[Federal Register: November 27, 2006 (Volume 71, Number 227)]
[Proposed Rules]
[Page 68496-68498]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no06-17]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[DOD-2006-HA-0210; RIN 0720-AB12]
32 CFR Part 199
TRICARE; TRICARE Retiree Dental Program (TRDP) Basic Benefit
Descriptions and Administrative Corrections
AGENCY: Office of the Secretary, DoD.
ACTION: Proposed rule.
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SUMMARY: This proposed rule amends TRICARE Retiree Dental Program
(TRDP) Basic benefit descriptions by replacing specific American Dental
Association (ADA) dental procedure codes and nomenclature with general
benefit categories and descriptions. This revision is necessary to keep
the regulation current, since dental procedure codes are added,
revised, and deleted on a regular basis. This proposed rule does not
change or eliminate any benefits that are currently available under the
TRDP program. This proposed rule also revises several incorrect,
obsolete, or historical terms pertaining to the TRICARE program.
DATES: Written comments received at the address indicated below by
January 26, 2007 will be accepted.
ADDRESSES: You may submit comments, identified by docket number and/or
RIN number and title, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (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 http://regulations.gov
as they are received without change, including any personal identifiers
or contact information.
FOR FURTHER INFORMATION CONTACT: Debra Hatzel, Program Requirements
Division, TRICARE Management Activity, telephone (303) 676-3572.
SUPPLEMENTARY INFORMATION: This proposed rule amends TRICARE Retiree
Dental Program (TRDP) Basic benefit descriptions by removing specific
American Dental Association (ADA) dental procedure codes and
nomenclature, and replacing them with general benefit categories and
descriptions from the most recent Current Dental Terminology (CDT)
Manual (CDT-2005). This action is required because dental procedure
codes and nomenclature are added, revised, and deleted by the ADA every
two years; when this occurs, the regulation must also be revised to
reflect the new codes and nomenclature. Maintaining specific procedure
codes and nomenclature in the regulation is unnecessary, since the TRDP
contract and TRDP marketing materials (available at http://www.tricare.osd.mil/dental/dm2.cfm
) already contain detailed benefit
descriptions. Also, the TRDP contractor and enrollees are notified when
the Government directs any changes to TRDP benefits, limits, or
exclusions. The TRDP contract and TRDP marketing materials will
continue to be the primary vehicles for communicating specific benefit
information to the TRDP contractor and beneficiaries. Removal of
specific procedure codes and nomenclature from this section does not
change or eliminate any benefits that are currently available under the
TRDP. The general categories of benefits that are listed in this
proposed rule will be adjusted periodically to conform to the current
CDT Manual.
Although there are many similarities between the TRDP and the
TRICARE Dental Program (TDP), the benefits are not identical. Also,
there are different
[[Page 68497]]
dental benefits available under the TRDP Basic program and the TRDP
Enhanced program. The general benefit categories in this TRDP proposed
rule differ from the TDP benefit categories listed in 32 CFR 199.13.
This variance exists because some of the benefits offered under the TDP
are not benefits under the TRDP Basic program (e.g., prosthodontic and
orthodontic services), and because the TDP benefit categories were
derived from an earlier version of the CDT Manual.
This proposed rule also revises several incorrect, obsolete or
historical terms; specifically, ``Director, OCHAMPUS'' is revised to
``Director, TRICARE Management Activity''; ``Assistant Secretary of
Defense (Human Affairs)'' is revised to ``Assistant Secretary of
Defense (Health Affairs)''; ``Active Duty Dependents Dental Program''
is revised to ``TRICARE Dental Program''; ``CHAMPUS'' is revised to
``TRICARE/CHAMPUS''; and ``OCHAMPUS'' is revised to ``TRICARE
Management Activity.''
Regulatory Procedures
Executive Order 12866 directs agencies to assess all costs and
benefits available, regulatory alternatives and, when regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety,
and other advantages; distributive impacts; and equity. The Order
classifies a rule as a significant regulatory action requiring review
by the Office of Management and Budget if it meets any one of a number
of specified conditions, including having an annual effect on the
national economy of $100 million or more, creating a serious
inconsistency or interfering with an action of another agency,
materially altering the budgetary impact of entitlements or the rights
of entitlement recipients, or raising novel legal or policy issues. DoD
has examined the economic, legal, and policy implications of this
proposed rule and has concluded that it is not a significant regulatory
action. The changes set forth in the proposed rule are minor
administrative revisions to the existing regulation which do not change
the basic TRDP benefit structure. This is neither a significant
regulatory action under Executive Order 12866, nor would it have a
significant impact on small entities.
Regulatory Flexibility Act (RFA) 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.
This proposed rule is not a major rule under the Congressional
Review Act because its economic impact will be less than $100 million.
Executive Order 13132 requires that each Federal Agency shall
consult with State and local officials and obtain their input if a rule
has federalism implications which 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. We have examined the impact of the
proposed rule under Executive Order 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. In
addition, this proposed rule does not impose new information collection
requirements for purposes of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3511).
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--CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED
SERVICES (CHAMPUS)
1. The authority citation for part 199 continues to read as
follows:
Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55.
