80_FR_23319 80 FR 23239 - Updating Certain Delegations of Authority in VA Medical Regulations

80 FR 23239 - Updating Certain Delegations of Authority in VA Medical Regulations

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 80, Issue 80 (April 27, 2015)

Page Range23239-23241
FR Document2015-09633

The Department of Veterans Affairs (VA) is making technical amendments to its medical regulations by updating certain delegations of authority to be consistent with the statutory authority that established the Consolidated Patient Account Centers (CPACs). VA is, through this final rule, specifying delegations of authority for the collection of debts owed VA to the Chief Financial Officers of the CPACs.

Federal Register, Volume 80 Issue 80 (Monday, April 27, 2015)
[Federal Register Volume 80, Number 80 (Monday, April 27, 2015)]
[Rules and Regulations]
[Pages 23239-23241]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09633]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 1 and 17

RIN 2900-AP17


Updating Certain Delegations of Authority in VA Medical 
Regulations

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Veterans Affairs (VA) is making technical 
amendments to its medical regulations by updating certain delegations 
of authority to be consistent with the statutory authority that 
established the Consolidated Patient Account Centers (CPACs). VA is, 
through this final rule, specifying delegations of authority for the 
collection of debts owed VA to the Chief Financial Officers of the 
CPACs.

DATES: Effective date: This final rule is effective April 27, 2015.

FOR FURTHER INFORMATION CONTACT: Kristin J. Cunningham, Director 
Business Policy, Chief Business Office (10NB6), Veterans Health 
Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., 
Washington, DC 20420; (202) 382-2508. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: This rulemaking amends VA's regulations in 
title 38 Code of Federal Regulations (CFR) that delegate authority for 
the collection of debts owed to VA for medical care or services 
provided or furnished to a veteran for a nonservice-connected 
disability to the Fiscal Officer or the Chief of the Fiscal Activity at 
the VA medical facility responsible for the collection of the debt or 
the station where the debt occurred. Consistent with the requirements 
of 38 U.S.C. 1729B, VA established seven Consolidated Patient Account 
Centers (CPACs), whose function is to centralize the billing and 
collection activities of VA medical facilities related to medical care 
(commonly referred to as ``revenue activity''). Creation of the CPACs 
has allowed VA to uniformly address revenue activities and improve 
service to veterans.
    This rulemaking amends our regulations to be consistent with 38 
U.S.C. 1729B, which required VA to establish the CPACs, and current 
practice to specify that, for medical care revenue activities, the 
responsibility for collection of a medical debt belongs to the CPAC, 
rather than the Fiscal Officer or Chief of the Fiscal Activity at the 
medical facility or station. We also are clarifying that the Chief of 
the Fiscal Activity of a VA facility or the Chief of the Fiscal 
Activity of the station where the debt occurred is no longer the 
responsible individual for the fiscal activities of such facility or 
station because these fiscal activities fall under the purview of the 
Chief Financial Officer of the corresponding CPAC. This rulemaking 
amends Sec. Sec.  1.956(a)(2)(iv), 17.103(a), 17.104(a), and 17.105(c).
    Current Sec.  1.956(a)(2)(iv) states that fiscal officers at VA 
medical facilities are authorized to waive veterans' debts arising from 
medical care copayments (Sec.  17.105(c)). Consistent with 38 U.S.C. 
1729B and under current practice, the CPACs are responsible for waiving 
debts related to medical care copayments, not the individual VA medical 
facilities. We are amending Sec.  1.956(a)(2)(iv) to clarify that the 
Chief Financial Officer of the Consolidated Patient Account Center is 
authorized to waive veterans' debts arising from medical care 
copayments (Sec.  17.105(c).
    Current Sec.  17.103(a) states that compromise offers for debts of 
charges made under Sec.  17.101(a) shall be referred to the Chief of 
the Fiscal activity of the facility for application of the collection 
standards in Sec.  1.900 et seq. The reference to Sec.  17.101(a) is 
incorrect. A veteran is not responsible for charges billed to an 
insurance company under the methodology in Sec.  17.101. Only the 
General Counsel and those authorized to act for the General Counsel 
have the authority to compromise or waive a claim arising under 38 
U.S.C. 1729 and 38 CFR 17.101. The application of the collection 
standards in Sec.  1.900 et seq. are primarily focused on benefit debt, 
including copayment debt and employee debt. The reference to Sec.  
17.101(a) was added in error by a final rule published by VA in 1996, 
61 FR 21964. The correct reference in Sec.  17.103(a) should be to the 
copayment provisions of Sec. Sec.  17.108, 17.110 or 17.111. 
Accordingly, we are amending paragraph (a), introductory text, by 
removing the references made to the debt that represents charges made 
under Sec.  17.101(a), and the Chief of the Fiscal activity of the 
facility to refer instead to the debt representing charges made

