TRICARE: Prescribing of Physical Therapy, Occupational Therapy, and Speech Therapy by Other Allied Health Professionals Acting Within the Scope of Their License, 13855-13857 [2019-06795]

Download as PDF jbell on DSK30RV082PROD with PROPOSALS Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Proposed Rules recommended change(s). We appreciate any and all comments, but those most useful and likely to influence decisions on the final regulations will be those that either involve personal experience or include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent State or Federal laws or regulations, technical literature, or other relevant publications. We cannot ensure that comments received after the close of the comment period (see DATES) or sent to an address other than those listed (see ADDRESSES) will be included in the docket for this rulemaking and considered. a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record. Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Other Laws and Executive Orders Affecting Rulemaking When a State submits a program amendment to OSMRE for review, our regulations at 30 CFR 732.17(h) require us to publish a notice in the Federal Register indicating receipt of the proposed amendment, its text or a summary of its terms, and an opportunity for public comment. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule. Public Hearing If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.d.t. on April 23, 2019. If you are disabled and need reasonable accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing. To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard. Public Meeting If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request VerDate Sep<11>2014 16:27 Apr 05, 2019 Jkt 247001 IV. Procedural Determinations Executive Order 12866—Regulatory Planning and Review Pursuant to Office of Management and Budget (OMB) Guidance dated October 12, 1993, the approval of state program amendments is exempted from OMB review under Executive Order 12866. List of Subjects in 30 CFR Part 948 Intergovernmental relations, Surface mining, Underground mining. Dated: October 11, 2018. Thomas D. Shope, Regional Director, Appalachian Region. [FR Doc. 2019–06826 Filed 4–5–19; 8:45 am] 13855 The Department of Defense (DoD) proposes an amendment to the TRICARE regulation. Specifically, this proposed rule will allow coverage of otherwise authorized physical therapy (PT), occupational therapy (OT), and speech therapy (ST) for TRICARE beneficiaries when such services are prescribed by an authorized TRICARE Allied Health Professional acting within the scope of their license. DATES: Written comments received at the address indicated below by June 7, 2019 will be accepted. ADDRESSES: You may submit comments, identified by docket number and/or Regulatory Information Number (RIN) number and title, by either of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. • Mail: Department of Defense, Office of the Chief Management Officer, Directorate for Oversight and Compliance, Regulatory and Advisory Committee Division, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350–1700. Instructions: All submissions received must include the agency name and docket number or RIN for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the internet at https:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. SUMMARY: FOR FURTHER INFORMATION CONTACT: Amber Butterfield, Defense Health Agency, TRICARE Health Plan, Medical Benefits and Reimbursement Division, (303) 676–3565. SUPPLEMENTARY INFORMATION: BILLING CODE 4310–05–P I. Executive Summary and Overview A. Purpose of the Regulatory Action DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 199 [Docket ID: DOD–2017–HA–0058] RIN 0720–AB71 TRICARE: Prescribing of Physical Therapy, Occupational Therapy, and Speech Therapy by Other Allied Health Professionals Acting Within the Scope of Their License Office of the Secretary, Department of Defense. ACTION: Proposed rule. AGENCY: PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 This proposed rule will permit coverage of services prescribed by TRICARE-authorized individual allied health professionals for PT, OT, and ST. The current language of Title 32 Code of Federal Regulations (CFR), § 199.4(c)(3)(x) states that PT, OT, and ST may be cost-shared when services are prescribed and monitored by a physician, certified physician assistant, or certified nurse practitioner. In addition, 32 CFR 199.6(c)(3)(iii)(K)(2) currently states that the services of other individual paramedical providers, such as licensed registered PT, OT, and ST, can be considered for benefits on a feefor-service basis only if the beneficiary E:\FR\FM\08APP1.SGM 08APP1 13856 Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Proposed Rules This rule allows TRICARE coverage of otherwise authorized PT, OT, and ST services when prescribed by TRICARE authorized allied health professionals when the allied health professional is acting within the scope of his/her license. Once beneficiaries initiate an episode of care with an Other Allied Health Professional for a covered disease or condition, they need not return to their Primary Care Manager for an office visit to obtain an examination and referral for PT, OT, or ST services. Assuming two hours by appointment (appointment, travel, waiting room, exam room), beneficiaries will save approximately 20,000 hours each year by not having to visit their referring provider prior to seeking PT, OT, or ST services. Referring providers will also save time, approximately 2,200 hours (15 minutes for a podiatrist to consult with a referring provider regarding a PT prescription) each year, as a result of reduced coordination and paperwork. The proposed amendment to cover PT, OT, and ST