2. Section 199.22 is proposed to be amended by revising the last
sentence of paragraph (b)(1), paragraph (b)(4), paragraph (c),
paragraph (d)(1)(v), the first sentence of paragraph (d)(4)(ii),
paragraph (f) introductory text, paragraph (f)(1) introductory text,
paragraphs (f)(1)(i) through (f)(1)(vii), first sentence of paragraph
(f)(3) introductory text, paragraph (g), and the first sentence of
paragraph (k); and by removing paragraphs (f)(1)(viii) and (f)(1)(ix)
to read as follows:
Sec. 199.22 TRICARE Retiree Dental Program (TRDP).
* * * * *
(b) * * *
(1) * * * Additional services comparable to those contained in
paragraph (e)(2) of Sec. 199.13 may be covered pursuant to benefit
policy decisions made by the Director, TRICARE Management Activity, or
designee.
* * * * *
(4) Except as otherwise provided in this section or by the
Assistant Secretary of Defense (Health Affairs) or designee, the TRDP
is administered in a manner similar to the TRICARE Dental Program under
Sec. 199.13 of this part.
* * * * *
(c) Except as may be specifically provided in this section, to the
extent terms defined in Sec. 199.2 and Sec. 199.13(b) are relevant to
the administration of the TRICARE Retiree Dental Program, the
definitions contained in Sec. 199.2 and Sec. 199.13(b) shall apply to
the TRDP as they do to TRICARE/CHAMPUS and the TRICARE Dental Program.
(d) * * *
(1) * * *
(v) The unremarried surviving spouse and eligible child dependents
of a deceased member who died while in status described in paragraph
(d)(1)(i) or paragraph (d)(1)(ii) of this section; the unremarried
surviving spouse and eligible child dependents who receive a surviving
spouse annuity; or the unremarried surviving spouse and eligible child
dependents of a deceased member who died while on active duty for a
period of more than 30 days and whose eligible dependents are not
eligible or no longer eligible for the TRICARE Dental Program.
* * * * *
(4) * * *
(ii) Enrollment period for enhanced benefits. The initial
enrollment period for enhanced benefit coverage described in paragraph
(f)(2) of this section shall be established by the Director, TRICARE
Management Activity, or designee, when such coverage is offered, to be
a period of not less than 12 months and not more than 24 months. * * *
* * * * *
(f) Plan benefits. The Director, TRICARE Management Activity, or
designee, may modify the services covered by the TRDP to the extent
determined appropriate based on developments in common dental care
practices and standard dental programs. In addition, the Director,
TRICARE Management Activity, or designee, may establish such exclusions
and limitations as are consistent with those established by dental
insurance and prepayment plans to control utilization and quality of
care for the services and items covered by the TRDP.
(1) The minimum TRDP benefit is basic dental care to include
diagnostic
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services, preventive services, restorative services, endodontic
services, periodontic services, oral surgery services, and other
general services. The following is the minimum TRDP covered dental
benefit:
(i) Diagnostic services.
(A) Clinical oral examinations.
(B) Radiographs and diagnostic imaging.
(C) Tests and laboratory examinations.
(ii) Preventive services.
(A) Dental prophylaxis.
(B) Topical fluoride treatment (office procedure).
(C) Sealants.
(D) Other preventive services.
(E) Space maintenance.
(iii) Restorative services.
(A) Amalgam restorations.
(B) Resin-based composite restorations.
(C) Other restorative services.
(iv) Endodontic services.
(A) Pulp capping.
(B) Pulpotomy and pulpectomy.
(C) Root canal therapy.
(D) Apexification and recalcification procedures.
(E) Apicoectomy and periradicular services.
(F) Other endodontic procedures.
(v) Periodontic Services.
(A) Surgical services.
(B) Periodontal services.
(vi) Oral surgery.
(A) Extractions.
(B) Surgical extractions.
(C) Alveoloplasty.
(D) Biopsy.
(E) Other surgical procedures.
(vii) Other general services.
(A) Palliative (emergency) treatment of dental pain.
(B) Therapeutic drug injection.
(C) Other drugs and/or medicaments.
(D) Treatment of postsurgical complications.
* * * * *
(3) Alternative course of treatment policy. The Director, TRICARE
Management Activity, or designee, may establish, in accordance with
generally accepted dental benefit practices, an alternative course of
treatment policy which provides reimbursement in instances where the
dentist and TRDP enrollee select a more expensive service, procedure,
or course of treatment than is customarily provided. * * *
* * * * *
(g) Maximum coverage amounts. Each enrollee is subject to an annual
maximum coverage amount for non-orthodontic dental benefits and, if an
orthodontic benefit is offered, a lifetime maximum coverage amount for
orthodontics as established by the Director, TRICARE Management
Activity, or designee.
* * * * *
(k) All levels of appeals and grievances established by the
Contractor for internal review shall be exhausted prior to forwarding
to TRICARE Management Activity for a final review. * * *
* * * * *
Dated: November 20, 2006.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E6-19975 Filed 11-24-06; 8:45 am]
BILLING CODE 5001-06-P