[[Page 23240]]

under Sec. Sec.  17.108, 17.110 or 17.111, and the Chief Financial 
Officer of the Consolidated Patient Account Center (CPAC) to make the 
statement in line with the authorizing statute for the CPAC. We are 
also amending the heading of Sec.  17.103(a) to refer to the ``Chief 
Financial Officers of the Consolidated Patient Account Centers'' in 
order to correctly state the individual who is responsible for the 
financial activities of paragraph (a). We are also amending Sec.  
17.103(a)(2), which uses the term ``field station.'' As we have stated 
in this rulemaking, the CPAC is now in charge of activities that were 
previously done in a field facility. We are, therefore, removing the 
term ``a field station'' in paragraph (a)(2) and adding, in its place, 
``the CPAC.'' We are making a similar amendment in Sec.  17.104(a), 
which states that questions concerning suspension or termination of 
collection action shall be referred to the Chief of the Fiscal activity 
of the station for application of the collection standards in Sec.  
1.900 et seq. Specifically, we are amending paragraph (a) by removing 
the reference to Sec.  17.101(a) and (b). As previously stated in this 
rulemaking, these references are incorrect because the veteran is not 
responsible for charges under Sec.  17.101; rather, the veteran is 
responsible for charges under Sec. Sec.  17.108, 17.110 or 17.111. We 
are also amending the term ``Chief of the Fiscal activity of the 
station'' and replacing it with ``Chief Financial Officer of the 
Consolidated Patient Account Center.''
    Paragraph (c) of Sec.  17.105 states that the Fiscal Officer at a 
VA medical facility where all or part of the debt was incurred will 
receive claims for waivers, and that the Fiscal Officer may also extend 
the time period for submitting said waiver. Paragraph (c) also states 
that a decision rendered by the Fiscal Officer under this provision is 
final. In an effort to maintain consistency, we are removing the words 
``Fiscal Officer at a VA medical facility where all or part of the debt 
was incurred'' and replacing them with ``the Consolidated Patient 
Account Center (CPAC) Chief Financial Officer.'' We are also removing 
the term ``Fiscal Officer'' and replacing the term with ``CPAC Chief 
Financial Officer'' every time it appears. We are making these changes 
because the CPACs are now in charge of processing waivers of debts of 
charges for copayments.

Administrative Procedure Act

    The Secretary of Veterans Affairs finds that there is good cause 
under 5 U.S.C. 553(b)(B) and (d)(3) to dispense with the opportunity 
for notice and public comment and good cause to publish this rule with 
an immediate effective date. This final rule merely revises VA's 
regulations so that they align with recent statutory amendments and 
corrects a citation that was added in error by a prior rulemaking. 
These are technical revisions only. Therefore, compliance with the 
notice-and-comment and delayed effective date requirements of 5 U.S.C. 
553 is unnecessary.

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
final rulemaking, represents VA's implementation of its legal authority 
on this subject. Other than future amendments to this regulation or 
governing statutes, no contrary guidance or procedures are authorized. 
All existing or subsequent VA guidance must be read to conform with 
this rulemaking if possible or, if not possible, such guidance is 
superseded by this rulemaking.

Paperwork Reduction Act

    This final rule contains no provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

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 directly affects only individuals and will not 
directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), 
this rulemaking is exempt from the initial and final regulatory 
flexibility analysis requirements of 5 U.S.C. 603 and 604.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
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 effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action,'' requiring review by the Office of 
Management and Budget (OMB), unless OMB waives such review, as ``any 
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 this 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. VA's impact analysis can be found as a supporting document 
at http://www.regulations.gov, usually within 48 hours after the 
rulemaking document is published. Additionally, a copy of the 
rulemaking and its impact analysis are available on VA's Web site at 
http://www.va.gov/orpm, by following the link for VA Regulations 
Published from FY 2004 through FYTD.

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 the 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 one year. This final rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program numbers and 
titles for this rule are as follows: 64.008, Veterans Domiciliary Care; 
64.009, Veterans Medical Care Benefits; 64.010, Veterans Nursing Home 
Care; and 64.018, Sharing Specialized Medical Resources.

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. Jose

[[Page 23241]]

D. Riojas, Chief of Staff, Department of Veterans Affairs, approved 
this document on April 16, 2015, for publication.

List of Subjects

38 CFR Part 1

    Administrative practice and procedure, Archives and records, 
Cemeteries, Claims, Courts, Crime, Flags, Freedom of information, 
Government contracts, Government employees, Government property, 
Infants and children, Inventions and patents, Parking Penalties, 
Privacy Reporting and recordkeeping requirements, Seals and insignia, 
Security measures, Wages.

