[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Rules and Regulations]
[Pages 47458-47460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19311]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[DOD-2009-HA-0094]
RIN 0720-AB32
TRICARE; Diabetic Education
AGENCY: Office of the Secretary, Department of Defense.
ACTION: Final rule.
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SUMMARY: The Department of Defense is publishing this final rule to
clarify TRICARE coverage for diabetic education. This rule introduces
new definitions and addresses revisions or
[[Page 47459]]
omissions in policy or procedure inadvertently missed in previous
regulatory changes pertaining to diabetic education.
DATES: Effective Date: This final rule is effective September 7, 2010.
FOR FURTHER INFORMATION CONTACT: Joy Saly, Medical Benefits and
Reimbursement Branch, TRICARE Management Activity, telephone (303) 676-
3742. Questions regarding payment of specific claims should be
addressed to the appropriate TRICARE contractor.
SUPPLEMENTARY INFORMATION: This final rule introduces new definitions
and addresses revisions or omissions in policy or procedure
inadvertently missed in previous regulatory changes pertaining to
diabetic education.
Diabetes self-management training (DSMT) is an interactive,
collaborative process involving beneficiaries with diabetes, their
physician(s), and their educators. The educational process should
provide the beneficiary with the knowledge and skills needed to perform
self-care, manage crises, and make lifestyle changes required to manage
the diabetes successfully.
TRICARE had previously classified DSMT as a counseling service that
was not medically necessary. Since all services provided under the
TRICARE program must be medically necessary and appropriate, DSMT was
excluded from coverage. In developing the TRICARE policy on self-
management, however, it was determined that diabetes educational
services are consistent with the medically necessary and appropriate
provision and it was decided to conform with Medicare's policy on DSMT.
As such, TRICARE removed ``diabetic self-management training'' programs
as an excluded benefit effective July 1, 1998. Although the policy
change conflicted with existing regulation language, TRICARE determined
to move forward with the policy change because TRICARE was expanding
and not restricting a benefit, and the change was in line with
Medicare's benefit. This final rule corrects the failure to amend the
language of the regulation and brings the regulation into conformance
with the current policy.
Section 199.4 provides basic program benefits.
Section 199.4(d)(3)(ix) Diabetic self-management training (DSMT) is
added as a benefit under other covered services and supplies. This
addition brings the regulation into conformance with the current
policy.
Section 199.4(g)(39) is revised to remove diabetic self-education
programs as an exclusion.
Section 199.6 addresses authorized providers.
Section 199.6(c)(3)(iii)(L) adds Nutritionist to the list of
individual professional providers of medical care authorized to provide
services to CHAMPUS beneficiaries.
Section 199.6(c)(3)(iii)(M) adds Registered Dietitian to the list
of individual professional providers of medical care authorized to
provide services to CHAMPUS beneficiaries.
Public Comments
A proposed rule (74 FR 44798-44800) was published on August 31,
2009, and provided a 60-day comment period. No comments were received.
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. It
has been certified that this rule is not a significant regulatory
action.
Public Law 96-354, ``Regulatory Flexibility Act'' (RFA) (5 U.S.C. 601)
Public Law (Pub. L.) 96-354, ``Regulatory Flexibility Act'' (RFA)
(5 U.S.C. 601), requires that each Federal agency prepare 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 will not have a significant impact on a substantial
number of small entities. Therefore, this final rule is not subject to
the requirements of the RFA.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
This rule does not contain a ``collection of information''
requirement, and will not impose additional information collection
requirements on the public under Pub. L. 96-511, ``Paperwork Reduction
Act'' (44 U.S.C. Chapter 35).
Public Law 104-4, Section 202, ``Unfunded Mandates Reform Act''
Section 202 of Public Law 104-4, ``Unfunded Mandates Reform Act,''
requires that an analysis be performed to determine whether any Federal
mandate may result in the expenditure by State, local and tribal
governments, in the aggregate, or by the private sector of $100 million
in any one year. It has been certified that this final 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, and thus, this final rule is
not subject to this requirement.
Executive Order 13132, ``Federalism''
E.O. 13132, ``Federalism,'' requires that an impact analysis be
performed to determine whether the rule has 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. It has been certified that this final rule does not have
federalism implications, as set forth in E.O. 13132.
List of Subjects in 32 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 199.4 is amended by adding paragraph (d)(3)(ix), and
revising paragraph (g)(39) to read as follows:
Sec. 199.4 Basic program benefits.
* * * * *
(d) * * *
(3) * * *
(ix) Diabetes Self-Management Training (DSMT). A training service
or program that educates diabetic patients about the successful self-
management of diabetes. It includes the following criteria: Education
about self-monitoring of blood glucose, diet, and exercise; an insulin
treatment plan developed specifically for the patient who is insulin-
dependent; and motivates the patient to use the skills for self-
management. The DSMT service or program must be accredited by the
American Diabetes Association.
Coverage limitations on the provision of this benefit will be as
determined by the Director, TRICARE Management Activity, or designee.
* * * * *
(g) * * *
(39) Counseling. Counseling services that are not medically
necessary in the treatment of a diagnosed medical
[[Page 47460]]
condition: For example, educational counseling, vocational counseling,
nutritional counseling, and counseling for socioeconomic purposes,
stress management, lifestyle modification. Services provided by a
certified marriage and family therapist, pastoral, or mental health
counselor in the treatment of a mental disorder are covered only as
specifically provided in Section 199.6. Services provided by alcoholism
rehabilitation counselors are covered only when rendered in a CHAMPUS-
authorized treatment setting and only when the cost of those services
is included in the facility's CHAMPUS-determined allowable cost rate.
* * * * *
0
3. Section 199.6 is amended by adding paragraphs (c)(3)(iii)(L) and (M)
to read as follows:
Sec. 199.6 TRICARE-authorized providers.
* * * * *
(c) * * *
(3) * * *
(iii) * * *
(L) Nutritionist. A nutritionist may provide DSMT via an accredited
DSMT program. The nutritionist must be licensed by the State in which
the care is provided, and must be under the supervision of a physician
who is overseeing the DSMT program.
(M) Registered Dietitian. A dietitian may provide DSMT via an
accredited DSMT program. The dietitian must be licensed by the State in
which the care is provided, and must be under the supervision of a
physician who is overseeing the DSMT program.
* * * * *
Dated: July 26, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-19311 Filed 8-5-10; 8:45 am]
BILLING CODE 5001-06-P