services, when prescribed by a TRICARE-authorized Allied Health Professionals acting within the scope of their license, is not expected to increase the amount of otherwise covered PT, OT, and ST services. This is because prescriptions for such services are currently being written by those providers authorized to do so under the TRICARE program or those providers are countersigning prescriptions from Allied Health Professionals, such as a podiatrist. The DoD does anticipate, however, that there may be a marginal increase in administrative costs to accommodate changes to our contractors’ systems, although the overall result of this change will create an efficiency in the process. This proposed rule does not create new costs to the government, because it falls under the Transfer Payment clause in accordance with OMB Circular A–4. As this rule proposes, TRICARE payments for physical, occupational or speech therapy services provided to military beneficiaries and prescribed by Other Allied Health Professionals, represents an ‘‘Insurance Payment’’ as described in OMB Circular A–4. C. Expected Impact and Costs II. Regulatory Procedures The primary impact of this rule will result in less time and expense spent by beneficiaries and referring providers to obtain necessary medical services and supplies. Almost 10,000 beneficiaries visited a primary care provider after seeking care from a podiatrist, but prior to PT services, in 2017. With an average copay/cost-share of $24 across networks and TRICARE programs, this rule will conservatively save beneficiaries up to $230,000 per year in cost-sharing and will conservatively save TRICARE $1.1 million per year as a result of reduced visits to referring providers. Executive Order 12866, ‘‘Regulatory Planning and Review’’ and Executive Order 13563, ‘‘Improving Regulation and Regulatory Review’’ Executive Orders 13563 and 12866 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, distribute impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs is referred by a physician, certified physician assistant, or certified nurse practitioner and a physician, certified physician assistant, or certified nurse practitioner provides continuing and ongoing oversight and supervision of the program or episode of treatment provided by these individual paramedical providers. As a result, otherwise authorized PT, OT, and ST services for TRICARE beneficiaries are not covered benefits when other Allied Health Professionals, such as Doctors of Podiatry, even when acting within their scope of license, prescribe the services. State governments generally regulate the licensure and practice of health care professionals, and DoD limits TRICARE benefits coverage to services and supplies furnished by otherwise authorized TRICARE individual professional providers performing within the scope of their state licenses or certifications. State scope of practice laws vary with regard to the range of services, and some include the authority to prescribe PT, OT, and ST. After assessing the information available, DoD has determined that it is unnecessarily restrictive not to cover otherwise authorized PT, OT, and ST services for TRICARE beneficiaries merely because the services are ordered by a nonphysician. Therefore, the regulation is being amended to allow TRICARE coverage of PT, OT, and ST services when ordered by other Allied Health Professionals who are TRICARE authorized providers and acting within the scope of their state license or certificate. jbell on DSK30RV082PROD with PROPOSALS B. Summary of the Major Provisions of the Proposed Rule VerDate Sep<11>2014 16:27 Apr 05, 2019 Jkt 247001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This proposed rule has been designated a ‘‘significant regulatory action,’’ although not economically significant, under section 3(f) of Executive Order 12866. This proposed rule is not anticipated to have an annual effect on the economy of $100M or more. Accordingly, this rule has been reviewed by the Office of Management and Budget. Executive Order (E.O.) 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs’’ E.O. 13771 seeks to control costs associated with the government imposition of private expenditures required to comply with Federal regulations and to reduce regulations that impose such costs. Consistent with the analysis of transfer payments under OMB Circular A–4, this proposed rule does not involve regulatory costs subject to E.O. 13771. Congressional Review Act, 5 U.S.C. 804(2) Under the Congressional Review Act, a major rule may not take effect until at least 60 days after submission to Congress of a report regarding the rule. A major rule is one that would have an annual effect on the economy of $100M or more or have certain other impacts. This proposed rule is not a major rule under the Congressional Review Act. Public Law 96–354, ‘‘Regulatory Flexibility Act’’ (RFA), (5 U.S.C. 601) The Regulatory Flexibility Act (RFA) requires that each Federal agency analyze options for regulatory relief of small businesses if a rule has a significant impact on a substantial number of small entities. For purposes of the RFA, small entities include small businesses, nonprofit organizations, and small governmental jurisdictions. This proposed rule is not an economically significant regulatory action, and it will not have a significant impact on a substantial number of small entities. Therefore, it is certified that this rule is not subject to the requirements of the RFA. Public Law 104–4, Sec. 202, ‘‘Unfunded Mandates Reform Act’’ Section 202 of the Unfunded Mandates Reform Act of 1995, requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in, any one year of $100M, as of 1995 exchange rate, updated annually for inflation. That threshold level is