80_FR_63682 80 FR 63480 - Removing Net Worth Requirement From Health Care Enrollment

80 FR 63480 - Removing Net Worth Requirement From Health Care Enrollment

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 80, Issue 202 (October 20, 2015)

Page Range63480-63482
FR Document2015-26606

This rulemaking proposes to remove the regulatory provision regarding consideration by the Department of Veterans Affairs (VA) of the net worth of a veteran's assets as a factor in determining the veteran's eligibility for lower-cost VA health care. Prior to January 1, 2015, VA considered both the net worth of a veteran's assets and the veteran's annual income when determining a veteran's eligibility. Because of that, certain veterans who would have been eligible for VA health care based on their annual income alone were ineligible for care because the net value of their assets was too high, or they were placed in a less favorable eligibility category. Reporting asset information imposed a significant paperwork burden on veterans, and VA dedicated significant administrative resources to verifying reported information. VA changed its policy to improve access to health care to lower-income veterans and remove the reporting burden from veterans by discontinuing collection of asset information. This rulemaking would amend the regulation to remove the reference to VA's discretionary statutory authority to consider net worth.

Federal Register, Volume 80 Issue 202 (Tuesday, October 20, 2015)
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Proposed Rules]
[Pages 63480-63482]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26606]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AP37


Removing Net Worth Requirement From Health Care Enrollment

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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

SUMMARY: This rulemaking proposes to remove the regulatory provision 
regarding consideration by the Department of Veterans Affairs (VA) of 
the net worth of a veteran's assets as a factor in determining the 
veteran's eligibility for lower-cost VA health care. Prior to January 
1, 2015, VA considered both the net worth of a veteran's assets and the 
veteran's annual income when determining a veteran's eligibility. 
Because of that, certain veterans who would have been eligible for VA 
health care based on their annual income alone were ineligible for care 
because the net value of their assets was too high, or they were placed 
in a less favorable eligibility category. Reporting asset information 
imposed a significant paperwork burden on veterans, and VA dedicated 
significant administrative resources to verifying reported information. 
VA changed its policy to improve access to health care to lower-income 
veterans and remove the reporting burden from veterans by discontinuing 
collection of asset information. This rulemaking would amend the 
regulation to remove the reference to VA's discretionary statutory 
authority to consider net worth.

DATES: Comment Date: Comments must be received on or before December 
21, 2015.

ADDRESSES: Written comments may be submitted through 
www.Regulations.gov; by mail or hand-delivery to Director, Regulation 
Policy and Management (02REG), Department of Veterans Affairs, 810 
Vermont Avenue NW., Room 1068, Washington, DC 20420; or by fax to (202) 
273-9026. Comments should indicate that they are submitted in response 
to ``RIN 2900-AP37--Removing Net Worth Requirement from Health Care 
Enrollment.'' 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 number.) In addition, during the 
comment period, comments may be viewed online through the Federal 
Docket Management System (FDMS) at www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Kristin J. Cunningham, Director, 
Business Policy, Chief Business Office, (10NB6), 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 proposes to amend VA's 
regulations governing enrollment in the VA health care system by 
removing the regulatory provision restating VA's discretionary 
authority to consider the net worth of a veteran's assets when 
determining eligibility for lower-cost health care.
    Pursuant to 38 U.S.C. 1705, VA has established a health care 
enrollment system with implementing regulations at 38 CFR 17.36. When 
veterans apply for health care benefits, VA assigns a priority category 
that reflects the basis for that veteran's eligibility, such as whether 
the veteran has been rated as having a service-connected disability or 
would be unable to defray the costs of necessary expenses because of 
low income. The veteran is placed in the highest priority category 
possible. These categories are described in Sec.  17.36(b). Priority 
categories are used by VA to determine which veterans are eligible to 
enroll in the VA health care system, which VA does on an annual basis, 
in accordance with Sec.  17.36(c). The priority category is also used 
to determine the amount of copayments veterans must pay to receive VA 
medical benefits. Veterans who are not eligible for enrollment in 
priority categories 1 through 4 but who are unable to defray the 
expenses of necessary care under 38 U.S.C. 1722(a) are placed in 
priority category 5. 38 CFR 17.36(b)(5). This rulemaking would affect a 
regulatory provision related to that category. Veterans are considered 
to be unable to defray the costs of necessary care if they have a low 
annual income, qualify for VA pension benefits, or meet other criteria 
under 38 U.S.C. 1722(a) and 38 CFR 17.47(d). VA has the authority to 
use net worth asset values to determine whether a veteran is unable to 
defray the cost of care at 38 U.S.C. 1722(d)(1), but this authority is 
not mandatory; i.e., VA is not required to consider the value of the 
estate of a veteran for this purpose. 38 U.S.C. 1722(d)(1) 
(``Notwithstanding the attributable income of a veteran,'' VA may 
determine that such veteran is not eligible ``if the corpus of the 
estate of the veteran is such that under all the circumstances it is 
reasonable that some

