amended]
9. Amend § 165.9 as follows:
a. In paragraph (b), remove the text
‘‘the Ports and Waterways Safety Act, 33
U.S.C. 1221–1232’’ and add in its place
the text ‘‘46 U.S.C. 70001–70041’’.
■ b. In paragraph (c):
■
■
VerDate Sep<11>2014
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Jkt 247001
Department of Veterans Affairs
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its medical
regulations governing eligibility for VA
health care and copayment
requirements to conform to recent
statutory changes. VA is changing its
enrollment criteria to move Medal of
Honor recipients from priority category
three to priority category one, and
exempting recipients of the Medal of
Honor from copayments for inpatient
care, outpatient care, medications, and
extended care services.
DATES: This final rule is effective on
March 5, 2019.
FOR FURTHER INFORMATION CONTACT:
Stacey Echols Sr., CP, FAC–P/PM,
Business Policy, VHA Member Services;
810 Vermont Avenue NW, Washington,
DC 20420; (404) 828–5281. (This is not
a toll-free number.)
SUPPLEMENTARY INFORMATION:
SUMMARY:
Enrollment Eligibility
Section 1705 of title 38, United States
Code (38 U.S.C. 1705), requires VA to
implement a national enrollment system
to manage the delivery of its health care
services and also contains priority
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7813
categories for determining eligibility for
enrollment in VA’s health care system.
In its original enactment, section 1705
did not include receipt of the Medal of
Honor as a criterion for eligibility in a
priority category. See Public Law 104–
262 (October 9, 1996). In 2010, Congress
amended section 1705 by adding Medal
of Honor recipients to priority category
three. See Public Law 111–163 (May 5,
2010). VA has implemented section
1705 in regulation at 38 Code of Federal
Regulations (CFR) 17.36.
In the Jeff Miller and Richard
Blumenthal Veterans Health Care and
Benefits Improvement Act of 2016,
Congress elevated Medal of Honor
recipients’ health care enrollment
eligibility from priority category three to
priority category one. Public Law (Pub.
L.) 114–315 (December 16, 2016).
This final rulemaking updates 38 CFR
17.36 to reflect the current statutory
requirement that VA place Medal of
Honor recipients in priority category
one. VA therefore is removing award of
the Medal of Honor as a criterion from
paragraph (b)(3) and inserting it as a
criterion in paragraph (b)(1).
Copayments
Several sections in Chapter 17 of title
38, U.S.C. require VA to collect
copayments from certain veterans for
various types of care and medication.
Section 1710 of 38 U.S.C., for example,
directs VA to provide hospital care and
medical services to numerous categories
of veterans, and requires VA to charge
certain categories of veterans
copayments for the care and services
provided. Section 1710B allows VA to
furnish extended care services to certain
categories of veterans, including several
categories who are not required to pay
copayments. Section 1722A requires VA
to charge copayments for medications,
excepting several categories of veterans
who are not required to pay
copayments. While Public Law 111–163
added Medal of Honor awardees to
Priority Group 3, it did not exempt these
veterans from VA copayment
requirements.
Section 603 of Public Law 114–315
amended 38 U.S.C. 1710(a)(2)(D),
1710B(c)(2), and 1722A(a)(3) to afford
Medal of Honor recipients specific
exemptions to the copayments required
for hospital care and medical services,
extended care services, and
medications. VA has regulated
copayments for the aforementioned
benefits at 38 CFR 17.108, 17.110, and
17.111. This final rulemaking adds
§§ 17.108(d)(13), 17.110(c)(11), and
17.111(f)(10) to reflect the statutory
changes exempting Medal of Honor
recipients from copayments for the
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Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Rules and Regulations
listed health care services and
medications.
Executive Order 12866, 13563, and
13771
Administrative Procedure Act
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 the Executive
Order.
The economic, interagency,
budgetary, legal, and policy
implications of this 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 website at https://
www.va.gov/orpm/, by following the
link for ‘‘VA Regulations Published
From FY 2004 Through Fiscal Year to
Date.’’ This rule is not an E.O. 13771
regulatory action because this rule is not
significant under E.O. 12866.