E:\FR\FM\08APP1.SGM 08APP1 Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Proposed Rules currently approximately $140M. This proposed rule will not mandate any requirements for state, local, or tribal governments or the private sector. Public Law 96–511, ‘‘Paperwork Reduction Act’’ (44 U.S.C. Chapter 35) This rulemaking does not contain a ‘‘collection of information’’ requirement, and will not impose additional information collection requirements on the public under Public Law 96–511, ‘‘Paperwork Reduction Act’’ (44 U.S.C. chapter 35). Executive Order 13132, ‘‘Federalism’’ This proposed rule has been examined for its impact under Executive Order 13132, and it does not contain policies that have federalism implications that would have substantial direct effects on the States, on the relationship between the national Government and the States, or on the distribution of powers and responsibilities among the various levels of Government. Therefore, consultation with State and local officials is not required. List of Subjects in 32 CFR Part 199 Claims, Dental health, Health care, Health insurance, Individuals with disabilities, Military personnel. Accordingly, 32 CFR part 199 is proposed to be amended as follows: Authority: 5 U.S.C. 301; 10 U.S.C. Chapter 55. 2. Section 199.4 is amended by revising paragraph (c)(3)(x)(A) to read as follows: ■ Basic program benefits. jbell on DSK30RV082PROD with PROPOSALS * * * * (c) * * * (3) * * * (x) * * * (A) The services are prescribed and monitored by a physician or other TRICARE authorized allied health professional acting within the scope of their license. * * * * * ■ 3. Section 199.6 is amended by revising paragraph (c)(3)(iii)(K)(2) to read as follows: TRICARE-authorized providers. * * * * * (c) * * * (3) * * * (iii) * * * (K) * * * (2) The services of the following individual professional providers of VerDate Sep<11>2014 16:27 Apr 05, 2019 Jkt 247001 BILLING CODE 5001–06–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services RIN 0938–AT55 1. The authority citation for part 199 continues to read as follows: § 199.6 [FR Doc. 2019–06795 Filed 4–5–19; 8:45 am] [CMS–3355–N] ■ * Dated: April 2, 2019. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. 42 CFR Part 493 PART 199—[AMENDED] § 199.4 care, to be considered for benefits on a fee-for-service basis, may be provided only if the beneficiary is referred by a physician or other TRICARE authorized Allied Health Professional acting within the scope of their license and a physician or other TRICARE authorized Allied Health Professional acting within the scope of their license must also provide continuing and ongoing oversight and supervision of the program or episode of treatment provided by these individual paramedical providers. * * * * * Clinical Laboratory Improvement Amendments of 1988 (CLIA) Proficiency Testing Regulations Related to Analytes and Acceptable Performance; Extension of Comment Period Centers for Medicare & Medicaid Services (CMS), HHS; Centers for Disease Control and Prevention (CDC), HHS. ACTION: Proposed rule; extension of comment period. AGENCY: This document extends the comment period for the notice of proposed rulemaking with comment entitled ‘‘Clinical Laboratory Improvement Amendments of 1988 (CLIA) Proficiency Testing Regulations Related to Analytes and Acceptable Performance’’ that appeared in the February 4, 2019 Federal Register. The comment period for the proposed rule, which would end on April 5, 2019, is extended 60 days. DATES: The comment period for the proposed rule published February 4, 2019, at 84 FR 1536, is extended to 5 p.m., eastern daylight time, on June 4, 2019. ADDRESSES: You may submit comments as outlined in the February 4, 2019 SUMMARY: PO 00000 Frm 00044 Fmt 4702 Sfmt 9990 13857 proposed rule (84 FR 1536). Please choose only one method listed. FOR FURTHER INFORMATION CONTACT: Sarah Bennett, CMS, (410) 786–3531; or Nancy Anderson, CDC, (404) 498–2741. SUPPLEMENTARY INFORMATION: In the ‘‘Clinical Laboratory Improvement Amendments of 1988 (CLIA) Proficiency Testing Regulations Related to Analytes and Acceptable Performance’’ proposed rule that appeared in the February 4, 2019 Federal Register (84 FR 1536), we solicited public comments on proposed changes to current proficiency testing (PT) analytes, including acceptance limits, in addition to technical changes to the PT referral regulations to more closely align them with the CLIA statute. We received an inquiry from several PT programs regarding the 60-day comment period for the proposed rule. The commenters stated that providing all stakeholders additional time to review and comment would allow them to conduct a more comprehensive review in order to develop detailed responses to the technical aspects of this proposed rule given that it would represent the first comprehensive change to the PT regulations since the implementation of CLIA in 1992. In order to maximize the opportunity for the public to provide meaningful input to CMS and CDC, we believe that it is important to allow additional time for the public to prepare comments on the proposed rule. In addition, we believe that granting an extension to the public comment period in this instance would further our overall objective to obtain public input on the potential changes related to PT that we are considering. Therefore, we are extending the comment period for the proposed rule for an additional 60 days. Dated: March 29, 2019. Seema Verma, Administrator, Centers for Medicare & Medicaid Services. Dated: April 1, 2019. Robert Redfield, Director, Centers for Disease Control and Prevention and Administrator, Agency for Toxic Substances and Disease Registry. [FR Doc. 2019–06819 Filed 4–4–19; 8:45 am] BILLING CODE 4120–01–P E:\FR\FM\08APP1.SGM 08APP1