[[Page 63481]]

part of the corpus of the estate of the veteran be consumed for the 
veteran's maintenance'').
    In 2013, VA informed the public of its intent to discontinue annual 
financial assessment reporting by veterans. 78 FR 64065 (Oct. 25, 
2013), 78 FR 79564 (Dec. 30, 2013). VA notified the public that it 
would no longer request annual financial assessments from veterans 
enrolled in income-based priority categories, and would only request 
financial assessments for the initial health care enrollment process. 
Because we received no adverse responses to those notices and for the 
reasons that follow, as VA announced in March 2015, VA used its 
discretion under 38 U.S.C. 1722(d)(1) to cease consideration of the net 
worth of veterans' assets to determine whether they are able to defray 
the expenses of necessary care and qualify for inclusion in priority 
category 5, effective January 1, 2015. To avoid potential confusion, 
this rulemaking would remove the regulatory provision referencing VA's 
discretionary authority to consider net worth for purposes of priority 
category 5.
    By eliminating consideration of the net worth of a veteran's assets 
for purposes of health care enrollment, more veterans would qualify for 
VA health care in a higher priority category, improving access and 
affordability of health care for many lower-income veterans. VA 
estimates that in the first year of implementation of this policy, 
53,000 veterans would be moved to category 5 from a lower priority 
category and would be able to make lower copayments for VA care. Over 
five years, VA expects that 135,000 veterans who previously were 
ineligible would be able to enroll in the VA health care system because 
of this change. This change also reduces administrative burdens for 
veterans and VA. The burden on veterans to supply asset information to 
VA on an annual basis was considerable. In contrast, the burden is much 
lower for veterans to provide only an initial report of annual income 
during the enrollment process and future verification only in those 
cases where VA identifies a change to the veteran's income that would 
result in a change to the veteran's priority group status. In past 
years, VA had expended significant resources on verifying the reported 
figures because asset values are subjective and difficult to verify. 
Through established practices with the Internal Revenue Service and 
Social Security Administration, VA can verify veterans' reported annual 
income far more efficiently than reported assets. Therefore, this 
policy has eliminated the significant burden on veterans to report the 
worth of their assets, and also eliminated the need for VA to use 
resources to verify that information.
    In light of the preceding discussion, we propose to remove Sec.  
17.47(d)(5) in its entirety and renumber current Sec.  17.47(d)(6) as 
Sec.  17.47(d)(5). Current paragraph (d)(5) restates VA's discretionary 
statutory authority to use the value of a veteran's estate to determine 
whether he is able to defray the costs of care. By removing the 
regulatory restatement of VA's discretionary statutory authority to 
consider a veteran's net worth, VA removes language in the regulation 
that could be perceived as inconsistent with the policy change, which 
is favorable to veterans.

Effect of Rulemaking

    The Code of Federal Regulations, as proposed to be revised by this 
proposed rulemaking, represents the exclusive legal authority on this 
subject. No contrary rules or procedures would be authorized. All 
existing or subsequent VA guidance would be read to conform with this 
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 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;

[[Page 63482]]

64.011, Veterans Dental Care; 64.012, Veterans Prescription Service; 
64.013, Veterans Prosthetic Appliances; 64.014, Veterans State 
Domiciliary Care; 64.015, Veterans State Nursing Home Care; 64.018, 
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 October 9. 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, Government contracts, 
Grant programs--health, Grant programs--veterans, Health care, Health 
facilities, Health professions, Health records, Homeless, Medical and 
dental schools, Medical devices, Medical research, Mental health 
programs, Nursing homes, Reporting and recordkeeping requirements, 
Travel and transportation expenses, Veterans.

