82 FR 11152 - Fertility Counseling and Treatment for Certain Veterans and Spouses, Correction
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 82, Issue 33 (February 21, 2017)
Federal Register Volume 82, Issue 33 (February 21, 2017)
| Page Range | 11152-11153 | |
| FR Document | 2017-03319 |
[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)] [Rules and Regulations] [Pages 11152-11153] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03319] ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900-AP94 Fertility Counseling and Treatment for Certain Veterans and Spouses, Correction AGENCY: Department of Veterans Affairs. ACTION: Interim final rule; correcting amendment. ----------------------------------------------------------------------- SUMMARY: The Department of Veterans Affairs published in the Federal Register on January 19, 2017, an interim final rulemaking adding a new section authorizing in vitro fertilization (IVF) for a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. In addition, we added a new section authorizing VA to provide fertility counseling and treatment using assisted reproductive technologies (ART), including IVF, to a spouse of a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. These sections contain an error regarding the expiration date VA's authority to provide health care services. This document corrects the errors and does not make any substantive change to the content of the interim final rule. DATES: Effective: February 21, 2017. FOR FURTHER INFORMATION CONTACT: Patricia M. Hayes, Ph.D. Chief Consultant, Women's Health Services, Patient Care Services, Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420. (202) 461-0373. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: VA published an interim final rule at 82 FR 6275 (January 19, 2017) that implemented section 260 of the Continuing Appropriations and Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017, and Zika Response and Preparedness Act (Pub. L. 114-223) as it pertains to fertility counseling and treatment for certain veterans and spouses. This law states that VA may use appropriated funds available to VA for the Medical Services account to provide fertility counseling and treatment using assisted reproductive technology (ART) to a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment, and to the spouse of such veteran. The ART treatments referred to in this law are those relating to reproductive assistance provided to a member of the Armed Forces who incurs a serious injury or illness on active duty pursuant to title 10 of the United States Code (U.S.C.) section 1074(c)(4)(A), as described in a policy memorandum issued by the Assistant Secretary of Defense for Health Affairs on April 3, 2012, titled ``Policy for Assisted Reproductive Services for the Benefit of Seriously or Severely Ill/ Injured (Category II or III) Active Duty Service Members,'' and the guidance issued to implement such policy, including any limitations on the amount of benefits available to each eligible member. VA added new Sec. 17.380 which states that IVF may be provided when clinically appropriate to a veteran who has a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment, as well as a spouse of such veteran. IVF services available to such veterans are the same as those provided by DoD to a member of the Armed Forces who incurs a serious injury or illness on active duty pursuant to 10 U.S.C. 1074(c)(4)(A), as described in DoD policy guidance, including any limitations on the amount of such benefits available to such a member. Fertility counseling and treatment other than IVF is available to veterans as part of the medical benefits package at Sec. 17.38. We also added new Sec. 17.412 which states that VA may provide fertility counseling and treatment using ART to a spouse of a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment to the extent such services are available to enrolled veterans under the medical benefits package. It also states that VA may provide IVF to a spouse of a veteran with a service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment. Such health care services may be provided when clinically appropriate and consistent with the benefits relating to reproductive assistance provided to a member of the Armed Forces who incurs a serious injury or illness on [[Page 11153]] active duty as described in DoD policy guidance. In paragraph (b) of both Sec. Sec. 17.380 and 17.412 we incorrectly stated that authority to provide health care services under these sections expires on September 30, 2017, the end of fiscal year 2017. In this correction, we amend both paragraphs to reflect that authority to provide health care services under these sections expires on September 30, 2018. 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 February 15, 2017, 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: February 15, 2017. Janet Coleman, Chief, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. For the reasons set out in the preamble, VA is correcting 38 CFR part 17 by making the following correcting amendments: 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. Section 17.38 is also issued under 38 U.S.C. 101, 501, 1701, 1705, 1710, 1710A, 1721, 1722, 1782, and 1786. Sections 17.380 and 17.412 are also issued under sec. 260, Public Law 114-223, 130 Stat. 857. Section 17.415 is also issued under 38 U.S.C. 7301, 7304, 7402, and 7403. Sections 17.640 and 17.647 are also issued under sec. 4, Public Law 114-2, 129 Stat. 30. Sections 17.641 through 17.646 are also issued under 38 U.S.C. 501(a) and sec. 4, Public Law 114-2, 129 Stat. 30. Sec. 17.380 [Amended] 0 2. In Sec. 17.380 paragraph (b), remove ``2017'' and add in its place ``2018''. Sec. 17.412 [Amended] 0 3. In Sec. 17.412 paragraph (b), remove ``2017'' and add in its place ``2018''. [FR Doc. 2017-03319 Filed 2-17-17; 8:45 am] BILLING CODE 8320-01-P
