81_FR_14045 81 FR 13994 - Telephone Enrollment in the VA Healthcare System

81 FR 13994 - Telephone Enrollment in the VA Healthcare System

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range13994-13997
FR Document2016-05680

This rulemaking amends VA's medical regulations to allow veterans to complete applications for health care enrollment by telephone by providing application information to a VA employee, agreeing to VA's provisions regarding copayment liability and assignment of third-party insurance benefits, and attesting to the accuracy and authenticity of the information provided over the phone. This action will make it easier for veterans to apply to enroll and will speed VA processing of applications.

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Rules and Regulations]
[Pages 13994-13997]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05680]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AP68


Telephone Enrollment in the VA Healthcare System

AGENCY: Department of Veterans Affairs.

ACTION: Interim final rule.

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SUMMARY: This rulemaking amends VA's medical regulations to allow 
veterans to complete applications for health care enrollment by 
telephone by providing application information to a VA employee, 
agreeing to VA's provisions regarding copayment liability and 
assignment of third-party insurance benefits, and attesting to the 
accuracy and authenticity of the information provided over the phone. 
This action will make it easier for veterans to apply to enroll and 
will speed VA processing of applications.

[[Page 13995]]


DATES: Effective Date: This rule is effective on March 16, 2016. 
Applicability dates: This rule applies on March 15, 2016, to veterans 
who served in a theater of combat operations after November 11, 1998, 
and were discharged or released from active service on or after January 
28, 2003. This rule applies to all other veterans on and after July 5, 
2016.
    Comment Date: Comments must be received on or before May 16, 2016.

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 1066, Washington, DC 20420; or by fax to (202) 
273-9026. Comments should indicate that they are submitted in response 
to [``RIN 2900-AP68--Telephone enrollment in the VA healthcare 
system.''] Copies of comments received will be available for public 
inspection in the Office of Regulation Policy and Management, Room 
1066, 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: Mathew J. Eitutis, Acting Director, 
Member Services 3401 SW 21st St. Building 9 Topeka, KS 66604; 785-925-
0605. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: Section 1710 of title 38, United States Code 
(U.S.C.), authorizes VA to provide health care to veterans, and section 
1705 requires VA to enroll most veterans in the VA healthcare system 
before providing health care. This rulemaking amends VA's enrollment 
regulations, Sec.  17.36(d)(1) of title 38, Code of Federal Regulations 
(CFR), to allow veterans to apply for enrollment in the VA healthcare 
system by telephone, in addition to submitting an application on paper 
or online. Submitting an application does not guarantee enrollment in 
the VA health care system.
    VA's regulation at 38 CFR 17.36(d)(1) has allowed veterans to apply 
for enrollment in VA health care in two ways, by submitting a signed 
paper application on the VA Form 10-10EZ or by completing that 
application online. The current regulation provides for submission of 
the form to a VA medical facility, which any veteran may. The mailing 
address on the form, however, is to a VA office not in a VA medical 
facility. We propose to revise the regulation to explicitly include 
that the veteran may also submit the form to the address on the form, 
consistent with actual practice. This change also makes the rule more 
transparent, showing how veterans actually access VA health care.
    The current paper application and its online counterpart include 
the veteran's consent to pay any copayments the law requires the 
veteran pay for treatment or services, 38 U.S.C. 1710 and 1722A, and to 
assign insurance benefits to VA. 38 U.S.C. 1729; 42 U.S.C. 2651. The 
application also includes a notification of the consequences of making 
a materially false statement in an application for enrollment.
    Under the existing regulations, it is VA's practice to assist 
veterans in filling out the VA Form 10-10EZ, which often occurs when 
veterans call a designated telephone number; however, in order to 
complete the application process, VA currently requires the veteran's 
signature. In these cases, a VA employee enters into the VA application 
form the information the veteran provides over the telephone, then VA 
mails the form to the veteran to sign and return to VA. With this 
rulemaking, VA is now able to complete the entire enrollment 
application for the veteran based on information given and attestations 
made by the veteran over the telephone that are legally equivalent to 
those in VA Form 10-10EZ. Analysis of our current application process 
persuades us we can potentially enroll veterans more quickly using this 
method, particularly those who are transitioning from active duty to 
veteran status. We also believe the new process will be less burdensome 
on veterans.
    To accomplish a telephone application for enrollment under revised 
Sec.  17.36(d)(1), a VA employee will verify the veteran's identify 
based on information already in VA's records or records VA can access, 
and obtain the information necessary to complete the veteran's 
application. The VA employee will also inform the veteran of the 
consequences of making a materially false statement and explain the VA 
copayment obligation and the assignment of benefits provision.
    With respect to the copayment obligation, VA is required by law to 
charge some veterans a copayment for treatment or services. 38 U.S.C. 
1710 and 1722A. As part of the telephone application, the VA employee 
will provide notice to the veteran that he or she is agreeing to make 
applicable copayments and that by accepting care or services from VA, 
he or she may be subject to copayment obligations. In addition, 
pursuant to 38 U.S.C. 1729 and 42 U.S.C. 2651, VA is authorized to 
recover or collect from a veteran's health plan or other legally 
responsible third party for the reasonable charges of nonservice-
connected VA care or services. As part of the telephone application, 
the VA employee will obtain the veteran's verbal consent to assign his 
or her third-party insurance benefits to VA and inform the veteran that 
in order to pursue third-party collections, VA may disclose certain 
information about the veteran and his or her treatment.
    The VA employee will obtain the veteran's verbal assurance of his 
or her understanding of these potential consequences and obligations 
and continued intent to apply for enrollment in the VA healthcare 
system. After those steps are complete, the veteran will attest to the 
accuracy and authenticity of the information provided in the 
application and must provide verbal confirmation that he or she 
consents to VA copayment obligations and third-party billing 
procedures. These steps will be considered to complete the application 
process in the same manner as submitting the online application or 
signed paper form under current regulations.
    By adding the telephone application to VA's regulations with this 
amendment, VA will now offer three ways to enroll under 38 CFR 
17.36(d)(1). For clarity, we are reorganizing paragraph (d)(1) to show 
the three alternatives as (d)(1)(i), (ii), or (iii). Paragraphs 
(d)(1)(i) and (ii) restate the existing means to apply, by paper 
submission in person or by mail, (d)(1)(i); or online, (d)(1)(ii). We 
are removing the Web address from the regulation at new paragraph 
(d)(1)(iii) because VA may change the location of its Web application 
in the future. Veterans are informed of the Web address in a number of 
other media. New paragraph (d)(1)(iii) authorizes applications to be 
completed over the telephone by calling a designated phone number, 
submitting application information verbally, attesting to the accuracy 
and authenticity of the verbal application for enrollment and 
consenting to VA's copayment obligations and third-party billing 
procedures.
    We will begin telephone applications in two phases. Veterans in the 
first applicability date group (first group) are eligible to receive 
cost-free VA health care for combat-related conditions and enrollment 
in Priority Group 6 for 5 years after their separation from active 
duty. 38 U.S.C. 1710(e). Because these veterans are eligible for a 
benefit