    Dated: October 15, 2015,
William F. Russo,
Director, Office of Regulation Policy & Management, Office of the 
General Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, the Department of Veterans 
Affairs 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.  17.47  [Amended]

0
2. Amend Sec.  17.47 by removing paragraph (d)(5) and redesignating 
paragraph (d)(6) as new paragraph (d)(5).

[FR Doc. 2015-26606 Filed 10-19-15; 8:45 am]
 BILLING CODE 8320-01-P



                                                    63480                 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules

                                                    Session 1: January 12–14, 2016                          DEPARTMENT OF VETERANS                                viewed online through the Federal
                                                    Session 2: February 17–19, 2016                         AFFAIRS                                               Docket Management System (FDMS) at
                                                                                                                                                                  www.Regulations.gov.
                                                    Session 3: March 16–18, 2016                            38 CFR Part 17                                        FOR FURTHER INFORMATION CONTACT:
                                                       Sessions will run from 9 a.m. to 5                   RIN 2900–AP37                                         Kristin J. Cunningham, Director,
                                                    p.m.                                                                                                          Business Policy, Chief Business Office,
                                                       The January and February committee                   Removing Net Worth Requirement                        (10NB6), Department of Veterans
                                                    meetings will be held at the U.S.                       From Health Care Enrollment                           Affairs, 810 Vermont Avenue NW.,
                                                                                                                                                                  Washington, DC 20420; (202) 382–2508.
                                                    Department of Education at: 1990 K                      AGENCY:    Department of Veterans Affairs.            (This is not a toll-free number.)
                                                    Street NW., Eighth Floor Conference                     ACTION:   Proposed rule.                              SUPPLEMENTARY INFORMATION: This
                                                    Center, Washington, DC 20006.
                                                                                                                                                                  rulemaking proposes to amend VA’s
                                                       The March committee meetings will                    SUMMARY:    This rulemaking proposes to
                                                                                                                                                                  regulations governing enrollment in the
                                                    be held at: Union Center Plaza (UCP)                    remove the regulatory provision
                                                                                                                                                                  VA health care system by removing the
                                                    Learning Center, 830 First Street NE.,                  regarding consideration by the
                                                                                                                                                                  regulatory provision restating VA’s
                                                    Lobby Level, Washington, DC 20002.                      Department of Veterans Affairs (VA) of
                                                                                                                                                                  discretionary authority to consider the
                                                                                                            the net worth of a veteran’s assets as a
                                                       The meetings are open to the public.                                                                       net worth of a veteran’s assets when
                                                                                                            factor in determining the veteran’s
                                                                                                                                                                  determining eligibility for lower-cost
                                                       Accessible Format: Individuals with                  eligibility for lower-cost VA health care.
                                                                                                                                                                  health care.
                                                    disabilities can obtain this document in                Prior to January 1, 2015, VA considered                  Pursuant to 38 U.S.C. 1705, VA has
                                                    an accessible format (e.g., braille, large              both the net worth of a veteran’s assets              established a health care enrollment
                                                    print, audiotape, or compact disc) by                   and the veteran’s annual income when                  system with implementing regulations
                                                    contacting Wendy Macias, U.S.                           determining a veteran’s eligibility.                  at 38 CFR 17.36. When veterans apply
                                                    Department of Education, 1990 K Street                  Because of that, certain veterans who                 for health care benefits, VA assigns a
                                                    NW., Room 8013, Washington, DC                          would have been eligible for VA health                priority category that reflects the basis
                                                    20006. Telephone: (202) 502–7526 or by                  care based on their annual income alone               for that veteran’s eligibility, such as
                                                    email: Wendy.Macias@ed.gov.                             were ineligible for care because the net              whether the veteran has been rated as
                                                                                                            value of their assets was too high, or                having a service-connected disability or
                                                       Electronic Access to This Document:                  they were placed in a less favorable
                                                    The official version of this document is                                                                      would be unable to defray the costs of
                                                                                                            eligibility category. Reporting asset                 necessary expenses because of low
                                                    the document published in the Federal                   information imposed a significant
                                                    Register. Free Internet access to the                                                                         income. The veteran is placed in the
