Implementation of HAVANA Act of 2021, 48444 [2022-16968]
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Federal Register / Vol. 87, No. 152 / Tuesday, August 9, 2022 / Rules and Regulations
DEPARTMENT OF STATE
22 CFR Part 135
[Public Notice: 11807]
RIN 1400–AF52
Implementation of HAVANA Act of
2021
Department of State.
Supplemental interim final rule.
AGENCY:
ACTION:
This document supplements
the interim final rule (IFR) published by
the Department of State (the
Department) on June 30, 2022,
implementing the HAVANA Act of
2021. The Act provides authority for the
Secretary of State and other agency
heads to provide payments to certain
individuals who have incurred
qualifying injuries to the brain. The
Department is modifying one provision
of the IFR relating to the Board
certification of the physician who is
required to assess and diagnose an
individual’s qualifying injury to the
brain and who completes the DS–4316,
‘‘Eligibility Questionnaire for HAVANA
Act Payments’’. The updated regulation
provides that physicians may be
certified by either the American Board
of Psychiatry and Neurology (ABPN) or
the American Board of Physical
Medicine and Rehabilitation (ABPMR).
DATES: Effective August 15, 2022.
FOR FURTHER INFORMATION CONTACT:
Susan Ware Harris, Senior Advisor,
Health Incidents Response Task Force,
202–679–0127, HARuleInfo@state.gov.
SUPPLEMENTARY INFORMATION: The
Department is amending the interim
final rule that it published June 30, 2022
at 87 FR 38981. The text of the interim
rule remains unchanged, except for
certain provisions in § 135.3. The
Department is providing that either
physicians currently certified by the
American Board of Psychiatry and
Neurology (APBN) or the American
Board of Physical Medicine and
Rehabilitation (ABPMR) may assess an
individual’s qualifying injury to the
brain and complete the DS–4316,
‘‘Eligibility Questionnaire for HAVANA
Act Payments’’. The DS–4316 will also
be modified to reflect this regulatory
change.
The Department is publishing this
Supplemental IFR both in response to
public comments advocating for this
addition and additional corroborative
information from medical providers.
The Department has consulted with
officials at several prominent medical
centers. Based on those inquiries, it
appears that the majority of patients
who have reported anomalous health
jspears on DSK121TN23PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:25 Aug 08, 2022
Jkt 256001
incidents were seen by either a
neurologist certified by the American
Board of Psychiatry and Neurology
(ABPN) or by a physician certified by
the American Board of Physical
Medicine and Rehabilitation (ABPMR).
The Department believes that it would
be in the best interest of the public and
affected community if, on the effective
date of the IFR, part 135 provided that
patients could be assessed by physicians
currently certified by either ABPN or
ABPMR.
The comment period for the IFR
closed on August 1, 2022, and the
Department will publish a final rule
addressing the other relevant comments
in the near future.
Regulatory Analyses
The regulatory analyses included in
the IFR are adopted herein,
supplemented by the following
comments. With respect to the
Administrative Procedure Act, this
Supplemental IFR is a technical
amendment to the IFR, which was a rule
relating to public benefits and therefore
exempt from the requirements of 5
U.S.C. 553. See 5 U.S.C. 553(a)(2). Since
the IFR and this Supplemental IFR are
exempt from the entirety of § 553
pursuant to § 553(a)(2), the provisions of
§ 553(d) do not apply. This
Supplemental IFR will be in effect on
August 15, 2022, with the IFR.
With respect to Executive Order
12866, the Office of Information and
Regulatory Affairs has designed this
Supplemental IFR ‘‘non-significant’’.
List of Subjects in 22 CFR Part 135
Federal retirees, Government
employees, Health care.
Accordingly, for the reasons stated in
the preamble, the Department of State
amends 22 CFR part 135 as follows:
PART 135—IMPLEMENTATION OF THE
HAVANA ACT OF 2021
1. The authority citation for part 135
continues to read as follows:
currently certified by the American
Board of Physical Medicine and
Rehabilitation (ABPMR), occurred on or
after January 1, 2016, and while the
individual was a covered employee of
the Department.
