80_FR_44461 80 FR 44318 - Payment of Emergency Medication by VA

80 FR 44318 - Payment of Emergency Medication by VA

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 80, Issue 143 (July 27, 2015)

Page Range44318-44320
FR Document2015-18331

The Department of Veterans Affairs (VA) proposes to amend its medical regulations that govern reimbursement of emergency treatment provided by non-VA medical care providers. VA proposes to clarify its regulations insofar as it involves the reimbursement of medications prescribed or provided to the veteran during the episode of non-VA emergency treatment.

Federal Register, Volume 80 Issue 143 (Monday, July 27, 2015)
[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Proposed Rules]
[Pages 44318-44320]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18331]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AP34


Payment of Emergency Medication by VA

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its 
medical regulations that govern reimbursement of emergency treatment 
provided by non-VA medical care providers. VA proposes to clarify its 
regulations insofar as it involves the reimbursement of medications 
prescribed or provided to the veteran during the episode of non-VA 
emergency treatment.

DATES: Comments must be received by VA on or before September 25, 2015.

ADDRESSES: Written comments may be submitted through http://www.Regulations.gov; by mail or hand-delivery to: Director, Regulation 
Policy and Management (02REG), Department of Veterans Affairs, 810 
Vermont Ave. NW., Room 1068, Washington, DC 20420; or by fax to (202) 
273-9026. (This is not a toll-free telephone number.) Comments should 
indicate that they are submitted in response to ``RIN 2900-AP34-Payment 
of Emergency Medication by VA.'' Copies of comments received will be 
available for public inspection in the Office of Regulation Policy and 
Management, Room 1068, between the hours of 8:00 a.m. and 4:30 p.m., 
Monday through Friday (except holidays). Please call (202) 461-4902 for 
an appointment. (This is not a toll-free telephone number.) In 
addition, during the comment period, comments may be viewed online 
through the Federal Docket Management System (FDMS) at http://www.Regulations.gov.

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

SUPPLEMENTARY INFORMATION: VA is authorized under 38 U.S.C. 1725 to 
reimburse an eligible veteran (or the provider of the emergency 
treatment or another person or entity who paid such expenses on the 
veteran's behalf) for the reasonable value of emergency treatment 
furnished to the Veteran at a non-VA medical facility. Under 38 U.S.C. 
1728, VA is authorized to reimburse eligible veterans (or the provider 
of the emergency treatment or another person or entity who paid such 
expenses on the veteran's behalf) for the customary and usual charges 
of non-VA emergency treatment furnished to the veteran.
    Section 1725 provides that in order for VA to reimburse a veteran 
for the reasonable value of non-VA emergency treatment under that 
section, such veteran must, among other things, be personally liable 
for the emergency treatment received in a non-VA medical facility, be 
enrolled in the VA health care system, and must have received medical 
care under chapter 17 of title 38 U.S.C. within the 24-month period 
prior to the receipt of such emergency

[[Page 44319]]