38 CFR Part 17

    Administrative practice and procedure, Claims, Health care, Health 
facilities, Health records, Nursing homes, Reporting and recordkeeping 
requirements, Veterans.

    Approved: April 21, 2015.
Michael Shores,
Chief Impact Analyst, Office of Regulation Policy & Management, Office 
of the General Counsel, Department of Veterans Affairs.
    For the reasons set forth in the preamble, we amend 38 CFR parts 1 
and 17 as follows:

PART 1--GENERAL PROVISIONS

0
1. The authority citation for part 1 continues to read as follows:


    Authority:  38 U.S.C. 501(a), and as noted in specific sections.


0
2. Revise Sec.  1.956(a)(2)(iv) to read as follows:


Sec.  1.956  Jurisdiction.

    (a) * * *
    (2) * * *
    (iv) The Chief Financial Officer of the Consolidated Patient 
Account Center is authorized to waive veterans' debts arising from 
medical care copayments (Sec.  17.105(c) of this chapter).
* * * * *

PART 17--MEDICAL

0
3. The authority citation for part 17 continues to read as follows:


    Authority:  38 U.S.C. 501, and as noted in specific sections.


Sec.  17.103  [Amended]

0
4. Amend Sec.  17.103 by:
0
a. In the heading of paragraph (a), removing the term ``Chiefs of 
Fiscal activities'' and adding, in its place, ``Chief Financial 
Officers of the Consolidated Patient Account Centers''.
0
b. In paragraph (a) introductory text, removing ``If the debt 
represents charges made under Sec.  17.101(a), the compromise offer 
shall be referred to the Chief of the Fiscal activity of the facility'' 
and adding, in its place, ``If the debt represents charges made under 
Sec. Sec.  17.108, 17.110, or 17.111, the compromise offer shall be 
referred to the Chief Financial Officer of the Consolidated Patient 
Account Center (CPAC)''.
0
c. In paragraph (a)(2), removing the term ``a field station'' and 
adding, in its place, ``the CPAC''.


Sec.  17.104  [Amended]

0
5. Amend Sec.  17.104 by removing from paragraph (a) ``If the debt 
represents charges made under Sec.  17.101 (a) or (b) questions 
concerning suspension or termination of collection action shall be 
referred to the Chief of the Fiscal activity of the station'' and 
adding, in its place, ``If the debt represents charges made under 
Sec. Sec.  17.108, 17.110, or 17.111 questions concerning suspension or 
termination of collection action shall be referred to the Chief 
Financial Officer of the Consolidated Patient Account Center''.

0
6. Revise Sec.  17.105(c) to read as follows:


Sec.  17.105  Waivers.

* * * * *
    (c) Of charges for copayments. If the debt represents charges for 
outpatient medical care, inpatient hospital care, medication or 
extended care services copayments made under Sec. Sec.  17.108, 17.110, 
or 17.111, the claimant must request a waiver by submitting VA Form 
5655 (Financial Status Report) to the Consolidated Patient Account 
Center (CPAC) Chief Financial Officer. The claimant must submit this 
form within the time period provided in Sec.  1.963(b) of this chapter 
and may request a hearing under Sec.  1.966(a) of this chapter. The 
CPAC Chief Financial Officer may extend the time period for submitting 
a claim if the Chairperson of the Committee on Waivers and Compromises 
could do so under Sec.  1.963(b) of this chapter. The CPAC Chief 
Financial Officer will apply the standard ``equity and good 
conscience'' in accordance with Sec. Sec.  1.965 and 1.966(a) of this 
chapter, and may waive all or part of the claimant's debts. A decision 
by the CPAC Chief Financial Officer under this provision is final 
(except that the decision may be reversed or modified based on new and 
material evidence, fraud, a change in law or interpretation of law, or 
clear and unmistakable error shown by the evidence in the file at the 
time of the prior decision as provided in Sec.  1.969 of this chapter) 
and may be appealed in accordance with 38 CFR parts 19 and 20.
* * * * *
[FR Doc. 2015-09633 Filed 4-24-15; 8:45 am]
 BILLING CODE 8320-01-P



                                                                 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Rules and Regulations                                           23239

