81 FR 46601 - Prescriptions in Alaska and U.S. Territories and Possessions
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 81, Issue 137 (July 18, 2016)
Federal Register Volume 81, Issue 137 (July 18, 2016)
| Page Range | 46601-46602 | |
| FR Document | 2016-16908 |
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)] [Rules and Regulations] [Pages 46601-46602] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16908] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900-AP42 Prescriptions in Alaska and U.S. Territories and Possessions AGENCY: Department of Veterans Affairs. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Veterans Affairs (VA) is removing its medical regulation that governs medications provided in Alaska and territories and possessions of the United States because this regulation is otherwise subsumed by another VA medical regulation related to provision of medications that are prescribed by non-VA providers. DATES: This final rule is effective August 17, 2016. FOR FURTHER INFORMATION CONTACT: Kristin J. Cunningham, Director, Business Policy, Chief Business Office (10D), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420; (202) 382-2508. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: In a document published in the Federal Register on February 8, 2016 (81 FR 6479), VA proposed to amend part 17 of 38 CFR by amending the regulations that govern medication provided in Alaska and territories and possessions of the United States. We provided a 60-day comment period, which ended on April 8, 2016. We received no comments on the proposed rule. Under section 1712(d) of title 38 United States Code (U.S.C.), VA must furnish medications to veterans who receive increased compensation or pension benefits by reason of being permanently housebound or in need of regular aid and attendance, if such medications are prescribed for the treatment of any injury or illness suffered by such veteran. VA originally promulgated two regulations on October 4, 1967, to implement section 1712(d), in title 38 Code of Federal Regulations (CFR) 17.60d and 17.60e. See 32 FR 13816. Section 1712(d) does not require these certain veterans to be receiving VA hospital care or medical services as a condition of receiving medications from VA and Sec. 17.60d provided that VA pharmacies would fill prescriptions for these veterans when they were receiving care from a non-VA provider to treat any of the veteran's illnesses or injuries. See 32 FR 13816 (October 4, 1967). Section 17.60e, in turn, addressed geographic areas that, at the time, did not have VA pharmacies--Sec. 17.60e provided that in those areas without VA pharmacies, VA may reimburse the cost of prescriptions that otherwise would have been filled under Sec. 17.60d. See 32 CFR 13816 (October 4, 1967). Sections 17.60d and 17.60e were renumbered as Sec. Sec. 17.96 and 17.97, respectively, and relate to the same cohort of veterans for whom VA is authorized to provide prescription medication under section 1712(d). Because the same cohort of veterans is at issue in Sec. Sec. 17.96 and 17.97, and because Sec. 17.96 already provides for the filling of prescriptions in non-VA pharmacies, a separate Sec. 17.97 to address prescriptions in non-VA pharmacies (pharmacies in areas without VA pharmacies) is no longer necessary. We are, therefore, removing Sec. 17.97 and marking it as reserved for future use, and are also revising Sec. 17.96 to clarify that any non-VA pharmacy under contract with VA may be used, not just those non-VA pharmacies in a state home under contract with VA for filling prescriptions for patients in state homes. We are making one edit to the proposed revision of the introductory paragraph in Sec. 17.96 for grammatical [[Page 46602]] accuracy. No change to the meaning of the proposed regulation text is intended by this edit. Based on the rationale set forth in the Supplementary Information to the proposed rule and in this final rule, VA is adopting the proposed rule as a final rule with the edit discussed in this final rule. Effect of Rulemaking Title 38 of the Code of Federal Regulations, as revised by this final rulemaking, represents VA's implementation of its legal authority on this subject. Other than future amendments to this regulation or governing statutes, no contrary guidance or procedures are authorized. All existing or subsequent VA guidance must be read to conform with this rulemaking if possible or, if not possible, such guidance is superseded by this rulemaking. Paperwork Reduction Act This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3521). Regulatory Flexibility Act The Secretary hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601- 612. This final rule directly affects only individuals and would not directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), this amendment 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 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 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; 64.014, 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. Gina S. Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, approved this document on June 30, 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, Health care, Health facilities, Health professions, Health records, Homeless, Mental health programs, Nursing homes, Veterans. Dated: June 30, 2016. Jeffrey Martin, Office Program Manager, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. For the reasons set forth in the preamble, we 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. 