                                                                                                            paperwork burden on veterans, and VA                  highest priority category possible. These
                                                    official edition of the Federal Register                dedicated significant administrative
                                                    and the Code of Federal Regulations is                                                                        categories are described in § 17.36(b).
                                                                                                            resources to verifying reported                       Priority categories are used by VA to
                                                    available via the Federal Digital System                information. VA changed its policy to                 determine which veterans are eligible to
                                                    at: www.gpo.gov/fdsys. At this site you                 improve access to health care to lower-               enroll in the VA health care system,
                                                    can view this document, as well as all                  income veterans and remove the                        which VA does on an annual basis, in
                                                    other documents of this Department                      reporting burden from veterans by                     accordance with § 17.36(c). The priority
                                                    published in the Federal Register, in                   discontinuing collection of asset                     category is also used to determine the
                                                    text or Adobe Portable Document                         information. This rulemaking would                    amount of copayments veterans must
                                                    Format (PDF). To use PDF you must                       amend the regulation to remove the                    pay to receive VA medical benefits.
                                                    have Adobe Acrobat Reader, which is                     reference to VA’s discretionary statutory             Veterans who are not eligible for
                                                    available free at the site. You may also                authority to consider net worth.                      enrollment in priority categories 1
                                                    access documents of the Department                      DATES: Comment Date: Comments must                    through 4 but who are unable to defray
                                                    published in the Federal Register by                    be received on or before December 21,                 the expenses of necessary care under 38
                                                    using the article search feature at:                    2015.                                                 U.S.C. 1722(a) are placed in priority
                                                    www.federalregister.gov. Specifically,                  ADDRESSES: Written comments may be                    category 5. 38 CFR 17.36(b)(5). This
                                                    through the advanced search feature at                  submitted through                                     rulemaking would affect a regulatory
                                                    this site, you can limit your search to                 www.Regulations.gov; by mail or hand-                 provision related to that category.
                                                    documents published by the                              delivery to Director, Regulation Policy               Veterans are considered to be unable to
                                                    Department.                                             and Management (02REG), Department                    defray the costs of necessary care if they
                                                       Delegation of Authority: The Secretary               of Veterans Affairs, 810 Vermont                      have a low annual income, qualify for
                                                                                                            Avenue NW., Room 1068, Washington,                    VA pension benefits, or meet other
                                                    of Education has delegated authority to
                                                                                                            DC 20420; or by fax to (202) 273–9026.                criteria under 38 U.S.C. 1722(a) and 38
                                                    Jamienne S. Studley, Deputy Under
                                                                                                            Comments should indicate that they are                CFR 17.47(d). VA has the authority to
                                                    Secretary, to perform the functions and
                                                                                                            submitted in response to ‘‘RIN 2900–                  use net worth asset values to determine
                                                    duties of the Assistant Secretary for                   AP37—Removing Net Worth                               whether a veteran is unable to defray
                                                    Postsecondary Education.                                Requirement from Health Care                          the cost of care at 38 U.S.C. 1722(d)(1),
                                                       Program Authority: 20 U.S.C. 1098a.                  Enrollment.’’ Copies of comments                      but this authority is not mandatory; i.e.,
                                                                                                            received will be available for public                 VA is not required to consider the value
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                      Dated: October 15, 2015.
                                                                                                            inspection in the Office of Regulation                of the estate of a veteran for this
                                                    Jamienne S. Studley,
                                                                                                            Policy and Management, Room 1068,                     purpose. 38 U.S.C. 1722(d)(1)
                                                    Deputy Under Secretary.                                 between the hours of 8:00 a.m. and 4:30               (‘‘Notwithstanding the attributable
                                                    [FR Doc. 2015–26626 Filed 10–19–15; 8:45 am]            p.m., Monday through Friday (except                   income of a veteran,’’ VA may
                                                    BILLING CODE 4000–01–P                                  holidays). Please call (202) 461–4902 for             determine that such veteran is not
                                                                                                            an appointment. (This is not a toll-free              eligible ‘‘if the corpus of the estate of the
                                                                                                            number.) In addition, during the                      veteran is such that under all the
                                                                                                            comment period, comments may be                       circumstances it is reasonable that some