                                             Click on Open Docket Folder on the line                    In accordance with 33 CFR 117.35(e),               revenue activities and improve service
                                             associated with this deviation. You may                 the drawbridge must return to its regular             to veterans.
                                             also visit the Docket Management                        operating schedule immediately at the                    This rulemaking amends our
                                             Facility in Room W12–140 on the                         end of the designated time period. This               regulations to be consistent with 38
                                             ground floor of the Department of                       deviation from the operating regulations              U.S.C. 1729B, which required VA to
                                             Transportation West Building, 1200                      is authorized under 33 CFR 117.35.                    establish the CPACs, and current
                                             New Jersey Avenue SE., Washington,                        Dated: April 20, 2015.                              practice to specify that, for medical care
                                             DC 20590, between 9 a.m. and 5 p.m.,                                                                          revenue activities, the responsibility for
                                                                                                     Steve Fischer,
                                             Monday through Friday, except Federal                                                                         collection of a medical debt belongs to
                                                                                                     Bridge Administrator, Thirteenth Coast Guard
                                             holidays.                                                                                                     the CPAC, rather than the Fiscal Officer
                                                                                                     District.
                                                                                                                                                           or Chief of the Fiscal Activity at the
                                             FOR FURTHER INFORMATION CONTACT:    If                  [FR Doc. 2015–09643 Filed 4–24–15; 8:45 am]
                                                                                                                                                           medical facility or station. We also are
                                             you have questions on this temporary                    BILLING CODE 9110–04–P
                                                                                                                                                           clarifying that the Chief of the Fiscal
                                             deviation, call or email Mr. Steven                                                                           Activity of a VA facility or the Chief of
                                             Fischer, Bridge Administrator,                                                                                the Fiscal Activity of the station where
                                             Thirteenth Coast Guard District;                        DEPARTMENT OF VETERANS                                the debt occurred is no longer the
                                             telephone 206–220–7282, email d13-pf-                   AFFAIRS                                               responsible individual for the fiscal
                                             d13bridges@uscg.mil. If you have                                                                              activities of such facility or station
                                             questions on viewing the docket, call                   38 CFR Parts 1 and 17                                 because these fiscal activities fall under
                                             Cheryl Collins, Program Manager,                        RIN 2900–AP17                                         the purview of the Chief Financial
                                             Docket Operations, telephone 202–366–                                                                         Officer of the corresponding CPAC. This
                                             9826.                                                   Updating Certain Delegations of                       rulemaking amends §§ 1.956(a)(2)(iv),
                                             SUPPLEMENTARY INFORMATION:      The                     Authority in VA Medical Regulations                   17.103(a), 17.104(a), and 17.105(c).
                                             Washington State Department of                                                                                   Current § 1.956(a)(2)(iv) states that
                                                                                                     AGENCY:    Department of Veterans Affairs.
                                             Transportation has requested that the                                                                         fiscal officers at VA medical facilities
                                                                                                     ACTION:   Final rule.                                 are authorized to waive veterans’ debts
                                             Montlake Bridge remain in the closed-
                                             to-navigation position to accommodate                   SUMMARY:    The Department of Veterans                arising from medical care copayments
                                             the rapid movement of highway traffic                   Affairs (VA) is making technical                      (§ 17.105(c)). Consistent with 38 U.S.C.
                                             associated with the University of                       amendments to its medical regulations                 1729B and under current practice, the
                                             Washington Football game on April 25,                   by updating certain delegations of                    CPACs are responsible for waiving debts
                                             2015. The Montlake Bridge across the                    authority to be consistent with the                   related to medical care copayments, not
                                             Lake Washington Ship Canal at mile 5.2                  statutory authority that established the              the individual VA medical facilities. We
                                             and while in the closed position                        Consolidated Patient Account Centers                  are amending § 1.956(a)(2)(iv) to clarify
                                             provides 30 feet of vertical clearance                  (CPACs). VA is, through this final rule,              that the Chief Financial Officer of the
                                             throughout the navigation channel and                   specifying delegations of authority for               Consolidated Patient Account Center is
                                             46 feet of vertical clearance throughout                the collection of debts owed VA to the                authorized to waive veterans’ debts
                                             the center 60-feet of the bridge; vertical              Chief Financial Officers of the CPACs.                arising from medical care copayments
                                                                                                                                                           (§ 17.105(c).
                                             clearance references to the Mean Water                  DATES: Effective date: This final rule is
                                                                                                                                                              Current § 17.103(a) states that
                                             Level of Lake Washington. Under                         effective April 27, 2015.                             compromise offers for debts of charges
                                             normal conditions this bridge operates                  FOR FURTHER INFORMATION CONTACT:                      made under § 17.101(a) shall be referred
                                             in accordance with 33 CFR 117.1051(e)                   Kristin J. Cunningham, Director                       to the Chief of the Fiscal activity of the
                                             which requires the bridge to open on                    Business Policy, Chief Business Office                facility for application of the collection
                                             signal, except that the bridge need not                 (10NB6), Veterans Health                              standards in § 1.900 et seq. The
                                             open for vessels less than 1,000 gross                  Administration, Department of Veterans                reference to § 17.101(a) is incorrect. A
                                             tons between 7 a.m. and 9 a.m. and 3:30                 Affairs, 810 Vermont Avenue NW.,                      veteran is not responsible for charges
                                             p.m. and 6:30 p.m. Monday through                       Washington, DC 20420; (202) 382–2508.                 billed to an insurance company under
                                             Friday. This deviation period is from                   (This is not a toll-free number.)                     the methodology in § 17.101. Only the
                                             10:00 a.m. to 3:00 p.m. April 25, 2015.                 SUPPLEMENTARY INFORMATION: This                       General Counsel and those authorized to
                                             The deviation allows the bascule span                   rulemaking amends VA’s regulations in                 act for the General Counsel have the
                                             of the Montlake Bridge to remain in the                 title 38 Code of Federal Regulations                  authority to compromise or waive a
                                             closed to navigation position from 10                   (CFR) that delegate authority for the                 claim arising under 38 U.S.C. 1729 and
                                             a.m. to 3 p.m. on April 25, 2015.                       collection of debts owed to VA for                    38 CFR 17.101. The application of the
                                             Waterway usage on the Lake                              medical care or services provided or                  collection standards in § 1.900 et seq.
                                             Washington Ship Canal ranges from                       furnished to a veteran for a nonservice-              are primarily focused on benefit debt,
                                             commercial tug and barge to small                       connected disability to the Fiscal Officer            including copayment debt and
                                             pleasure craft.                                         or the Chief of the Fiscal Activity at the            employee debt. The reference to
                                                Vessels able to pass through the                     VA medical facility responsible for the               § 17.101(a) was added in error by a final
                                             bridge in the closed positions may do so                collection of the debt or the station                 rule published by VA in 1996, 61 FR
                                             at any time. The bridge will be able to                 where the debt occurred. Consistent                   21964. The correct reference in
                                             open for emergencies and there is no                    with the requirements of 38 U.S.C.                    § 17.103(a) should be to the copayment
                                             immediate alternate route for vessels to                1729B, VA established seven                           provisions of §§ 17.108, 17.110 or
Rmajette on DSK2VPTVN1PROD with RULES