(b) The Department of State may
provide a payment to covered
employees, as defined herein, if the
qualifying injury to the brain was
assessed and diagnosed in person by a
currently board-certified neurologist
from the ABPN or a physician currently
certified by the ABPMR, occurred on or
after January 1, 2016, and while the
employee was a covered employee of
the Department.
(c) The Department of State may
provide a payment to a covered
dependent, if the qualifying injury to
the brain was assessed and diagnosed in
person by a currently board-certified
neurologist from the ABPN or a
physician currently certified by the
ABPMR, occurred on or after January 1,
2016, and the dependent’s sponsor was
a covered employee of the Department
at the time of the dependent’s injury.
*
*
*
*
*
(e) * * *
(2) Whether the Department of Labor
(Workers’ Compensation) has
determined that the requestor has no
reemployment potential, or the Social
Security Administration has approved
the requestor for Social Security
Disability Insurance, or the requestor’s
ABPN-certified neurologist or ABPMRcertified physician has certified that the
individual requires a full-time caregiver
for activities of daily living, as defined
by the Katz Index of Independence of
Daily Living.
*
*
*
*
*
Kevin E. Bryant,
Deputy Director, Office of Directives
Management, U.S. Department of State.
[FR Doc. 2022–16968 Filed 8–5–22; 8:45 am]
BILLING CODE 4710–10–P
■
Authority: 22 U.S.C. 2651a; 22 U.S.C.
2680b.
DEPARTMENT OF HOMELAND
SECURITY
2. Amend § 135.3 by revising
paragraphs (a) through (c) and
paragraph (e)(2) to read as follows:
Coast Guard
§ 135.3 Eligibility for payments by the
Department of State.
[Docket Number USCG–2022–0429]
(a) The Department of State may
provide a payment to covered
individuals, as defined herein, if the
qualifying injury to the brain was
assessed and diagnosed in person by a
currently board-certified neurologist
from the American Board of Psychiatry
and Neurology (ABPN) or a physician
Coast Guard Sector Guam; Sector
Name Conforming Amendment
■
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
33 CFR Parts 3 and 165
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
This rule makes nonsubstantive amendments to Coast Guard
regulations in association with a change
SUMMARY:
E:\FR\FM\09AUR1.SGM
09AUR1
]]>Agencies
[Federal Register Volume 87, Number 152 (Tuesday, August 9, 2022)]
[Rules and Regulations]
[Page 48444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16968]
[[Page 48444]]
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DEPARTMENT OF STATE
22 CFR Part 135
[Public Notice: 11807]
RIN 1400-AF52
Implementation of HAVANA Act of 2021
AGENCY: Department of State.
ACTION: Supplemental interim final rule.
-----------------------------------------------------------------------
SUMMARY: This document supplements the interim final rule (IFR)
published by the Department of State (the Department) on June 30, 2022,
implementing the HAVANA Act of 2021. The Act provides authority for the
Secretary of State and other agency heads to provide payments to
certain individuals who have incurred qualifying injuries to the brain.
The Department is modifying one provision of the IFR relating to the
Board certification of the physician who is required to assess and
diagnose an individual's qualifying injury to the brain and who
completes the DS-4316, ``Eligibility Questionnaire for HAVANA Act
Payments''. The updated regulation provides that physicians may be
certified by either the American Board of Psychiatry and Neurology
(ABPN) or the American Board of Physical Medicine and Rehabilitation
(ABPMR).
DATES: Effective August 15, 2022.
FOR FURTHER INFORMATION CONTACT: Susan Ware Harris, Senior Advisor,
Health Incidents Response Task Force, 202-679-0127,
[email protected].
SUPPLEMENTARY INFORMATION: The Department is amending the interim final
rule that it published June 30, 2022 at 87 FR 38981. The text of the
interim rule remains unchanged, except for certain provisions in Sec.