![11152 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations
Veterans’ Service Officer (CVSO) may Approved: February 15, 2017. use appropriated funds available to VA
become accredited through a recognized Jeffrey Martin, for the Medical Services account to
State organization. The rule was Office Program Manager, Office of Regulation provide fertility counseling and
published with an effective date of Policy & Management, Office of the Secretary, treatment using assisted reproductive
February 21, 2017. Department of Veterans Affairs. technology (ART) to a veteran with a
VA bases this action on the [FR Doc. 2017–03328 Filed 2–17–17; 8:45 am] service-connected disability that results
memorandum of January 20, 2017 (82 BILLING CODE 8320–01–P in the inability of the veteran to
FR 8346), from the Assistant to the procreate without the use of fertility
President and Chief of Staff, entitled treatment, and to the spouse of such
‘‘Regulatory Freeze Pending Review’’ DEPARTMENT OF VETERANS veteran. The ART treatments referred to
(White House memorandum). That AFFAIRS in this law are those relating to
memorandum directed the heads of reproductive assistance provided to a
Executive Departments and Agencies to 38 CFR Part 17 member of the Armed Forces who
temporarily postpone for 60 days from incurs a serious injury or illness on
RIN 2900–AP94
the date of the memorandum the active duty pursuant to title 10 of the
effective dates of all regulations that had Fertility Counseling and Treatment for United States Code (U.S.C.) section
been published in the Federal Register Certain Veterans and Spouses, 1074(c)(4)(A), as described in a policy
but had not yet taken effect, for the Correction memorandum issued by the Assistant
purpose of ‘‘reviewing questions of fact, Secretary of Defense for Health Affairs
law, and policy they raise.’’ VA, AGENCY:Department of Veterans Affairs. on April 3, 2012, titled ‘‘Policy for
therefore, is revising the effective date of Interim final rule; correcting
ACTION: Assisted Reproductive Services for the
the rule that published on January 19, amendment. Benefit of Seriously or Severely Ill/
2017 (82 FR 6265), to March 21, 2017. Injured (Category II or III) Active Duty
To the extent that 5 U.S.C. 553 applies SUMMARY: The Department of Veterans Service Members,’’ and the guidance
to this action, it is exempt from notice Affairs published in the Federal issued to implement such policy,
and comment because it constitutes a Register on January 19, 2017, an interim including any limitations on the amount
rule of procedure under 5 U.S.C. final rulemaking adding a new section of benefits available to each eligible
553(b)(A). Alternatively, VA’s authorizing in vitro fertilization (IVF) member.
implementation of this action without for a veteran with a service-connected VA added new § 17.380 which states
opportunity for public comment, disability that results in the inability of that IVF may be provided when
effective immediately upon publication the veteran to procreate without the use clinically appropriate to a veteran who
today in the Federal Register, is based of fertility treatment. In addition, we has a service-connected disability that
on the good cause exceptions in 5 U.S.C. added a new section authorizing VA to results in the inability of the veteran to
553(b)(B) and (d)(3). Seeking public provide fertility counseling and procreate without the use of fertility
comment is impracticable, unnecessary, treatment using assisted reproductive treatment, as well as a spouse of such
and contrary to the public interest. The technologies (ART), including IVF, to a veteran. IVF services available to such
temporary delay in the effective date spouse of a veteran with a service- veterans are the same as those provided
until March 21, 2017, is necessary to connected disability that results in the by DoD to a member of the Armed
give VA officials the opportunity for inability of the veteran to procreate Forces who incurs a serious injury or
further review and consideration of the without the use of fertility treatment. illness on active duty pursuant to 10
new regulation, consistent with the These sections contain an error U.S.C. 1074(c)(4)(A), as described in
White House memorandum. Given the regarding the expiration date VA’s DoD policy guidance, including any
imminence of the effective date, the authority to provide health care limitations on the amount of such
brief length of the extension, and the services. This document corrects the benefits available to such a member.
public’s full opportunity to comment errors and does not make any Fertility counseling and treatment other
prior to the publishing of the final rule, substantive change to the content of the than IVF is available to veterans as part
seeking public comment on this interim final rule. of the medical benefits package at
temporary delay would have been DATES: Effective: February 21, 2017. § 17.38.
