83_FR_31582 83 FR 31452 - Third Party Billing for Medical Care Provided Under Special Treatment Authorities

83 FR 31452 - Third Party Billing for Medical Care Provided Under Special Treatment Authorities

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 83, Issue 130 (July 6, 2018)

Page Range31452-31454
FR Document2018-14573

The Department of Veterans Affairs (VA) is amending its medical regulations to clarify that VA will not bill third party payers for care and services provided by VA under certain statutory provisions, which we refer to as ``special treatment authorities.'' These special treatment authorities direct VA to provide care and services to veterans based upon discrete exposures or experiences that occurred during active military, naval, or air service. VA is authorized, but not required by law, to recover or collect charges for care and services provided to veterans for non-service-connected disabilities. This rule establishes that VA will not exercise its authority to recover or collect reasonable charges from third party payers for care and services provided under the special treatment authorities.

Federal Register, Volume 83 Issue 130 (Friday, July 6, 2018)
[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Rules and Regulations]
[Pages 31452-31454]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14573]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AP20


Third Party Billing for Medical Care Provided Under Special 
Treatment Authorities

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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

SUMMARY: The Department of Veterans Affairs (VA) is amending its 
medical regulations to clarify that VA will not bill third party payers 
for care and services provided by VA under certain statutory 
provisions, which we refer to as ``special treatment authorities.'' 
These special treatment authorities direct VA to provide care and 
services to veterans based upon discrete exposures or experiences that 
occurred during active military, naval, or air service. VA is 
authorized, but not required by law, to recover or collect charges for 
care and services provided to veterans for non-service-connected 
disabilities. This rule establishes that VA will not exercise its 
authority to recover or collect reasonable charges from third party 
payers for care and services provided under the special treatment 
authorities.

DATES: This final rule is effective August 6, 2018.

FOR FURTHER INFORMATION CONTACT: Joseph Duran, Director, Policy and 
Planning, VHA Office of Community Care (10D1A1), Veterans Health 
Administration, Department of Veterans Affairs, 810 Vermont Avenue NW, 
Washington, DC 20420, (303-370-1637). (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on November 22, 2017, VA proposed to amend its regulation 
concerning billing third party payers for

[[Page 31453]]

health care received under its special treatment authorities. 82 FR 
55547.
    VA is authorized by law under 38 U.S.C. 1729 to recover or collect 
reasonable charges from third parties under certain situations for care 
and services provided for non-service-connected disabilities. VA does 
not have authority to recover or collect charges from third parties for 
care or services provided for service-connected disabilities.
    Under the statutes referred to as the special treatment 
authorities, VA provides care and services to veterans for conditions 
and disabilities that are related to certain exposures or experiences 
during active military, naval, or air service, regardless of whether 
such condition or disability is formally adjudicated by the Veterans 
Benefits Administration (VBA) to be service-connected. These 
authorities are codified at 38 U.S.C. 1710(a)(2)(F) and (e), 1720D, and 
1720E. These statutory provisions do not expressly refer to the 
conditions or disabilities resulting from such exposures or experiences 
as service-connected. Therefore, if veterans meet the eligibility 
criteria of these discrete categories in law, they receive the health 
care benefits enumerated in the special treatment authorities. A brief 
description of each of the special treatment authorities follows.
    Subject to the availability of appropriations, the limitations 
found in 38 U.S.C. 1710(e)(2) and (3), and the definitions in 
1710(e)(4), under section 1710(a)(2)(F), VA provides hospital care and 
medical services, and may furnish nursing home care, to veterans who 
were exposed to specified hazards or served under certain circumstances 
as identified in 38 U.S.C. 1710(e). The exposures include herbicide 
exposure, ionizing radiation, and certain chemical and biological 
weapons testing, and circumstances of service include service in the 
Southwest Asia theater during the Persian Gulf War and at Camp Lejeune 
during specified time periods. A more comprehensive list of the 
specific exposures and disabilities is located at 38 U.S.C. 1710(e).
    Under 38 U.S.C. 1720D, VA may provide counseling and appropriate 
care and services to help veterans overcome psychological trauma, which 
in the judgment of a mental health professional employed by VA, 
resulted from a physical assault of a sexual nature, battery of a 
sexual nature, or sexual harassment that occurred while the veteran was 
serving on active duty, active duty for training, or inactive duty 
training.
    Under 38 U.S.C. 1720E, VA is authorized to provide any veteran 
whose service records include documentation of nasopharyngeal radium 
irradiation treatments a medical examination, hospital care, medical 
services, and nursing home care that is needed for the treatment of any 
cancer of the head or neck that the Secretary finds may be associated 
with the veteran's receipt of those treatments in active military, 
naval, or air service. Additionally, notwithstanding the absence of 
such documentation, VA may provide such care to a veteran who served as 
an aviator in the active military, naval, or air service before the end 
of the Korean conflict or a veteran who underwent submarine training in 
active naval service before January 1, 1965.
    The special treatment authorities do not require an adjudication of 
service-connection to establish eligibility for care. These veterans 
are eligible under those authorities for treatment of specific 
conditions, which although not adjudicated as service-connected, are 
treated as the practical equivalent for medical care purposes. 
Therefore, in the proposed rule, we proposed adding a new paragraph 
(a)(9) in Sec.  17.101 to exclude from recovery or collections any 
reasonable charges from third parties for care and services provided 
under the special treatment authorities. VA provided a 60-day comment 
period, which ended on January 22, 2018. We received 2 comments on the 
proposed rule.
    One commenter explained that he was born at Camp Lejeune and that 
he and his family members have illnesses that he believes are related 
to exposures while on the base. He questioned why he was denied 
eligibility for the Camp Lejeune family member program and stated that 
more people should be eligible for the program. While we are 
sympathetic to the commenter, this rulemaking only codifies VA's 
practice of not exercising its discretionary authority in section 1729 
to recover or collect from a third party the cost of care and services 
provided under a special treatment authority, by creating an exception 
to 38 CFR 17.101. This comment is, therefore, beyond the scope of the 
rulemaking and we make no changes based on this comment.
    The other commenter raised concerns about the commenter's claim for 
unspecified benefits and a subsequent court decision that are not 
related to this regulation. The comment is beyond the scope of this 
rulemaking and we make no changes based on this comment.
    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 no changes.

