VHA Claims and Appeals Modernization, 10118-10120 [2020-03432]
Download as PDF
<![CDATA[
khammond on DSKJM1Z7X2PROD with PROPOSALS
10118
Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / Proposed Rules
(ii) The PoC intended use must
include the following information:
(A) That distribution of the test is
limited to clinical laboratories that have
an adequate quality assurance program,
including planned systematic activities
that provide adequate confidence that
requirements for quality will be met and
where there is assurance that operators
will receive and use the instructional
materials.
(B) That the test is for use only by an
agent of a clinical laboratory.
(C) That individuals must receive the
‘‘Subject Information Notice’’ prior to
specimen collection and appropriate
information when test results are
provided.
(iii) PoC labeling must include
instructions to follow current guidelines
for informing the individual of the test
result and its interpretation.
(iv) The instructions must state that
reactive results are considered
preliminary and should be confirmed
following current guidelines.
(v) Device verification and validation
for the PoC claim must include:
(A) Detailed documentation from a
well-conducted multisite clinical study.
Performance must be analyzed relative
to an FDA cleared or approved
comparator. This study must be
conducted using patient samples, with
appropriate numbers of HIV positive
and HIV negative samples in applicable
risk categories. Additional subgroup or
type claims must be validated using
appropriate numbers and types of
samples. The samples may be a
combination of fresh and repository
samples, sourced from within and
outside the United States, as
appropriate. If the test is intended solely
for PoC use, the test must meet only the
performance criteria in paragraphs
(b)(2)(v)(A)(1) and (2) of this section and
not the criteria in paragraph (b)(2)(ii)(F)
of this section:
(1) Clinical sensitivity of the test must
have a lower bound of the 95 percent
confidence interval of greater than or
equal to 98 percent.
(2) Clinical specificity of the test must
have a lower bound of the 95 percent
confidence interval of greater than or
equal to 98 percent.
(B) Premarket notification
submissions must include the
information contained in paragraph
(b)(2)(v)(A) of this section.
(3) If the test is intended for
supplemental use in addition to use as
an aid in initial diagnosis, the following
special controls, in addition to those
listed in paragraphs (b)(1) and (2) of this
section, as appropriate, apply:
(i) For the additional supplemental
claim, a clinical study must be
VerDate Sep<11>2014
16:42 Feb 20, 2020
Jkt 250001
performed that includes samples that
were initially reactive and repeatedly
reactive on a diagnostic test but were
negative or indeterminate on a
confirmatory test.
(ii) The intended use must include a
statement that the test is intended for
use as an additional test to confirm the
presence of HIV viral nucleic acid in
specimens found to be repeatedly
reactive by a diagnostic screening test.
(4) If the test is intended solely as a
supplemental test, the following special
controls, in addition to those listed in
paragraphs (b)(1) and (2) of this section,
except those in paragraphs(b)(1)(ii)(F)
and (b)(2)(v)(A) of this section, as
appropriate, apply:
(i) The labeling must include a
statement that the test is intended for
use as an additional test to confirm the
presence of HIV viral nucleic acid in
specimens found to be repeatedly
reactive by a diagnostic screening test.
(ii) The labeling must clearly state
that the test is not for use for initial
diagnosis or is not intended as a firstline test.
(iii) A clinical study must be
performed that includes samples that
were initially reactive and repeatedly
reactive on a diagnostic test but were
negative or indeterminate on a
confirmatory test.
(5) If the test is intended to
differentiate different HIV types, the
following special controls, in addition
to those listed in paragraphs (b)(1)
through (4) of this section, as
appropriate, apply:
(i) The labeling must include the
statement that the test is intended for
the confirmation of initial results and
differentiation of different HIV types.
(ii) Analytical and clinical sensitivity
and specificity for each of the types,
strains, and subtypes of HIV intended to
be differentiated must be evaluated.
(iii) The results interpretation must
include instructions for the user on how
to interpret the results, including untypeable and co-infection results.
Dated: February 18, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020–03515 Filed 2–20–20; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 17 and 70
RIN 2900–AQ44
VHA Claims and Appeals
Modernization
AGENCY:
PO 00000
Department of Veterans Affairs.