[[Page 13996]]

Congress created with a limited duration, their opportunity to enroll 
in VA health care with enhanced Priority Group assignment is passing 
quickly. For this reason, VA will take telephone applications from them 
first. Beginning March 15, 2016, VA will telephone veterans in the 
first group with pending applications for enrollment in VA health care 
to offer them an opportunity to complete their applications by 
telephone. Veterans in the first group without pending applications may 
begin calling VA on March 15, 2016, to apply by telephone to enroll in 
VA health care. All veterans who are not in the first group may begin 
calling VA on July 5, 2016, to apply by telephone to enroll in VA 
health care.
    The phased initiation of telephone applications permits VA to best 
marshal limited resources as we perfect the program, which we can only 
do by processing real applications this new way, while preparing to 
marshal the additional resources necessary to serve all applicants for 
enrollment in VA health care who wish to apply by telephone. Although 
we could wait until we develop the capacity to serve all potential 
applicants from the first day of this program, that would delay 
initiating telephone application, and there is no good reason for that 
delay.

Administrative Procedure Act

    The Secretary of Veterans Affairs finds that there is good cause 
under the provisions of 5 U.S.C. 553(b)(B) to publish this rule without 
prior opportunity for public comment. Failure to authorize verbal 
applications as soon as possible is contrary to the public interest 
because it prolongs current delays in processing applications for 
enrollment in the VA healthcare system. Recently separated combat 
veterans comprise a large portion of new applicants for VA health care, 
with an especially great need for immediate access to care. Prompt 
processing of applications for enrollment in the VA health care system 
will ease their transition to civilian life. Any delay in initiating an 
available, viable means of enrolling this group would be detrimental to 
their well-being and consequently contrary to the public interest.
    We are dispensing with the 30-day delay requirement for the 
effective date of a rule for good cause under 5 U.S.C. 553(d)(3). The 
object of this rulemaking is to expedite the healthcare application and 
enrollment process. We anticipate that this regulation will be 
uncontroversial and believe that any further delay in allowing VA to 
complete applications by telephone would be contrary to the public 
interest, for the same reasons described above.

Effect of Rulemaking

    The Code of Federal Regulations, as revised by this interim final 
rulemaking, will represent the exclusive legal authority on this 
subject. No contrary rules or procedures are authorized. All VA 
guidance must be read to conform with this interim final rulemaking if 
possible or, if not possible, such guidance is superseded by this 
rulemaking.

Paperwork Reduction Act

    Although this action contains provisions constituting collections 
of information, at 38 CFR 17.36(d)(1), under the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501-3521), no new or proposed revised 
collections of information are associated with this interim final rule. 
It will amend an approved collection by allowing a new method for 
veterans to submit the requested information, but this change will not 
affect the burden on the public under the approved collection. The 
information collection requirements for 38 CFR 17.36(d)(1) are 
currently approved by the Office of Management and Budget (OMB) and 
have been assigned OMB control numbers 2900-0091.

Regulatory Flexibility Act

    The Secretary hereby certifies that this interim final rule will 
not have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act, 5 
U.S.C. 601-612. This interim final rule will directly affect only 
individuals and will not directly affect small entities. Therefore, 
pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from the initial 
and final regulatory flexibility analysis requirements of 5 U.S.C. 603 
and 604.