treatment. Reimbursement is authorized under section 1728 when non-VA 
emergency treatment was rendered to such veteran for: The treatment of 
an adjudicated service-connected disability; a non-service-connected 
disability associated with and held to be aggravating a service-
connected disability; any disability of a veteran if the veteran has a 
total disability permanent in nature from a service-connected 
disability; and for any illness, injury or dental condition if the 
veteran is participating in a vocational rehabilitation program and is 
determined to be in medical need of care or treatment to make possible 
the veteran's entrance into a course of training, or prevent 
interruption of a course of training, or hasten the return to a course 
of training which was interrupted because of such illness, injury, or 
dental condition.
    Current VA regulations implementing 38 U.S.C. 1725 and 1728 each 
state that covered emergency treatment includes ``medication, including 
a short course of medication related to and necessary for the treatment 
of the emergency condition that is provided directly to the patient for 
use after the emergency condition is stabilized and the patient is 
discharged.'' See 38 CFR 17.120(b) and 17.1002. It is undisputed that 
medications directly provided to the veteran or administered to the 
veteran as part of the emergency treatment are covered. However, the 
language ``provided directly to the patient'' has been found to be 
vague inasmuch as it does not clearly indicate that it also extends to 
a short course of necessary medication provided to the veteran by way 
of a prescription that is written or called in to an outpatient or 
commercial pharmacy by the emergency non-VA provider with instructions 
to the veteran-patient to obtain and use the medication post-discharge, 
as directed. We note this issue was not addressed in the original 
rulemakings associated with the implementation of section 1725; it was 
raised however in subsequent amendatory rulemaking in 2011. In 2011, 
final rulemaking for Sec. Sec.  17.120(b) and 17.1002 included changes 
to further define ``emergency treatment.'' Among other things, new 
language was added to Sec. Sec.  17.120(b) and 17.1002 to indicate that 
emergency treatment includes ``medication, including a short course of 
medication related to and necessary for the treatment of the emergency 
condition that is provided directly to the patient for use after the 
emergency condition is stabilized and the patient is discharged.'' It 
was explained that such change merely reflected VA's original intention 
and was done for clarification purposes only, in response to a 
commenter's concerns. See 76 FR 79067, 79069-79070 (Dec. 21, 2011).
    VA has interpreted, and still interprets, emergency treatment, for 
purposes of both Sec. Sec.  17.120 and 17.1002, to extend to situations 
where the veteran receives, during the emergency treatment episode, a 
prescription from the non-VA emergency provider for a short course of 
necessary medication (related to and necessary for treatment of the 
emergency condition post-stabilization) which the veteran-patient is 
directed to obtain post-discharge and use at home as directed. Nor 
should it matter whether the non-VA emergency provider, in the course 
of providing such emergency treatment, provides the prescription in 
writing or, at the request of a patient, calls it into an outpatient or 
commercial pharmacy on the patient's behalf. Again it was never 
intended or contemplated that the language ``directly provided to the 
patient'' would be interpreted to mean only medications actually 
administered to the patient during the emergency treatment episode and 
exclude such related prescriptions. The proposed amendments would be 
consistent with VA policy and would help ensure our regulations are not 
interpreted more narrowly than VA intends (as discussed herein).
    Specifically, we propose to amend Sec.  17.120(b) to clarify that 
VA would reimburse the cost of a short course of medication prescribed 
for the veteran at the time that the veteran was receiving emergency 
treatment, by stating that emergency treatment would include ``a short 
course of medication related to and necessary for the treatment of the 
emergency condition that is provided directly to or prescribed for the 
patient for use after the emergency condition is stabilized and the 
patient is discharged.'' We propose to make similar amendment to the 
introductory paragraph of Sec.  17.1002.

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as proposed to be 
revised by this rulemaking, would represent the exclusive legal 
authority on this subject. No contrary rules or procedures would be 
authorized. All VA guidance would be read to conform with this proposed 
rulemaking if possible or, if not possible, such guidance would be 
superseded by this rulemaking.

Paperwork Reduction Act

    This proposed 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 proposed rule would 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 proposed rule would directly affect only 
individuals and would 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 regulatory action 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

[[Page 44320]]

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 Fiscal Year to 
Date.''

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 proposed rule would 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 numbers and titles for 
the programs affected by this document are 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; 64.014, Veterans 
State Domiciliary Care; 64.015, Veterans State Nursing Home Care; 
64.018, Sharing Specialized Medical Resources; 64.019, Veterans 
Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based 
Primary Care; and 64.024, VA Homeless Providers Grant and Per Diem 
Program.

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. Robert L. 
Nabors II, Chief of Staff, Department of Veterans Affairs, approved 
this document on July 20, 2015, for publication.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Claims, Day care, Dental health, Drug abuse, Health care, Health 
facilities, Health professions, Health records, Homeless, Mental health 
programs, Nursing homes, Veterans.

    Dated: July 22, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy & Management, Office of 
the General Counsel, Department of Veterans Affairs.

    For the reasons set out in the preamble, VA proposes to amend 38 
CFR part 17 as follows:

PART 17--MEDICAL

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

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


Sec.  17.120  [Amended]

0
2. Amend the first sentence of Sec.  17.120(b) by adding ``or 
prescribed for'' immediately after ``provided directly to''.