Frm 00023
Fmt 4702
Sfmt 4702
ACTION:
Proposed rule.
The Department of Veterans
Affairs (VA) proposes to amend its
regulations concerning its claims and
appeals process governing various
programs administrated by the Veterans
Health Administration (VHA). The
Veterans Appeals Improvement and
Modernization Act of 2017 (AMA)
amended the procedures applicable to
administrative review and appeal of VA
decisions on claims for benefits,
creating a new, modernized review
system. This rulemaking proposes
amendments to sunset certain VHA
regulations which are inconsistent with
AMA.
DATES: Comments must be received on
or before April 21, 2020.
FOR FURTHER INFORMATION CONTACT: Erik
Shepherd, Program Specialist, Office of
Regulatory and Administrative Affairs,
Department of Veterans Affairs, 810
Vermont Ave. NW, Washington, DC
20420, (202) 461–9596 (This is not a
toll-free number.).
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to Director, Office of Regulation
Policy and Management (00REG),
Department of Veterans Affairs, 810
Vermont Avenue NW, Room 1064,
Washington, DC 20420; or by fax to
(202) 273–9026. Comments should
indicate that they are submitted in
response to [RIN 2900–AQ44 VHA
Appeals Modernization.] Copies of
comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1064, between the hours of 8:00
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 461–4902 for an appointment.
(This is not a toll-free number.) In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at www.Regulations.gov.
SUPPLEMENTARY INFORMATION: Public
Law 115–55, the Veterans Appeals
Improvement and Modernization Act of
2017 (AMA), changes the processes by
which veterans seek review of VA
benefits decisions. VA has implemented
the AMA in a rulemaking that is
generally applicable to benefits
administered throughout VA, to include
benefits administered by the Veterans
Health Administration (VHA). VA
Claims and Appeals Modernization, 84
FR 138, 172 (Jan. 18, 2019). That
rulemaking specifically provides,
‘‘unless otherwise specified in this final
rule, VA amends its regulations
applicable to all claims processed under
SUMMARY:
E:\FR\FM\21FEP1.SGM
21FEP1
Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
the new review system, which generally
applies where an initial VA decision on
a claim is provided on or after the
effective date or where a claimant has
elected to opt into the new review
system under established procedures.’’
84 FR 138.
However, the VA Claims and Appeals
Modernization regulatory amendments
did not explicitly revise or remove VHA
specific regulations which are
inconsistent with AMA. In this
rulemaking, VA proposes to sunset
multiple VHA regulations that are
inconsistent with the AMA and the VA
Claim and Appeals Modernization
regulatory amendments. Because the
AMA and VA’s January 2019 regulations
apply to VHA, these proposed
conforming changes to part 17 will not
change the procedures VHA currently
follows under the AMA.
First, the authority to reconsider a
VHA decision, which is established
under VHA’s regulations at 38 CFR
17.133, 17.276, 17.904, and 17.1006 and
38 CFR 70.40, is inconsistent with the
specific differentiated lanes for seeking
review of a VA decision that are
established by AMA and implemented
in the VA Claims and Appeals
Modernization regulatory amendments,
particularly the closed record
requirement for higher level review. To
conform VHA’s regulations to the
procedures applicable under AMA and
implementing regulations, VA proposes
to amend §§ 17.133, 17.276, 17.904,
17.1006, and 70.40 to make clear that
VHA reconsideration is available only
in legacy claims, as defined in Part 3
and 20 of this title.
Similarly, VHA proposes to revise 38
CFR 17.132 regarding appeals of VHA
decisions on certain requests for
payment or reimbursement for care
rendered in the community. Section
17.132 affords only one avenue for
disputing a VA decision regarding
payment or reimbursement, appeal to
the Board of Veterans’ Appeals. For
payment requests covered by AMA and
implementing regulations, this is
inconsistent with the three distinct
lanes established by that law. Thus,
VHA proposes to revise § 17.132 to
clarify that it will apply only to
payment decisions made for legacy
claims as described above.
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
proposed rule only affects procedures
regarding the appeals process; it does
not affect the cost of filing an appeal nor
any amount duly owed to a small entity.