Agencies

[Federal Register Volume 84, Number 67 (Monday, April 8, 2019)]
[Proposed Rules]
[Pages 13855-13857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06795]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[Docket ID: DOD-2017-HA-0058]
RIN 0720-AB71


TRICARE: Prescribing of Physical Therapy, Occupational Therapy, 
and Speech Therapy by Other Allied Health Professionals Acting Within 
the Scope of Their License

AGENCY: Office of the Secretary, Department of Defense.

ACTION: Proposed rule.

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

SUMMARY: The Department of Defense (DoD) proposes an amendment to the 
TRICARE regulation. Specifically, this proposed rule will allow 
coverage of otherwise authorized physical therapy (PT), occupational 
therapy (OT), and speech therapy (ST) for TRICARE beneficiaries when 
such services are prescribed by an authorized TRICARE Allied Health 
Professional acting within the scope of their license.

DATES: Written comments received at the address indicated below by June 
7, 2019 will be accepted.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) number and title, by either of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Mail: Department of Defense, Office of the Chief 
Management Officer, Directorate for Oversight and Compliance, 
Regulatory and Advisory Committee Division, 4800 Mark Center Drive, 
Mailbox #24, Suite 08D09, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
internet at https://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Amber Butterfield, Defense Health 
Agency, TRICARE Health Plan, Medical Benefits and Reimbursement 
Division, (303) 676-3565.