                                             pass. The Coast Guard will also inform                  Consolidated Patient Account Centers                  17.111. Accordingly, we are amending
                                             the users of the waterways through our                  (CPACs), whose function is to centralize              paragraph (a), introductory text, by
                                             Local and Broadcast Notices to Mariners                 the billing and collection activities of              removing the references made to the
                                             of the change in operating schedule for                 VA medical facilities related to medical              debt that represents charges made under
                                             the bridge so that vessels can arrange                  care (commonly referred to as ‘‘revenue               § 17.101(a), and the Chief of the Fiscal
                                             their transits to minimize any impact                   activity’’). Creation of the CPACs has                activity of the facility to refer instead to
                                             caused by the temporary deviation.                      allowed VA to uniformly address                       the debt representing charges made


                                        VerDate Sep<11>2014   14:38 Apr 24, 2015   Jkt 235001   PO 00000   Frm 00011   Fmt 4700   Sfmt 4700   E:\FR\FM\27APR1.SGM   27APR1


                                             23240               Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Rules and Regulations

                                             under §§ 17.108, 17.110 or 17.111, and                  effective date. This final rule merely                review, as ‘‘any regulatory action that is
                                             the Chief Financial Officer of the                      revises VA’s regulations so that they                 likely to result in a rule that may: (1)
                                             Consolidated Patient Account Center                     align with recent statutory amendments                Have an annual effect on the economy
                                             (CPAC) to make the statement in line                    and corrects a citation that was added                of $100 million or more or adversely
                                             with the authorizing statute for the                    in error by a prior rulemaking. These are             affect in a material way the economy, a
                                             CPAC. We are also amending the                          technical revisions only. Therefore,                  sector of the economy, productivity,
                                             heading of § 17.103(a) to refer to the                  compliance with the notice-and-                       competition, jobs, the environment,
                                             ‘‘Chief Financial Officers of the                       comment and delayed effective date                    public health or safety, or State, local,
                                             Consolidated Patient Account Centers’’                  requirements of 5 U.S.C. 553 is                       or tribal governments or communities;
                                             in order to correctly state the individual              unnecessary.                                          (2) Create a serious inconsistency or
                                             who is responsible for the financial                                                                          otherwise interfere with an action taken
                                             activities of paragraph (a). We are also                Effect of Rulemaking                                  or planned by another agency; (3)
                                             amending § 17.103(a)(2), which uses the                   Title 38 of the Code of Federal                     Materially alter the budgetary impact of
                                             term ‘‘field station.’’ As we have stated               Regulations, as revised by this final                 entitlements, grants, user fees, or loan
                                             in this rulemaking, the CPAC is now in                  rulemaking, represents VA’s                           programs or the rights and obligations of
                                             charge of activities that were previously               implementation of its legal authority on              recipients thereof; or (4) Raise novel
                                             done in a field facility. We are,                       this subject. Other than future                       legal or policy issues arising out of legal
                                             therefore, removing the term ‘‘a field                  amendments to this regulation or                      mandates, the President’s priorities, or
                                             station’’ in paragraph (a)(2) and adding,               governing statutes, no contrary guidance              the principles set forth in this Executive
                                             in its place, ‘‘the CPAC.’’ We are making               or procedures are authorized. All                     Order.’’
                                             a similar amendment in § 17.104(a),                     existing or subsequent VA guidance                       The economic, interagency,
                                             which states that questions concerning                  must be read to conform with this                     budgetary, legal, and policy
                                             suspension or termination of collection                 rulemaking if possible or, if not                     implications of this final rule have been
                                             action shall be referred to the Chief of                possible, such guidance is superseded                 examined, and it has been determined
                                             the Fiscal activity of the station for                  by this rulemaking.                                   not to be a significant regulatory action
                                             application of the collection standards                                                                       under Executive Order 12866. VA’s
                                                                                                     Paperwork Reduction Act
                                             in § 1.900 et seq. Specifically, we are                                                                       impact analysis can be found as a
                                             amending paragraph (a) by removing the                    This final rule contains no provisions              supporting document at http://
                                             reference to § 17.101(a) and (b). As                    constituting a collection of information              www.regulations.gov, usually within 48
                                             previously stated in this rulemaking,                   under the Paperwork Reduction Act of                  hours after the rulemaking document is
