[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Rules and Regulations]
[Pages 52627-52628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21297]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AN76
Disenrollment Procedures
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document makes technical amendments to the Department of
Veterans Affairs (VA) regulation concerning enrollment and
disenrollment from the VA medical care system. It removes the
``automatic enrollment'' provision relevant to a 1998 trial enrollment
program that has been discontinued. It also amends the regulation to
reflect current VA practice and to update the address for documents
mailed to the VA Health Eligibility Center. Finally, it provides an
internet address for accessing VA Form 10-10EZ online.
DATES: Effective Date: August 27, 2010.
FOR FURTHER INFORMATION CONTACT: Roscoe Butler, Acting Director,
Business Policy, Chief Business Office (163), Veterans Health
Administration, Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, (202) 461-1586. (This is not a toll free
number).
SUPPLEMENTARY INFORMATION: Current 38 CFR 17.36(d)(4) provides that
``veterans who were notified by VA letter that they were enrolled in
the VA healthcare system under the trial VA enrollment program prior to
October 1, 1998, automatically will be enrolled in the VA healthcare
system under this section.'' We are removing this paragraph because all
of the veterans in the 1998 trial enrollment program have been
accounted for and the program has been discontinued. Therefore, the
paragraph is no longer relevant.
Current Sec. 17.36(d)(5)(i) provides that a veteran enrolled in
the VA healthcare system will be disenrolled only if ``[t]he veteran
submits to a VA medical center or the VA Health Eligibility Center,
1644 Tullie Circle, Atlanta, Georgia 30329, a signed document stating
that the veteran no longer wishes to be enrolled.'' We are making two
changes to this provision. First, this final rule prescribes that the
veteran must sign and date the document. This is necessary to ensure
that the document reflects the veteran's current intent. Second, the
final rule updates the address for the VA Health Eligibility Center.
Current Sec. 17.36(d)(5)(iii) provides that a veteran enrolled in
the VA healthcare system will be disenrolled only if ``[a] VA network
or facility Director, or the Deputy Under Secretary for Health for
Operations and Management or Chief, Health Administration Service or
equivalent official at a VA medical facility, or Director, Health
Eligibility Center, * * * determines that the veteran failed to return
[a completed VA Form 10-10EZ] to the address on the return envelope
within 60 days from receipt of the form.'' We are removing paragraph
(d)(5)(iii) in order to conform with current VA practice, which does
not disenroll veterans based on their failure to file VA Form 10-10EZ.
Current practice is reflected in current paragraph (d)(3)(iv). Removing
paragraph (d)(5)(iii) also eliminates any potential for conflict or
ambiguity between paragraphs (d)(3)(iv) and (d)(5)(iii).
Finally, we are revising Sec. 17.36(f) to remove the reproduced
image of the 1998 version of VA Form 10-10EZ, which has been superseded
by the 2009 version of the form. Rather than
[[Page 52628]]
reproduce an image of the form in the CFR, we will provide a link to
the VA Web site where the current form is available for printing,
downloading, or online submission. The form is also available at any VA
medical center. This change will ensure that the CFR does not reference
and depict an out-of-date form.
Administrative Procedure Act
VA finds, in accordance with 5 U.S.C. 533(b)(3)(A) of the
Administrative Procedure Act (APA), that this final rule relates solely
to agency organization, procedure, or practice. Therefore, the
provisions of the APA regarding notice of the proposed rulemaking and
opportunity for public participation are not applicable.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in an expenditure by
state, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any given year. This final rule would have no such effect
on state, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
Although 38 CFR 17.36, which this final rule amends, contains
provisions constituting collections of information under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521), the
amendments establish no new or proposed revised collections of
information. The information collection provisions for Sec. 17.36 are
currently approved by OMB and have been assigned OMB control number
2900-0091.
Executive Order 12866
Executive Order 12866 directs agencies to assess all costs and
benefits of 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 Executive
Order classifies a regulatory action as a ``significant regulatory
action,'' requiring review by OMB unless OMB waives such review, if it
is a regulatory action that is likely to result in a rule that may: (1)
Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
The economic, interagency, budgetary, legal, and policy
implications of this final rule have been examined and it has been
determined not to be a significant regulatory action under Executive
Order 12866.
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This final rule concerns only VA organization, procedure, or
practice, specifically with respect to enrollment and disenrollment of
VA beneficiaries, and will not have a significant economic impact on
healthcare providers, suppliers, or other entities since only a small
portion of the business of such entities concerns VA beneficiaries.
Therefore, pursuant to 5 U.S.C. 605(b), this final rule is exempt from
the initial and final regulatory flexibility analysis requirements of
sections 603 and 604.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers and titles for
the programs affected by this document are 64.005, Grants to States for
Construction of State Home Facilities; 64.007, Blind Rehabilitation
Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical
Care Benefits; 64.010, Veterans Nursing Home Care; 64.011, Veterans
Dental Care; 64.012, Veterans Prescription Service; 64.013, Veterans
Prosthetic Appliances; 64.014, Veterans State Domiciliary Care; 64.015,
Veterans State Nursing Home Care; 64.016, Veterans State Hospital Care;
64.018, Sharing Specialized Medical Resources; 64.019, Veterans
Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based
Primary Care.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. John R.
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this
document on August 19, 2010, for publication.
List of Subjects in 38 CFR Part 17
Administrative practice and procedure; Alcohol abuse; Alcoholism;
Claims; Day care; Dental health; Drug abuse; Government contracts;
Grant programs--health; Grant programs--Veterans; Health care; Health
facilities; Health professions; Health records; Homeless; Mental health
programs; Nursing homes; Philippines, Reporting and recordkeeping
requirements; Veterans.
Dated: August 23, 2010.
Robert C. McFetridge,
Director, Regulations Policy and Management, Office of the General
Counsel, Department of Veterans Affairs.
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For the reasons set forth in the preamble, 38 CFR part 17 is amended as
follows:
PART 17--MEDICAL
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1. The authority citation for part 17 continues to read as follows:
Authority: 38 U.S.C. 501, 1721, and as noted in specific
sections.
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2. Amend 17.36 by:
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a. Removing and reserving paragraph (d)(4).
0
b. In paragraph (d)(5), introductory text, removing ``or (d)(4)''.
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c. Revising paragraph (d)(5)(i).
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d. In paragraph (d)(5)(ii), removing ``; or'' and adding, in its place,
a period.
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e. Removing paragraph (d)(5)(iii).
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f. Revising paragraph (f).
The revisions and addition read as follows:
Sec. 17.36 Enrollment--provision of hospital and outpatient care to
veterans.
* * * * *
(d) * * *
(5) * * *
(i) The veteran submits to a VA Medical Center or to the VA Health
Eligibility Center, 2957 Clairmont Road, NE., Suite 200, Atlanta,
Georgia 30329-1647, a signed and dated document stating that the
veteran no longer wishes to be enrolled; or
* * * * *
(f) VA Form 10-10EZ. Copies of VA Form 10-10EZ are available at any
VA medical center and at https://www.1010ez.med.va.gov/sec/vha/1010ez/.
* * * * *
[FR Doc. 2010-21297 Filed 8-26-10; 8:45 am]
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