impracticable, as well as contrary to the We also added new § 17.412 which
FOR FURTHER INFORMATION CONTACT: states that VA may provide fertility
public interest in the orderly
promulgation and implementation of Patricia M. Hayes, Ph.D. Chief counseling and treatment using ART to
regulations. VA also believes that Consultant, Women’s Health Services, a spouse of a veteran with a service-
further delay, beyond what is required Patient Care Services, Veterans Health connected disability that results in the
by the White House memorandum, Administration, Department of Veterans inability of the veteran to procreate
would cause undue inconvenience to Affairs, 810 Vermont Ave. NW., without the use of fertility treatment to
the affected entities. Washington, DC 20420. (202) 461–0373. the extent such services are available to
(This is not a toll-free number.) enrolled veterans under the medical
Signing Authority SUPPLEMENTARY INFORMATION: VA benefits package. It also states that VA
The Secretary of Veterans Affairs, or published an interim final rule at 82 FR may provide IVF to a spouse of a
designee, approved this document and 6275 (January 19, 2017) that veteran with a service-connected
authorized the undersigned to sign and implemented section 260 of the disability that results in the inability of
submit the document to the Office of the Continuing Appropriations and Military the veteran to procreate without the use
Federal Register for publication Construction, Veterans Affairs, and
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of fertility treatment. Such health care
electronically as an official document of Related Agencies Appropriations Act, services may be provided when
the Department of Veterans Affairs. Gina 2017, and Zika Response and clinically appropriate and consistent
S. Farrisee, Deputy Chief of Staff, Preparedness Act (Pub. L. 114–223) as it with the benefits relating to
Department of Veterans Affairs, pertains to fertility counseling and reproductive assistance provided to a
approved this document on February treatment for certain veterans and member of the Armed Forces who
15, 2017, for publication. spouses. This law states that VA may incurs a serious injury or illness on
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![Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations 11153
active duty as described in DoD policy § 17.380 [Amended] reference to 36.4826. Consequently, the
guidance. ■ 2. In § 17.380 paragraph (b), remove Electronic Code of Federal Regulations,
In paragraph (b) of both §§ 17.380 and ‘‘2017’’ and add in its place ‘‘2018’’. published by the Government Printing
17.412 we incorrectly stated that Office, could not implement the change,
authority to provide health care services § 17.412 [Amended] noting an ‘‘inaccurate amendatory
under these sections expires on ■ 3. In § 17.412 paragraph (b), remove instruction’’ at the bottom of 38 CFR
September 30, 2017, the end of fiscal ‘‘2017’’ and add in its place ‘‘2018’’. 36.4309.
year 2017. In this correction, we amend [FR Doc. 2017–03319 Filed 2–17–17; 8:45 am]
With this notice, VA is amending
both paragraphs to reflect that authority §§ 36.4309, 36.4322, 36.4335, and
BILLING CODE 8320–01–P
to provide health care services under 36.4378, to correct the outdated cross-
these sections expires on September 30, references to the 36.4800 series
2018. DEPARTMENT OF VETERANS regulations.
Signing Authority AFFAIRS Signing Authority
The Secretary of Veterans Affairs, or 38 CFR Part 36 The Secretary of Veterans Affairs, or
designee, approved this document and designee, approved this document and
RIN 2900–AP95 authorized the undersigned to sign and
authorized the undersigned to sign and
submit the document to the Office of the submit the document to the Office of the
Veterans Benefits Administration;
Federal Register for publication Federal Register for publication
Loan Guaranty: Technical Corrections
electronically as an official document of electronically as an official document of
the Department of Veterans Affairs. Gina AGENCY:Department of Veterans Affairs. the Department of Veterans Affairs. Gina
S. Farrisee, Deputy Chief of Staff, Final rule; correcting
ACTION: S. Farrisee, Deputy Chief of Staff,
Department of Veterans Affairs, amendment. Department of Veterans Affairs,
approved this document on February approved this document on February
15, 2017, for publication. SUMMARY: On June 15, 2010, VA 15, 2017, for publication.
published a document in the Federal
List of Subjects in 38 CFR Part 17 Register eliminating redundant List of Subjects in 38 CFR Part 36
Administrative practice and provisions from its loan guaranty Condominiums, Housing, Individuals
procedure, Alcohol abuse, Alcoholism, regulations following the with disabilities, Loan programs—
Claims, Day care, Dental health, Drug implementation of a new electronic housing and community development,
abuse, Government contracts, Grant reporting system and redesignating the Loan programs—veterans, Manufactured
programs—health, Grant programs— section numbers of these regulations. At homes, Mortgage insurance, Reporting
veterans, Health care, Health facilities, that time, VA did not update cross- and recordkeeping requirements,
Health professions, Health records, reference citations to conform to the Veterans.