                                             these references are incorrect because                  1995 (44 U.S.C. 3501–3521).                           published. Additionally, a copy of the
                                             the veteran is not responsible for                      Regulatory Flexibility Act                            rulemaking and its impact analysis are
                                             charges under § 17.101; rather, the                                                                           available on VA’s Web site at http://
                                             veteran is responsible for charges under                  The Secretary hereby certifies that                 www.va.gov/orpm, by following the link
                                             §§ 17.108, 17.110 or 17.111. We are also                this final rule will not have a significant           for VA Regulations Published from FY
                                             amending the term ‘‘Chief of the Fiscal                 economic impact on a substantial                      2004 through FYTD.
                                             activity of the station’’ and replacing it              number of small entities as they are
                                             with ‘‘Chief Financial Officer of the                   defined in the Regulatory Flexibility                 Unfunded Mandates
                                             Consolidated Patient Account Center.’’                  Act, 5 U.S.C. 601–612. This final rule                   The Unfunded Mandates Reform Act
                                                Paragraph (c) of § 17.105 states that                directly affects only individuals and                 of 1995 requires, at 2 U.S.C. 1532, that
                                             the Fiscal Officer at a VA medical                      will not directly affect small entities.              agencies prepare an assessment of
                                             facility where all or part of the debt was              Therefore, pursuant to 5 U.S.C. 605(b),               anticipated costs and benefits before
                                             incurred will receive claims for waivers,               this rulemaking is exempt from the                    issuing any rule that may result in the
                                             and that the Fiscal Officer may also                    initial and final regulatory flexibility              expenditure by State, local, and tribal
                                             extend the time period for submitting                   analysis requirements of 5 U.S.C. 603                 governments, in the aggregate, or by the
                                             said waiver. Paragraph (c) also states                  and 604.                                              private sector, of $100 million or more
                                             that a decision rendered by the Fiscal                  Executive Orders 12866 and 13563                      (adjusted annually for inflation) in any
                                             Officer under this provision is final. In                                                                     one year. This final rule will have no
                                             an effort to maintain consistency, we are                  Executive Orders 12866 and 13563                   such effect on State, local, and tribal
                                             removing the words ‘‘Fiscal Officer at a                direct agencies to assess the costs and               governments, or on the private sector.
                                             VA medical facility where all or part of                benefits of available regulatory
                                             the debt was incurred’’ and replacing                   alternatives and, when regulation is                  Catalog of Federal Domestic Assistance
                                             them with ‘‘the Consolidated Patient                    necessary, to select regulatory                         The Catalog of Federal Domestic
                                             Account Center (CPAC) Chief Financial                   approaches that maximize net benefits                 Assistance program numbers and titles
                                             Officer.’’ We are also removing the term                (including potential economic,                        for this rule are as follows: 64.008,
                                             ‘‘Fiscal Officer’’ and replacing the term               environmental, public health and safety               Veterans Domiciliary Care; 64.009,
                                             with ‘‘CPAC Chief Financial Officer’’                   effects, and other advantages;                        Veterans Medical Care Benefits; 64.010,
                                             every time it appears. We are making                    distributive impacts; and equity).                    Veterans Nursing Home Care; and
                                             these changes because the CPACs are                     Executive Order 13563 (Improving                      64.018, Sharing Specialized Medical
                                             now in charge of processing waivers of                  Regulation and Regulatory Review)                     Resources.
                                             debts of charges for copayments.                        emphasizes the importance of
                                                                                                     quantifying both costs and benefits,                  Signing Authority
                                             Administrative Procedure Act
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                                                                                                     reducing costs, harmonizing rules, and                  The Secretary of Veterans Affairs, or
                                                The Secretary of Veterans Affairs                    promoting flexibility. Executive Order                designee, approved this document and
                                             finds that there is good cause under 5                  12866 (Regulatory Planning and                        authorized the undersigned to sign and
                                             U.S.C. 553(b)(B) and (d)(3) to dispense                 Review) defines a ‘‘significant                       submit the document to the Office of the
                                             with the opportunity for notice and                     regulatory action,’’ requiring review by              Federal Register for publication
                                             public comment and good cause to                        the Office of Management and Budget                   electronically as an official document of
                                             publish this rule with an immediate                     (OMB), unless OMB waives such                         the Department of Veterans Affairs. Jose