Sec.  17.1002  [Amended]

0
3. Amend the introductory text of Sec.  17.1002 by adding ``or 
prescribed for'' immediately after ``provided directly to''.
[FR Doc. 2015-18331 Filed 7-24-15; 8:45 am]
 BILLING CODE 8320-01-P



                                                    44318                     Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Proposed Rules

                                                    report) in effect as of December 31,                     percent if the value of plan assets used              prescribed or provided to the veteran
                                                    2007.                                                    for minimum funding purposes were                     during the episode of non-VA
                                                      (3) In the case of a plan year for which               substituted for the asset value                       emergency treatment.
                                                    a plan is subject to the Cooperative and                 determined without regard to the                      DATES: Comments must be received by
                                                    Small Employer Charity Pension                           segment rate stabilized interest                      VA on or before September 25, 2015.
                                                    Flexibility Act, Public Law 113–97,                      provisions of ERISA section                           ADDRESSES: Written comments may be
                                                    dealing with certain defined benefit                     303(h)(2)(iv) for purposes of                         submitted through http://
                                                    pension plans maintained by more than                    determining such percentage.                          www.Regulations.gov; by mail or hand-
                                                    one employer, the plan must meet the                        (d) Missed contributions resulting in a            delivery to: Director, Regulation Policy
                                                    requirements in connection with the                      lien or outstanding minimum funding                   and Management (02REG), Department
                                                    actuarial valuation report in accordance                 waivers. Reporting is waived for a                    of Veterans Affairs, 810 Vermont Ave.
                                                    with instructions on PBGC’s Web site,                    person (that would be a filer if not for              NW., Room 1068, Washington, DC
                                                    http://www.pbgc.gov.                                     the waiver) for an information year if,               20420; or by fax to (202) 273–9026.
                                                    ■ 5. Section 4010.11 is revised to read                  for the plan year ending within the                   (This is not a toll-free telephone
                                                    as follows:                                              information year, reporting would have                number.) Comments should indicate
                                                    § 4010.11   Waivers and extensions.
                                                                                                             been required solely under                            that they are submitted in response to
                                                                                                             § 4010.4(a)(2) or (3), provided that the              ‘‘RIN 2900–AP34–Payment of
                                                       (a) Plan funding/participant count                    missed contributions or minimum                       Emergency Medication by VA.’’ Copies
                                                    waiver. Unless reporting is required by                  funding waivers (as applicable) were                  of comments received will be available
                                                    § 4010.4(a)(2) or (3), reporting is waived               reported to PBGC under part 4043 of                   for public inspection in the Office of
                                                    for a person (that would be a filer if not               this chapter by the due date for the 4010             Regulation Policy and Management,
                                                    for the waiver) for an information year                  filing.                                               Room 1068, between the hours of 8:00
                                                    if, for the plan year ending within the                     (e) Other waiver authority. PBGC may               a.m. and 4:30 p.m., Monday through
                                                    information year—                                        waive the requirement to submit
                                                       (1) The aggregate 4010 funding                                                                              Friday (except holidays). Please call
                                                                                                             information with respect to one or more               (202) 461–4902 for an appointment.
                                                    shortfall for all plans (including any
                                                                                                             filers or plans or may extend the                     (This is not a toll-free telephone
                                                    exempt plans) maintained by the
                                                                                                             applicable due date or dates specified in             number.) In addition, during the
                                                    person’s controlled group (disregarding
                                                                                                             § 4010.10. PBGC will exercise this                    comment period, comments may be
                                                    those plans with no 4010 funding
                                                                                                             discretion in appropriate cases where it              viewed online through the Federal
                                                    shortfall) does not exceed $15 million;
                                                                                                             finds convincing evidence supporting a                Docket Management System (FDMS) at
                                                    and
                                                       (2) The aggregate number of                           waiver or extension; any waiver or                    http://www.Regulations.gov.
                                                    participants in all plans (including any                 extension may be subject to conditions.               FOR FURTHER INFORMATION CONTACT:
                                                    exempt plans) maintained by the                          A request for a waiver or extension must              Kristin J. Cunningham, Director,
                                                    person’s controlled group is fewer than                  be filed in writing with PBGC at the                  Business Policy, Chief Business Office
                                                    500. For this purpose, the number of                     address provided in § 4010.10(c) no                   (10NB6), Veterans Health
                                                    participants in any plan may be                          later than 15 days before the applicable              Administration, Department of Veterans
                                                    determined either as of the end of the                   due date specified in § 4010.10, and                  Affairs, 810 Vermont Ave. NW.,
                                                    plan year ending within the information                  must state the facts and circumstances                Washington, DC 20420; (202) 382–2508.
                                                    year or as of the valuation date for that                on which the request is based.                        (This is not a toll-free number.)
                                                    plan year.                                                 Issued in Washington, DC, this 17th day of          SUPPLEMENTARY INFORMATION: VA is
                                                       (b) 4010 funding shortfall for waivers                July, 2015.                                           authorized under 38 U.S.C. 1725 to
                                                    and exemptions—(1) General. A plan’s                     Alice C. Maroni,                                      reimburse an eligible veteran (or the
                                                    4010 funding shortfall for a plan year                   Acting Director, Pension Benefit Guaranty             provider of the emergency treatment or
                                                    equals the funding shortfall as provided                 Corporation.                                          another person or entity who paid such
                                                    under ERISA section 303(c)(4) and Code                   [FR Doc. 2015–18177 Filed 7–24–15; 8:45 am]           expenses on the veteran’s behalf) for the
                                                    section 430(c)(4) determined as of the                   BILLING CODE 7709–02–P                                reasonable value of emergency
                                                    valuation date for the plan year, except                                                                       treatment furnished to the Veteran at a
                                                    that the value of plan assets is                                                                               non-VA medical facility. Under 38
                                                    determined without regard to the                         DEPARTMENT OF VETERANS                                U.S.C. 1728, VA is authorized to
                                                    reduction under ERISA section                            AFFAIRS                                               reimburse eligible veterans (or the
                                                    303(f)(4)(B) and Code section                                                                                  provider of the emergency treatment or
                                                    430(f)(4)(B) (dealing with reduction of                  38 CFR Part 17                                        another person or entity who paid such
                                                    assets by the amount of prefunding and                                                                         expenses on the veteran’s behalf) for the
                                                                                                             RIN 2900–AP34
                                                    funding standard carryover balances).                                                                          customary and usual charges of non-VA
                                                       (2) Multiple employer plans. For                      Payment of Emergency Medication by                    emergency treatment furnished to the
                                                    purposes of § 4010.8(c) and paragraph                    VA                                                    veteran.
                                                    (a) of this section, the entire 4010                                                                              Section 1725 provides that in order
                                                    funding shortfall of any multiple                        AGENCY:    Department of Veterans Affairs.            for VA to reimburse a veteran for the
                                                    employer plan of which the filer or any                  ACTION:   Proposed rule.                              reasonable value of non-VA emergency
                                                    member of the filer’s controlled group is                                                                      treatment under that section, such
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                                                    a contributing sponsor is included.                      SUMMARY:  The Department of Veterans                  veteran must, among other things, be
                                                       (c) Alternative 4010 FTAP. Unless                     Affairs (VA) proposes to amend its                    personally liable for the emergency
                                                    reporting is required by § 4010.4(a)(2) or               medical regulations that govern                       treatment received in a non-VA medical
                                                    (3), reporting is waived for a person for                reimbursement of emergency treatment                  facility, be enrolled in the VA health
                                                    an information year if the 4010 funding                  provided by non-VA medical care                       care system, and must have received
                                                    target attainment percentage of each                     providers. VA proposes to clarify its                 medical care under chapter 17 of title 38
                                                    plan maintained by the person’s                          regulations insofar as it involves the                U.S.C. within the 24-month period prior
                                                    controlled group would be at least 80                    reimbursement of medications                          to the receipt of such emergency


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                                                                              Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Proposed Rules                                            44319