This final rule implements the
specific requirements mandated by
Public Law 114–315 that VA place
Medal of Honor recipients into priority
category one for purposes of enrollment
eligibility and exempt those veterans
from certain copayments. Accordingly,
because this rule simply incorporates
current statutory requirements, VA finds
there is good cause to exempt this rule
from the prior notice-and-comment and
delayed-effective-date requirements, in
accordance with 5 U.S.C. 553(b)(B) and
5 U.S.C. 553(d)(3).
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
Although 38 CFR 17.36 contains
provisions constituting collections of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521), no new or proposed revised
collections of information are associated
with this final rule. The information
collection requirements for § 17.36 are
currently approved by the Office of
Management and Budget (OMB) and
have been assigned OMB control
number 2900–0091.
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Regulatory Flexibility Act
The Regulatory Flexibility Act, 5
U.S.C. 601–612, is not applicable to this
rulemaking because notice of proposed
rulemaking is not required. 5 U.S.C.
601(2), 603(a), 604(a). In any event, the
Secretary hereby certifies that this rule
does not have a significant economic
impact on a substantial number of small
entities as they are defined in the
Regulatory Flexibility Act. This rule
directly affects only individuals and
does 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.
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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;
64.011, Veterans Dental Care; 64.012,
Veterans Prescription Service; 64.013,
Veterans Prosthetic Appliances; 64.014,
Veterans State Domiciliary Care; 64.015,
Veterans State Nursing Home Care;
64.018, Sharing Specialized Medical
Resources; 64.019, Veterans
Rehabilitation Alcohol and Drug
Dependence; 64.022, Veterans Home
Based Primary Care; and 64.024, VA
Homeless Providers Grant and Per Diem
Program.
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.
Signing Authority
The Secretary of Veterans Affairs
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. Robert L. Wilkie,
Secretary, Department of Veterans
Affairs, approved this document on
February 26, 2019, for publication.
Unfunded Mandates
Dated: February 26, 2019.
Consuela Benjamin,
Regulations Development Coordinator, Office
of Regulation Policy & Management, Office
of the Secretary, Department of Veterans
Affairs.
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
For the reasons stated in the
preamble, Department of Veterans
Affairs amends 38 CFR part 17 as
follows:
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Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Rules and Regulations
5. Amend § 17.111 by adding
paragraph (f)(10) to read as follows:
■
PART 17—MEDICAL
1. The authority citation for part 17
continues to read in part as follows:
■
Authority: 38 U.S.C. 501, and as noted in
specific sections.
*
*
*
*
*
2. Amend § 17.36 by revising
paragraphs (b)(1) and (3) to reads as
follows:
■
*
*
*
*
*
(b) * * *
(1) Veterans with a singular or
combined rating of 50 percent or greater
based on one or more service-connected
disabilities or unemployability; and
veterans awarded the Medal of Honor.
*
*
*
*
*
(3) Veterans who are former prisoners
of war; veterans awarded the Purple
Heart; veterans with a singular or
combined rating of 10 percent or 20
percent based on one or more serviceconnected disabilities; veterans who
were discharged or released from active
military service for a disability incurred
or aggravated in the line of duty;
veterans who receive disability
compensation under 38 U.S.C. 1151;
veterans whose entitlement to disability
compensation is suspended pursuant to
38 U.S.C. 1151, but only to the extent
that such veterans’ continuing eligibility
for that care is provided for in the
judgment or settlement described in 38
U.S.C. 1151; veterans whose entitlement
to disability compensation is suspended
because of the receipt of military retired
pay; and veterans receiving
compensation at the 10 percent rating
level based on multiple
noncompensable service-connected
disabilities that clearly interfere with
normal employability.
*
*
*
*
*
■ 3. Amend § 17.108 by adding
paragraph (d)(13) to read as follows:
§ 17.108 Copayments for inpatient hospital
care and outpatient medical care.
*
*
*
*
(d) * * *
(13) A veteran who was awarded the
Medal of Honor.
*
*
*
*
*
■ 4. Amend § 17.110 by adding
paragraph (c)(11) to read as follows:
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*
Copayments for medications.
*
*
*
*
*
(c) * * *
(11) Medication for a veteran who was
awarded the Medal of Honor.
*
*
*
*
*
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Jkt 247001
*
*
*
*
*
(f) * * *
(10) A veteran who was awarded the
Medal of Honor.
*
*
*
*
*
[FR Doc. 2019–03747 Filed 3–4–19; 8:45 am]
§ 17.36 Enrollment—provision of hospital
and outpatient care to veterans.