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

    Although this action contains provisions constituting collections 
of information at 38 CFR 17.101, under the Paperwork Reduction Act of 
1995, 44 U.S.C. 3501-3521), no new or proposed collections of 
information are associated with this final rule.
    The information collection requirements for Sec.  17.101 are 
currently approved by the Office of Management and Budget (OMB) and 
have been assigned OMB control number 2900-0606.

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. We are not imposing any new requirements that would have such an 
effect. Our standards almost entirely conform to the existing statutory 
requirements and existing practices in the program. Therefore, pursuant 
to 5 U.S.C. 605(b), this rule is exempt from the initial and final 
regulatory flexibility analysis requirements of sections 603 and 604.

Executive Orders 12866, 13563, and 13771

    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

[[Page 31454]]

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 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 website at 
http://www.va.gov/orpm, by following the link for ``VA Regulations 
Published From FY 2004 Through Fiscal Year To Date.'' This rule is not 
an E.O. 13771 regulatory action because this rule is not significant 
under E.O. 12866

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 an 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 would have no such effect 
on State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are 64.011--Veterans Dental 
Care; 64.012--Veterans Prescription Service; 64.013--Veterans 
Prosthetic Appliances; 64.014--Veterans State Domiciliary Care; 
64.015--Veterans State Nursing Home Care; 64.026--Veterans State Adult 
Day Health Care; 64.029--Purchase Care Program; 64.033--VA Supportive 
Services for Veteran Families Program; 64.034--VA Grants for Adaptive 
Sports Programs for Disabled Veterans and Disabled Members of the Armed 
Forces; 64.035--Veterans Transportation Program; 64.039--CHAMPVA; 
64.040--VHA Inpatient Medicine; 64.041--VHA Outpatient Specialty Care; 
64.042--VHA Inpatient Surgery; 64.043--VHA Mental Health Residential; 
64.044--VHA Home Care; 64.045--VHA Outpatient Ancillary Services; 
64.046--VHA Inpatient Psychiatry; 64.047--VHA Primary Care; 64.048--VHA 
Mental Health clinics; 64.049--VHA Community Living Center; 64.050--VHA 
Diagnostic Care.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Claims, Day care, Dental health, Drug abuse, Foreign relations, 
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 home care, Philippines, 
Reporting and recordkeeping requirements, Scholarships and fellows, 
Travel, Transportation expenses, Veterans.