Executive Order 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 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 interim final rule have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking document is published. Additionally, a copy 
of the rulemaking and its impact analysis are available on VA's Web 
site at http://www.va.gov/orpm/, by following the link for ``VA 
Regulations Published From FY 2004 Through 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 interim final rule will have no such 
effect on State, local, and tribal governments, or on the private 
sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance 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; 64.013, Veterans 
Prosthetic Appliances; 64.014, Veterans State Domiciliary Care; 64.015, 
Veterans State Nursing Home Care;

[[Page 13997]]

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 D. 
Snyder, Interim Chief of Staff, Department of Veterans Affairs, 
approved this document on February 9, 2016, 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: March 9, 2016.
Michael P. Shores,
Chief Impact Analyst, Office of Regulation Policy & Management, Office 
of the General Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, 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.


0
2. Amend Sec.  17.36 to revise paragraph (d)(1) to read as follows:


Sec.  17.36  Enrollment--provision of hospital and outpatient care to 
veterans.

* * * * *
    (d) * * *
    (1) Application for enrollment. A veteran who wishes to be enrolled 
must apply by submitting a VA Form 10-10EZ:
    (i) To a VA medical facility or by mail it to the U.S. Postal 
address on the form; or
    (ii) Online at the designated World Wide Web internet address; or
    (iii) By calling a designated telephone number and submitting 
application information verbally. To complete a telephone application, 
the veteran seeking enrollment must attest to the accuracy and 
authenticity of their verbal application for enrollment and consent to 
VA's copayment requirements and third-party billing procedures.
* * * * *

[FR Doc. 2016-05680 Filed 3-15-16; 8:45 am]
BILLING CODE 8320-01-P



                                                13994            Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations

                                                   (6) Private foundations or research or               originating and terminating outside the               prohibitions of, this part and remitting
                                                educational institutes engaging in                      United States, provided that neither the              such payments to Cuba.
                                                transactions authorized by § 515.576.                   originator nor the beneficiary is a person            ■ 16. In § 515.585, revise the section
                                                *      *     *    *    *                                subject to U.S. jurisdiction.                         heading, add paragraph (c), and revise
                                                ■ 12. In § 515.575, redesignate the Note                   (e) Unblocking of certain previously               Note 3 to § 515.585 to read as follows:
                                                to paragraph (a) as Note 1 to paragraph                 blocked funds transfers authorized. Any
                                                                                                        banking institution, as defined in                    § 515.585 Certain transactions in third
                                                (a) and add Note 2 to paragraph (a) to                                                                        countries.
                                                read as follows:                                        § 515.314, that is a person subject to
                                                                                                        U.S. jurisdiction is authorized to                    *     *     *     *     *
                                                § 515.575   Humanitarian projects.                      unblock and return to the originator or                 (c) Individuals who are persons
                                                *       *    *       *      *                           originating financial institution or their            subject to U.S. jurisdiction who are
                                                    (a) * * *                                           successor-in-interest previously blocked              located in a third country are authorized
                                                                                                        funds transfers that could have been                  to purchase or acquire merchandise
                                                  Note 2 to paragraph (a): Transactions                                                                       subject to the prohibitions in § 515.204,
                                                authorized by this paragraph include the                processed pursuant to paragraph (d) of
                                                provision of grants or awards for                       this section, § 515.562(b), or                        including Cuban-origin goods, for
                                                humanitarian projects in or related to Cuba             § 515.579(b) if the processing of those               personal consumption while in a third
                                                that are designed to directly benefit the               transfers would have been authorized                  country, and to receive or obtain
                                                Cuban people as set forth in paragraph (b) of           had they been sent under the current                  services from Cuba or a Cuban national
                                                this section.                                           text of those provisions. Persons subject             that are ordinarily incident to travel and
                                                                                                        to U.S. jurisdiction unblocking funds                 maintenance within that country.
                                                *     *     *    *      *
                                                                                                        transfers that were originally blocked on               Note to paragraph (c): This section does
                                                ■ 13. In § 515.577, revise paragraph (e)                                                                      not authorize the importation of
                                                                                                        or after August 25, 1997, pursuant to
                                                to read as follows:                                                                                           merchandise, including as accompanied
                                                                                                        this section must submit a report to the
                                                § 515.577 Authorized transactions                       Department of the Treasury, Office of                 baggage. Please see § 515.544 for an
                                                necessary and ordinarily incident to                    Foreign Assets Control, Attn: Sanctions               authorization to import certain Cuban-origin