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                                                                 Federal Register / Vol. 80, No. 80 / Monday, April 27, 2015 / Rules and Regulations                                               23241

                                             D. Riojas, Chief of Staff, Department of                ■ b. In paragraph (a) introductory text,              prior decision as provided in § 1.969 of
                                             Veterans Affairs, approved this                         removing ‘‘If the debt represents charges             this chapter) and may be appealed in
                                             document on April 16, 2015, for                         made under § 17.101(a), the compromise                accordance with 38 CFR parts 19 and
                                             publication.                                            offer shall be referred to the Chief of the           20.
                                                                                                     Fiscal activity of the facility’’ and                 *     *    *     *    *
                                             List of Subjects                                        adding, in its place, ‘‘If the debt                   [FR Doc. 2015–09633 Filed 4–24–15; 8:45 am]
                                             38 CFR Part 1                                           represents charges made under                         BILLING CODE 8320–01–P
                                               Administrative practice and                           §§ 17.108, 17.110, or 17.111, the
                                             procedure, Archives and records,                        compromise offer shall be referred to the
                                             Cemeteries, Claims, Courts, Crime,                      Chief Financial Officer of the                        DEPARTMENT OF HEALTH AND
                                                                                                     Consolidated Patient Account Center
                                             Flags, Freedom of information,                                                                                HUMAN SERVICES
                                                                                                     (CPAC)’’.
                                             Government contracts, Government
                                                                                                     ■ c. In paragraph (a)(2), removing the                42 CFR Part 37
                                             employees, Government property,
                                                                                                     term ‘‘a field station’’ and adding, in its
                                             Infants and children, Inventions and                    place, ‘‘the CPAC’’.
                                             patents, Parking Penalties, Privacy                                                                           Specifications for Medical
                                             Reporting and recordkeeping                             § 17.104    [Amended]
                                                                                                                                                           Examinations of Coal Miners
                                             requirements, Seals and insignia,                       ■ 5. Amend § 17.104 by removing from                  CFR Correction
                                             Security measures, Wages.                               paragraph (a) ‘‘If the debt represents
                                                                                                                                                              In Title 42 of the Code of Federal
                                             38 CFR Part 17                                          charges made under § 17.101 (a) or (b)
                                                                                                                                                           Regulations, Parts 1 to 399, revised as of
                                                                                                     questions concerning suspension or
                                               Administrative practice and                                                                                 October 1, 2014, on page 183, in § 37.51,
                                                                                                     termination of collection action shall be
                                             procedure, Claims, Health care, Health                                                                        in paragraph (d)(1)(i), remove the text
                                                                                                     referred to the Chief of the Fiscal
                                             facilities, Health records, Nursing                                                                           ‘‘P=’56734’≤’’.
                                                                                                     activity of the station’’ and adding, in its
                                             homes, Reporting and recordkeeping                      place, ‘‘If the debt represents charges               [FR Doc. 2015–09757 Filed 4–24–15; 8:45 am]
                                             requirements, Veterans.                                 made under §§ 17.108, 17.110, or 17.111               BILLING CODE 1505–01–D