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. Jacquelyn 
Hayes-Byrd, Acting Chief of Staff, Department of Veterans Affairs, 
approved this document on June 28, 2018, for publication.

    Dated: July 2, 2018.
Consuela Benjamin,
Regulation Development Coordinator, Office of Regulation Policy & 
Management, Office of the Secretary, Department of Veterans Affairs.

    For the reasons set forth in the preamble, VA amends 38 CFR part 17 
as follows:

PART 17--MEDICAL

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

    Authority:  38 U.S.C. 501, and as noted in specific sections.
* * * * *
0
2. Amend Sec.  17.101 by:
0
a. Adding paragraph (a)(9).
0
b. Revising the authority citation at the end of the section.
    The addition and revision read as follows:


Sec.  17.101   Collection or recovery by VA for medical care or 
services provided or furnished to a veteran for a nonservice-connected 
disability.

    (a) * * *
    (9) Care provided under special treatment authorities. (i) 
Notwithstanding any other provisions in this section, VA will not seek 
recovery or collection of reasonable charges from a third party payer 
for:
    (A) Hospital care, medical services, and nursing home care provided 
by VA or at VA expense under 38 U.S.C. 1710(a)(2)(F) and (e).
    (B) Counseling and appropriate care and services furnished to 
veterans for psychological trauma authorized under 38 U.S.C. 1720D.
    (C) Medical examination, and hospital care, medical services, and 
nursing home care furnished to veteran for cancer of the head or neck 
as authorized under 38 U.S.C. 1720E.
    (ii) VA may continue to exercise its right to recover or collect 
reasonable charges from third parties, pursuant to this section, for 
the cost of care that VA provides to these same veterans for conditions 
and disabilities that VA determines are not covered by any of the 
special treatment authorities.
* * * * *

(Authority: 38 U.S.C. 101, 501, 1701, 1705, 1710, 1720D, 1720E, 
1721, 1722, 1729)


[FR Doc. 2018-14573 Filed 7-5-18; 8:45 am]
 BILLING CODE 8320-01-P



                                              31452                 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations

                                                 Removal of this part does not reduce                  Intracoastal Waterway, mile 128.2,                    impact caused by the temporary
                                              burden or cost on the public in any way,                 Indian Rocks Beach, FL. The deviation                 deviation.
                                              nor does it add any costs. This burden                   is necessary to accommodate repairs to                   In accordance with 33 CFR 117.35(e),
                                              ended in 2003. Kaho‘olawe Island was                     the Bridge. This deviation allows the                 the drawbridge must return to its regular
                                              used by the armed forces of the United                   bridge to open, at requested times, a                 operating schedule immediately at the
                                              States as a training area, including                     single leaf, and with a 6 hour notice for             end of the effective period of this
                                              bombing and gunnery training ranges,                     double leaf openings.                                 temporary deviation. This deviation
                                              under authority granted by Executive                     DATES: This deviation is effective                    from the operating regulations is
                                              Order No. 10436 of February 20, 1953.                    without actual notice from July 6, 2018               authorized under 33 CFR 117.35.
                                              The Commanding Officer, Naval Base                       through 6 p.m. on July 31, 2018. For the                Dated: June 25, 2018.
                                              Pearl Harbor controlled entry to the                     purposes of enforcement, actual notice                Barry L. Dragon,
                                              area. Title X of the Fiscal Year 1994                    will be used from 6 a.m. May 29, 2018,
                                                                                                                                                             Director, Bridge Branch, Seventh Coast Guard
                                              Department of Defense Appropriations                     until July 6, 2018.                                   District.
                                              Act directed the Navy to convey                          ADDRESSES: The docket for this                        [FR Doc. 2018–14521 Filed 7–5–18; 8:45 am]
                                              Kaho‘olawe and its surrounding waters                    deviation, USCG–2018–0505 is available
                                                                                                                                                             BILLING CODE 9110–04–P
                                              to the state of Hawaii. As directed by                   at http://www.regulations.gov. Type the
                                              Title X, and in accordance with a                        docket number in the ‘‘SEARCH’’ box
                                              required memorandum of                                   and click ‘‘SEARCH’’. Click on Open
                                              understanding between the U.S. Navy                      Docket Folder on the line associated                  DEPARTMENT OF VETERANS
                                              and the State of Hawaii, the Navy                        with this deviation.                                  AFFAIRS
                                              transferred the title of the island of                   FOR FURTHER INFORMATION CONTACT: If
                                              Kaho‘olawe to the state of Hawaii on                                                                           38 CFR Part 17
                                                                                                       you have questions on this temporary
                                              May 9, 1994. On November 11, 2003,                       deviation, call or email MST1 Deborah                 RIN 2900–AP20
                                              upon the completion of UXO clearance                     A. Schneller, Coast Guard Sector Saint
                                              and environmental restoration, control                   Petersburg Waterways Management;                      Third Party Billing for Medical Care
                                              of access to Kaho‘olawe was passed                       telephone (813) 228–2194 x8133, email                 Provided Under Special Treatment
                                              from the United States to the State of                   Deborah.A.Schneller@uscg.mil.                         Authorities
                                              Hawaii. Since that time, Navy has not                    SUPPLEMENTARY INFORMATION: Florida
                                              exercised access control to Kaho‘olawe                                                                         AGENCY:    Department of Veterans Affairs.
                                                                                                       Department of Transportation (FDOT),
                                              Island or its adjacent waters.                                                                                 ACTION:   Final rule.
                                                                                                       bridge owner, via Quinn Construction
                                              List of Subjects in 32 CFR Part 763                      Inc, has requested a temporary deviation              SUMMARY:    The Department of Veterans
                                                Federal buildings and facilities,                      from the operation that governs the                   Affairs (VA) is amending its medical
                                              Military law, National defense                           Indian Rocks Bridge across the Gulf                   regulations to clarify that VA will not
                                              measures.                                                Intracoastal Waterway, mile 128.2. This               bill third party payers for care and
                                                                                                       deviation is necessary to facilitate                  services provided by VA under certain
                                              PART 763—[REMOVED]                                       mechanical and electrical repairs,                    statutory provisions, which we refer to
                                                                                                       painting, roadway and sidewalk grating                as ‘‘special treatment authorities.’’
                                              ■ Accordingly, by the authority of 5                     replacement which includes concrete                   These special treatment authorities
                                              U.S.C. 301, 32 CFR part 763 is removed.                  removal, and spall repair. The bridge is              direct VA to provide care and services
                                                Dated: June 28, 2018.                                  a double-leaf bascule bridge and has a                to veterans based upon discrete
                                              E.K. Baldini,                                            vertical clearance in the closed to                   exposures or experiences that occurred
                                              Lieutenant Commander, Judge Advocate
                                                                                                       navigation position of 21 feet at mean                during active military, naval, or air
                                              General’s Corps, U.S. Navy, Federal Register             high water.                                           service. VA is authorized, but not
                                              Liaison Officer.                                            The current operating schedule is set              required by law, to recover or collect
                                              [FR Doc. 2018–14508 Filed 7–5–18; 8:45 am]
                                                                                                       out in 33 CFR 117.5. Under this                       charges for care and services provided
                                                                                                       temporary deviation, the bridge will                  to veterans for non-service-connected
                                              BILLING CODE 3810–FF–P
                                                                                                       operate on demand but single leaf only                disabilities. This rule establishes that
                                                                                                       and with a 6 hour notice for double leaf              VA will not exercise its authority to
                                                                                                       openings. This section of the Gulf                    recover or collect reasonable charges
                                              DEPARTMENT OF HOMELAND                                   Intracoastal Waterway is predominantly
                                              SECURITY                                                                                                       from third party payers for care and
                                                                                                       used by a variety of vessels including                services provided under the special
                                              Coast Guard                                              U.S. government vessels, small                        treatment authorities.
                                                                                                       commercial vessels and recreational
                                                                                                                                                             DATES: This final rule is effective August
                                              33 CFR Part 117                                          vessels. The Coast Guard has carefully
                                                                                                                                                             6, 2018.
                                                                                                       considered the restrictions with
                                              [Docket No. USCG–2018–0505]                              waterway users in publishing this                     FOR FURTHER INFORMATION CONTACT:
                                                                                                       temporary deviation.                                  Joseph Duran, Director, Policy and
                                              Drawbridge Operation Regulation; Gulf                       Vessels able to pass through the                   Planning, VHA Office of Community
                                              Intracoastal Waterway, Indian Rocks                      bridge in the closed position may do so               Care (10D1A1), Veterans Health
                                              Beach, FL                                                at anytime. The bridge will be able to                Administration, Department of Veterans
                                              AGENCY: Coast Guard, DHS.                                open for emergencies and there is no                  Affairs, 810 Vermont Avenue NW,
sradovich on DSK3GMQ082PROD with RULES