Therefore, pursuant to 5 U.S.C. 605(b),
the initial and final regulatory flexibility
analysis requirements of 5 U.S.C. 603
and 604 do not apply.
Executive Orders 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. The Office of
Information and Regulatory Affairs has
determined that this rule is 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 FYTD.
This rule is not expected to be subject
to the requirements of Executive Order
13771 because this rulemaking is
expected to result in no more than de
minimis costs.
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).
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 proposed rule would
have no such effect on State, local, and
tribal governments, or on the private
sector.
Regulatory Flexibility Act
The Secretary hereby certifies that
this proposed rule would not have a
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers and titles for the
VerDate Sep<11>2014
16:42 Feb 20, 2020
Jkt 250001
PO 00000
Frm 00024
Fmt 4702
Sfmt 4702
10119
programs affected by this document are
64.009—Veterans Medical Care Benefits;
64.039—CHAMPVA.
List of Subjects in 38 CFR Parts 17 and
70
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug
abuse, Foreign relations, 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, Philippines, Reporting
and recordkeeping requirements,
Scholarships and fellowships, Travel
and transportation expenses, Veterans.
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.
Pamela Powers, Chief of Staff,
Department of Veterans Affairs,
approved this document on January 10,
2020, for publication.
Consuela Benjamin,
Regulations Development Coordinator, Office
of Regulation Policy & Management, Office
of the Secretary, Department of Veterans
Affairs.
For the reasons set out in the
preamble, VA proposes to amend 38
CFR parts 17 and 70 as set forth below:
PART 17—MEDICAL
1. The authority citation for part 17
continues to read as follows:
■
Authority: 38 U.S.C. 501, and as noted in
specific sections.
*
*
*
*
*
2. Amend § 17.132 by:
■ a. Designating the text as paragraph
(b); and
■ b. Adding paragraph (a).
The addition to read as follows:
■
§ 17.132
Appeals.
(a) This section applies only to legacy
claims.
*
*
*
*
*
■ 3. Amend § 17.133 by revising
paragraph (a) to read as follows:
§ 17.133
Procedures.
(a) Scope. This section sets forth
reconsideration procedures regarding
claims for benefits administered by the
Veterans Health Administration (VHA).
E:\FR\FM\21FEP1.SGM
21FEP1
10120
Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / Proposed Rules
This section applies only to legacy
claims.
*
*
*
*
*
■ 4. Amend § 17.276 by:
■ a. Designating the text as paragraph
(b); and
■ b. Adding paragraph (a).
The addition to read as follows:
§ 17.276
Appeal/Review Process
(a) This section applies only to legacy
claims.
*
*
*
*
*
■ 5. Amend § 17.904 by:
■ a. Designating the text as paragraph
(b); and
■ b. Adding paragraph (a).
The addition to read as follows:
§ 17.904
DATES:
Comments are due: March 23,
2020.
For additional information,
Order No. 5433 can be accessed
electronically through the Commission’s
website at https://www.prc.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Review and Appeal Process
David A. Trissell, General Counsel, at
202–789–6820.
(a) This section applies only to legacy
claims.
*
*
*
*
*
SUPPLEMENTARY INFORMATION:
§ 17.1006
Table of Contents
[Amended].
6. Amend § 17.1006 by removing the
words ‘‘reconsideration and’’ from the
last sentence.
■
1. The authority citation for part 70
continues to read as follows:
■
Authority: 38 U.S.C. 101, 111, 111A, 501,
1701, 1714, 1720, 1728, 1782, 1783, and E.O.
11302, 31 FR 11741, 3 CFR, 1966–1970
Comp., p. 578, unless otherwise noted.
2. Amend § 70.40 by:
a. Designating the text as paragraph
(b); and
■ b. Adding paragraph (a).
The addition to read as follows:
■
■
§ 70.40
Administrative Procedures
(a) This section applies only to legacy
claims.
*
*
*
*
*
[FR Doc. 2020–03432 Filed 2–20–20; 8:45 am]
BILLING CODE 8320–01–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3010
[Docket No. RM2020–5; Order No. 5433]
Market Dominant Postal Products
Postal Regulatory Commission.