                                               Approved: April 21, 2015.                             questions concerning suspension or
                                             Michael Shores,                                         termination of collection action shall be
                                             Chief Impact Analyst, Office of Regulation              referred to the Chief Financial Officer of            DEPARTMENT OF COMMERCE
                                             Policy & Management, Office of the General              the Consolidated Patient Account
                                             Counsel, Department of Veterans Affairs.                Center’’.                                             National Oceanic and Atmospheric
                                               For the reasons set forth in the                      ■ 6. Revise § 17.105(c) to read as                    Administration
                                             preamble, we amend 38 CFR parts 1 and                   follows:
                                             17 as follows:                                                                                                50 CFR Part 679
                                                                                                     § 17.105    Waivers.
                                                                                                                                                           [Docket No. 141021887–5172–02]
                                             PART 1—GENERAL PROVISIONS                               *      *     *     *    *
                                                                                                       (c) Of charges for copayments. If the               RIN 0648–XD918
                                             ■ 1. The authority citation for part 1                  debt represents charges for outpatient
                                             continues to read as follows:                           medical care, inpatient hospital care,                Fisheries of the Exclusive Economic
                                                                                                     medication or extended care services                  Zone Off Alaska; Pacific Ocean Perch
                                               Authority: 38 U.S.C. 501(a), and as noted             copayments made under §§ 17.108,                      in the Bering Sea and Aleutian Islands
                                             in specific sections.                                                                                         Management Area
                                                                                                     17.110, or 17.111, the claimant must
                                             ■ 2. Revise § 1.956(a)(2)(iv) to read as                request a waiver by submitting VA Form
                                                                                                                                                           AGENCY:  National Marine Fisheries
                                             follows:                                                5655 (Financial Status Report) to the
                                                                                                                                                           Service (NMFS), National Oceanic and
                                                                                                     Consolidated Patient Account Center
                                             § 1.956    Jurisdiction.                                                                                      Atmospheric Administration (NOAA),
                                                                                                     (CPAC) Chief Financial Officer. The
                                                (a) * * *                                                                                                  Commerce.
                                                                                                     claimant must submit this form within
                                                (2) * * *                                            the time period provided in § 1.963(b) of             ACTION: Temporary rule; closure.
                                                (iv) The Chief Financial Officer of the              this chapter and may request a hearing
                                             Consolidated Patient Account Center is                                                                        SUMMARY:   NMFS is prohibiting directed
                                                                                                     under § 1.966(a) of this chapter. The                 fishing for Pacific ocean perch in the
                                             authorized to waive veterans’ debts                     CPAC Chief Financial Officer may
                                             arising from medical care copayments                                                                          Eastern Aleutian district (EAI) of the
                                                                                                     extend the time period for submitting a               Bering Sea and Aleutian Islands
                                             (§ 17.105(c) of this chapter).                          claim if the Chairperson of the                       management area (BSAI) by vessels
                                             *      *    *     *     *                               Committee on Waivers and                              participating in the BSAI trawl limited
                                                                                                     Compromises could do so under                         access fishery. This action is necessary
                                             PART 17—MEDICAL                                         § 1.963(b) of this chapter. The CPAC                  to prevent exceeding the 2015 total
                                                                                                     Chief Financial Officer will apply the                allowable catch (TAC) of Pacific ocean
                                             ■ 3. The authority citation for part 17
                                                                                                     standard ‘‘equity and good conscience’’               perch in the EAI allocated to vessels
                                             continues to read as follows:
                                                                                                     in accordance with §§ 1.965 and                       participating in the BSAI trawl limited
                                               Authority: 38 U.S.C. 501, and as noted in             1.966(a) of this chapter, and may waive               access fishery.
                                             specific sections.                                      all or part of the claimant’s debts. A
                                                                                                                                                           DATES: Effective 1200 hrs, Alaska local
                                                                                                     decision by the CPAC Chief Financial
                                             § 17.103    [Amended]                                                                                         time (A.l.t.), April 22, 2015, through
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                                                                                                     Officer under this provision is final
                                             ■  4. Amend § 17.103 by:                                (except that the decision may be                      2400 hrs, A.l.t., December 31, 2015.
                                             ■  a. In the heading of paragraph (a),                  reversed or modified based on new and                 FOR FURTHER INFORMATION CONTACT:
                                             removing the term ‘‘Chiefs of Fiscal                    material evidence, fraud, a change in                 Steve Whitney, 907–586–7228.
                                             activities’’ and adding, in its place,                  law or interpretation of law, or clear and            SUPPLEMENTARY INFORMATION: NMFS
                                             ‘‘Chief Financial Officers of the                       unmistakable error shown by the                       manages the groundfish fishery in the
                                             Consolidated Patient Account Centers’’.                 evidence in the file at the time of the               BSAI exclusive economic zone


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Document Created: 2015-12-16 08:29:45
Document Modified: 2015-12-16 08:29:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
ContactKristin J. Cunningham, Director Business Policy, Chief Business Office (10NB6), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420; (202) 382-2508. (This is not a toll-free number.)
FR Citation80 FR 23239 
RIN Number2900-AP17
CFR Citation38 CFR 17
38 CFR 1
CFR AssociatedAdministrative Practice and Procedure; Archives and Records; Cemeteries; Claims; Courts; Crime; Flags; Freedom of Information; Government Contracts; Government Employees; Government Property; Infants and Children; Inventions and Patents; Parking Penalties; Privacy Reporting and Recordkeeping Requirements; Seals and Insignia; Security Measures; Wages; Health Care; Health Facilities; Health Records; Nursing Homes; Reporting and Recordkeeping Requirements and Veterans

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