[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Proposed Rules]
[Pages 50950-50952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20392]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[Docket ID: DoD-2010-HA-0071]
RIN 0720-AB40
TRICARE; Changes Included in the National Defense Authorization
Act for Fiscal Year 2010; Expansion of Survivor Eligibility Under the
TRICARE Dental Program
AGENCY: Office of the Secretary, DoD.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department is publishing this proposed rule to implement
section 704 of the National Defense Authorization Act for Fiscal Year
2010 (NDAA for FY10). Specifically, that legislation expands the
survivor eligibility under the TRICARE Dental Program (TDP). The
legislation entitles a child or unmarried person placed in legal
custody of a member or former member continuation of eligibility for
the TDP. The period of continued eligibility for these dependents shall
be the longer of the following periods beginning on the date of the
member's death: Three years; the period ending on the date on which
such dependent attains 21 years of age; or in the case of such
dependent who, at 21 years of age, is enrolled in a full-time course of
study in a secondary school or in a full-time course of study in an
institution of higher education approved by the administering Secretary
and was, at the time of the member's death, in fact dependent on the
member for over one-half of such dependent's support, the period ending
on the earlier of the following dates: The date on which such dependent
ceases to pursue such a course of study, as determined by the
administering Secretary; or the date on which such dependent attains 23
years of age. This proposed rule does not expand the TDP eligibility of
other eligible survivors.
Survivors, who meet the new eligibility requirements, will regain
TDP eligibility as of the publishing of the final rule in the Federal
Register. Retroactive payment of premiums or claims paid for dental
treatment during the time of loss of TDP eligibility will
[[Page 50951]]
not be reimbursed to surviving dependents.
DATES: Written comments received at the address indicated below by
October 18, 2010 will be accepted.
ADDRESSES: You may submit comments, identified by docket number and/or
Regulatory Information Number (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, Room 3C843, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or 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://www.regulations.gov as they are received without
change, including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: CAPT Robert H. Mitton, Office of the
Assistant Secretary of Defense (Health Affairs), TRICARE Management
Activity, telephone (703) 681-0039.
SUPPLEMENTARY INFORMATION:
I. Background
This proposed rule expands the survivor eligibility under the
TRICARE Dental Program (TDP). The legislation entitles a child or
unmarried person placed in legal custody of a member or former member,
as defined in 10 U.S.C. 1072(2), subparagraph (D) or (I), continuation
of eligibility for the TDP. The period of continued eligibility for
these dependents shall be the longer of the following periods beginning
on the date of the member's death: (1) Three years; (2) the period
ending on the date on which such dependent attains 21 years of age; or
(3) in the case of such dependent who, at 21 years of age, is enrolled
in a full-time course of study in a secondary school or in a full-time
course of study in an institution of higher education approved by the
administering Secretary and was, at the time of the member's death, in
fact dependent on the member for over one-half of such dependent's
support, the period ending on the earlier of the following dates: (a)
The date on which such dependent ceases to pursue such a course of
study, as determined by the administering Secretary; or (b) the date on
which such dependent attains 23 years of age.
This proposed rule does not expand the TDP eligibility of other
eligible survivors. Currently, all eligible survivors are entitled to
continued TDP enrollment for up to three years from the date of the
member's death. The proposed rule will maintain the government's
payment of both the government and dependent's portion of the premium
share during the period of continuous enrollment.
This proposed rule will amend the Code of Federal Regulations to
allow the TDP to conform to the new statutory authority. Public
comments are invited. All comments will be carefully considered. A
discussion of the major issues received by public comments will be
included with the issuance of the final rule.
II. Regulatory Procedures
Executive Order 12866 and Regulatory Flexibility Act
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 rule is not an economically significant regulatory
action and will not have a significant impact on a substantial number
of small entities for purposes of the RFA, thus this proposed rule is
not subject to any of these requirements.
Unfunded Mandates Reform Act
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.
Paperwork Reduction Act
This rule will not impose additional information collection
requirements on the public under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3511).
Federalism
We have examined the impact(s) 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.
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--[AMENDED]
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 199.13 is amended by revising paragraph (c)(3)(ii)(E)(2)
to read as follows:
Sec. 199.13 TRICARE dental program.
* * * * *
(c) * * *
(3) * * *
(ii) * * *
(E) * * *
(2) Continuation of eligibility. Eligible dependents of active duty
members while on active duty for a period of more than 30 days and
eligible dependents of members of the Ready Reserve (i.e., Selected
Reserve or Individual Ready Reserve, as specified in 10 U.S.C. 10143
and 10144(b) respectively), shall be eligible for continued enrollment
in the TDP, if, on the date of the death of the member, the dependent
is enrolled in the TDP, or is not enrolled by reason of discontinuance
of a former enrollment under paragraphs (c)(3)(ii)(E)(4)(ii) and
(c)(3)(ii)(E)(4)(iii) of this section, or is not enrolled because the
dependent was under the minimum age for enrollment at the time of the
member's death, or is not qualified for enrollment because the
dependent is a spouse who is a member of the armed forces on active
duty for a period of more than 30 days but subsequently separates or is
discharged from active duty. This continued enrollment is not
contingent on the Selected Reserve or Individual Ready Reserve member's
own enrollment in the TDP. During the period of continuous enrollment,
the government will pay both the government and the beneficiary's
portion of the premium share. This continued enrollment shall be up to
(3) three years from the date of the member's death, except that, in
the case of a dependent of the deceased who is described in 10 U.S.C.
section 1072(2) by subparagraph (D) or (I), the period of
[[Page 50952]]
continued enrollment shall be the longer of the following periods
beginning on the date of the member's death:
(i) Three years.
(ii) The period ending on the date on which such dependent attains
21 years of age.
(iii) In the case of such dependent who, at 21 years of age, is
enrolled in a full-time course of study in a secondary school or in a
full-time course of study in an institution of higher education
approved by the administering Secretary and was, at the time of the
member's death, in fact dependent on the member for over one-half of
such dependent's support, the period ending on the earlier of the
following dates: The date on which such dependent ceases to pursue such
a course of study, as determined by the administering Secretary; or the
date on which such dependent attains 23 years of age.
* * * * *
Dated: August 10, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-20392 Filed 8-17-10; 8:45 am]
BILLING CODE 5001-06-P