17.96 by revising the introductory text to read as follows: Sec. 17.96 Medication prescribed by non-VA physicians. Any prescription, which is not part of authorized Department of Veterans Affairs hospital or outpatient care, for drugs and medicines ordered by a private or non-Department of Veterans Affairs doctor of medicine or doctor of osteopathy duly licensed to practice in the jurisdiction where the prescription is written, shall be filled by a Department of Veterans Affairs pharmacy or a non-VA pharmacy under contract with VA, including non-VA pharmacy in a state home under contract with VA for filling prescriptions for patients in state homes, provided: * * * * * Sec. 17.97 [Removed and reserved] 0 3. Remove and reserve Sec. 17.97. [FR Doc. 2016-16908 Filed 7-15-16; 8:45 am] BILLING CODE 8320-01-P
![Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations 46601
Dated: July 11, 2016. vessels and support personnel, vessels SUPPLEMENTARY INFORMATION: In a
M.W. Raymond, registered with the event organizer, or document published in the Federal
Captain, U.S. Coast Guard, Captain of the other vessels authorized by the Captain Register on February 8, 2016 (81 FR
Port, Puget Sound. of the Port or Designated 6479), VA proposed to amend part 17 of
[FR Doc. 2016–16871 Filed 7–15–16; 8:45 am] Representatives. Vessels and persons 38 CFR by amending the regulations
BILLING CODE 9110–04–P granted authorization to enter the safety that govern medication provided in
zone must obey all lawful orders or Alaska and territories and possessions
directions made by the Captain of the of the United States. We provided a 60-
DEPARTMENT OF HOMELAND Port or his designated representative. day comment period, which ended on
SECURITY The Captain of the Port may be April 8, 2016. We received no
assisted by other federal, state and local comments on the proposed rule. Under
Coast Guard law enforcement agencies in enforcing section 1712(d) of title 38 United States
this regulation. Code (U.S.C.), VA must furnish
33 CFR Part 165 This document is issued under medications to veterans who receive
[Docket No. USCG–2011–0451] authority of 33 CFR 165.1319 and 5 increased compensation or pension
U.S.C. 552(a). In addition to this notice benefits by reason of being permanently
Safety Zone, Seafair Air Show of enforcement in the Federal Register, housebound or in need of regular aid
Performance, 2016, Seattle, WA the Coast Guard will provide the and attendance, if such medications are
maritime community with advanced prescribed for the treatment of any
AGENCY: Coast Guard, DHS. notification of the safety zone via the injury or illness suffered by such
ACTION: Notice of enforcement of Local Notice to Mariners and marine veteran. VA originally promulgated two
regulation. information broadcasts on the day of the regulations on October 4, 1967, to
event. If the COTP determines that the implement section 1712(d), in title 38
SUMMARY: The Coast Guard will enforce Code of Federal Regulations (CFR)
safety zone need not be enforced for the
the annual Seafair Air Show 17.60d and 17.60e. See 32 FR 13816.
full duration stated in this notice of
Performance safety zone on Lake Section 1712(d) does not require these
enforcement, he may use a Broadcast
Washington, Seattle, WA daily, from 8 certain veterans to be receiving VA
Notice to Mariners to grant general
a.m. until 4 p.m., from August 4, 2016, hospital care or medical services as a
permission to enter the regulated area.
through August 7, 2016. This action is condition of receiving medications from
necessary to ensure the safety of the Dated: July 11, 2016.
VA and § 17.60d provided that VA
public from inherent dangers associated M.W. Raymond, pharmacies would fill prescriptions for
with these annual aerial displays. Captain, U.S. Coast Guard, Captain of the these veterans when they were receiving
During the enforcement period, no Port, Puget Sound. care from a non-VA provider to treat any
person or vessel may enter or transit this [FR Doc. 2016–16870 Filed 7–15–16; 8:45 am] of the veteran’s illnesses or injuries. See
safety zone unless authorized by the BILLING CODE 9110–04–P 32 FR 13816 (October 4, 1967). Section
Captain of the Port or his designated 17.60e, in turn, addressed geographic
representative. areas that, at the time, did not have VA
DATES: The regulations in 33 CFR DEPARTMENT OF VETERANS pharmacies—§ 17.60e provided that in
165.1319 will be enforced daily, from 8 AFFAIRS those areas without VA pharmacies, VA
a.m. until 4 p.m., from August 4, 2016, may reimburse the cost of prescriptions
through August 7, 2016. 38 CFR Part 17 that otherwise would have been filled
under § 17.60d. See 32 CFR 13816
FOR FURTHER INFORMATION CONTACT: If
RIN 2900–AP42 (October 4, 1967).
you have questions on this notice of Sections 17.60d and 17.60e were
enforcement, call or email LT Kate Prescriptions in Alaska and U.S. renumbered as §§ 17.96 and 17.97,
Haseley, Sector Puget Sound Waterways Territories and Possessions respectively, and relate to the same
Management Division, Coast Guard; cohort of veterans for whom VA is
telephone (206) 217–6051, email AGENCY: Department of Veterans Affairs.
authorized to provide prescription
SectorPugetSoundWWM@uscg.mil. ACTION: Final rule. medication under section 1712(d).