                                                publishing.                                                                                                   merchandise from a third country.
                                                                                                        Compliance & Evaluation Division, 1500
                                                *      *     *    *     *                               Pennsylvania Avenue NW., Freedman’s                   *        *       *    *    *
                                                   (e) Section 515.564(a)(2) authorizes                 Bank Building, Washington, DC 20220                      Note 3 to § 515.585: Except as provided in
                                                the travel-related transactions set forth               within 10 business days from the date                 paragraph (c) of this section, this section does
                                                in § 515.560(c) and such additional                     such funds transfers are released. Such               not authorize any transactions prohibited by
                                                transactions that are directly incident to              reports shall include the following:                  § 515.204, including the purchase and sale of
                                                attendance at or organization of                        *      *    *     *     *                             Cuban-origin goods.
                                                professional meetings that are necessary                   (g) Any banking institution, as                    *        *       *    *    *
                                                and ordinarily incident to the                          defined in § 515.314, that is a person
                                                publishing and marketing of written                                                                             Dated: March 11, 2016.
                                                                                                        subject to U.S. jurisdiction is authorized
                                                publications.                                           to accept, process, and give value to                 John E. Smith,
                                                ■ 14. In § 515.578, revise the section                  U.S. dollar monetary instruments                      Acting Director, Office of Foreign Assets
                                                heading, paragraph (d), and add a Note                  presented for processing and payment                  Control.
                                                to § 515.578 to read as follows:                        by a banking institution located in a                 [FR Doc. 2016–06018 Filed 3–15–16; 8:45 am]
                                                                                                        third country that is not a person subject            BILLING CODE 4810–AL–P
                                                § 515.578 Exportation, reexportation, and
                                                importation of certain internet-based
                                                                                                        to U.S. jurisdiction or a Cuban national
                                                services; importation of software.                      and that has received the U.S. dollar
                                                                                                        monetary instruments from a financial                 DEPARTMENT OF VETERANS
                                                *      *    *     *    *
                                                                                                        institution that is a national of Cuba for            AFFAIRS
                                                   (d) Software. The importation into the
                                                                                                        which it maintains a correspondent
                                                United States of Cuban-origin software                                                                        38 CFR Part 17
                                                                                                        account and which received the U.S.
                                                is authorized.
                                                                                                        dollar monetary instruments in                        RIN 2900–AP68
                                                *      *    *     *    *                                connection with an underlying
                                                   Note to § 515.578: For general licenses              transaction that is authorized, exempt,               Telephone Enrollment in the VA
                                                authorizing physical and business presence              or otherwise not prohibited by this part,             Healthcare System
                                                in Cuba for certain persons, see § 515.573. An          such as dollars spent in Cuba by
                                                authorization related to business presence              authorized travelers or a third-country               AGENCY:        Department of Veterans Affairs.
                                                was previously included in this section. For            transaction that is not prohibited by this            ACTION:       Interim final rule.
                                                an authorization of certain
                                                telecommunications-related services, see
                                                                                                        part.
                                                                                                                                                              SUMMARY:   This rulemaking amends VA’s
                                                § 515.542.                                                Note to paragraph (g): Correspondent                medical regulations to allow veterans to
                                                                                                        accounts used for transactions authorized             complete applications for health care
                                                ■ 15. In § 515.584, revise paragraph (d)                pursuant to § 515.584(g) may be denominated
                                                and paragraph (e) introductory text, add                in U.S. dollars.
                                                                                                                                                              enrollment by telephone by providing
                                                paragraph (g), a Note to paragraph (g),                                                                       application information to a VA
                                                and paragraph (h) to read as follows:                     (h) Any banking institution, as                     employee, agreeing to VA’s provisions
                                                                                                        defined in § 515.314, that is a person                regarding copayment liability and
mstockstill on DSK4VPTVN1PROD with RULES