SUPPLEMENTARY INFORMATION:

I. Executive Summary and Overview

A. Purpose of the Regulatory Action

    This proposed rule will permit coverage of services prescribed by 
TRICARE-authorized individual allied health professionals for PT, OT, 
and ST. The current language of Title 32 Code of Federal Regulations 
(CFR), Sec.  199.4(c)(3)(x) states that PT, OT, and ST may be cost-
shared when services are prescribed and monitored by a physician, 
certified physician assistant, or certified nurse practitioner. In 
addition, 32 CFR 199.6(c)(3)(iii)(K)(2) currently states that the 
services of other individual paramedical providers, such as licensed 
registered PT, OT, and ST, can be considered for benefits on a fee-for-
service basis only if the beneficiary

[[Page 13856]]

is referred by a physician, certified physician assistant, or certified 
nurse practitioner and a physician, certified physician assistant, or 
certified nurse practitioner provides continuing and ongoing oversight 
and supervision of the program or episode of treatment provided by 
these individual paramedical providers. As a result, otherwise 
authorized PT, OT, and ST services for TRICARE beneficiaries are not 
covered benefits when other Allied Health Professionals, such as 
Doctors of Podiatry, even when acting within their scope of license, 
prescribe the services.
    State governments generally regulate the licensure and practice of 
health care professionals, and DoD limits TRICARE benefits coverage to 
services and supplies furnished by otherwise authorized TRICARE 
individual professional providers performing within the scope of their 
state licenses or certifications. State scope of practice laws vary 
with regard to the range of services, and some include the authority to 
prescribe PT, OT, and ST. After assessing the information available, 
DoD has determined that it is unnecessarily restrictive not to cover 
otherwise authorized PT, OT, and ST services for TRICARE beneficiaries 
merely because the services are ordered by a non-physician. Therefore, 
the regulation is being amended to allow TRICARE coverage of PT, OT, 
and ST services when ordered by other Allied Health Professionals who 
are TRICARE authorized providers and acting within the scope of their 
state license or certificate.

B. Summary of the Major Provisions of the Proposed Rule

    This rule allows TRICARE coverage of otherwise authorized PT, OT, 
and ST services when prescribed by TRICARE authorized allied health 
professionals when the allied health professional is acting within the 
scope of his/her license.

C. Expected Impact and Costs

    The primary impact of this rule will result in less time and 
expense spent by beneficiaries and referring providers to obtain 
necessary medical services and supplies. Almost 10,000 beneficiaries 
visited a primary care provider after seeking care from a podiatrist, 
but prior to PT services, in 2017. With an average copay/cost-share of 
$24 across networks and TRICARE programs, this rule will conservatively 
save beneficiaries up to $230,000 per year in cost-sharing and will 
conservatively save TRICARE $1.1 million per year as a result of 
reduced visits to referring providers.
    Once beneficiaries initiate an episode of care with an Other Allied 
Health Professional for a covered disease or condition, they need not 
return to their Primary Care Manager for an office visit to obtain an 
examination and referral for PT, OT, or ST services. Assuming two hours 
by appointment (appointment, travel, waiting room, exam room), 
beneficiaries will save approximately 20,000 hours each year by not 
having to visit their referring provider prior to seeking PT, OT, or ST 
services. Referring providers will also save time, approximately 2,200 
hours (15 minutes for a podiatrist to consult with a referring provider 
regarding a PT prescription) each year, as a result of reduced 
coordination and paperwork.
    The proposed amendment to cover PT, OT, and ST services, when 
prescribed by a TRICARE-authorized Allied Health Professionals acting 
within the scope of their license, is not expected to increase the 
amount of otherwise covered PT, OT, and ST services. This is because 
prescriptions for such services are currently being written by those 
providers authorized to do so under the TRICARE program or those 
providers are countersigning prescriptions from Allied Health 
Professionals, such as a podiatrist. The DoD does anticipate, however, 
that there may be a marginal increase in administrative costs to 
accommodate changes to our contractors' systems, although the overall 
result of this change will create an efficiency in the process.
    This proposed rule does not create new costs to the government, 
because it falls under the Transfer Payment clause in accordance with 
OMB Circular A-4. As this rule proposes, TRICARE payments for physical, 
occupational or speech therapy services provided to military 
beneficiaries and prescribed by Other Allied Health Professionals, 
represents an ``Insurance Payment'' as described in OMB Circular A-4.

II. Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 13563 and 12866 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, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This proposed rule has been designated a ``significant 
regulatory action,'' although not economically significant, under 
section 3(f) of Executive Order 12866. This proposed rule is not 
anticipated to have an annual effect on the economy of $100M or more.
    Accordingly, this rule has been reviewed by the Office of 
Management and Budget.