                                                    treatment. Reimbursement is authorized                   intention and was done for clarification              Reduction Act of 1995 (44 U.S.C. 3501–
                                                    under section 1728 when non-VA                           purposes only, in response to a                       3521).
                                                    emergency treatment was rendered to                      commenter’s concerns. See 76 FR
                                                                                                                                                                   Regulatory Flexibility Act
                                                    such veteran for: The treatment of an                    79067, 79069–79070 (Dec. 21, 2011).
                                                    adjudicated service-connected                               VA has interpreted, and still                         The Secretary hereby certifies that
                                                    disability; a non-service-connected                      interprets, emergency treatment, for                  this proposed rule would not have a
                                                    disability associated with and held to be                purposes of both §§ 17.120 and 17.1002,               significant economic impact on a
                                                    aggravating a service-connected                          to extend to situations where the                     substantial number of small entities as
                                                    disability; any disability of a veteran if               veteran receives, during the emergency                they are defined in the Regulatory
                                                    the veteran has a total disability                       treatment episode, a prescription from                Flexibility Act, 5 U.S.C. 601–612. This
                                                    permanent in nature from a service-                      the non-VA emergency provider for a                   proposed rule would directly affect only
                                                    connected disability; and for any illness,               short course of necessary medication                  individuals and would not directly
                                                    injury or dental condition if the veteran                (related to and necessary for treatment               affect small entities. Therefore, pursuant
                                                    is participating in a vocational                         of the emergency condition post-                      to 5 U.S.C. 605(b), this rulemaking is
                                                    rehabilitation program and is                            stabilization) which the veteran-patient              exempt from the initial and final
                                                    determined to be in medical need of                      is directed to obtain post-discharge and              regulatory flexibility analysis
                                                    care or treatment to make possible the                   use at home as directed. Nor should it                requirements of 5 U.S.C. 603 and 604.
                                                    veteran’s entrance into a course of                      matter whether the non-VA emergency                   Executive Orders 12866 and 13563
                                                    training, or prevent interruption of a                   provider, in the course of providing
                                                                                                             such emergency treatment, provides the                   Executive Orders 12866 and 13563
                                                    course of training, or hasten the return                                                                       direct agencies to assess the costs and
                                                    to a course of training which was                        prescription in writing or, at the request
                                                                                                             of a patient, calls it into an outpatient             benefits of available regulatory
                                                    interrupted because of such illness,                                                                           alternatives and, when regulation is
                                                    injury, or dental condition.                             or commercial pharmacy on the
                                                                                                             patient’s behalf. Again it was never                  necessary, to select regulatory
                                                       Current VA regulations implementing                                                                         approaches that maximize net benefits
                                                                                                             intended or contemplated that the
                                                    38 U.S.C. 1725 and 1728 each state that                                                                        (including potential economic,
                                                                                                             language ‘‘directly provided to the
                                                    covered emergency treatment includes                                                                           environmental, public health and safety
                                                                                                             patient’’ would be interpreted to mean
                                                    ‘‘medication, including a short course of                                                                      effects, and other advantages;
                                                                                                             only medications actually administered
                                                    medication related to and necessary for                                                                        distributive impacts; and equity).
                                                                                                             to the patient during the emergency
                                                    the treatment of the emergency                                                                                 Executive Order 13563 (Improving
                                                                                                             treatment episode and exclude such
                                                    condition that is provided directly to                                                                         Regulation and Regulatory Review)
                                                                                                             related prescriptions. The proposed
                                                    the patient for use after the emergency                                                                        emphasizes the importance of
                                                                                                             amendments would be consistent with
                                                    condition is stabilized and the patient is                                                                     quantifying both costs and benefits,