                                                § 515.584 Certain financial transactions                subject to U.S. jurisdiction is authorized            assignment of third-party insurance
                                                involving Cuba.                                         to open and maintain accounts solely in               benefits, and attesting to the accuracy
                                                *      *    *     *     *                               the name of a Cuban national located in               and authenticity of the information
                                                   (d) Funds transfers. Any banking                     Cuba for the purposes only of receiving               provided over the phone. This action
                                                institution, as defined in § 515.314, that              payments in the United States in                      will make it easier for veterans to apply
                                                is a person subject to U.S. jurisdiction                connection with transactions authorized               to enroll and will speed VA processing
                                                is authorized to process funds transfers                pursuant to, or exempt from the                       of applications.


                                           VerDate Sep<11>2014   16:07 Mar 15, 2016   Jkt 238001   PO 00000   Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\16MRR1.SGM       16MRR1


                                                                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations                                         13995

                                                DATES:  Effective Date: This rule is                    is to a VA office not in a VA medical                 addition, pursuant to 38 U.S.C. 1729
                                                effective on March 16, 2016.                            facility. We propose to revise the                    and 42 U.S.C. 2651, VA is authorized to
                                                Applicability dates: This rule applies on               regulation to explicitly include that the             recover or collect from a veteran’s
                                                March 15, 2016, to veterans who served                  veteran may also submit the form to the               health plan or other legally responsible
                                                in a theater of combat operations after                 address on the form, consistent with                  third party for the reasonable charges of
                                                November 11, 1998, and were                             actual practice. This change also makes               nonservice-connected VA care or
                                                discharged or released from active                      the rule more transparent, showing how                services. As part of the telephone
                                                service on or after January 28, 2003.                   veterans actually access VA health care.              application, the VA employee will
                                                This rule applies to all other veterans on                 The current paper application and its              obtain the veteran’s verbal consent to
                                                and after July 5, 2016.                                 online counterpart include the veteran’s              assign his or her third-party insurance
                                                   Comment Date: Comments must be                       consent to pay any copayments the law                 benefits to VA and inform the veteran
                                                received on or before May 16, 2016.                     requires the veteran pay for treatment or             that in order to pursue third-party
                                                ADDRESSES: Written comments may be                      services, 38 U.S.C. 1710 and 1722A, and               collections, VA may disclose certain
                                                submitted through                                       to assign insurance benefits to VA. 38                information about the veteran and his or
                                                www.Regulations.gov; by mail or hand-                   U.S.C. 1729; 42 U.S.C. 2651. The                      her treatment.
                                                delivery to Director, Regulation Policy                 application also includes a notification                 The VA employee will obtain the
                                                and Management (02REG), Department                      of the consequences of making a                       veteran’s verbal assurance of his or her
                                                of Veterans Affairs, 810 Vermont                        materially false statement in an                      understanding of these potential
                                                Avenue NW., Room 1066, Washington,                      application for enrollment.                           consequences and obligations and
                                                DC 20420; or by fax to (202) 273–9026.                     Under the existing regulations, it is              continued intent to apply for enrollment
                                                Comments should indicate that they are                  VA’s practice to assist veterans in filling           in the VA healthcare system. After those
                                                submitted in response to [‘‘RIN 2900–                   out the VA Form 10–10EZ, which often                  steps are complete, the veteran will
                                                AP68—Telephone enrollment in the VA                     occurs when veterans call a designated                attest to the accuracy and authenticity of
                                                healthcare system.’’] Copies of                         telephone number; however, in order to                the information provided in the
                                                comments received will be available for                 complete the application process, VA                  application and must provide verbal
                                                public inspection in the Office of                      currently requires the veteran’s                      confirmation that he or she consents to
                                                Regulation Policy and Management,                       signature. In these cases, a VA employee              VA copayment obligations and third-
                                                                                                        enters into the VA application form the               party billing procedures. These steps
                                                Room 1066, between the hours of 8:00
                                                                                                        information the veteran provides over                 will be considered to complete the
                                                a.m. and 4:30 p.m., Monday through
                                                                                                        the telephone, then VA mails the form                 application process in the same manner
                                                Friday (except holidays). Please call
                                                                                                        to the veteran to sign and return to VA.              as submitting the online application or
