[Federal Register Volume 64, Number 161 (Friday, August 20, 1999)]
[Rules and Regulations]
[Pages 45453-45454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21348]


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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