                                               VerDate Sep<11>2014   16:59 Oct 19, 2015   Jkt 238001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\20OCP1.SGM   20OCP1


                                                                          Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules                                           63481

                                                    part of the corpus of the estate of the                 significant burden on veterans to report              quantifying both costs and benefits,
                                                    veteran be consumed for the veteran’s                   the worth of their assets, and also                   reducing costs, harmonizing rules, and
                                                    maintenance’’).                                         eliminated the need for VA to use                     promoting flexibility. Executive Order
                                                       In 2013, VA informed the public of its               resources to verify that information.                 12866 (Regulatory Planning and
                                                    intent to discontinue annual financial                     In light of the preceding discussion,              Review) defines a ‘‘significant
                                                    assessment reporting by veterans. 78 FR                 we propose to remove § 17.47(d)(5) in                 regulatory action,’’ requiring review by
                                                    64065 (Oct. 25, 2013), 78 FR 79564 (Dec.                its entirety and renumber current                     the Office of Management and Budget
                                                    30, 2013). VA notified the public that it               § 17.47(d)(6) as § 17.47(d)(5). Current               (OMB), unless OMB waives such
                                                    would no longer request annual                          paragraph (d)(5) restates VA’s                        review, as ‘‘any regulatory action that is
                                                    financial assessments from veterans                     discretionary statutory authority to use              likely to result in a rule that may: (1)
                                                    enrolled in income-based priority                       the value of a veteran’s estate to                    Have an annual effect on the economy
                                                    categories, and would only request                      determine whether he is able to defray                of $100 million or more or adversely
                                                    financial assessments for the initial                   the costs of care. By removing the                    affect in a material way the economy, a
                                                    health care enrollment process. Because                 regulatory restatement of VA’s                        sector of the economy, productivity,
                                                    we received no adverse responses to                     discretionary statutory authority to                  competition, jobs, the environment,
                                                    those notices and for the reasons that                  consider a veteran’s net worth, VA                    public health or safety, or State, local,
                                                    follow, as VA announced in March                        removes language in the regulation that               or tribal governments or communities;
                                                    2015, VA used its discretion under 38                   could be perceived as inconsistent with               (2) Create a serious inconsistency or
                                                    U.S.C. 1722(d)(1) to cease consideration                the policy change, which is favorable to              otherwise interfere with an action taken
                                                    of the net worth of veterans’ assets to                 veterans.                                             or planned by another agency; (3)
                                                    determine whether they are able to                                                                            Materially alter the budgetary impact of
                                                    defray the expenses of necessary care                   Effect of Rulemaking                                  entitlements, grants, user fees, or loan
                                                    and qualify for inclusion in priority                     The Code of Federal Regulations, as                 programs or the rights and obligations of
                                                    category 5, effective January 1, 2015. To               proposed to be revised by this proposed               recipients thereof; or (4) Raise novel
                                                    avoid potential confusion, this                         rulemaking, represents the exclusive                  legal or policy issues arising out of legal
                                                    rulemaking would remove the                             legal authority on this subject. No                   mandates, the President’s priorities, or
                                                    regulatory provision referencing VA’s                   contrary rules or procedures would be                 the principles set forth in this Executive
                                                    discretionary authority to consider net                 authorized. All existing or subsequent                Order.’’
                                                    worth for purposes of priority category                 VA guidance would be read to conform                     The economic, interagency,
                                                    5.                                                      with this rulemaking if possible or, if               budgetary, legal, and policy
                                                       By eliminating consideration of the                  not possible, such guidance would be                  implications of this regulatory action
                                                    net worth of a veteran’s assets for                     superseded by this rulemaking.                        have been examined, and it has been
                                                    purposes of health care enrollment,                                                                           determined not to be a significant
                                                    more veterans would qualify for VA                      Paperwork Reduction Act                               regulatory action under Executive Order
