[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]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AM11
Elimination of Copayment for Smoking Cessation Counseling
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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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
Program.
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.
PART 17--MEDICAL
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]
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