§ 17.110
§ 17.111 Copayments for extended care
services.
BILLING CODE 8320–01–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3020
[Docket Nos. MC2010–21 and CP2010–36]
Update to Product List
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
The Commission is updating
the competitive product list. This action
reflects a publication policy adopted by
Commission order. The referenced
policy assumes periodic updates. The
updates are identified in the body of
this document. The competitive product
list, which is re-published in its
entirety, include these updates.
DATES: Effective Date: March 5, 2019.
For applicability dates, see
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6800.
SUPPLEMENTARY INFORMATION:
Applicability Dates: October 16, 2018,
Priority Mail Contract 466 (MC2019–1
and CP2019–1); October 17, 2018,
Priority Mail Contract 467 (MC2019–2
and CP2019–2); October 25, 2018,
Priority Mail Contract 468 (MC2019–5
and CP2019–4); October 25, 2018,
Priority Mail Contract 470 (MC2019–7
and CP2019–6); October 25, 2018,
Priority Mail Contract 469 (MC2019–6
and CP2019–5); October 26, 2018,
Priority Mail Contract 471 (MC2019–8
and CP2019–7); October 26, 2018,
Priority Mail Express & Priority Mail
Contract 73 (MC2019–9 and CP2019–8);
October 26, 2018, Priority Mail Express
& Priority Mail Contract 74 (MC2019–10
and CP2019–9); November 16, 2018,
Priority Mail Contract 472 (MC2019–11
and CP2019–10); November 21, 2018,
Priority Mail Contract 473 (MC2019–12
and CP2019–12); November 21, 2018,
First-Class Package Service Contract 95
(MC2019–13 and CP2019–13);
November 21, 2018, Priority Mail
Contract 474 (MC2019–14 and CP2019–
14); November 21, 2018, Priority Mail &
First-Class Package Service Contract 90
SUMMARY:
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7815
(MC2019–15 and CP2019–15);
November 21, 2018, Priority Mail
Express & Priority Mail Contract 75
(MC2019–16 and CP2019–16);
November 27, 2018, Priority Mail
Contract 475 (MC2019–18 and CP2019–
18); November 27, 2018, Priority Mail
Contract 477 (MC2019–20 and CP2019–
20); November 27, 2018, Priority Mail
Contract 476 (MC2019–19 and CP2019–
19); November 28, 2018, Priority Mail
Express, Priority Mail & First-Class
Package Service Contract 46 (MC2019–
21 and CP2019–21); November 29, 2018,
Priority Mail Express, Priority Mail &
First-Class Package Service Contract 47
(MC2019–22 and CP2019–23);
November 29, 2018, Priority Mail
Express Contract 66 (MC2019–24 and
CP2019–25); November 29, 2018,
Priority Mail Contract 478 (MC2019–23
and CP2019–24); November 29, 2018,
Priority Mail Express Contract 67
(MC2019–25 and CP2019–26);
November 30, 2018, Priority Mail
Contract 479 (MC2019–26 and CP2019–
27); November 30, 2018, Priority Mail
Contract 480 (MC2019–27 and CP2019–
28); November 30, 2018, Priority Mail
Contract 481 (MC2019–28 and CP2019–
29); November 30, 2018, Priority Mail
Contract 482 (MC2019–29 and CP2019–
30); November 30, 2018, Priority Mail
Contract 483 (MC2019–30 and CP2019–
31); December 7, 2018, First-Class
Package Service Contract 96 (MC2019–
33 and CP2019–34); December 7, 2018,
Priority Mail Express & Priority Mail
Contract 76 (MC2019–34 and CP2019–
35); December 7, 2018, Priority Mail
Express & Priority Mail Contract 77
(MC2019–35 and CP2019–36);
December 7, 2018, Priority Mail
Contract 484 (MC2019–31 and CP2019–
32); December 7, 2018, Priority Mail
Express Contract 68 (MC2019–32 and
CP2019–33); December 11, 2018,
Priority Mail Contract 485 (MC2019–36
and CP2019–38); December 11, 2018,
Priority Mail Contract 486 (MC2019–37
and CP2019–39); December 18, 2018,
Priority Mail Contract 487 (MC2019–38
and CP2019–40); December 18, 2018,
Priority Mail Contract 488 (MC2019–39
and CP2019–41); December 18, 2018,
Priority Mail Contract 489 (MC2019–40
and CP2019–42); December 20, 2018,
Priority Mail Contract 490 (MC2019–41
and CP2019–44); December 20, 2018,
Priority Mail Contract 491 (MC2019–42
and CP2019–45); December 20, 2018,
Priority Mail Contract 492 (MC2019–43
and CP2019–46); December 20, 2018,
Priority Mail Contract 493 (MC2019–44
and CP2019–47); December 20, 2018,
Priority Mail Contract 494 (MC2019–45
and CP2019–48); December 21, 2018,
Priority Mail & First-Class Package
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]]>Agencies
[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Rules and Regulations]
[Pages 7813-7815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03747]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AQ34
Update: Enrollment--Provision of Hospital and Outpatient Care to
Medal of Honor Veterans
AGENCY: Department of Veterans Affairs
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending its
medical regulations governing eligibility for VA health care and
copayment requirements to conform to recent statutory changes. VA is
changing its enrollment criteria to move Medal of Honor recipients from
priority category three to priority category one, and exempting
recipients of the Medal of Honor from copayments for inpatient care,
outpatient care, medications, and extended care services.
