[Federal Register Volume 71, Number 106 (Friday, June 2, 2006)]
[Rules and Regulations]
[Pages 31943-31944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5042]


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DEPARTMENT OF DEFENSE

[DOD-2006-HA-0090]

32 CFR Part 199

RIN 0720-AA90


Office of the Secretary; Civilian Health and Medical Program of 
the Uniformed Services (CHAMPUS); Transitional Assistance Management 
Program; Early Eligibility for TRICARE for Certain Reserve Component 
Members

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

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SUMMARY: This final rule revises requirements and procedures for the 
Transitional Assistance Management Program, which was temporarily 
revised by section 704 of the National Defense Authorization Act for 
Fiscal Year 2004 (NDAA-04) (Pub. L. 108-136) and section 1117 of the 
Emergency Supplemental Appropriations Act for the Reconstruction of 
Iraq and Afghanistan, 2004 (Emergency Supplemental) (Pub. L. 108-106), 
which revisions were made permanent by section 706(a) of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 2005 (NDAA-
05) (Pub. L. 108-375). In addition, it establishes requirements and 
procedures for implementation of the earlier TRICARE eligibility for 
certain reserve component members authorized by section 703 of NDAA-04 
and section 1116 of the Emergency Supplemental, which provisions were 
made permanent by section 703 of NDAA-05. The rule adopts the interim 
rule published in the Federal Register on March 16, 2005 (70 FR 12798).

DATES: Effective Date: June 2, 2006.

ADDRESSES: TRICARE Management Activity, TRICARE Operations: 5111 
Leesburg Pike, Ste. 810; Falls Church, VA 22041-3206.

FOR FURTHER INFORMATION CONTACT: Jody Donehoo, Office of the Assistant 
Secretary of Defense (Health Affairs), telephone (703) 681-0039. 
Questions regarding payment of specific claims under the TRICARE 
allowable charge method should be addressed to the appropriate TRICARE 
contractor.

SUPPLEMENTARY INFORMATION:

I. Introduction and Background

    A. Overview of the Enhanced Health Care Benefits for Reservists and 
Their Family Members. An interim final rule was published in the 
Federal Register on March 16, 2005 (70 FR 12798-12805) that addressed 
three provisions of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005 (NDAA-05) (Pub. L. 108-375) that enhance 
health care benefits for reservists and their family members. Two of 
the three provisions in that interim final rule are addressed in this 
final rule. The third provision that established requirements and 
procedures for implementation of TRICARE Reserve Select will be 
addressed in a separate interim final rule, incorporating the changes 
required by the National Defense Authorization Act for Fiscal Year 2006 
(Pub. L. 109-163).
    The first of the two provisions addressed in this final rule is 
section 706(a) of NDAA-05, which makes permanent the temporary 
revisions to the Transitional Assistance Management Program that were 
enacted in section 704 of the National Defense Authorization Act for 
Fiscal Year 2004 (NDAA-04) (Pub. L. 108-136) and section 1117 of the 
Emergency Supplemental Appropriations Act for the Reconstruction of 
Iraq and Afghanistan, 2004 (Emergency Supplemental) (Pub. L. 108-106). 
The second of the two provisions addressed in this final rule is 
section 703 of the NDAA-05, which makes permanent the earlier TRICARE 
eligibility for certain reserve component members that was authorized 
by section 703 of NDAA-04

[[Page 31944]]

and section 1116 of the Emergency Supplemental.
    These provisions represent significant enhancements to the health 
care benefits available to reservists and their eligible family 
members. They focus particularly on reservists and guardsmen activated 
in support of a contingency operation after September 11, 2001. Prior 
to the statutory changes enacted since November 2003, reservists and 
their families received TRICARE health care benefits when activated for 
more than 30 consecutive days. Now, TRICARE benefits begin up to 90 
days prior to activation for those who receive delayed-effective-date 
orders, and coverage is extended to a full 180 days after a period of 
active service in support of a contingency operation. These changes 
provide for an easier transition to and from civilian life.
    B. Public Comments. The interim final rule was published in the 
Federal Register on March 16, 2005. We received no public comments on 
the two provisions addressed in this Final Rule.

