[Federal Register Volume 67, Number 212 (Friday, November 1, 2002)]
[Rules and Regulations]
[Pages 66554-66555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27877]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AK89


Civilian Health and Medical Program of the Department of Veterans 
Affairs (CHAMPVA)

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document affirms amendments to VA's medical regulations 
to extend CHAMPVA eligibility to persons age 65 and over who would have 
otherwise lost their CHAMPVA eligibility due to attainment of 
entitlement to hospital insurance benefits under Medicare Part A, 
implement coverage of physical examinations required in connection with 
school enrollment for beneficiaries through age 17, and reduce the 
catastrophic cap for CHAMPVA dependents and survivors (per family) from 
$7,500 to $3,000 for each calendar year. These amendments were made by 
an interim final rule and were necessary to implement provisions of the 
Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 
and the Veterans' Survivor Benefits Improvements Act of 2001.

DATES: Effective Date: This document is effective on November 1, 2002.

FOR FURTHER INFORMATION CONTACT: Susan Schmetzer, Chief, Policy & 
Compliance Division, VA Health Administration Center, P.O. Box 65020, 
Denver, CO 80206-9020, telephone (303) 331-7552.

[[Page 66555]]


SUPPLEMENTARY INFORMATION: An interim final rule amending VA's medical 
regulations to extend CHAMPVA eligibility to persons age 65 and over 
who would have otherwise lost their CHAMPVA eligibility due to 
attainment of entitlement to hospital insurance benefits under Medicare 
Part A, implement coverage of physical examinations required in 
connection with school enrollment for beneficiaries through age 17, and 
reduce the catastrophic cap for CHAMPVA dependents and survivors (per 
family) from $7,500 to $3,000 for each calendar year was published in 
the Federal Register on January 30, 2002 (67 FR 4357). A correction to 
the interim final rule was published in the Federal Register on 
February 14, 2002 (67 FR 6874).
    We provided a 60-day comment period that ended April 1, 2002. No 
comments have been received. Based on the rationale set forth in the 
interim final rule, we now affirm as a final rule the changes made by 
the interim final rule.

Administrative Procedure Act

    The changes made by this final rule in large part reflect statutory 
changes. Moreover, we have found good cause to dispense with the 
notice-and-comment and delayed effective date provisions of the 
Administrative Procedure Act (5 U.S.C. 553). Compliance with such 
provisions would be impracticable, unnecessary, and contrary to the 
public interest. To avoid significant administrative confusion, it was 
in the public's interest to provide these benefits within approximately 
the same period as similar benefits were provided to DoD's TRICARE 
beneficiaries.

Unfunded Mandates

    The Unfunded Mandates Reform Act requires at 2 U.S.C. 1532, that 
agencies prepare an assessment of anticipated costs and benefits before 
developing any rule that may result in an expenditure by State, local, 
or tribal governments, in the aggregate, or by the private sector, of 
$100 million or more in any given year. This rule would have no 
consequential effect on State, local, or tribal governments.

Paperwork Reduction Act

    This 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).

Regulatory Flexibility Act

    The Secretary hereby certifies that this regulatory amendment will 
not have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act (RFA), 5 
U.S.C. 601-612. Based on a more recent projection, the number of 
potential beneficiaries over age 65 has increased from 89,500 as 
estimated in the interim final rule to approximately 135,209 potential 
beneficiaries that will use the benefit of coverage secondary to 
Medicare. The interim final rule estimates of approximately 2,000 
beneficiaries impacted by the inclusion of school-required physical 
examination benefit and approximately 2,500 families benefiting from 
the reduction of the catastrophic cap remain unchanged. Since these 
beneficiaries are widely geographically diverse, the health care 
provided to them would not have a significant impact on any small 
businesses. Therefore, pursuant to 5 U.S.C. 605(b), this amendment is 
exempt from the initial and final regulatory flexibility analysis 
requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance Numbers

    There are no Catalog of Federal Domestic Assistance program numbers 
for the programs affected by this document.

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 homes, Philippines, Reporting 
and recordkeeping requirements, Scholarships and fellowships, Travel 
and transportation expenses, Veterans.

    Approved: September 25, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.

PART 17--MEDICAL

    Accordingly, the interim final rule amending 38 CFR part 17 that 
was published at 67 FR 4357 on January 30, 2002, and corrected at 67 FR 
6874 on February 14, 2002, is adopted as a final rule without change.

[FR Doc. 02-27877 Filed 10-31-02; 8:45 am]
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