Civilian Health and Medical Program of the Uniformed Service (CHAMPUS); Prosthetic Devices

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DoD 6010.8-R]

RIN-0720-AA49

Civilian Health and Medical Program of the Uniformed Service

(CHAMPUS); Prosthetic Devices

AGENCY: Office of the Secretary, DoD.

ACTION: Interim final rule.

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SUMMARY: This interim final rule implements section 702 of the National

Defense Authorization Act for fiscal Year 1998 (Pub. L. 105-85), which

authorizes purchase of prosthetic devices, as determined by the

Secretary of Defense, to be necessary because of significant conditions

resulting from trauma, congenital anomalies, or disease. The act

changes the existing limited provisions for prosthetic devices, expands

coverage to include cost sharing of other prostheses, e.g.,

[[Page 45454]]

noses, ears and fingers. This is being issued as an interim final rule

in order to comply with the statutory mandate. Public comments,

however, are invited and will be considered in connection with possible

revisions to this rule.

DATES: This rule is effective May 20, 1999. Written comments will be

accepted until October 19, 1999.

ADDRESSES: Forward comments to the Office of TRICARE Management

Activity, 16401 East Centretech Parkway, Aurora, CO, 80011-9043.

FOR FURTHER INFORMATION CONTACT: Margaret Brown, Office of Medical

Benefits and Reimbursement Systems, telephone (303) 676-3581.

SUPPLEMENTARY INFORMATION: This interim final rule implements section

702 of the national Defense authorization Act for fiscal Year 1998

(Pub. L. 105-85) to provide purchase of prosthetic devices, as

determined by the Secretary of Defense, to be necessary because of

significant conditions resulting from trauma, congenital anomalies, or

disease. The current policy is restrictive as it limits purchase of

prosthetic devices to artificial limbs, eyes, and voice prostheses.

This interim final rule expands provisions for prosthetic devices to

include ears, noses and fingers.

Regulatory Procedure

Executive order 12866 requires certain regulatory assessments for

any significant regulatory action, defined as one which would result in

an annual effect on the economy of $100 million or more, or have other

substantial impacts. The Regulatory Flexibility Act (RFA) requires that

each Federal agency prepare, and make available for public comment, a

regulatory flexibility analysis when the agency issues a regulation

which would have a significant impact on a substantial number of small

entities. This Interim Final Rule is not a significant regulatory

action under E.O. 12886, nor would it have a significant impact on

small entities. The changes set forth in the interim final rule are

minor revisions to the existing regulation.

The interim final rule will not impose additional information

collection requirements on the public under the Paperwork Reduction Act

of 1995 (44 U.S.C. 3501-3511). This rule is being issued as an interim

final rule, with comment period, as an exception to our standard

practice of soliciting public comments prior to issuance. The Assistant

Secretary of Defense (Health Affairs) has determined that following the

standard practice in this case would be impracticable, unnecessary, and

contrary to the public interest. This determination is based on several

factors. First, this change directly implements a statutory amendment

enacted by Congress expressively for this purpose. (See House

Conference Report 105-340, p. 300). Second, this rule implements the

statutory policy without embellishment. All public comments are

invited.

List of Subjects in 32 CFR Part 199

Claims, Health insurance, Individuals with disabilities, Military

personnel.

PART 199--[AMENDED]

Accordingly, 32 CFR 199 is amended as follows:

1. The authority citation for Part 199 continues to read as

follows:

Authority: 5 U.S.C. 301; and 10 U.S.C. Chapter 55.

2. Section 199.4 is amended by revising paragraph (d)(3)(vii) and

(g)(48) and removing paragraph (d)(3)(vii) NOTE.

Sec. 199.4 Basic program benefits

* * * * * * *

(d) * * *

(3) * * *

(vii) Prosthetic devices. The purchase of prosthetic devices is

limited to those determined by the Director, OCHAMPUS to be necessary

because of significant conditions resulting from trauma, congenital

anomalies, or disease.

* * * * *

(g) * * *

(48) Prosthetic devices. Prostheses other than those determined by

the Director, OCHAMPUS to be necessary because of significant

conditions resulting from trauma, congenital anomalies, or disease. All

dental prostheses are excluded, except for those specifically required

in connection with otherwise covered orthodontia directly related to

the surgical correction of a cleft palate anomaly.

* * * * *

Dated: August 12, 1999.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 99-21348 Filed 8-19-99; 8:45 am]

BILLING CODE 5001-10-M