                                                                                                       immediate alternate route for vessels to              Washington, DC 20420, (303–370–1637).
                                              ACTION:Notice of deviation from                                                                                (This is not a toll-free number.)
                                              drawbridge regulation.                                   pass. The Coast Guard will also inform
                                                                                                       the users of the waterways through our                SUPPLEMENTARY INFORMATION: In a
                                              SUMMARY:  The Coast Guard has issued a                   Local and Broadcast Notices to Mariners               document published in the Federal
                                              temporary deviation from the operating                   of the change in operating schedule for               Register on November 22, 2017, VA
                                              schedule that governs the Indian Rocks                   the bridge so that vessel operators can               proposed to amend its regulation
                                              (SR688) Bridge across the Gulf                           arrange their transits to minimize any                concerning billing third party payers for


                                         VerDate Sep<11>2014   16:23 Jul 05, 2018   Jkt 244001   PO 00000   Frm 00012   Fmt 4700   Sfmt 4700   E:\FR\FM\06JYR1.SGM   06JYR1


                                                                    Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations                                          31453

                                              health care received under its special                   whose service records include                         is adopting the proposed rule as a final
                                              treatment authorities. 82 FR 55547.                      documentation of nasopharyngeal                       rule with no changes.
                                                 VA is authorized by law under 38                      radium irradiation treatments a medical
                                              U.S.C. 1729 to recover or collect                                                                              Effect of Rulemaking
                                                                                                       examination, hospital care, medical
                                              reasonable charges from third parties                    services, and nursing home care that is                 Title 38 of the Code of Federal
                                              under certain situations for care and                    needed for the treatment of any cancer                Regulations, as revised by this final
                                              services provided for non-service-                       of the head or neck that the Secretary                rulemaking, represents VA’s
                                              connected disabilities. VA does not                      finds may be associated with the                      implementation of its legal authority on
                                              have authority to recover or collect                     veteran’s receipt of those treatments in              this subject. Other than future
                                              charges from third parties for care or                   active military, naval, or air service.               amendments to this regulation or
                                              services provided for service-connected                  Additionally, notwithstanding the                     governing statutes, no contrary guidance
                                              disabilities.                                            absence of such documentation, VA                     or procedures are authorized. All
                                                 Under the statutes referred to as the                 may provide such care to a veteran who                existing or subsequent VA guidance
                                              special treatment authorities, VA                        served as an aviator in the active                    must be read to conform with this
                                              provides care and services to veterans                   military, naval, or air service before the            rulemaking if possible or, if not
                                              for conditions and disabilities that are                 end of the Korean conflict or a veteran               possible, such guidance is superseded
                                              related to certain exposures or                          who underwent submarine training in                   by this rulemaking.
                                              experiences during active military,                      active naval service before January 1,
                                              naval, or air service, regardless of                                                                           Paperwork Reduction Act
                                                                                                       1965.
                                              whether such condition or disability is                     The special treatment authorities do                 Although this action contains
                                              formally adjudicated by the Veterans                     not require an adjudication of service-               provisions constituting collections of
                                              Benefits Administration (VBA) to be                      connection to establish eligibility for               information at 38 CFR 17.101, under the
                                              service-connected. These authorities are                 care. These veterans are eligible under               Paperwork Reduction Act of 1995, 44
                                              codified at 38 U.S.C. 1710(a)(2)(F) and                  those authorities for treatment of                    U.S.C. 3501–3521), no new or proposed
                                              (e), 1720D, and 1720E. These statutory                   specific conditions, which although not               collections of information are associated
                                              provisions do not expressly refer to the                 adjudicated as service-connected, are                 with this final rule.
                                              conditions or disabilities resulting from                                                                        The information collection
                                                                                                       treated as the practical equivalent for
                                              such exposures or experiences as                                                                               requirements for § 17.101 are currently
                                                                                                       medical care purposes. Therefore, in the
                                              service-connected. Therefore, if veterans                                                                      approved by the Office of Management
                                                                                                       proposed rule, we proposed adding a
                                              meet the eligibility criteria of these                                                                         and Budget (OMB) and have been
                                                                                                       new paragraph (a)(9) in § 17.101 to