Proposed rule.
AGENCY:
ACTION:
The Commission is proposing
revisions to its rules concerning rate
incentives for market dominant
products to clarify the definition of
‘‘rate of general applicability’’ within
the context of a market dominant price
adjustment proceeding; to add an
SUMMARY:
VerDate Sep<11>2014
16:42 Feb 20, 2020
Jkt 250001
I. Background
II. Basis for Proposed Rule Change
III. Proposed Rule
I. Background
PART 70—VETERANS
TRANSPORTATION PROGRAMS
khammond on DSKJM1Z7X2PROD with PROPOSALS
additional criterion for a rate incentive
to be included in a percentage change in
rates calculation at discounted prices;
and to state clearly what information the
Postal Service must file to support a
claim that a rate incentive meets the
necessary criteria to be included in a
percentage change in rates calculation at
discounted prices. The Commission
invites public comment on the propose
rules.
The Commission’s rules permit the
Postal Service, when adjusting market
dominant rates as part of a market
dominant rate adjustment proceeding, to
include discounted prices for rate
incentives that the Postal Service plans
to offer in the percentage change in rates
calculation, as long as the rate incentive
meets certain criteria. 39 CFR
3010.23(e). These criteria are: (1) That
the rate incentive is in the form of a
discount or can be easily translated into
a discount; (2) that sufficient billing
determinants are available for the rate
incentive to be included in the
percentage change in rates calculation;
and (3) that the rate incentive is a rate
of general applicability. 39 CFR
3010.23(e)(2). The Commission’s rules
also require the Postal Service to
provide ‘‘sufficient information to
demonstrate that the rate incentive is a
rate of general applicability.’’ 39 CFR
3010.12(b)(9)(i).
When the Commission promulgated
rules with regard to the treatment of
market dominant rate incentives, it
included a specific definition of ‘‘rate of
general applicability’’ in the context of
market dominant rate adjustments
which provided, inter alia, that ‘‘[a] rate
is not a rate of general applicability if
eligibility for the rate is dependent on
factors other than the characteristics of
the mail to which the rate applies.’’ 39
CFR 3010.1(g). The Commission
explained that mail volume sent by a
mailer in a previous year is not a
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
characteristic of the mail to which rates
under an incentive program apply.1
In the most recent market dominant
rate adjustment proceeding, the Postal
Service sought to include a rate
incentive in the percentage change in
rates calculation that featured the
following terms. First, a 2-cent ‘‘base’’
credit per qualifying mailpiece was
offered to mailers who sent out Business
Reply Mail, Courtesy Reply Mail, and/
or Share Mail enclosures which were
subsequently returned or forwarded by
the recipients.2 For new participants,
there was no required volume threshold
in order to be eligible to participate in
the incentive program. Id. For repeat
participants, they had to meet or exceed
93 percent of their returns from the
prior year in order to remain eligible. Id.
In addition, repeat participants whose
returns exceeded 100 percent of their
returns from the prior year were eligible
for an additional 2-cent ‘‘bonus’’ credit
(for a total of 4 cents per qualifying
mailpiece). Id. A question arose as to
whether the ‘‘base’’ tier of the incentive
program, the ‘‘bonus’’ tier, both, or
neither constituted ‘‘rates of general
applicability’’ appropriate for inclusion
in the percentage change in rates
calculation at discounted prices. Id. at
17, 19–24.
The Commission found that the Postal
Service had failed to provide sufficient
information to demonstrate that the rate
incentive in question was a rate of
general applicability, as required by
§ 3010.12(b)(9)(i). Id. at 22.
Nevertheless, upon considering the
matter, the Commission determined that
a potential ambiguity existed in the
Commission’s rules concerning whether
a rate incentive featuring a mailerspecific volume threshold based on
historical volume data could constitute
a ‘‘rate of general applicability.’’ Id. at
23–24. The Commission permitted both
tiers of the promotion to be included in
the percentage change in rates
calculation in Docket No. R2020–1, but
indicated that it would initiate a
rulemaking to clarify this issue. Id.
II. Basis for Proposed Rule Change
The Commission proposes to clarify
its rules by making three revisions.