135.3. The Department is providing that either physicians currently
certified by the American Board of Psychiatry and Neurology (APBN) or
the American Board of Physical Medicine and Rehabilitation (ABPMR) may
assess an individual's qualifying injury to the brain and complete the
DS-4316, ``Eligibility Questionnaire for HAVANA Act Payments''. The DS-
4316 will also be modified to reflect this regulatory change.
The Department is publishing this Supplemental IFR both in response
to public comments advocating for this addition and additional
corroborative information from medical providers. The Department has
consulted with officials at several prominent medical centers. Based on
those inquiries, it appears that the majority of patients who have
reported anomalous health incidents were seen by either a neurologist
certified by the American Board of Psychiatry and Neurology (ABPN) or
by a physician certified by the American Board of Physical Medicine and
Rehabilitation (ABPMR). The Department believes that it would be in the
best interest of the public and affected community if, on the effective
date of the IFR, part 135 provided that patients could be assessed by
physicians currently certified by either ABPN or ABPMR.
The comment period for the IFR closed on August 1, 2022, and the
Department will publish a final rule addressing the other relevant
comments in the near future.
Regulatory Analyses
The regulatory analyses included in the IFR are adopted herein,
supplemented by the following comments. With respect to the
Administrative Procedure Act, this Supplemental IFR is a technical
amendment to the IFR, which was a rule relating to public benefits and
therefore exempt from the requirements of 5 U.S.C. 553. See 5 U.S.C.
553(a)(2). Since the IFR and this Supplemental IFR are exempt from the
entirety of Sec. 553 pursuant to Sec. 553(a)(2), the provisions of
Sec. 553(d) do not apply. This Supplemental IFR will be in effect on
August 15, 2022, with the IFR.
With respect to Executive Order 12866, the Office of Information
and Regulatory Affairs has designed this Supplemental IFR ``non-
significant''.
List of Subjects in 22 CFR Part 135
Federal retirees, Government employees, Health care.
Accordingly, for the reasons stated in the preamble, the Department
of State amends 22 CFR part 135 as follows:
PART 135--IMPLEMENTATION OF THE HAVANA ACT OF 2021
0
1. The authority citation for part 135 continues to read as follows:
Authority: 22 U.S.C. 2651a; 22 U.S.C. 2680b.
0
2. Amend Sec. 135.3 by revising paragraphs (a) through (c) and
paragraph (e)(2) to read as follows:
Sec. 135.3 Eligibility for payments by the Department of State.
(a) The Department of State may provide a payment to covered
individuals, as defined herein, if the qualifying injury to the brain
was assessed and diagnosed in person by a currently board-certified
neurologist from the American Board of Psychiatry and Neurology (ABPN)
or a physician currently certified by the American Board of Physical
Medicine and Rehabilitation (ABPMR), occurred on or after January 1,
2016, and while the individual was a covered employee of the
Department.
(b) The Department of State may provide a payment to covered
employees, as defined herein, if the qualifying injury to the brain was
assessed and diagnosed in person by a currently board-certified
neurologist from the ABPN or a physician currently certified by the
ABPMR, occurred on or after January 1, 2016, and while the employee was
a covered employee of the Department.
(c) The Department of State may provide a payment to a covered
dependent, if the qualifying injury to the brain was assessed and
diagnosed in person by a currently board-certified neurologist from the
ABPN or a physician currently certified by the ABPMR, occurred on or
after January 1, 2016, and the dependent's sponsor was a covered
employee of the Department at the time of the dependent's injury.
* * * * *
(e) * * *
(2) Whether the Department of Labor (Workers' Compensation) has
determined that the requestor has no reemployment potential, or the
Social Security Administration has approved the requestor for Social
Security Disability Insurance, or the requestor's ABPN-certified
neurologist or ABPMR-certified physician has certified that the
individual requires a full-time caregiver for activities of daily
living, as defined by the Katz Index of Independence of Daily Living.
* * * * *
Kevin E. Bryant,
Deputy Director, Office of Directives Management, U.S. Department of
State.
[FR Doc. 2022-16968 Filed 8-5-22; 8:45 am]
BILLING CODE 4710-10-P