                                                    health care in a higher priority category,                This proposed rule contains no                      12866. VA’s impact analysis can be
                                                    improving access and affordability of                   provisions constituting a collection of               found as a supporting document at
                                                    health care for many lower-income                       information under the Paperwork                       http://www.regulations.gov, usually
                                                    veterans. VA estimates that in the first                Reduction Act of 1995 (44 U.S.C. 3501–                within 48 hours after the rulemaking
                                                    year of implementation of this policy,                  3521).                                                document is published. Additionally, a
                                                    53,000 veterans would be moved to                                                                             copy of the rulemaking and its impact
                                                    category 5 from a lower priority category               Regulatory Flexibility Act
                                                                                                                                                                  analysis are available on VA’s Web site
                                                    and would be able to make lower                            The Secretary hereby certifies that                at http://www.va.gov/orpm/, by
                                                    copayments for VA care. Over five                       this proposed rule would not have a                   following the link for ‘‘VA Regulations
                                                    years, VA expects that 135,000 veterans                 significant economic impact on a                      Published From FY 2004 Through Fiscal
                                                    who previously were ineligible would                    substantial number of small entities as               Year to Date.’’
                                                    be able to enroll in the VA health care                 they are defined in the Regulatory
                                                    system because of this change. This                     Flexibility Act, 5 U.S.C. 601–612. This               Unfunded Mandates
                                                    change also reduces administrative                      proposed rule would directly affect only                 The Unfunded Mandates Reform Act
                                                    burdens for veterans and VA. The                        individuals and would not directly                    of 1995 requires, at 2 U.S.C. 1532, that
                                                    burden on veterans to supply asset                      affect small entities. Therefore, pursuant            agencies prepare an assessment of
                                                    information to VA on an annual basis                    to 5 U.S.C. 605(b), this rulemaking is                anticipated costs and benefits before
                                                    was considerable. In contrast, the                      exempt from the initial and final                     issuing any rule that may result in the
                                                    burden is much lower for veterans to                    regulatory flexibility analysis                       expenditure by State, local, and tribal
                                                    provide only an initial report of annual                requirements of 5 U.S.C. 603 and 604.                 governments, in the aggregate, or by the
                                                    income during the enrollment process                                                                          private sector, of $100 million or more
                                                    and future verification only in those                   Executive Orders 12866 and 13563
                                                                                                                                                                  (adjusted annually for inflation) in any
                                                    cases where VA identifies a change to                      Executive Orders 12866 and 13563                   one year. This proposed rule would
                                                    the veteran’s income that would result                  direct agencies to assess the costs and               have no such effect on State, local, and
                                                    in a change to the veteran’s priority                   benefits of available regulatory                      tribal governments, or on the private
                                                    group status. In past years, VA had                     alternatives and, when regulation is                  sector.
                                                    expended significant resources on                       necessary, to select regulatory
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    verifying the reported figures because                  approaches that maximize net benefits                 Catalog of Federal Domestic Assistance
                                                    asset values are subjective and difficult               (including potential economic,                          The Catalog of Federal Domestic
                                                    to verify. Through established practices                environmental, public health and safety               Assistance numbers and titles for the
                                                    with the Internal Revenue Service and                   effects, and other advantages;                        programs affected by this document are
                                                    Social Security Administration, VA can                  distributive impacts; and equity).                    64.007, Blind Rehabilitation Centers;
                                                    verify veterans’ reported annual income                 Executive Order 13563 (Improving                      64.008, Veterans Domiciliary Care;
                                                    far more efficiently than reported assets.              Regulation and Regulatory Review)                     64.009, Veterans Medical Care Benefits;
                                                    Therefore, this policy has eliminated the               emphasizes the importance of                          64.010, Veterans Nursing Home Care;