                                                (202) 461–4902 for an appointment.
                                                                                                        With this rulemaking, VA is now able to               signed paper form under current
                                                (This is not a toll-free number.) In
                                                                                                        complete the entire enrollment                        regulations.
                                                addition, during the comment period,
                                                                                                        application for the veteran based on                     By adding the telephone application
                                                comments may be viewed online
                                                                                                        information given and attestations made               to VA’s regulations with this
                                                through the Federal Docket Management
                                                                                                        by the veteran over the telephone that                amendment, VA will now offer three
                                                System (FDMS) at www.Regulations.gov.
                                                                                                        are legally equivalent to those in VA                 ways to enroll under 38 CFR 17.36(d)(1).
                                                FOR FURTHER INFORMATION CONTACT:                        Form 10–10EZ. Analysis of our current                 For clarity, we are reorganizing
                                                Mathew J. Eitutis, Acting Director,                     application process persuades us we can               paragraph (d)(1) to show the three
                                                Member Services 3401 SW 21st St.                        potentially enroll veterans more quickly              alternatives as (d)(1)(i), (ii), or (iii).
                                                Building 9 Topeka, KS 66604; 785–925–                   using this method, particularly those                 Paragraphs (d)(1)(i) and (ii) restate the
                                                0605. (This is not a toll-free number.)                 who are transitioning from active duty                existing means to apply, by paper
                                                SUPPLEMENTARY INFORMATION: Section                      to veteran status. We also believe the                submission in person or by mail,
                                                1710 of title 38, United States Code                    new process will be less burdensome on                (d)(1)(i); or online, (d)(1)(ii). We are
                                                (U.S.C.), authorizes VA to provide                      veterans.                                             removing the Web address from the
                                                health care to veterans, and section 1705                  To accomplish a telephone                          regulation at new paragraph (d)(1)(iii)
                                                requires VA to enroll most veterans in                  application for enrollment under                      because VA may change the location of
                                                the VA healthcare system before                         revised § 17.36(d)(1), a VA employee                  its Web application in the future.
                                                providing health care. This rulemaking                  will verify the veteran’s identify based              Veterans are informed of the Web
                                                amends VA’s enrollment regulations,                     on information already in VA’s records                address in a number of other media.
                                                § 17.36(d)(1) of title 38, Code of Federal              or records VA can access, and obtain the              New paragraph (d)(1)(iii) authorizes
                                                Regulations (CFR), to allow veterans to                 information necessary to complete the                 applications to be completed over the
                                                apply for enrollment in the VA                          veteran’s application. The VA employee                telephone by calling a designated phone
                                                healthcare system by telephone, in                      will also inform the veteran of the                   number, submitting application
                                                addition to submitting an application on                consequences of making a materially                   information verbally, attesting to the
                                                paper or online. Submitting an                          false statement and explain the VA                    accuracy and authenticity of the verbal
                                                application does not guarantee                          copayment obligation and the                          application for enrollment and
                                                enrollment in the VA health care                        assignment of benefits provision.                     consenting to VA’s copayment
                                                system.                                                    With respect to the copayment                      obligations and third-party billing
                                                   VA’s regulation at 38 CFR 17.36(d)(1)                obligation, VA is required by law to                  procedures.
                                                has allowed veterans to apply for                       charge some veterans a copayment for                     We will begin telephone applications
                                                enrollment in VA health care in two                     treatment or services. 38 U.S.C. 1710                 in two phases. Veterans in the first
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                                                ways, by submitting a signed paper                      and 1722A. As part of the telephone                   applicability date group (first group) are
                                                application on the VA Form 10–10EZ or                   application, the VA employee will                     eligible to receive cost-free VA health
                                                by completing that application online.                  provide notice to the veteran that he or              care for combat-related conditions and
                                                The current regulation provides for                     she is agreeing to make applicable                    enrollment in Priority Group 6 for 5
                                                submission of the form to a VA medical                  copayments and that by accepting care                 years after their separation from active
                                                facility, which any veteran may. The                    or services from VA, he or she may be                 duty. 38 U.S.C. 1710(e). Because these
                                                mailing address on the form, however,                   subject to copayment obligations. In                  veterans are eligible for a benefit