SUPPLEMENTARY INFORMATION: The Coast Because the same cohort of veterans is
Guard will enforce the Seafair Air Show SUMMARY: The Department of Veterans
Affairs (VA) is removing its medical at issue in §§ 17.96 and 17.97, and
Performance safety zone in 33 CFR because § 17.96 already provides for the
165.1319 daily, from 8 a.m. until 4 p.m., regulation that governs medications
provided in Alaska and territories and filling of prescriptions in non-VA
from August 4, 2016, through August 7, pharmacies, a separate § 17.97 to
2016 unless canceled sooner by the possessions of the United States because
this regulation is otherwise subsumed address prescriptions in non-VA
Captain of the Port. pharmacies (pharmacies in areas
Under the provisions of 33 CFR by another VA medical regulation
related to provision of medications that without VA pharmacies) is no longer
165.1319, the following area is necessary. We are, therefore, removing
designated as a safety zone: All waters are prescribed by non-VA providers.
§ 17.97 and marking it as reserved for
of Lake Washington, Washington State, DATES: This final rule is effective August future use, and are also revising § 17.96
south of the Interstate 90 bridge, west of 17, 2016. to clarify that any non-VA pharmacy
asabaliauskas on DSK3SPTVN1PROD with RULES
Mercer Island, and north of Seward FOR FURTHER INFORMATION CONTACT: under contract with VA may be used,
Park. The specific boundaries of the Kristin J. Cunningham, Director, not just those non-VA pharmacies in a
safety zone are listed in 33 CFR Business Policy, Chief Business Office state home under contract with VA for
165.1319(b). (10D), Veterans Health Administration, filling prescriptions for patients in state
In accordance with the general Department of Veterans Affairs, 810 homes.
regulations in 33 CFR part 165, subpart Vermont Ave. NW., Washington, DC We are making one edit to the
C, no person or vessel may enter or 20420; (202) 382–2508. (This is not a proposed revision of the introductory
remain in the zone except for support toll-free number.) paragraph in § 17.96 for grammatical
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![46602 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations
accuracy. No change to the meaning of likely to result in a rule that may: (1) Homeless Providers Grant and Per Diem
the proposed regulation text is intended Have an annual effect on the economy Program.
by this edit. of $100 million or more or adversely
Based on the rationale set forth in the Signing Authority
affect in a material way the economy, a
Supplementary Information to the sector of the economy, productivity, The Secretary of Veterans Affairs, or
proposed rule and in this final rule, VA competition, jobs, the environment, designee, approved this document and
is adopting the proposed rule as a final public health or safety, or State, local, authorized the undersigned to sign and
rule with the edit discussed in this final or tribal governments or communities; submit the document to the Office of the
rule. (2) Create a serious inconsistency or Federal Register for publication
Effect of Rulemaking otherwise interfere with an action taken electronically as an official document of
or planned by another agency; (3) the Department of Veterans Affairs. Gina
Title 38 of the Code of Federal Materially alter the budgetary impact of S. Farrisee, Deputy Chief of Staff,
Regulations, as revised by this final entitlements, grants, user fees, or loan Department of Veterans Affairs,
rulemaking, represents VA’s programs or the rights and obligations of approved this document on June 30,
implementation of its legal authority on recipients thereof; or (4) Raise novel 2016, for publication.
this subject. Other than future legal or policy issues arising out of legal
amendments to this regulation or mandates, the President’s priorities, or List of Subjects in 38 CFR Part 17
governing statutes, no contrary guidance the principles set forth in this Executive Administrative practice and
or procedures are authorized. All Order.’’ procedure, Alcohol abuse, Alcoholism,
existing or subsequent VA guidance The economic, interagency, Claims, Day care, Dental health, Drug
must be read to conform with this budgetary, legal, and policy abuse, Health care, Health facilities,
rulemaking if possible or, if not implications of this regulatory action Health professions, Health records,
possible, such guidance is superseded have been examined, and it has been Homeless, Mental health programs,
by this rulemaking. determined not to be a significant Nursing homes, Veterans.
Paperwork Reduction Act regulatory action under Executive Order Dated: June 30, 2016.