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                                                    63482                 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules

                                                    64.011, Veterans Dental Care; 64.012,                   POSTAL REGULATORY COMMISSION                          Class and Special Services (RPW) report
                                                    Veterans Prescription Service; 64.013,                                                                        relating to letter and card mailpieces
                                                    Veterans Prosthetic Appliances; 64.014,                 39 CFR Part 3050                                      that will be sampled digitally.’’ Petition
                                                    Veterans State Domiciliary Care; 64.015,                [Docket No. RM2016–1; Order No. 2752]                 at 3.
                                                    Veterans State Nursing Home Care;                                                                             II. Summary of Proposal
                                                    64.018, Sharing Specialized Medical                     Periodic Reporting
                                                    Resources; 64.019, Veterans                                                                                      Under Proposal Eleven, beginning Q2
                                                                                                            AGENCY: Postal Regulatory Commission.                 FY2016 (January 1, 2016), the Postal
                                                    Rehabilitation Alcohol and Drug
                                                                                                            ACTION: Notice of proposed rulemaking.                Service seeks to replace the direct
                                                    Dependence; 64.022, Veterans Home
                                                    Based Primary Care; and 64.024, VA                                                                            expansion estimator for the population
                                                                                                            SUMMARY:    The Commission is noticing a
                                                    Homeless Providers Grant and Per Diem                                                                         of digitally sampled First-Class letter
                                                                                                            recent Postal Service filing requesting
                                                                                                                                                                  and card mail,3 within ODIS–RPW, with
                                                    Program.                                                that the Commission initiate an informal
                                                                                                                                                                  a ratio estimator that utilizes national
                                                                                                            rulemaking proceeding to consider a
                                                    Signing Authority                                                                                             End-of-Run machine counts. Petition at
                                                                                                            proposed change to analytical principles
                                                                                                                                                                  1–2. ‘‘The digital letter mail estimates
                                                      The Secretary of Veterans Affairs, or                 relating to periodic reports (Proposal
                                                                                                                                                                  utilizing the ratio estimator applied to
                                                    designee, approved this document and                    Eleven). This notice informs the public
                                                                                                                                                                  the digital letter mail sampling frame
                                                    authorized the undersigned to sign and                  of the filing, invites public comment,
                                                                                                                                                                  would be combined with direct
                                                    submit the document to the Office of the                and takes other administrative steps.
                                                                                                                                                                  expansion estimates from the non-
                                                    Federal Register for publication                        DATES: Comments are due: November
                                                                                                                                                                  digital sampling frame.’’ Id. at 2. The
                                                    electronically as an official document of               24, 2015. Reply Comments are due:                     Postal Service contends the proposed
                                                    the Department of Veterans Affairs.                     December 7, 2015.                                     ratio estimator for the letter mail digital
                                                    Robert L. Nabors II, Chief of Staff,                    ADDRESSES: Submit comments                            sampling frame mathematically
                                                    Department of Veterans Affairs,                         electronically via the Commission’s                   outperforms the direct expansion
                                                    approved this document on October 9.                    Filing Online system at http://                       estimator for First-Class Mail single-
                                                    2015, for publication.                                  www.prc.gov. Those who cannot submit                  piece volume and revenue. Id.
                                                                                                            comments electronically should contact                   The Postal Service plans to
                                                    List of Subjects in 38 CFR Part 17                      the person identified in the FOR FURTHER              implement the change described in
                                                                                                            INFORMATION CONTACT section by                        Proposal Eleven on January 1, 2016. Id.
                                                      Administrative practice and                           telephone for advice on filing
                                                    procedure, Alcohol abuse, Alcoholism,                                                                         at 3. The Postal Service asserts that the
                                                                                                            alternatives.                                         proposed estimation methodology of the
                                                    Claims, Day care, Dental health, Drug
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      ratio estimator is an improvement over
                                                    abuse, Government contracts, Grant
                                                                                                            David A. Trissell, General Counsel, at                the direct expansion estimator and will
                                                    programs—health, Grant programs—
                                                                                                            202–789–6820.                                         improve the product estimates used for
                                                    veterans, Health care, Health facilities,
                                                                                                            SUPPLEMENTARY INFORMATION:                            RPW by reducing bias and significantly
