[Federal Register: May 28, 2008 (Volume 73, Number 103)]
[Rules and Regulations]
[Page 30478-30479]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my08-5]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD-2006-HA-0194; RIN 0720-AB07]
32 CFR Part 199
TRICARE; Certain Survivors of Deceased Active Duty Members; and
Adoption Intermediaries
AGENCY: Office of the Secretary, DoD.
ACTION: Final rule.
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SUMMARY: This rule confirms as final a January 2007 interim final rule
which implements two provisions of the National Defense Authorization
Act for Fiscal Year 2006 (NDAA FY06). First, Section 715 of the NDAA
FY06 extends the time frame certain dependents of active duty service
members (ADSM) who die while on active duty for more than 30 days shall
receive TRICARE medical benefits at active duty dependent payment
rates. Second, Section 592 of the NDAA FY06 modifies the requirement
for those intermediaries who provide adoption placements. Additionally,
this final rule makes an administrative clarification to the following
two eligibility provisions: those placed in the legal custody of a
member or former member; and those placed in the home of a member or
former member in anticipation of adoption. This clarification makes a
distinction between the two groups and specifies that for placement
into legal custody by court order, the court order must be for a period
of 12 consecutive months.
DATES: Effective Date: This rule is effective June 27, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Ann N. Fazzini, (303) 676-3803 for
questions regarding Section 715 as it relates to the TRICARE Basic
Program; and also questions regarding Section 592. Mr. Michael Kottyan,
(303) 676-3520 for questions regarding Section 715 as it relates to the
Extended Health Care Option (ECHO). Mr. John Leininger, (303) 676-3613,
for questions regarding TRICARE Prime Remote. Questions regarding
payment of specific claims should be addressed to the appropriate
TRICARE contractor.
SUPPLEMENTARY INFORMATION:
Background
I. In the Federal Register of January 19, 2007 (72 FR 2444), the
Department of Defense published for public comment an interim final
rule regarding: (1) Payment rates for dependents of deceased active
duty service members; (2) Modification of requirement for certain
intermediaries under certain authorities relating to adoptions; and,
(3) Administrative change--court order/adoption placement. An overview
of these three provision follows.
II. Payment Rates for Dependents of Deceased Active Duty Service
Members. Dependents of active-duty members who died while on active
duty have been always eligible for TRICARE; however, their payment
rates/cost-sharing provisions have changed over time. Section 715 of
the NDAA FY06 modified the cost-sharing provision for certain
dependents of deceased active duty members. The reader is referred to
the interim final rule published on January 19, 2007 (72 FR 2444), for
[[Page 30479]]
detailed information regarding this provision.
III. Modification of Requirement for Certain Intermediaries Under
Certain Authorities Relating to Adoptions. Section 592 of the NDAA FY06
expands those intermediaries who perform adoption placement to include
placement by any source authorized by State or local law to provide
adoption placement. This expanded language mirrors the language found
in Title 10, United States Code, Section 1052, reimbursement for
adoption expenses, and provides consistency between personnel benefit
policies in chapter 53 of Title 10, United States Code, and eligibility
for TRICARE under chapter 55 of Title 10, United States Code. Effective
date of the NDAA FY06 (and this provision) is January 6, 2006. The
reader is referred to the interim final rule published on January 19,
2007 (72 FR 2444), for detailed information regarding this provision.
IV. Administrative Change--Court Order/Adoption Placement. This
final rule clarifies the eligibility provisions for an unmarried person
who is placed in the legal custody of the member or former member as a
result of an order of a court of competent jurisdiction in the United
States (or possession of the United States) by stating that the court
order must be for a period of at least 12 consecutive months. We
currently address a child who is placed in legal custody of a member or
former member, but the language unintentionally omitted the 12
consecutive month period required by 10 U.S.C. 1072(2)(I)(i). This rule
also clarifies that an unmarried person placed in legal custody of a
member or former member is a category that is separate and distinct
from those placed for adoption. We accomplish this by providing
separate regulatory paragraphs for each group. The reader is referred
to the interim final rule published on January 19, 2007 (72 FR 2444),
for detailed information regarding this provision. Additionally, for
historical information on these two groups, we refer the reader to the
final rule that established these groups (64 FR 46133, August 24,
1999).
Review of Public Comments
Comment: One commenter applauded the enhanced benefit, but
recommended further direction that this benefit only be extended upon
the initiation and/or completion of an appropriate Line of Duty (LOD)
determination. Generally, LOD determinations do not apply for battle
injuries or battle-related deaths. This commenter requested that
clarification be directed toward ADSM deaths that occur under in-
garrison, non-combat operations.
Response: We appreciate the comment and note that the statutory
language provides the benefit ``when a member dies while on active duty
for a period of more than 30 days.'' There are no qualifiers or
limitation on this provision; consequently, there is no statutory
authority to apply LOD determinations.
Comment: A second commenter asked about the effective date of the
provisions.
Response: For the payment rates for dependents of deceased active
duty family members, the provision is effective with respect to those
active duty service members whose death occurred on or after October 7,
2001. The modification of adoption intermediaries is effective January
6, 2006.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review''
Section 801 of title 5, United States Code (U.S.C.) and Executive
Order (E.O.) 12866 require certain regulatory assessments and
procedures for any major rule or significant regulatory action, defined
as one that would result in an annual effect of $100 million or more on
the national economy or which would have other substantial impacts.
This is not a major rule under 5 U.S.C. 801. It is a significant
regulatory action but not economically significant and has been
reviewed by the Office of Management and Budget as required under the
provisions of E.O. 12866.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been certified that this rule does not contain a Federal
mandate that may result in the expenditure by State, local and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
The Regulatory Flexibility Act requires that each Federal agency
prepare, and make available for public comment, a regulatory
flexibility analysis when the agency issues a regulation which would
have a significant impact on a substantial number of small entities. In
addition, we certify that this final rule will not significantly affect
a substantial number of small entities.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
This final rule will not impose additional information collection
requirements on the public under the Paperwork Reduction Act of 1995
(44 U.S.C. Chapter 55).
Executive Order 13132, ``Federalism''
We have examined the impact of the rule under E.O. 13132 and it
does not have 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 power 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.
0
Accordingly, the interim final rule published January 19, 2007 (72 FR
2444), is confirmed as final without change.
Dated: May 19, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E8-11738 Filed 5-27-08; 8:45 am]
BILLING CODE 5001-06-P