First, the Commission proposes to
amend § 3010.1(g) to clarify that in
order to qualify as a rate of general
1 See Docket No. RM2014–3, Order Adopting
Final Rules on the Treatment of Rate Incentives and
De Minimis Rate Increases for Price Cap Purposes,
June 3, 2014, at 15–16 (Order No. 2086).
2 Docket No. R2020–1, Order on Price
Adjustments for USPS Marketing Mail, Periodicals,
Package Services, and Special Services Products
and Related Mail Classification Changes, November
22, 2019, at 16–17 (Order No. 5321).
E:\FR\FM\21FEP1.SGM
21FEP1
]]>Agencies
[Federal Register Volume 85, Number 35 (Friday, February 21, 2020)]
[Proposed Rules]
[Pages 10118-10120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03432]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 17 and 70
RIN 2900-AQ44
VHA Claims and Appeals Modernization
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its
regulations concerning its claims and appeals process governing various
programs administrated by the Veterans Health Administration (VHA). The
Veterans Appeals Improvement and Modernization Act of 2017 (AMA)
amended the procedures applicable to administrative review and appeal
of VA decisions on claims for benefits, creating a new, modernized
review system. This rulemaking proposes amendments to sunset certain
VHA regulations which are inconsistent with AMA.
DATES: Comments must be received on or before April 21, 2020.
FOR FURTHER INFORMATION CONTACT: Erik Shepherd, Program Specialist,
Office of Regulatory and Administrative Affairs, Department of Veterans
Affairs, 810 Vermont Ave. NW, Washington, DC 20420, (202) 461-9596
(This is not a toll-free number.).
ADDRESSES: Written comments may be submitted through
www.Regulations.gov; by mail or hand-delivery to Director, Office of
Regulation Policy and Management (00REG), Department of Veterans
Affairs, 810 Vermont Avenue NW, Room 1064, Washington, DC 20420; or by
fax to (202) 273-9026. Comments should indicate that they are submitted
in response to [RIN 2900-AQ44 VHA Appeals Modernization.] Copies of
comments received will be available for public inspection in the Office
of Regulation Policy and Management, Room 1064, between the hours of
8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays).
Please call (202) 461-4902 for an appointment. (This is not a toll-free
number.) In addition, during the comment period, comments may be viewed
online through the Federal Docket Management System (FDMS) at
www.Regulations.gov.
SUPPLEMENTARY INFORMATION: Public Law 115-55, the Veterans Appeals
Improvement and Modernization Act of 2017 (AMA), changes the processes
by which veterans seek review of VA benefits decisions. VA has
implemented the AMA in a rulemaking that is generally applicable to
benefits administered throughout VA, to include benefits administered
by the Veterans Health Administration (VHA). VA Claims and Appeals
Modernization, 84 FR 138, 172 (Jan. 18, 2019). That rulemaking
specifically provides, ``unless otherwise specified in this final rule,
VA amends its regulations applicable to all claims processed under
[[Page 10119]]
the new review system, which generally applies where an initial VA
decision on a claim is provided on or after the effective date or where
a claimant has elected to opt into the new review system under
established procedures.'' 84 FR 138.
However, the VA Claims and Appeals Modernization regulatory
amendments did not explicitly revise or remove VHA specific regulations
which are inconsistent with AMA. In this rulemaking, VA proposes to
sunset multiple VHA regulations that are inconsistent with the AMA and
the VA Claim and Appeals Modernization regulatory amendments. Because
the AMA and VA's January 2019 regulations apply to VHA, these proposed
conforming changes to part 17 will not change the procedures VHA
currently follows under the AMA.
First, the authority to reconsider a VHA decision, which is
established under VHA's regulations at 38 CFR 17.133, 17.276, 17.904,
and 17.1006 and 38 CFR 70.40, is inconsistent with the specific
differentiated lanes for seeking review of a VA decision that are
established by AMA and implemented in the VA Claims and Appeals
Modernization regulatory amendments, particularly the closed record
requirement for higher level review. To conform VHA's regulations to
the procedures applicable under AMA and implementing regulations, VA
proposes to amend Sec. Sec. 17.133, 17.276, 17.904, 17.1006, and 70.40
to make clear that VHA reconsideration is available only in legacy
claims, as defined in Part 3 and 20 of this title.
