Sickness Benefits

RAILROAD RETIREMENT BOARD

20 CFR Part 335

RIN 3220-AB11

Sickness Benefits

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

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SUMMARY: The Railroad Retirement Board (Board) hereby amends its

regulations under the Railroad Unemployment Insurance Act (RUIA) to

permit a ``physician assistant-certified'' and an ``accredited

Christian Science practitioner'' to execute a statement of sickness in

support of payments of sickness benefits under the RUIA. The rule would

also eliminate certain obsolete language.

EFFECTIVE DATE: August 7, 1995.

ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 Rush

Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT: Thomas W. Sadler, Assistant General

Counsel, Railroad Retirement Board, 844 Rush Street, Chicago, Illinois

60611, (312) 751-4513, TDD (312) 751-4701, TDD (FTS (312) 386-4701).

SUPPLEMENTARY INFORMATION: Section 335.2(a)(2) provides that in order

to be entitled to sickness benefits under the RUIA, a claimant must

provide a ``statement of sickness''. Section 335.3(a) of the Board's

regulations lists the individuals from whom the Board will accept a

statement of sickness. That list does not currently include physicians

assistants. In many parts of the country, physicians assistants are

more accessible (and their services less expensive) than licensed

medical doctors (MD's). Under previous regulations, the Board will not

accept a statement of sickness or supplemental statement of sickness

from a physician assistant unless there is some follow-up verification

that the physician assistant completed the statement under the

supervision of a medical doctor. This is administratively costly and in

many cases unnecessarily delays payment of sickness benefits. Thus, the

Board adds ``physician assistant-certified'' to the list of individuals

from who it will accept a statement of sickness. In addition, under

present practice the Board recognizes an accredited Christian Science

practitioner as qualified to execute a statement of sickness. Thus, the

regulation also adds this category to its list of qualified

individuals.

The Board also amends Sec. 335.4(d)(5) of its regulations by

deleting the first sentence of paragraph (d)(5), which relates to the

filing of a statement of sickness by a female employee whose claim for

sickness benefits is based upon pregnancy, miscarriage, or childbirth.

The special form required by paragraph (d)(5) is no longer used, since,

for purposes of filing for sickness benefits, a distinction is no

longer made between pregnancy, miscarriage or childbirth, and other

illnesses.

On March 16, 1995, the Board published this rule as a proposed rule

(60 FR 14241) inviting comments on or before April 17, 1995. No

comments were received. The only change that has been made to the

proposed rule is the addition of ``accredited Christian Science

practitioner'', discussed above, which merely conforms the regulation

to current practice. The Board has determined that this is not a major

rule for purposes of Executive Order 12866. Therefore, no regulatory

analysis is required. The information collections contemplated by this

part have been approved by the Office of Management and Budget under

control number 3220-0039.

List of Subjects in 20 CFR Part 335

Railroad employees, Railroad sickness benefits.

For the reasons set out in the preamble, title 20, chapter II of

the Code of Federal Regulations is amended as follows:

PART 335--SICKNESS BENEFITS

1. The authority citation for part 335 continues to read as

follows:

Authority: 45 U.S.C. 362(i) and 362(l).

2. Section 335.3(a) is amended by removing ``or'' at the end of

paragraph (a)(6), by replacing the period at the end of paragraph

(a)(7) with ``;'', and by adding new paragraphs (a)(8) and (a)(9) to

read as follows:

Sec. 335.3 Execution of statement of sickness and supplemental

doctor's statement.

(a) Who may execute. * * *

(8) A physician assistant-certified (PAC); or

(9) An accredited Christian Science Practitioner.

* * * * *

Sec. 335.4 [Amended]

3. Section 335.4(d)(5) is amended by removing the first sentence.

Dated: July 31, 1995.

By authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 95-19392 Filed 8-4-95; 8:45 am]

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