This final rule contains no provisions 12866. VA’s impact analysis can be
Jeffrey Martin,
constituting a collection of information found as a supporting document at
Office Program Manager, Office of Regulation
under the Paperwork Reduction Act of http://www.regulations.gov, usually
Policy & Management, Office of the Secretary,
1995 (44 U.S.C. 3501–3521). within 48 hours after the rulemaking Department of Veterans Affairs.
document is published. Additionally, a
Regulatory Flexibility Act copy of the rulemaking and its impact For the reasons set forth in the
The Secretary hereby certifies that analysis are available on VA’s Web site preamble, we amend 38 CFR part 17 as
this final rule will not have a significant at http://www.va.gov/orpm/, by follows:
economic impact on a substantial following the link for ‘‘VA Regulations
Published From FY 2004 Through Fiscal PART 17—MEDICAL
number of small entities as they are
defined in the Regulatory Flexibility Year to Date.’’
■ 1. The authority citation for part 17
Act, 5 U.S.C. 601–612. This final rule Unfunded Mandates continues to read as follows:
directly affects only individuals and
would not directly affect small entities. The Unfunded Mandates Reform Act Authority: 38 U.S.C. 501, and as noted in
Therefore, pursuant to 5 U.S.C. 605(b), of 1995 requires, at 2 U.S.C. 1532, that specific sections.
this amendment is exempt from the agencies prepare an assessment of
anticipated costs and benefits before ■ 2. Amend § 17.96 by revising the
initial and final regulatory flexibility
issuing any rule that may result in the introductory text to read as follows:
analysis requirements of 5 U.S.C. 603
and 604. expenditure by State, local, and tribal § 17.96 Medication prescribed by non-VA
governments, in the aggregate, or by the physicians.
Executive Order 12866 and 13563 private sector, of $100 million or more
Executive Orders 12866 and 13563 (adjusted annually for inflation) in any Any prescription, which is not part of
direct agencies to assess the costs and one year. This final rule will have no authorized Department of Veterans
benefits of available regulatory such effect on State, local, and tribal Affairs hospital or outpatient care, for
alternatives and, when regulation is governments, or on the private sector. drugs and medicines ordered by a
necessary, to select regulatory private or non-Department of Veterans
Catalog of Federal Domestic Assistance Affairs doctor of medicine or doctor of
approaches that maximize net benefits
(including potential economic, The Catalog of Federal Domestic osteopathy duly licensed to practice in
environmental, public health and safety Assistance numbers and titles for the the jurisdiction where the prescription
effects, and other advantages; programs affected by this document are is written, shall be filled by a
distributive impacts; and equity). 64.007, Blind Rehabilitation Centers; Department of Veterans Affairs
Executive Order 13563 (Improving 64.008, Veterans Domiciliary Care; pharmacy or a non-VA pharmacy under
Regulation and Regulatory Review) 64.009, Veterans Medical Care Benefits; contract with VA, including non-VA
emphasizes the importance of 64.010, Veterans Nursing Home Care; pharmacy in a state home under
quantifying both costs and benefits, 64.011, Veterans Dental Care; 64.012, contract with VA for filling
prescriptions for patients in state
asabaliauskas on DSK3SPTVN1PROD with RULES
reducing costs, harmonizing rules, and Veterans Prescription Service; 64.014,
promoting flexibility. Executive Order Veterans State Domiciliary Care; 64.015, homes, provided:
12866 (Regulatory Planning and Veterans State Nursing Home Care; * * * * *
Review) defines a ‘‘significant 64.018, Sharing Specialized Medical § 17.97 [Removed and reserved]
regulatory action,’’ requiring review by Resources; 64.019, Veterans
the Office of Management and Budget Rehabilitation Alcohol and Drug ■ 3. Remove and reserve § 17.97.
(OMB), unless OMB waives such Dependence; 64.022, Veterans Home [FR Doc. 2016–16908 Filed 7–15–16; 8:45 am]
review, as ‘‘any regulatory action that is Based Primary Care; and 64.024, VA BILLING CODE 8320–01–P
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Document Created: 2016-07-16 02:28:28
Document Modified: 2016-07-16 02:28:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective August 17, 2016. | |
| Contact | Kristin J. Cunningham, Director, Business Policy, Chief Business Office (10D), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420; (202) 382-2508. (This is not a toll-free number.) | |
| FR Citation | 81 FR 46601 | |
| RIN Number | 2900-AP42 | |
| CFR Associated | Administrative Practice and Procedure; Alcohol Abuse; Alcoholism; Claims; Day Care; Dental Health; Drug Abuse; Health Care; Health Facilities; Health Professions; Health Records; Homeless; Mental Health Programs; Nursing Homes and Veterans |
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