Homeless, Medical and Dental schools, redesignated sections. A subsequent
notice updated some, but not all, cross- Correction
Medical devices, Medical research,
Mental health programs, Nursing reference citations. VA is now updating For the reasons discussed in the
homes, Reporting and recordkeeping the remaining non-substantive, cross- preamble, VA is amending 38 CFR part
requirements, Travel and transportation reference citations for clarity and 36 with the following correcting
expenses, Veterans. accuracy. amendments:
Dated: February 15, 2017. DATES: This correction is effective on
PART 36—LOAN GUARANTY
Janet Coleman,
February 21, 2017.
Chief, Office of Regulation Policy & FOR FURTHER INFORMATION CONTACT: ■ 1. The authority citation for part 36
Management, Office of the Secretary, Jeffrey F. London, Director, Loan continues to read as follows:
Department of Veterans Affairs. Guaranty Service (26), Veterans Benefits Authority: 38 U.S.C. 501 and as otherwise
Administration, Department of Veterans noted.
For the reasons set out in the
Affairs, 810 Vermont Avenue NW.,
preamble, VA is correcting 38 CFR part § 36.4309 [Amended]
Washington, DC 20420, (202) 632–8862.
17 by making the following correcting
(This is not a toll-free number.) ■ 2. In § 36.4309, amend paragraph
amendments:
SUPPLEMENTARY INFORMATION: On June (c)(1)(vii) by removing ‘‘36.4826’’ and
PART 17—MEDICAL 15, 2010, at 75 FR 33704, VA amended adding in its place ‘‘36.4326’’.
what had been the 36.4800 series of 38
■ 1. The authority citation for part 17 CFR part 36 to eliminate redundant and § 36.4322 [Amended]
continues to read as follows: obsolete regulations, found from 38 CFR ■ 3. In § 36.4322, amend paragraphs
Authority: 38 U.S.C. 501, and as noted in 36.4800 through 36.4893, and (b)(2) and (3) by removing ‘‘38 CFR
specific sections. redesignated those sections as CFR 36.4848’’ and adding in its place ‘‘38
Section 17.38 is also issued under 38 36.4300 through 36.4393. CFR 36.4348’’.
U.S.C. 101, 501, 1701, 1705, 1710, 1710A, On October 22, 2010, at 75 FR 65238,
1721, 1722, 1782, and 1786. VA amended the cross-references in the § 36.4335 [Amended]
Sections 17.380 and 17.412 are also issued 36.4300 series to reflect the June 15, ■ 4. Amend § 36.4335 by removing
under sec. 260, Public Law 114–223, 130 2010, amendments. At that time, VA ‘‘§§ 36.4800 to 36.4880’’ and adding in
Stat. 857. inadvertently failed to update a number
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its place ‘‘§§ 36.4300 to 36.4380’’.
Section 17.415 is also issued under 38 of cross-references. Additionally, VA
U.S.C. 7301, 7304, 7402, and 7403. ■ 5. Revise the section heading for
Sections 17.640 and 17.647 are also issued
attempted to amend 38 CFR § 36.4378 to read as follows:
under sec. 4, Public Law 114–2, 129 Stat. 30. 36.4309(c)(1)(vii) to replace a reference
Sections 17.641 through 17.646 are also to 36.4826 with a reference to 36.4326. § 36.4378 Debits and credits to insurance
issued under 38 U.S.C. 501(a) and sec. 4, However, VA erroneously cited account under § 36.4320.
Public Law 114–2, 129 Stat. 30. paragraph (c)(1)(vi) as containing the * * * * *
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Document Created: 2018-02-01 15:04:33
Document Modified: 2018-02-01 15:04:33
| 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 | Interim final rule; correcting amendment. | |
| Dates | Effective: February 21, 2017. | |
| Contact | Patricia M. Hayes, Ph.D. Chief Consultant, Women's Health Services, Patient Care Services, Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420. (202) 461-0373. (This is not a toll-free number.) | |
| FR Citation | 82 FR 11152 | |
| RIN Number | 2900-AP94 | |
| CFR Associated | 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 and Veterans |
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