                                                                                                             VA policy and would help ensure our
                                                    discharged.’’ See 38 CFR 17.120(b) and                                                                         reducing costs, harmonizing rules, and
                                                                                                             regulations are not interpreted more
                                                    17.1002. It is undisputed that                                                                                 promoting flexibility. Executive Order
                                                                                                             narrowly than VA intends (as discussed
                                                    medications directly provided to the                                                                           12866 (Regulatory Planning and
                                                                                                             herein).
                                                    veteran or administered to the veteran                      Specifically, we propose to amend                  Review) defines a ‘‘significant
                                                    as part of the emergency treatment are                   § 17.120(b) to clarify that VA would                  regulatory action,’’ requiring review by
                                                    covered. However, the language                           reimburse the cost of a short course of               the Office of Management and Budget
                                                    ‘‘provided directly to the patient’’ has                 medication prescribed for the veteran at              (OMB), unless OMB waives such
                                                    been found to be vague inasmuch as it                    the time that the veteran was receiving               review, as ‘‘any regulatory action that is
                                                    does not clearly indicate that it also                   emergency treatment, by stating that                  likely to result in a rule that may: (1)
                                                    extends to a short course of necessary                   emergency treatment would include ‘‘a                 Have an annual effect on the economy
                                                    medication provided to the veteran by                    short course of medication related to                 of $100 million or more or adversely
                                                    way of a prescription that is written or                 and necessary for the treatment of the                affect in a material way the economy, a
                                                    called in to an outpatient or commercial                 emergency condition that is provided                  sector of the economy, productivity,
                                                    pharmacy by the emergency non-VA                         directly to or prescribed for the patient             competition, jobs, the environment,
                                                    provider with instructions to the                        for use after the emergency condition is              public health or safety, or State, local,
                                                    veteran-patient to obtain and use the                    stabilized and the patient is                         or tribal governments or communities;
                                                    medication post-discharge, as directed.                  discharged.’’ We propose to make                      (2) Create a serious inconsistency or
                                                    We note this issue was not addressed in                  similar amendment to the introductory                 otherwise interfere with an action taken
                                                    the original rulemakings associated with                 paragraph of § 17.1002.                               or planned by another agency; (3)
                                                    the implementation of section 1725; it                                                                         Materially alter the budgetary impact of
                                                    was raised however in subsequent                         Effect of Rulemaking                                  entitlements, grants, user fees, or loan
                                                    amendatory rulemaking in 2011. In                          Title 38 of the Code of Federal                     programs or the rights and obligations of
                                                    2011, final rulemaking for §§ 17.120(b)                  Regulations, as proposed to be revised                recipients thereof; or (4) Raise novel
                                                    and 17.1002 included changes to further                  by this rulemaking, would represent the               legal or policy issues arising out of legal
                                                    define ‘‘emergency treatment.’’ Among                    exclusive legal authority on this subject.            mandates, the President’s priorities, or
                                                    other things, new language was added to                  No contrary rules or procedures would                 the principles set forth in this Executive
                                                    §§ 17.120(b) and 17.1002 to indicate that                be authorized. All VA guidance would                  Order.’’
                                                    emergency treatment includes                                                                                      The economic, interagency,
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                                                                                                             be read to conform with this proposed
                                                    ‘‘medication, including a short course of                rulemaking if possible or, if not                     budgetary, legal, and policy
                                                    medication related to and necessary for                  possible, such guidance would be                      implications of this regulatory action
                                                    the treatment of the emergency                           superseded by this rulemaking.                        have been examined, and it has been
                                                    condition that is provided directly to                                                                         determined not to be a significant
                                                    the patient for use after the emergency                  Paperwork Reduction Act                               regulatory action under Executive Order
                                                    condition is stabilized and the patient is                 This proposed rule contains no                      12866. VA’s impact analysis can be
                                                    discharged.’’ It was explained that such                 provisions constituting a collection of               found as a supporting document at
                                                    change merely reflected VA’s original                    information under the Paperwork                       http://www.regulations.gov, usually