                                              discrete categories in law, they receive                                                                       assigned OMB control number 2900–
                                                                                                       exclude from recovery or collections
                                              the health care benefits enumerated in                                                                         0606.
                                                                                                       any reasonable charges from third
                                              the special treatment authorities. A brief
                                                                                                       parties for care and services provided                Regulatory Flexibility Act
                                              description of each of the special
                                                                                                       under the special treatment authorities.                 The Secretary hereby certifies that
                                              treatment authorities follows.
                                                 Subject to the availability of                        VA provided a 60-day comment period,                  this final rule will not have a significant
                                              appropriations, the limitations found in                 which ended on January 22, 2018. We                   economic impact on a substantial
                                              38 U.S.C. 1710(e)(2) and (3), and the                    received 2 comments on the proposed                   number of small entities as they are
                                              definitions in 1710(e)(4), under section                 rule.                                                 defined in the Regulatory Flexibility
                                              1710(a)(2)(F), VA provides hospital care                    One commenter explained that he was                Act, 5 U.S.C. 601–612. We are not
                                              and medical services, and may furnish                    born at Camp Lejeune and that he and                  imposing any new requirements that
                                              nursing home care, to veterans who                       his family members have illnesses that                would have such an effect. Our
                                              were exposed to specified hazards or                     he believes are related to exposures                  standards almost entirely conform to the
                                              served under certain circumstances as                    while on the base. He questioned why                  existing statutory requirements and
                                              identified in 38 U.S.C. 1710(e). The                     he was denied eligibility for the Camp                existing practices in the program.
                                              exposures include herbicide exposure,                    Lejeune family member program and                     Therefore, pursuant to 5 U.S.C. 605(b),
                                              ionizing radiation, and certain chemical                 stated that more people should be                     this rule is exempt from the initial and
                                              and biological weapons testing, and                      eligible for the program. While we are                final regulatory flexibility analysis
                                              circumstances of service include service                 sympathetic to the commenter, this                    requirements of sections 603 and 604.
                                              in the Southwest Asia theater during the                 rulemaking only codifies VA’s practice
                                                                                                       of not exercising its discretionary                   Executive Orders 12866, 13563, and
                                              Persian Gulf War and at Camp Lejeune
                                                                                                       authority in section 1729 to recover or               13771
                                              during specified time periods. A more
                                              comprehensive list of the specific                       collect from a third party the cost of care              Executive Orders 12866 and 13563
                                              exposures and disabilities is located at                 and services provided under a special                 direct agencies to assess the costs and
                                              38 U.S.C. 1710(e).                                       treatment authority, by creating an                   benefits of available regulatory
                                                 Under 38 U.S.C. 1720D, VA may                         exception to 38 CFR 17.101. This                      alternatives and, when regulation is
                                              provide counseling and appropriate care                  comment is, therefore, beyond the scope               necessary, to select regulatory
                                              and services to help veterans overcome                   of the rulemaking and we make no                      approaches that maximize net benefits
                                              psychological trauma, which in the                       changes based on this comment.                        (including potential economic,
                                              judgment of a mental health                                 The other commenter raised concerns                environmental, public health and safety
                                              professional employed by VA, resulted                    about the commenter’s claim for                       effects, and other advantages;
                                              from a physical assault of a sexual                      unspecified benefits and a subsequent                 distributive impacts; and equity).
sradovich on DSK3GMQ082PROD with RULES




                                              nature, battery of a sexual nature, or                   court decision that are not related to this           Executive Order 13563 (Improving
                                              sexual harassment that occurred while                    regulation. The comment is beyond the                 Regulation and Regulatory Review)
                                              the veteran was serving on active duty,                  scope of this rulemaking and we make                  emphasizes the importance of
                                              active duty for training, or inactive duty               no changes based on this comment.                     quantifying both costs and benefits,
                                              training.                                                   Based on the rationale set forth in the            reducing costs, harmonizing rules, and
                                                 Under 38 U.S.C. 1720E, VA is                          SUPPLEMENTARY INFORMATION to the                      promoting flexibility. Executive Order
                                              authorized to provide any veteran                        proposed rule and in this final rule, VA              12866 (Regulatory Planning and


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                                              31454                 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Rules and Regulations