DATES: This final rule is effective on March 5, 2019.
FOR FURTHER INFORMATION CONTACT: Stacey Echols Sr., CP, FAC-P/PM,
Business Policy, VHA Member Services; 810 Vermont Avenue NW,
Washington, DC 20420; (404) 828-5281. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION:
Enrollment Eligibility
Section 1705 of title 38, United States Code (38 U.S.C. 1705),
requires VA to implement a national enrollment system to manage the
delivery of its health care services and also contains priority
categories for determining eligibility for enrollment in VA's health
care system. In its original enactment, section 1705 did not include
receipt of the Medal of Honor as a criterion for eligibility in a
priority category. See Public Law 104-262 (October 9, 1996). In 2010,
Congress amended section 1705 by adding Medal of Honor recipients to
priority category three. See Public Law 111-163 (May 5, 2010). VA has
implemented section 1705 in regulation at 38 Code of Federal
Regulations (CFR) 17.36.
In the Jeff Miller and Richard Blumenthal Veterans Health Care and
Benefits Improvement Act of 2016, Congress elevated Medal of Honor
recipients' health care enrollment eligibility from priority category
three to priority category one. Public Law (Pub. L.) 114-315 (December
16, 2016).
This final rulemaking updates 38 CFR 17.36 to reflect the current
statutory requirement that VA place Medal of Honor recipients in
priority category one. VA therefore is removing award of the Medal of
Honor as a criterion from paragraph (b)(3) and inserting it as a
criterion in paragraph (b)(1).
Copayments
Several sections in Chapter 17 of title 38, U.S.C. require VA to
collect copayments from certain veterans for various types of care and
medication. Section 1710 of 38 U.S.C., for example, directs VA to
provide hospital care and medical services to numerous categories of
veterans, and requires VA to charge certain categories of veterans
copayments for the care and services provided. Section 1710B allows VA
to furnish extended care services to certain categories of veterans,
including several categories who are not required to pay copayments.
Section 1722A requires VA to charge copayments for medications,
excepting several categories of veterans who are not required to pay
copayments. While Public Law 111-163 added Medal of Honor awardees to
Priority Group 3, it did not exempt these veterans from VA copayment
requirements.
Section 603 of Public Law 114-315 amended 38 U.S.C. 1710(a)(2)(D),
1710B(c)(2), and 1722A(a)(3) to afford Medal of Honor recipients
specific exemptions to the copayments required for hospital care and
medical services, extended care services, and medications. VA has
regulated copayments for the aforementioned benefits at 38 CFR 17.108,
17.110, and 17.111. This final rulemaking adds Sec. Sec.
17.108(d)(13), 17.110(c)(11), and 17.111(f)(10) to reflect the
statutory changes exempting Medal of Honor recipients from copayments
for the
[[Page 7814]]
listed health care services and medications.
Administrative Procedure Act
This final rule implements the specific requirements mandated by
Public Law 114-315 that VA place Medal of Honor recipients into
priority category one for purposes of enrollment eligibility and exempt
those veterans from certain copayments. Accordingly, because this rule
simply incorporates current statutory requirements, VA finds there is
good cause to exempt this rule from the prior notice-and-comment and
delayed-effective-date requirements, in accordance with 5 U.S.C.