Similarly, VHA proposes to revise 38 CFR 17.132 regarding appeals
of VHA decisions on certain requests for payment or reimbursement for
care rendered in the community. Section 17.132 affords only one avenue
for disputing a VA decision regarding payment or reimbursement, appeal
to the Board of Veterans' Appeals. For payment requests covered by AMA
and implementing regulations, this is inconsistent with the three
distinct lanes established by that law. Thus, VHA proposes to revise
Sec. 17.132 to clarify that it will apply only to payment decisions
made for legacy claims as described above.
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 proposed rule would 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 proposed rule only affects procedures regarding
the appeals process; it does not affect the cost of filing an appeal
nor any amount duly owed to a small entity. Therefore, pursuant to 5
U.S.C. 605(b), the initial and final regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do not apply.
Executive Orders 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.
The Office of Information and Regulatory Affairs has determined that
this rule is 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 FYTD.
This rule is not expected to be subject to the requirements of
Executive Order 13771 because this rulemaking is expected to result in
no more than de minimis costs.
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 proposed rule would 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 64.009--Veterans Medical
Care Benefits; 64.039--CHAMPVA.
List of Subjects in 38 CFR Parts 17 and 70
Administrative practice and procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug abuse, Foreign relations,
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, Philippines, Reporting
and recordkeeping requirements, Scholarships and fellowships, Travel
and transportation expenses, Veterans.
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. Pamela
Powers, Chief of Staff, Department of Veterans Affairs, approved this
document on January 10, 2020, for publication.
Consuela Benjamin,
Regulations Development Coordinator, Office of Regulation Policy &
Management, Office of the Secretary, Department of Veterans Affairs.
For the reasons set out in the preamble, VA proposes to amend 38
CFR parts 17 and 70 as set forth below:
PART 17--MEDICAL
0
1. The authority citation for part 17 continues to read as follows:
Authority: 38 U.S.C. 501, and as noted in specific sections.
* * * * *
0
2. Amend Sec. 17.132 by:
0
a. Designating the text as paragraph (b); and
0
b. Adding paragraph (a).
The addition to read as follows:
Sec. 17.132 Appeals.
(a) This section applies only to legacy claims.
* * * * *
0
3. Amend Sec. 17.133 by revising paragraph (a) to read as follows:
Sec. 17.133 Procedures.
(a) Scope. This section sets forth reconsideration procedures
regarding claims for benefits administered by the Veterans Health
Administration (VHA).
[[Page 10120]]
This section applies only to legacy claims.
* * * * *
0
4. Amend Sec. 17.276 by:
0
a. Designating the text as paragraph (b); and
0
b. Adding paragraph (a).
The addition to read as follows:
Sec. 17.276 Appeal/Review Process
(a) This section applies only to legacy claims.
* * * * *
0
5. Amend Sec. 17.904 by:
0
a. Designating the text as paragraph (b); and
0
b. Adding paragraph (a).
The addition to read as follows:
Sec. 17.904 Review and Appeal Process
(a) This section applies only to legacy claims.
* * * * *
Sec. 17.1006 [Amended].
0
6. Amend Sec. 17.1006 by removing the words ``reconsideration and''
from the last sentence.
PART 70--VETERANS TRANSPORTATION PROGRAMS
0
1. The authority citation for part 70 continues to read as follows:
Authority: 38 U.S.C. 101, 111, 111A, 501, 1701, 1714, 1720,
1728, 1782, 1783, and E.O. 11302, 31 FR 11741, 3 CFR, 1966-1970
Comp., p. 578, unless otherwise noted.
0
2. Amend Sec. 70.40 by:
0
a. Designating the text as paragraph (b); and
0
b. Adding paragraph (a).
The addition to read as follows:
Sec. 70.40 Administrative Procedures
(a) This section applies only to legacy claims.
* * * * *
[FR Doc. 2020-03432 Filed 2-20-20; 8:45 am]
BILLING CODE 8320-01-P
