[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Proposed Rules]
[Pages 21075-21077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8881]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AK29


Waivers

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document proposes to amend VA's medical regulations to 
give Fiscal Officers at VA medical facilities the authority to waive 
veterans' debts arising from the medical care copayments. These 
proposed changes codify an existing 1995 delegation of authority to 
Fiscal Officers from the Secretary of Veterans Affairs; the purpose of 
this 1995 delegation was to increase the efficiency of the waiver 
processing.

DATES: Comments must be received on or before June 21, 2004..

ADDRESSES: Written comments may be submitted by: mail or hand-delivery 
to

[[Page 21076]]

Director, Regulations Management (00REG1), Department of Veterans 
Affairs, 810 Vermont Ave., NW., Room 1068, Washington, DC 20420; fax to 
(202) 273-9026; e-mail to [email protected]; or, through http://www.Regulations.gov. Comments should indicate that they are submitted 
in response to ``RIN 2900-AK29.'' All comments received will be 
available for public inspection in the Office of Regulation Policy and 
Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., 
Monday through Friday (except holidays). Please call (202) 273-9515 for 
an appointment.

FOR FURTHER INFORMATION CONTACT: Tony Guagliardo, Deputy Director 
Policy Development, Chief Business Office (16), Veterans Health 
Administration, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 
254-0320. (This is not a toll-free telephone number.)

SUPPLEMENTARY INFORMATION: By law, many veterans who receive medical 
care at VA facilities must agree to pay copayments for their care. 
There are different copayments for inpatient hospital care, outpatient 
medical services, medications, and extended care services. In the past, 
veterans with debts arising from failure to pay these copayments could 
request VA Committees on Waivers and Compromises to waive the debts. 
The Veterans Benefits Administration (VBA) operates these Committees. 
Due to the volume of waiver requests, VBA and the Veterans Health 
Administration (VHA) agreed that the authority to waive these debts 
should be delegated to Fiscal Officers at VA medical facilities. As a 
result, in 1995, the Secretary of Veterans Affairs delegated the 
authority to waive these debts to VHA Fiscal Officers. This proposed 
regulatory change would codify this delegation in VA regulations. It 
would also specify the form that veterans must complete and submit to 
VA to request this type of waiver. Finally, it would also correct 
inadvertent citation errors overlooked in an earlier recodification of 
part 17 and make other changes for clarification.
    Requests for and decisions regarding waivers under this proposal 
will be subject to the applicable regulations governing the Committees 
on Waivers and Compromises. This means that Fiscal Officers will waive 
a debt if they determine that collection of the debt would be against 
equity and good conscience.

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule would not 
have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act, 5 
U.S.C. 601-612. The provisions of the proposed rule would not impose a 
significant economic impact on any entities since VA billing would not 
constitute a significant portion of any insurance company's business. 
Accordingly, pursuant to 5 U.S.C. 605(b), this proposed rule is exempt 
from the initial and final regulatory flexibility analyses requirements 
of sections 603 and 604.

Executive Order 12866

    This document has been reviewed by the Office of Management and 
Budget pursuant to Executive Order 12866.

Catalog of Federal Domestic Assistance Numbers

    The Catalog of Federal Domestic Assistance numbers for the programs 
affected by this document are 64.005, 64.007, 64.008, 64.009, 64.010, 
64.011, 64.012, 64.013, 64.014, 64.015, 64.016, 64.018, 64.019, 64.022, 
64.024, and 64.025.

Paperwork Reduction Act

    Although this document contains provisions constituting a 
collection of information in 38 CFR 17.105 (c) referencing VA Form 
5655, under the provision of the Paperwork Reduction Act (44 U.S.C. 
3501-3521), no new or proposed revised collections of information are 
associated with this proposed rule. The Office of Management and Budget 
has approved this information collection in VA Form 5655 under control 
number 2900-0165.

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 will have no such 
effect on State, local, or tribal governments, or the private sector.

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: February 20, 2004.
Anthony J. Principi,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 17 is proposed 
to be amended as set forth below:

PART 17--MEDICAL

    1. The authority citation for part 17 continues to read as follows:

    Authority: 38 U.S.C. 501, 1721, unless otherwise noted.

    2. Section 17.105 is amended by:
    A. In paragraph (a), removing ``Sec.  17.101(a)'' and adding, in 
its place, ``Sec.  17.102''.
    B. Redesignating paragraph (c) as (d).
    C. Adding a new paragraph (c).
    D. Adding the OMB information collection approval number 
parenthetical at the end of the section.
    The additions read as follows:


17.105  Waivers

* * * * *
    (c) Of charges for copayments. If the debt represents charges for 
outpatient medical care, inpatient hospital care, medication or 
extended care services copayments made under Sec. Sec.  17.108, 17.110 
or 17.111 of this section, the claimant must request a waiver by 
submitting VA Form 5655 (Financial Status Report) to a Fiscal Officer 
at a VA medical facility where all or part of the debt was incurred. 
The claimant must submit this form within the time period provided in 
Sec.  1.963(b) of this chapter and may request a hearing under Sec.  
1.966(a) of this chapter. The Fiscal Officer may extend the time period 
for submitting a claim if the Chairperson of the Committee on Waivers 
and Compromises could do so under Sec.  1.963(b) of this chapter. The 
Fiscal Officer will apply the standard ``equity and good conscience'' 
in accordance with Sec. Sec.  1.965 and 1.966(a) of this chapter, and 
may waive all or part of the claimant's debts. A decision by the Fiscal 
Officer under this provision is final (except that the decision may be 
reversed or modified based on new and material evidence, fraud, a 
change in law or interpretation of law, or clear and unmistakable error 
shown by the evidence in the file at the time of the prior decision as 
provided in Sec.  1.969 of this chapter) and may be appealed in 
accordance with 38 CFR parts 19 and 20.
* * * * *
(Authority: 38 U.S.C. 501, 1721, 1722A, 1724)


[[Page 21077]]


(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 2900-
0165.)

[FR Doc. 04-8881 Filed 4-19-04; 8:45 am]
BILLING CODE 8320-01-P