II. Provisions of the Rule Regarding the Transitional Assistance 
Management Program

    A. Eligibility under the Transitional Assistance Management Program 
(TAMP) (paragraph 199.3(e)).
    1. Provisions of Interim Final Rule. Section 706(a) of NDAA-05 
makes permanent revisions to the Transitional Assistance Management 
Program, which was temporarily revised by section 704 of NDAA-04 and 
section 1117 of the Emergency Supplemental. Based on these enactments, 
several categories of armed forces members are eligible for 
transitional health care after serving on active duty. These include:
    1. A member who is involuntarily separated from active duty;
    2. A member of a reserve component who is separated from active 
duty to which called or ordered in support of a contingency operation 
if the active duty is active duty for a period of more than 30 
consecutive days;
    3. A member who is separated from active duty for which the member 
is involuntarily retained under 10 U.S.C. 12305 in support of a 
contingency operation; or
    4. A member who is separated from active duty served pursuant to a 
voluntary agreement of the member to remain on active duty for a period 
of less than one year in support of a contingency operation.
    The spouse and children of the member are also eligible for TAMP 
benefits. TAMP benefits begin the day after the member is separated 
from active duty, and end 180 days later. Eligibility is determined by 
the armed forces.
    2. Analysis of Major Public Comments. No public comments were 
received.
    3. Provisions of the Final Rule. The final rule is consistent with 
the interim final rule.
    B. Beneficiary liability under TAMP. (paragraph 199.4(f)(2)(vi)).
    1. Provisions of Interim Final Rule. This paragraph establishes 
that TAMP beneficiaries (including the member) are subject to the 
TRICARE Standard (and Extra) deductible and cost sharing rules 
applicable to active duty family members.
    2. Analysis of Major Public Comments. No public comments were 
received.
    3. Provisions of the Final Rule. The final rule is consistent with 
the interim final rule.

III. Provisions of the Rule Regarding Early Eligibility for TRICARE for 
Certain Reserve Component Members

    A. Eligibility (paragraph 199.3(b)(5)).
    1. Provisions of Interim Final Rule. This paragraph incorporates 
requirements and procedures for implementation of the earlier temporary 
TRICARE eligibility for certain reserve component members authorized by 
section 703 of NDAA-04 and section 1116 of the Emergency Supplemental, 
which provisions were made permanent by section 703 of NDAA-05. Under 
this paragraph reserve component members issued delayed-effective-date 
orders for service in support of a contingency operation, and their 
family members, are eligible for TRICARE on the date the orders are 
issued, up to 90 days prior to the date on which the period of active 
duty of more than 30 consecutive days is to begin.
    2. Analysis of Major Public Comments. There were no public 
comments.
    3. Provisions of the Final Rule. The final rule is consistent with 
the interim final rule.

IV. Regulatory Procedures

    Executive Order 12866 requires certain regulatory assessments for 
any significant regulatory action that would result in an annual effect 
on the economy of $100 million or more, or have other substantial 
impacts. The Congressional Review Act establishes certain procedures 
for major rules, defined as those with similar major impacts. The 
Regulatory Flexibility Act (RFA) requires that each Federal agency 
prepare, and make available for pubic comment, a regulatory flexibility 
analysis when the agency issues a regulation that would have 
significant impact on a substantial number of small entities. This 
final rule is not subject to any of those requirements because it would 
not have any of these substantial impacts. Any substantial impacts 
associated with implementation of transitional health care under the 
Transitional Assistance Management Program and the early eligibility 
for TRICARE for certain reserve component members are already 
determined by statute and are outside any discretionary action of DoD 
or effect of this regulation.
    This rule, however, does address novel policy issues relating to 
implementation of a new medical benefits program for members of the 
armed forces. Thus, this rule has been reviewed by the Office of 
Management and Budget under E.O. 12866.
    This rule will not impose additional information collection 
requirements on the public under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3511).
    We have examined the impact(s) of the final rule under Executive 
Order 13132 and it does not have policies that have federalism 
implications that would have substantial direct effects on the States, 
on the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, therefore, consultation with State and local 
officials is not required.

List of Subjects in 32 CFR Part 199

    Claims, Handicapped, Health insurance, and Military personnel.

 PART 199--[AMENDED]

0
Accordingly, the interim rule amending 32 CFR part 199 which was 
published on March 16, 2005 (70 FR 12798) is adopted as a final rule 
without change.

    Dated: May 26, 2006.
L.M. Bynum,
OSD Federal Liaison Officer, Department of Defense.
[FR Doc. 06-5042 Filed 6-1-06; 8:45 am]
BILLING CODE 5001-06-M