[Federal Register Volume 71, Number 10 (Tuesday, January 17, 2006)]
[Rules and Regulations]
[Page 2464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-373]



38 CFR Part 17

RIN 2900-AM11

Elimination of Copayment for Smoking Cessation Counseling

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.


SUMMARY: This rule adopts as final, without change, the interim final 
rule published in the Federal Register (70 FR 22595) on May 2, 2005. 
The Department of Veterans Affairs (VA) is publishing this final rule 
to designate smoking cessation counseling (individual and group 
sessions) as a service that is not subject to copayment requirements.

DATES: Effective Date: January 17, 2006.

FOR FURTHER INFORMATION CONTACT: Eileen P. Downey, Program Analyst, 
Policy Development, Chief Business Office (16), (202) 254-0347 or Dr. 
Kim Hamlet-Berry, Director, Public Health National Prevention Program, 
Veterans Health Administration, 810 Vermont Avenue, NW., Washington, DC 
20420, (202) 273-8929. (These are not toll-free numbers).

SUPPLEMENTARY INFORMATION: An interim final rule amending VA's medical 
regulations to set forth a rule designating smoking cessation 
counseling (individual and group sessions) as a service that is not 
subject to copayment requirements was published in the Federal Register 
on May 2, 2005 (70 FR 22595).
    We provided a 60-day comment period that ended July 1, 2005. Twelve 
comments were received and all supported the rule. Based on the 
rationale set forth in the interim final rule, we now adopt the interim 
final rule as a final rule.

Administrative Procedure Act

    In the May 2, 2005, Federal Register notice, we determined that 
there was a basis under the Administrative Procedure Act for issuing 
the interim final rule with immediate effect. We invited and received 
public comment on the interim final rule. This document merely affirms 
the interim final rule as a final rule without change.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This final rule would have no such effect 
on State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule will 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. This final rule will not directly affect any small entities. Only 
individuals could be directly affected. Accordingly, pursuant to 5 
U.S.C. 605(b), this final rule is exempt from the initial and final 
regulatory flexibility analysis requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance Numbers

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are 64.005, Grants to States for 
Construction of State Home Facilities; 64.007, Blind Rehabilitation 
Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical 
Care Benefits; 64.010, Veterans Nursing Home Care; 64.011, Veterans 
Dental Care; 64.012, Veterans Prescription Service; 64.013, Veterans 
Prosthetic Appliances; 64.014, Veterans State Domiciliary Care; 64.015, 
Veterans State Nursing Home Care; 64.016, Veterans State Hospital Care; 
64.018, Sharing Specialized Medical Resources; 64.019, Veterans 
Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based 
Primary Care; and 64.024, VA Homeless Providers Grant and Per Diem 

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: November 22, 2005
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.


    Accordingly, the interim final rule amending 38 CFR part 17, which 
was published at 70 FR 22595 on May 2, 2005, is adopted as a final rule 
without change.

[FR Doc. 06-373 Filed 1-13-06; 8:45 am]