Executive Order (E.O.) 13771, ``Reducing Regulation and Controlling 
Regulatory Costs''

    E.O. 13771 seeks to control costs associated with the government 
imposition of private expenditures required to comply with Federal 
regulations and to reduce regulations that impose such costs. 
Consistent with the analysis of transfer payments under OMB Circular A-
4, this proposed rule does not involve regulatory costs subject to E.O. 
13771.

Congressional Review Act, 5 U.S.C. 804(2)

    Under the Congressional Review Act, a major rule may not take 
effect until at least 60 days after submission to Congress of a report 
regarding the rule. A major rule is one that would have an annual 
effect on the economy of $100M or more or have certain other impacts.
    This proposed rule is not a major rule under the Congressional 
Review Act.

Public Law 96-354, ``Regulatory Flexibility Act'' (RFA), (5 U.S.C. 601)

    The Regulatory Flexibility Act (RFA) requires that each Federal 
agency analyze options for regulatory relief of small businesses if a 
rule has a significant impact on a substantial number of small 
entities. For purposes of the RFA, small entities include small 
businesses, nonprofit organizations, and small governmental 
jurisdictions. This proposed rule is not an economically significant 
regulatory action, and it will not have a significant impact on a 
substantial number of small entities. Therefore, it is certified that 
this rule is not subject to the requirements of the RFA.

Public Law 104-4, Sec. 202, ``Unfunded Mandates Reform Act''

    Section 202 of the Unfunded Mandates Reform Act of 1995, requires 
that agencies assess anticipated costs and benefits before issuing any 
rule whose mandates require spending in, any one year of $100M, as of 
1995 exchange rate, updated annually for inflation. That threshold 
level is

[[Page 13857]]

currently approximately $140M. This proposed rule will not mandate any 
requirements for state, local, or tribal governments or the private 
sector.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    This rulemaking does not contain a ``collection of information'' 
requirement, and will not impose additional information collection 
requirements on the public under Public Law 96-511, ``Paperwork 
Reduction Act'' (44 U.S.C. chapter 35).

Executive Order 13132, ``Federalism''

    This proposed rule has been examined for its impact under Executive 
Order 13132, and it does not contain policies that have federalism 
implications that would have substantial direct effects on the States, 
on the relationship between the national Government and the States, or 
on the distribution of powers and responsibilities among the various 
levels of Government. Therefore, consultation with State and local 
officials is not required.

List of Subjects in 32 CFR Part 199

    Claims, Dental health, Health care, Health insurance, Individuals 
with disabilities, Military personnel.

    Accordingly, 32 CFR part 199 is proposed to be amended as follows:

PART 199--[AMENDED]

0
1. The authority citation for part 199 continues to read as follows:

    Authority:  5 U.S.C. 301; 10 U.S.C. Chapter 55.

0
2. Section 199.4 is amended by revising paragraph (c)(3)(x)(A) to read 
as follows:


Sec.  199.4   Basic program benefits.

* * * * *
    (c) * * *
    (3) * * *
    (x) * * *
    (A) The services are prescribed and monitored by a physician or 
other TRICARE authorized allied health professional acting within the 
scope of their license.
* * * * *
0
3. Section 199.6 is amended by revising paragraph (c)(3)(iii)(K)(2) to 
read as follows:


Sec.  199.6   TRICARE-authorized providers.

* * * * *
    (c) * * *
    (3) * * *
    (iii) * * *
    (K) * * *
    (2) The services of the following individual professional providers 
of care, to be considered for benefits on a fee-for-service basis, may 
be provided only if the beneficiary is referred by a physician or other 
TRICARE authorized Allied Health Professional acting within the scope 
of their license and a physician or other TRICARE authorized Allied 
Health Professional acting within the scope of their license must also 
provide continuing and ongoing oversight and supervision of the program 
or episode of treatment provided by these individual paramedical 
providers.
* * * * *

    Dated: April 2, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2019-06795 Filed 4-5-19; 8:45 am]
 BILLING CODE 5001-06-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.