[Federal Register Volume 75, Number 152 (Monday, August 9, 2010)]
[Rules and Regulations]
[Pages 47712-47713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19309]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[Docket ID: DOD-2009-HA-0097]
RIN 0720-AB35
TRICARE; Elimination of Voluntary Disenrollment Lock-Out
AGENCY: Office of the Secretary, Department of Defense.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule eliminates the 1 year lock out for non-Active
Duty members who disenroll from TRICARE Prime before their annual
enrollment renewal date.
DATES: Effective Date: September 8, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Kathleen Larkin, TRICARE Policy
and Operations, TRICARE Management Activity, 5111 Leesburg Pike, Suite
810, Falls Church, VA 22041, telephone (703) 681-0039.
SUPPLEMENTARY INFORMATION:
I. Introduction and Background
The TRICARE benefit was directed by Congress in section 1097 of the
National Defense Authorization Act for Fiscal Year 1995. For further
information on TRICARE, the reader may refer to the final rule
regarding TRICARE published in the Federal Register on October 5, 1995.
Administrative Change
When TRICARE Prime was implemented, it was envisioned that TRICARE
Prime enrollees would transfer their enrollment when they moved to a
new location. The reality is that some enrollees, such as college
students, move several times a year. When TRICARE Prime is available at
their new location, they transfer enrollment. However, TRICARE Prime
might not be available at the gaining location, so they voluntarily
disenroll in advance of their annual enrollment date. This
automatically triggers a one year lock-out. This final rule eliminates
the lock-out for active duty family members and allows TRICARE Prime
enrollment when they relocate in an area that offers TRICARE Prime.
II. Public Comments
The proposed rule was published in the Federal Register on October
29, 2009, for a 60-day comment period. We received one comment and we
thank the person for commenting.
[[Page 47713]]
Comment: As someone who deploys, leaving my spouse to contend with
TRICARE issues, it is important that this rule is adopted.
Response: We agree and are pleased to promulgate the rule.
III. Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Public
Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
Executive Order 12866 requires that a comprehensive regulatory
impact analysis be performed on any economically 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. The 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 final rule is not a significant regulatory action and
will not have a significant impact on a substantial number of small
entities for purposes of the RFA. Thus this final rule is not subject
to any of these requirements.
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3511)
This rule will not impose additional information collection
requirements on the public.
Executive Order 13132, ``Federalism''
We have examined the impacts of the 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.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
This rule does not contain unfunded mandates. It 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 1 year.
List of Subjects in 32 CFR Part 199
Claims, Dental health, Health care, Health insurance, Individuals
with disabilities, Military personnel.
0
Accordingly, 32 CFR part 199 is 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 199.17 (o)(4) is revised to read as follows:
Sec. 199.17 TRICARE program.
* * * * *
(o) * * *
(4) Voluntary disenrollment. Any non-active duty beneficiary may
disenroll at any time. Disenrollment will take effect in accordance
with administrative procedures established by the Assistant Secretary
of Defense (Health Affairs). Retired beneficiaries and their family
members who disenroll prior to their annual enrollment renewal date
will not be eligible to reenroll in Prime for a -1-year period from the
effective date of the disenrollment. Active Duty family members may
change their enrollment status twice in an enrollment year. Any
additional disenrollment changes will result in an enrollment lock out
for a 1-year period from the effective date of the disenrollment.
Enrollment rules may be waived by the Assistant Secretary of Defense
(Health Affairs) based on extraordinary circumstances.
* * * * *
Dated: July 26, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-19309 Filed 8-6-10; 8:45 am]
BILLING CODE 5001-06-P