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                                                13996            Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations

                                                Congress created with a limited                         would be contrary to the public interest,             Review) defines a ‘‘significant
                                                duration, their opportunity to enroll in                for the same reasons described above.                 regulatory action,’’ requiring review by
                                                VA health care with enhanced Priority                                                                         OMB, unless OMB waives such review,
                                                                                                        Effect of Rulemaking
                                                Group assignment is passing quickly.                                                                          as ‘‘any regulatory action that is likely
                                                For this reason, VA will take telephone                   The Code of Federal Regulations, as                 to result in a rule that may: (1) Have an
                                                applications from them first. Beginning                 revised by this interim final rulemaking,             annual effect on the economy of $100
                                                March 15, 2016, VA will telephone                       will represent the exclusive legal                    million or more or adversely affect in a
                                                veterans in the first group with pending                authority on this subject. No contrary                material way the economy, a sector of
                                                applications for enrollment in VA                       rules or procedures are authorized. All               the economy, productivity, competition,
                                                health care to offer them an opportunity                VA guidance must be read to conform                   jobs, the environment, public health or
                                                to complete their applications by                       with this interim final rulemaking if                 safety, or State, local, or tribal
                                                telephone. Veterans in the first group                  possible or, if not possible, such                    governments or communities; (2) Create
                                                without pending applications may begin                  guidance is superseded by this                        a serious inconsistency or otherwise
                                                calling VA on March 15, 2016, to apply                  rulemaking.                                           interfere with an action taken or
                                                by telephone to enroll in VA health                     Paperwork Reduction Act                               planned by another agency; (3)
                                                care. All veterans who are not in the                                                                         Materially alter the budgetary impact of
                                                first group may begin calling VA on July                  Although this action contains                       entitlements, grants, user fees, or loan
                                                5, 2016, to apply by telephone to enroll                provisions constituting collections of                programs or the rights and obligations of
                                                in VA health care.                                      information, at 38 CFR 17.36(d)(1),                   recipients thereof; or (4) Raise novel
                                                   The phased initiation of telephone                   under the Paperwork Reduction Act of                  legal or policy issues arising out of legal
                                                applications permits VA to best marshal                 1995 (44 U.S.C. 3501–3521), no new or                 mandates, the President’s priorities, or
                                                limited resources as we perfect the                     proposed revised collections of                       the principles set forth in this Executive
                                                program, which we can only do by                        information are associated with this                  Order.’’
                                                processing real applications this new                   interim final rule. It will amend an                     The economic, interagency,
                                                way, while preparing to marshal the                     approved collection by allowing a new                 budgetary, legal, and policy
                                                additional resources necessary to serve                 method for veterans to submit the                     implications of this interim final rule
                                                all applicants for enrollment in VA                     requested information, but this change                have been examined, and it has been
                                                health care who wish to apply by                        will not affect the burden on the public              determined not to be a significant
                                                telephone. Although we could wait                       under the approved collection. The                    regulatory action under Executive Order
                                                until we develop the capacity to serve                  information collection requirements for               12866. VA’s impact analysis can be
                                                all potential applicants from the first                 38 CFR 17.36(d)(1) are currently                      found as a supporting document at
                                                day of this program, that would delay                   approved by the Office of Management                  http://www.regulations.gov, usually
                                                initiating telephone application, and                   and Budget (OMB) and have been                        within 48 hours after the rulemaking
                                                there is no good reason for that delay.                 assigned OMB control numbers 2900–                    document is published. Additionally, a
                                                                                                        0091.                                                 copy of the rulemaking and its impact
                                                Administrative Procedure Act
                                                                                                                                                              analysis are available on VA’s Web site
                                                   The Secretary of Veterans Affairs                    Regulatory Flexibility Act
                                                                                                                                                              at http://www.va.gov/orpm/, by
                                                finds that there is good cause under the                   The Secretary hereby certifies that                following the link for ‘‘VA Regulations
                                                provisions of 5 U.S.C. 553(b)(B) to                     this interim final rule will not have a               Published From FY 2004 Through Fiscal
                                                publish this rule without prior                         significant economic impact on a                      Year to Date.’’
                                                opportunity for public comment. Failure                 substantial number of small entities as
                                                to authorize verbal applications as soon                they are defined in the Regulatory                    Unfunded Mandates
                                                as possible is contrary to the public                   Flexibility Act, 5 U.S.C. 601–612. This                  The Unfunded Mandates Reform Act
                                                interest because it prolongs current                    interim final rule will directly affect               of 1995 requires, at 2 U.S.C. 1532, that
                                                delays in processing applications for                   only individuals and will not directly                agencies prepare an assessment of
                                                enrollment in the VA healthcare system.                 affect small entities. Therefore, pursuant            anticipated costs and benefits before
                                                Recently separated combat veterans                      to 5 U.S.C. 605(b), this rulemaking is                issuing any rule that may result in the
                                                comprise a large portion of new                         exempt from the initial and final                     expenditure by State, local, and tribal
                                                applicants for VA health care, with an                  regulatory flexibility analysis                       governments, in the aggregate, or by the
                                                especially great need for immediate                     requirements of 5 U.S.C. 603 and 604.                 private sector, of $100 million or more
                                                access to care. Prompt processing of                                                                          (adjusted annually for inflation) in any
                                                applications for enrollment in the VA                   Executive Order 12866 and 13563
                                                                                                                                                              one year. This interim final rule will
                                                health care system will ease their                         Executive Orders 12866 and 13563                   have no such effect on State, local, and
                                                transition to civilian life. Any delay in               direct agencies to assess the costs and               tribal governments, or on the private
                                                initiating an available, viable means of                benefits of available regulatory                      sector.
                                                enrolling this group would be                           alternatives and, when regulation is
                                                detrimental to their well-being and                     necessary, to select regulatory                       Catalog of Federal Domestic Assistance
                                                consequently contrary to the public                     approaches that maximize net benefits                   The Catalog of Federal Domestic
                                                interest.                                               (including potential economic,                        Assistance numbers and titles for the
                                                   We are dispensing with the 30-day                    environmental, public health and safety               programs affected by this document are
                                                delay requirement for the effective date                effects, and other advantages;                        64.007, Blind Rehabilitation Centers;
                                                of a rule for good cause under 5 U.S.C.                 distributive impacts; and equity).                    64.008, Veterans Domiciliary Care;
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                                                553(d)(3). The object of this rulemaking                Executive Order 13563 (Improving                      64.009, Veterans Medical Care Benefits;
                                                is to expedite the healthcare application               Regulation and Regulatory Review)                     64.010, Veterans Nursing Home Care;
                                                and enrollment process. We anticipate                   emphasizes the importance of                          64.011, Veterans Dental Care; 64.012,
                                                that this regulation will be                            quantifying both costs and benefits,                  Veterans Prescription Service; 64.013,
                                                uncontroversial and believe that any                    reducing costs, harmonizing rules, and                Veterans Prosthetic Appliances; 64.014,
                                                further delay in allowing VA to                         promoting flexibility. Executive Order                Veterans State Domiciliary Care; 64.015,
                                                complete applications by telephone                      12866 (Regulatory Planning and                        Veterans State Nursing Home Care;


