[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Rules and Regulations]
[Pages 59231-59232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28414]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
RIN 0720-AA42
Civilian Health and Medical Program of the Uniformed Services
(CHAMPUS); State Victims of Crime Compensation Programs; Voice
Prostheses
AGENCY: Office of the Secretary, DoD.
ACTION: Final rule.
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SUMMARY: This final rule establishes CHAMPUS as primary payer to State
Victims of Crime Compensation Programs; and voice prostheses as a
CHAMPUS benefit.
EFFECTIVE DATES: Amendments to Secs. 199.2 and 199.8 are effective
[[Page 59232]]
September 13, 1994 and Sec. 199.4(g)(48) is effective October 5, 1994.
FOR FURTHER INFORMATION CONTACT: Connie Kiese, TRICARE Management
Activity, Office of Medical Benefits and Reimbursement Systems (303)
676-3578.
SUPPLEMENTARY INFORMATION: On October 20, 1997, DoD published an
interim rule with a public comment period; however, no comments were
received. Therefore, the interim final rule is being adopted as the
final rule.
Under 10 U.S.C. 1079(j)(1), no CHAMPUS benefits shall be available
for the payment for any service or supply for persons enrolled in any
other insurance, medical service, or health plan to the extent that the
service or supply is a benefit under the other plan, except in the case
of those plans administered under title XIX of the Social Security Act
(Medicaid), (51 FR 24008). Therefore, in all double coverage
situations, and for all classes of beneficiaries, CHAMPUS shall be
secondary payer except when the other medical coverage is provided
through Medicaid.
However, on September 13, 1994, Public Law 103-322 was signed into
law. Section 230202 of that law states that notwithstanding any other
law, if the compensation paid by an eligible crime victim compensation
plan would cover costs that a Federal program or a federally financed
State or local program would otherwise pay, the crime compensation
program shall not pay that compensation; and the other program shall
make its payments without regard to the existence of the crime victim
compensation program.
This provision mandates, as an exception to 10 U.S.C. 1079(j)(1),
that CHAMPUS assume primary payer status to State Victims of Crime
Compensation Programs. Benefits will be granted retroactively effective
September 13, 1994.
Public Law 103-337, Section 705, October 5, 1994, added voice
prostheses to the benefits available under CHAMPUS. Benefits will be
granted retroactively effective October 5, 1994.
Regulatory Procedures
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 is not such a regulation. Nor is this final rule a significant
regulatory action under Executive Order 12866. The changes set forth in
this final rule are minor revisions to the existing regulation. In
addition, this final rule does not impose new information collection
requirements for purposes of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3511).
List of Subjects in 32 CFR Part 199
Claims, Handicapped, Health Insurance, Military personnel.
PART 199--[AMENDED]
Accordingly, 32 CFR part 199 is amended as follows:
1. The authority citation for part 199 continues to read as
follows:
Authority: 5 U.S.C. 301; 10 U.S.C. Chapter 55.
2. Section 199.2(b) is amended by revising the definition ``State
Victims of Crime Compensation Programs'' to read as follows:
Sec. 199.2 Definitions
* * * * *
(b) * * *
State victims of crime compensation programs. Benefits available to
victims of crime under the Violent Crime Control and Law Enforcement
Act.
* * * * *
3. Section 199.4 is amended by revising paragraph (g)(48) to read
as follows:
Sec. 199.4 Basic program benefits
* * * * *
(g) * * *
(48) Prosthetic devices. Prostheses, except artificial limbs, voice
prostheses, eyes, or if an item is inserted surgically in the body as
an integral part of a surgical procedure. All dental prostheses are
excluded, except for those specially required in connection with
otherwise covered orthodontia directly related to the surgical
correction of a cleft palate anomaly.
* * * * *
4. Section 199.8 is amended by revising paragraphs (b)(3)(iii), (b)
(3)(iv) and (b)(3)(v) to read as follows:
Sec. 199.8 Double coverage.
* * * * *
(b) * * *
(3) * * *
(iii) Entitlement to receive care from Uniformed Services medical
care facilities;
(iv) Certain Federal Government programs, as prescribed by the
Director, OCHAMPUS, that are designed to provide benefits to a distinct
beneficiary population and for which entitlement does not derive from
either premium payment of monetary contribution (for example, the
Indian Health Service); or
(v) State Victims of Crime Compensation Programs.
* * * * *
Dated: October 19, 1998.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 98-28414 Filed 11-2-98; 8:45 am]
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