553(b)(B) and 5 U.S.C. 553(d)(3).
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
Although 38 CFR 17.36 contains provisions constituting collections
of information under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3521), no new or proposed revised collections of information are
associated with this final rule. The information collection
requirements for Sec. 17.36 are currently approved by the Office of
Management and Budget (OMB) and have been assigned OMB control number
2900-0091.
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601-612, is not applicable
to this rulemaking because notice of proposed rulemaking is not
required. 5 U.S.C. 601(2), 603(a), 604(a). In any event, the Secretary
hereby certifies that this rule does not have a significant economic
impact on a substantial number of small entities as they are defined in
the Regulatory Flexibility Act. This rule directly affects only
individuals and does 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 Order 12866, 13563, and 13771
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 the Executive Order.
The economic, interagency, budgetary, legal, and policy
implications of this 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 website at
https://www.va.gov/orpm/, by following the link for ``VA Regulations
Published From FY 2004 Through Fiscal Year to Date.'' This rule is not
an E.O. 13771 regulatory action because this rule is not significant
under E.O. 12866.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any 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; 64.011, Veterans
Dental Care; 64.012, Veterans Prescription Service; 64.013, Veterans
Prosthetic Appliances; 64.014, Veterans State Domiciliary Care; 64.015,
Veterans State Nursing Home Care; 64.018, Sharing Specialized Medical
Resources; 64.019, Veterans Rehabilitation Alcohol and Drug Dependence;
64.022, Veterans Home Based Primary Care; and 64.024, VA Homeless
Providers Grant and Per Diem Program.
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.
Signing Authority
The Secretary of Veterans Affairs 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. Robert L.
Wilkie, Secretary, Department of Veterans Affairs, approved this
document on February 26, 2019, for publication.
Dated: February 26, 2019.
Consuela Benjamin,
Regulations Development Coordinator, Office of Regulation Policy &
Management, Office of the Secretary, Department of Veterans Affairs.
For the reasons stated in the preamble, Department of Veterans
Affairs amends 38 CFR part 17 as follows:
[[Page 7815]]
PART 17--MEDICAL
0
1. The authority citation for part 17 continues to read in part as
follows:
Authority: 38 U.S.C. 501, and as noted in specific sections.
* * * * *
0
2. Amend Sec. 17.36 by revising paragraphs (b)(1) and (3) to reads as
follows:
Sec. 17.36 Enrollment--provision of hospital and outpatient care to
veterans.
* * * * *
(b) * * *
(1) Veterans with a singular or combined rating of 50 percent or
greater based on one or more service-connected disabilities or
unemployability; and veterans awarded the Medal of Honor.
* * * * *
(3) Veterans who are former prisoners of war; veterans awarded the
Purple Heart; veterans with a singular or combined rating of 10 percent
or 20 percent based on one or more service-connected disabilities;
veterans who were discharged or released from active military service
for a disability incurred or aggravated in the line of duty; veterans
who receive disability compensation under 38 U.S.C. 1151; veterans
whose entitlement to disability compensation is suspended pursuant to
38 U.S.C. 1151, but only to the extent that such veterans' continuing
eligibility for that care is provided for in the judgment or settlement
described in 38 U.S.C. 1151; veterans whose entitlement to disability
compensation is suspended because of the receipt of military retired
pay; and veterans receiving compensation at the 10 percent rating level
based on multiple noncompensable service-connected disabilities that
clearly interfere with normal employability.
* * * * *
0
3. Amend Sec. 17.108 by adding paragraph (d)(13) to read as follows:
Sec. 17.108 Copayments for inpatient hospital care and outpatient
medical care.
* * * * *
(d) * * *
(13) A veteran who was awarded the Medal of Honor.
* * * * *
0
4. Amend Sec. 17.110 by adding paragraph (c)(11) to read as follows:
Sec. 17.110 Copayments for medications.
* * * * *
(c) * * *
(11) Medication for a veteran who was awarded the Medal of Honor.
* * * * *
0
5. Amend Sec. 17.111 by adding paragraph (f)(10) to read as follows:
Sec. 17.111 Copayments for extended care services.
* * * * *
(f) * * *
(10) A veteran who was awarded the Medal of Honor.
* * * * *
[FR Doc. 2019-03747 Filed 3-4-19; 8:45 am]
BILLING CODE 8320-01-P