                                                    Health professions, Health records,
                                                                                                                                                                  lowering the calculated coefficient of
                                                    Homeless, Medical and dental schools,                   Table of Contents                                     variation for the same sample size. Id.
                                                    Medical devices, Medical research,                      I. Introduction                                       The Postal Service states that ‘‘[t]he only
                                                    Mental health programs, Nursing                         II. Summary of Proposal                               significant category affected is First-
                                                    homes, Reporting and recordkeeping                      III. Initial Commission Action                        Class Mail single piece letters and
                                                    requirements, Travel and transportation                 IV. Ordering Paragraphs                               cards.’’ Id. at 4.
                                                    expenses, Veterans.                                     I. Introduction                                       III. Initial Commission Action
                                                      Dated: October 15, 2015,                                 On October 7, 2015, the Postal Service
                                                    William F. Russo,                                                                                                The Commission establishes Docket
                                                                                                            filed a petition pursuant to 39 CFR                   No. RM2016–1 for consideration of
                                                    Director, Office of Regulation Policy &                 3050.11 requesting that the Commission                matters raised by the Petition.
                                                    Management, Office of the General Counsel,              initiate an informal rulemaking                       Additional information concerning the
                                                    Department of Veterans Affairs.                         proceeding to consider a proposed                     Petition may be accessed via the
                                                                                                            change in analytical principles relating              Commission’s Web site at http://
                                                      For the reasons stated in the                         to periodic reports.1 A description of
                                                    preamble, the Department of Veterans                                                                          www.prc.gov. Interested persons may
                                                                                                            Proposal Eleven is attached to the                    submit comments on the Petition and
                                                    Affairs proposes to amend 38 CFR part                   Petition. Id. at 1. The Petition seeks a
                                                    17 as follows:                                                                                                Proposal Eleven no later than November
                                                                                                            change in the statistical point and                   24, 2015. Reply comments are due no
                                                                                                            variance estimation methodology for the               later than December 7, 2015. Pursuant to
                                                    PART 17—MEDICAL                                         Origin-Destination Information                        39 U.S.C. 505, Lyudmila Y.
                                                                                                            System—revenue, pieces, and weight                    Bzhilyanskaya is designated as an
                                                    ■ 1. The authority citation for part 17                 (ODIS–RPW) system 2 estimates used in
                                                    continues to read as follows:                                                                                 officer of the Commission to represent
                                                                                                            the ‘‘Revenue, Pieces and Weight By                   the interests of the general public
                                                      Authority: 38 U.S.C. 501, and as noted in                                                                   (Public Representative) in this
                                                                                                               1 Petition of the United States Postal Service
                                                    specific sections.                                                                                            proceeding.
                                                                                                            Requesting Initiation of a Proceeding to Consider a
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                                                                            Proposed Change in Analytical Principles (Proposal
                                                    § 17.47   [Amended]
                                                                                                            Eleven), October 7, 2015 (Petition).
                                                                                                                                                                  IV. Ordering Paragraphs
                                                    ■ 2. Amend § 17.47 by removing                             2 ‘‘The ODIS–RPW system is a probability-based
                                                                                                                                                                   It is ordered:
                                                                                                            destinating mail sampling system used to support       1. The Commission establishes Docket
                                                    paragraph (d)(5) and redesignating                      the Postal Service’s many and varied business
                                                    paragraph (d)(6) as new paragraph                       needs for mail revenue and volume information.        No. RM2016–1 for consideration of the
                                                    (d)(5).                                                 ODIS–RPW primarily supplies official RPW
                                                                                                            estimates of revenue, volume and weight for single-     3 Docket No. RM2015–11, Order on Analytical
                                                    [FR Doc. 2015–26606 Filed 10–19–15; 8:45 am]
                                                                                                            piece stamped and metered indicia mail.’’ Petition    Principles Used in Periodic Reporting (Proposal
                                                    BILLING CODE 8320–01–P                                  at 4.                                                 Three) September 30, 2015 (Order No. 2739).



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Document Created: 2015-12-14 15:25:08
Document Modified: 2015-12-14 15:25:08
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.
ContactKristin J. Cunningham, Director, Business Policy, Chief Business Office, (10NB6), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420; (202) 382-2508. (This is not a toll-free number.)
FR Citation80 FR 63480 
RIN Number2900-AP37
CFR AssociatedAdministrative Practice and Procedure; Alcohol Abuse; Alcoholism; Claims; Day Care; Dental Health; Drug Abuse; Government Contracts; Grant Programs-Health; Grant Programs-Veterans; Health Care; Health Facilities; Health Professions; Health Records; Homeless; Medical and Dental Schools; Medical Devices; Medical Research; Mental Health Programs; Nursing Homes; Reporting and Recordkeeping Requirements; Travel and Transportation Expenses and Veterans

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