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                                                    44320                     Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Proposed Rules

                                                    within 48 hours after the rulemaking                       Dated: July 22, 2015.                               determined allocations for the 2016
                                                    document is published. Additionally, a                   William F. Russo,                                     control periods into the SIP, and amend
                                                    copy of the rulemaking and its impact                    Acting Director, Office of Regulation Policy          the regulatory text of the CSAPR Federal
                                                    analysis are available on VA’s Web site                  & Management, Office of the General Counsel,          Implementation Plan (FIP) to reflect
                                                    at http://www.va.gov/orpm/, by                           Department of Veterans Affairs.                       approval and inclusion of the state-
                                                    following the link for ‘‘VA Regulations                    For the reasons set out in the                      determined allocations. EPA is
                                                    Published From FY 2004 Through Fiscal                    preamble, VA proposes to amend 38                     proposing to approve Alabama’s SIP
                                                    Year to Date.’’                                          CFR part 17 as follows:                               revision because it meets the
                                                                                                                                                                   requirements of the CAA and the
                                                    Unfunded Mandates                                        PART 17—MEDICAL                                       CSAPR requirements to replace EPA’s
                                                                                                                                                                   allowance allocations for the 2016
                                                       The Unfunded Mandates Reform Act                      ■ 1. The authority citation for part 17               control periods. This action is being
                                                    of 1995 requires, at 2 U.S.C. 1532, that                 continues to read as follows:                         taken pursuant to the CAA and its
                                                    agencies prepare an assessment of                          Authority: 38 U.S.C. 501, and as noted in           implementing regulations. In the Final
                                                    anticipated costs and benefits before                    specific sections.                                    Rules Section of this Federal Register,
                                                    issuing any rule that may result in the                                                                        EPA is approving the State’s
                                                    expenditure by State, local, and tribal                  § 17.120    [Amended]
                                                                                                                                                                   implementation plan revision as a direct
                                                    governments, in the aggregate, or by the                 ■ 2. Amend the first sentence of                      final rule without prior proposal
                                                    private sector, of $100 million or more                  § 17.120(b) by adding ‘‘or prescribed                 because the Agency views this as a
                                                    (adjusted annually for inflation) in any                 for’’ immediately after ‘‘provided                    noncontroversial submittal and
                                                    one year. This proposed rule would                       directly to’’.                                        anticipates no adverse comments. A
                                                    have no such effect on State, local, and                                                                       detailed rationale for the approval is set
                                                                                                             § 17.1002    [Amended]
                                                    tribal governments, or on the private                                                                          forth in the direct final rule.
                                                    sector.                                                  ■ 3. Amend the introductory text of                   DATES: Written comments must be
                                                                                                             § 17.1002 by adding ‘‘or prescribed for’’             received on or before August 26, 2015.
                                                    Catalog of Federal Domestic Assistance                   immediately after ‘‘provided directly
                                                                                                                                                                   ADDRESSES: Submit your comments,
                                                                                                             to’’.
                                                      The Catalog of Federal Domestic                        [FR Doc. 2015–18331 Filed 7–24–15; 8:45 am]
                                                                                                                                                                   identified by Docket ID No. EPA–R04–
                                                    Assistance numbers and titles for the                                                                          OAR–2015–0313, by one of the
                                                                                                             BILLING CODE 8320–01–P
                                                    programs affected by this document are                                                                         following methods:
                                                    64.007, Blind Rehabilitation Centers;                                                                             1. www.regulations.gov: Follow the
                                                    64.008, Veterans Domiciliary Care;                                                                             on-line instructions for submitting
                                                                                                             ENVIRONMENTAL PROTECTION                              comments.
                                                    64.009, Veterans Medical Care Benefits;                  AGENCY                                                   2. Email: R4-ARMS@epa.gov.
                                                    64.010, Veterans Nursing Home Care;                                                                               3. Fax: (404) 562–9019.
                                                    64.011, Veterans Dental Care; 64.012,                    40 CFR Part 52                                           4. Mail: ‘‘EPA–R04–OAR–2015–
                                                    Veterans Prescription Service; 64.014,                   [EPA–R04–OAR–2015–0313; FRL–9931–25–                  0313,’’ Air Regulatory Management
                                                    Veterans State Domiciliary Care; 64.015,                 Region 4]                                             Section (formerly Regulatory