                                              Review) defines a ‘‘significant                          Supportive Services for Veteran                         The addition and revision read as
                                              regulatory action,’’ requiring review by                 Families Program; 64.034—VA Grants                    follows:
                                              OMB, unless OMB waives such review,                      for Adaptive Sports Programs for
                                              as any regulatory action that is likely to               Disabled Veterans and Disabled                        § 17.101 Collection or recovery by VA for
                                                                                                                                                             medical care or services provided or
                                              result in a rule that may: (1) Have an                   Members of the Armed Forces; 64.035—                  furnished to a veteran for a nonservice-
                                              annual effect on the economy of $100                     Veterans Transportation Program;                      connected disability.
                                              million or more or adversely affect in a                 64.039—CHAMPVA; 64.040—VHA
                                                                                                                                                                (a) * * *
                                              material way the economy, a sector of                    Inpatient Medicine; 64.041—VHA                           (9) Care provided under special
                                              the economy, productivity, competition,                  Outpatient Specialty Care; 64.042—                    treatment authorities. (i)
                                              jobs, the environment, public health or                  VHA Inpatient Surgery; 64.043—VHA
                                                                                                                                                             Notwithstanding any other provisions in
                                              safety, or State, local, or tribal                       Mental Health Residential; 64.044—
                                                                                                                                                             this section, VA will not seek recovery
                                              governments or communities; (2) Create                   VHA Home Care; 64.045—VHA
                                                                                                                                                             or collection of reasonable charges from
                                              a serious inconsistency or otherwise                     Outpatient Ancillary Services; 64.046—
                                                                                                                                                             a third party payer for:
                                              interfere with an action taken or                        VHA Inpatient Psychiatry; 64.047—                        (A) Hospital care, medical services,
                                              planned by another agency; (3)                           VHA Primary Care; 64.048—VHA                          and nursing home care provided by VA
                                              Materially alter the budgetary impact of                 Mental Health clinics; 64.049—VHA
                                                                                                                                                             or at VA expense under 38 U.S.C.
                                              entitlements, grants, user fees, or loan                 Community Living Center; 64.050—
                                                                                                                                                             1710(a)(2)(F) and (e).
                                              programs or the rights and obligations of                VHA Diagnostic Care.                                     (B) Counseling and appropriate care
                                              recipients thereof; or (4) Raise novel                                                                         and services furnished to veterans for
                                                                                                       List of Subjects in 38 CFR Part 17
                                              legal or policy issues arising out of legal                                                                    psychological trauma authorized under
                                              mandates, the President’s priorities, or                   Administrative practice and
                                                                                                       procedure, Alcohol abuse, Alcoholism,                 38 U.S.C. 1720D.
                                              the principles set forth in this Executive                                                                        (C) Medical examination, and hospital
                                              Order.                                                   Claims, Day care, Dental health, Drug
                                                                                                       abuse, Foreign relations, Government                  care, medical services, and nursing
                                                 The economic, interagency,
                                                                                                       contracts, Grant programs-health, Grant               home care furnished to veteran for
                                              budgetary, legal, and policy
                                                                                                       programs-veterans, Health care, Health                cancer of the head or neck as authorized
                                              implications of this final rule have been
                                                                                                       facilities, Health professions, Health                under 38 U.S.C. 1720E.
                                              examined, and it has been determined                                                                              (ii) VA may continue to exercise its
                                              not to be a significant regulatory action                records, Homeless, Medical and dental
                                                                                                       schools, Medical devices, Medical                     right to recover or collect reasonable
                                              under Executive Order 12866. VA’s
                                                                                                       research, Mental health programs,                     charges from third parties, pursuant to
                                              impact analysis can be found as a
                                                                                                       Nursing home care, Philippines,                       this section, for the cost of care that VA
                                              supporting document at http://
                                                                                                       Reporting and recordkeeping                           provides to these same veterans for
                                              www.regulations.gov, usually within 48
                                                                                                       requirements, Scholarships and fellows,               conditions and disabilities that VA
                                              hours after the rulemaking document is
                                                                                                       Travel, Transportation expenses,                      determines are not covered by any of the
                                              published. Additionally, a copy of the
                                                                                                       Veterans.                                             special treatment authorities.
                                              rulemaking and its impact analysis are
                                              available on VA’s website at http://                                                                           *       *   *      *    *
                                                                                                       Signing Authority
                                              www.va.gov/orpm, by following the link                                                                         (Authority: 38 U.S.C. 101, 501, 1701, 1705,
                                              for ‘‘VA Regulations Published From FY                     The Secretary of Veterans Affairs, or               1710, 1720D, 1720E, 1721, 1722, 1729)
                                              2004 Through Fiscal Year To Date.’’                      designee, approved this document and                  [FR Doc. 2018–14573 Filed 7–5–18; 8:45 am]
                                              This rule is not an E.O. 13771 regulatory                authorized the undersigned to sign and
                                                                                                                                                             BILLING CODE 8320–01–P
                                              action because this rule is not                          submit the document to the Office of the
                                              significant under E.O. 12866                             Federal Register for publication
                                                                                                       electronically as an official document of
                                              Unfunded Mandates                                        the Department of Veterans Affairs.                   ENVIRONMENTAL PROTECTION
                                                                                                       Jacquelyn Hayes-Byrd, Acting Chief of                 AGENCY
                                                 The Unfunded Mandates Reform Act
                                              of 1995 requires, at 2 U.S.C. 1532, that                 Staff, Department of Veterans Affairs,
                                                                                                                                                             40 CFR Part 52
                                              agencies prepare an assessment of                        approved this document on June 28,
                                              anticipated costs and benefits before                    2018, for publication.                                [EPA–R04–OAR–2017–0642; FRL–9980–
                                              issuing any rule that may result in an                                                                         50—Region 4]
                                                                                                          Dated: July 2, 2018.
                                              expenditure by State, local, and tribal                  Consuela Benjamin,                                    Air Plan Approval; AL; Section 128
                                              governments, in the aggregate, or by the                 Regulation Development Coordinator, Office            Board Requirements for Infrastructure
                                              private sector, of $100 million or more                  of Regulation Policy & Management, Office             SIPs
                                              (adjusted annually for inflation) in any                 of the Secretary, Department of Veterans
                                              one year. This final rule would have no                  Affairs.                                              AGENCY:  Environmental Protection
                                              such effect on State, local, and tribal                    For the reasons set forth in the                    Agency (EPA).
                                              governments, or on the private sector.                   preamble, VA amends 38 CFR part 17 as                 ACTION: Final rule.
                                              Catalog of Federal Domestic Assistance                   follows:
                                                                                                                                                             SUMMARY:   The Environmental Protection
                                                The Catalog of Federal Domestic                        PART 17—MEDICAL                                       Agency (EPA) is taking final action to
                                              Assistance numbers and titles for the                                                                          approve a State Implementation Plan
                                              programs affected by this document are                   ■ 1. The authority citation for part 17               (SIP) submission, submitted by the State
                                              64.011—Veterans Dental Care; 64.012—                     continues to read in part as follows:                 of Alabama, through the Alabama
sradovich on DSK3GMQ082PROD with RULES