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                                                                 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Rules and Regulations                                             13997

                                                64.018, Sharing Specialized Medical                     information verbally. To complete a                     The Commission will send a copy of
                                                Resources; 64.019, Veterans                             telephone application, the veteran                    this Memorandum Opinion and Order
                                                Rehabilitation Alcohol and Drug                         seeking enrollment must attest to the                 to Congress and the Government
                                                Dependence; 64.022, Veterans Home                       accuracy and authenticity of their verbal             Accountability Office pursuant to the
                                                Based Primary Care; and 64.024, VA                      application for enrollment and consent                Congressional Review Act, see 5 U.S.C.
                                                Homeless Providers Grant and Per Diem                   to VA’s copayment requirements and                    801(a)(1)(A).
                                                Program.                                                third-party billing procedures.
                                                                                                                                                              List of Subjects in 47 CFR Part 76
                                                Signing Authority                                       *     *    *      *    *
                                                                                                                                                                Administrative practice and
                                                  The Secretary of Veterans Affairs, or                 [FR Doc. 2016–05680 Filed 3–15–16; 8:45 am]
                                                                                                                                                              procedure; Cable television; Equal
                                                designee, approved this document and                    BILLING CODE 8320–01–P
                                                                                                                                                              employment opportunity; Political
                                                authorized the undersigned to sign and                                                                        candidates; Reporting and
                                                submit the document to the Office of the                                                                      recordkeeping requirements.
                                                Federal Register for publication                        FEDERAL COMMUNICATIONS
                                                                                                                                                                Federal Communications Commission.
                                                electronically as an official document of               COMMISSION
                                                                                                                                                              Marlene H. Dortch,
                                                the Department of Veterans Affairs.
                                                Robert D. Snyder, Interim Chief of Staff,               47 CFR Part 76                                        Secretary.
                                                Department of Veterans Affairs,                         [CS Docket No. 97–80; FCC 16–18]                      Final Rules
                                                approved this document on February 9,
                                                                                                        Commercial Availability of Navigation                   For the reasons discussed in the
                                                2016, for publication.
                                                                                                        Devices                                               preamble, the Federal Communications
                                                List of Subjects in 38 CFR Part 17                                                                            Commission amends 47 CFR part 76 as
                                                  Administrative practice and                           AGENCY:  Federal Communications                       follows:
                                                procedure, Alcohol abuse, Alcoholism,                   Commission.
                                                Claims, Day care, Dental health, Drug                   ACTION: Final rule.                                   PART 76—MULTICHANNEL VIDEO
                                                abuse, Government contracts, Grant                                                                            AND CABLE TELEVISION SERVICE
                                                                                                        SUMMARY:    The Commission amends a
                                                programs-health, Grant programs-                        set-top box rule to eliminate a                       ■ 1. The authority citation for part 76
                                                veterans, Health care, Health facilities,               requirement that multichannel video                   continues to read as follows:
                                                Health professions, Health records,                     programming distributors rely on
                                                Homeless, Medical and Dental schools,                                                                           Authority: 47 U.S.C. 151, 152, 153, 154,
                                                                                                        separated security in devices that they               301, 302, 302a, 303, 303a, 307, 308, 309, 312,
                                                Medical devices, Medical research,                      sell, lease, or otherwise provide to                  315, 317, 325, 338, 339, 340, 341, 503, 521,
                                                Mental health programs, Nursing                         subscribers.                                          522, 531, 532, 534, 535, 536, 537, 543, 544,
                                                homes, Reporting and recordkeeping                                                                            544a, 545, 548, 549, 552, 554, 556, 558, 560,
                                                requirements, Travel and transportation                 DATES: Effective April 15, 2016.
                                                                                                                                                              561, 571, 572, 573.
                                                expenses, Veterans.                                     FOR FURTHER INFORMATION CONTACT:
                                                                                                        Brendan Murray, Brendan.Murray@                       ■   2. Revise § 76.1204 to read as follows:
                                                  Dated: March 9, 2016.
                                                                                                        fcc.gov, of the Media Bureau, Policy                  § 76.1204 Availability of equipment
                                                Michael P. Shores,
                                                                                                        Division, (202) 418–1573.                             performing conditional access or security
                                                Chief Impact Analyst, Office of Regulation
                                                Policy & Management, Office of the General              SUPPLEMENTARY INFORMATION: Section                    functions.
                                                Counsel, Department of Veterans Affairs.                106 of the STELA Reauthorization Act                    (a)(1) A multichannel video
                                                                                                        of 2014, Public Law 113–200, Section                  programming distributor that utilizes
                                                  For the reasons stated in the                         106(a), 128 Stat. 2059, 2063–4 (2014),                Navigation Devices to perform
                                                preamble, Department of Veterans                        states that the ‘‘second sentence of
                                                Affairs proposes to amend 38 CFR part                                                                         conditional access functions shall make
                                                                                                        section 76.1204(a)(1) of title 47, Code of            available equipment that incorporates
                                                17 as follows:                                          Federal Regulations, terminates effective             only the conditional access functions of
                                                PART 17—MEDICAL                                         on’’ December 4, 2015. That second                    such devices.
                                                                                                        sentence is the portion of our rules that               (2) The foregoing requirement shall
                                                ■ 1. The authority citation for part 17                 we commonly refer to as the                           not apply to a multichannel video
                                                continues to read as follows:                           ‘‘integration ban,’’ and it required cable            programming distributor that supports
                                                  Authority: 38 U.S.C. 501, and as noted in             operators to rely on identical security               the active use by subscribers of
                                                specific sections.                                      elements for leased devices and                       Navigation Devices that:
                                                                                                        consumer-owned devices. Section 106                     (i) Operate throughout the continental
                                                ■ 2. Amend § 17.36 to revise paragraph                  goes on to state that by June 1, 2016,                United States, and
                                                (d)(1) to read as follows:                              ‘‘the Commission shall complete all                     (ii) Are available from retail outlets
                                                § 17.36 Enrollment—provision of hospital                actions necessary to remove the                       and other vendors throughout the
                                                and outpatient care to veterans.                        sentence’’ from our rules. With this                  United States that are not affiliated with
                                                *       *    *     *     *                              Order, we remove that sentence from                   the owner or operator of the
                                                   (d) * * *                                            our rules.                                            multichannel video programming
                                                   (1) Application for enrollment. A                       This document does not contain                     system.
                                                veteran who wishes to be enrolled must                  information collection requirements                     (b) Conditional access function
                                                apply by submitting a VA Form 10–                       subject to the Paperwork Reduction Act                equipment made available pursuant to
                                                10EZ:                                                   of 1995, Public Law 104–13. In addition,              paragraph (a)(1) of this section shall be
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                                                   (i) To a VA medical facility or by mail              therefore, it does not contain any                    designed to connect to and function
                                                it to the U.S. Postal address on the form;              information collection burden for small               with other Navigation Devices available
                                                or                                                      business concerns with fewer than 25                  through the use of a commonly used
                                                   (ii) Online at the designated World                  employees, pursuant to the Small                      interface or an interface that conforms to
                                                Wide Web internet address; or                           Business Paperwork Relief Act of 2002,                appropriate technical standards
                                                   (iii) By calling a designated telephone              Public Law 107–198, see 44 U.S.C.                     promulgated by a national standards
                                                number and submitting application                       3506(c)(4).                                           organization.


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Document Created: 2016-03-15 23:44:40
Document Modified: 2016-03-15 23:44:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final rule.
ContactMathew J. Eitutis, Acting Director, Member Services 3401 SW 21st St. Building 9 Topeka, KS 66604; 785-925- 0605. (This is not a toll-free number.)
FR Citation81 FR 13994 
RIN Number2900-AP68
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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