                                                    Veterans State Nursing Home Care;                                                                              Development Section), Air Planning and
                                                    64.018, Sharing Specialized Medical                      Approval and Promulgation of                          Implementation Branch (formerly Air
                                                    Resources; 64.019, Veterans                              Implementation Plans for the State of                 Planning Branch), Air, Pesticides and
                                                    Rehabilitation Alcohol and Drug                          Alabama: Cross-State Air Pollution                    Toxics Management Division, U.S.
                                                    Dependence; 64.022, Veterans Home                        Rule                                                  Environmental Protection Agency,
                                                    Based Primary Care; and 64.024, VA                       AGENCY:  Environmental Protection                     Region 4, 61 Forsyth Street SW.,
                                                    Homeless Providers Grant and Per Diem                    Agency (EPA).                                         Atlanta, Georgia 30303–8960.
                                                    Program.                                                                                                          5. Hand Delivery or Courier: Ms.
                                                                                                             ACTION: Proposed rule.
                                                                                                                                                                   Lynorae Benjamin, Chief, Air Regulatory
                                                    Signing Authority                                                                                              Management Section, Air Planning and
                                                                                                             SUMMARY:   The Environmental Protection
                                                      The Secretary of Veterans Affairs, or                  Agency (EPA) is proposing to approve                  Implementation Branch, Air, Pesticides
                                                                                                             the State of Alabama’s March 27, 2015,                and Toxics Management Division, U.S.
                                                    designee, approved this document and
                                                                                                             State Implementation Plan (SIP)                       Environmental Protection Agency,
                                                    authorized the undersigned to sign and
                                                                                                             revision, submitted by the Alabama                    Region 4, 61 Forsyth Street SW.,
                                                    submit the document to the Office of the
                                                                                                             Department of Environmental                           Atlanta, Georgia 30303–8960. Such
                                                    Federal Register for publication                                                                               deliveries are only accepted during the
                                                    electronically as an official document of                Management. This SIP revision provides
                                                                                                             Alabama’s state-determined allowance                  Regional Office’s normal hours of
                                                    the Department of Veterans Affairs.                                                                            operation. The Regional Office’s official
                                                    Robert L. Nabors II, Chief of Staff,                     allocations for existing electric
                                                                                                             generating units (EGUs) in the State for              hours of business are Monday through
                                                    Department of Veterans Affairs,                                                                                Friday, 8:30 a.m. to 4:30 p.m., excluding
                                                                                                             the 2016 control periods and replaces
                                                    approved this document on July 20,                                                                             Federal holidays.
                                                                                                             the allowance allocations for the 2016
                                                    2015, for publication.                                                                                            Please see the direct final rule which
                                                                                                             control periods established by EPA
                                                                                                             under the Cross-State Air Pollution Rule              is located in the Rules section of this
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    List of Subjects in 38 CFR Part 17
                                                                                                             (CSAPR). The CSAPR addresses the                      Federal Register for detailed
                                                      Administrative practice and                            ‘‘good neighbor’’ provision of the Clean              instructions on how to submit
                                                    procedure, Alcohol abuse, Alcoholism,                    Air Act (CAA or Act) that requires states             comments.
                                                    Claims, Day care, Dental health, Drug                    to reduce the transport of pollution that             FOR FURTHER INFORMATION CONTACT:
                                                    abuse, Health care, Health facilities,                   significantly affects downwind                        Twunjala Bradley, Air Regulatory
                                                    Health professions, Health records,                      nonattainment and maintenance areas.                  Management Section, Air Planning and
                                                    Homeless, Mental health programs,                        EPA is proposing to approve Alabama’s                 Implementation Branch, Air, Pesticides
                                                    Nursing homes, Veterans.                                 SIP revision, incorporate the state-                  and Toxics Management Division, U.S.


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Document Created: 2018-02-23 09:26:46
Document Modified: 2018-02-23 09:26:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by VA on or before September 25, 2015.
ContactKristin J. Cunningham, Director, Business Policy, Chief Business Office (10NB6), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420; (202) 382-2508. (This is not a toll-free number.)
FR Citation80 FR 44318 
RIN Number2900-AP34
CFR AssociatedAdministrative Practice and Procedure; Alcohol Abuse; Alcoholism; Claims; Day Care; Dental Health; Drug Abuse; Health Care; Health Facilities; Health Professions; Health Records; Homeless; Mental Health Programs; Nursing Homes and Veterans

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