                                              Veterans Prescription Service; 64.013—                     Authority: 38 U.S.C. 501, and as noted in           Department of Environmental
                                              Veterans Prosthetic Appliances;                          specific sections.                                    Management (ADEM), on October 24,
                                              64.014—Veterans State Domiciliary                        *     *     *    *     *                              2017, and a portion of a December 9,
                                              Care; 64.015—Veterans State Nursing                      ■ 2. Amend § 17.101 by:                               2015, infrastructure SIP submission.
                                              Home Care; 64.026—Veterans State                         ■ a. Adding paragraph (a)(9).                         The October 24, 2017 submission
                                              Adult Day Health Care; 64.029—                           ■ b. Revising the authority citation at               addresses the general Clean Air Act
                                              Purchase Care Program; 64.033—VA                         the end of the section.                               (CAA or Act) conflict of interest


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Document Created: 2018-07-06 00:46:23
Document Modified: 2018-07-06 00:46:23
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
ActionFinal rule.
DatesThis final rule is effective August 6, 2018.
ContactJoseph Duran, Director, Policy and Planning, VHA Office of Community Care (10D1A1), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (303-370-1637). (This is not a toll-free number.)
FR Citation83 FR 31452 
RIN Number2900-AP20
CFR AssociatedAdministrative Practice and Procedure; Alcohol Abuse; Alcoholism; Claims; Day Care; Dental Health; Drug Abuse; Foreign Relations; 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 Home Care; Philippines; Reporting and Recordkeeping Requirements; Scholarships and Fellows; Travel; Transportation Expenses and Veterans

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