[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Rules and Regulations]
[Pages 64536-64538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22445]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[DoD-2007-HA-0015; RIN 0720-AB13]

32 CFR Part 199


TRICARE; Expansion of Geographic Scope of the TRICARE Retiree 
Dental Program

AGENCY: Office of the Secretary, Department of Defense.

ACTION: Final rule.

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

SUMMARY: This final rule expands the geographic scope of the TRICARE 
Retiree Dental Program (TRDP) to overseas locations not currently 
covered by the program. At this time, TRDP is applicable only in the 50 
United States (U.S.) and the District of Columbia, Canada, Puerto Rico, 
Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, 
and the U.S. Virgin Islands. Expanding the geographic scope of the 
program will ensure that all TRICARE-eligible retirees are eligible for 
the same dental benefits, regardless of their location. There are no 
additional Government costs associated with this final expansion of 
TRDP overseas as TRDP costs are borne entirely by enrollees through 
premium payments.

DATES: Effective Date: This rule is effective November 16, 2007.

FOR FURTHER INFORMATION CONTACT: Col. Gary Martin, Office of the 
Assistant Secretary of Defense (Health Affairs), TRICARE Management 
Activity, telephone (703) 681-0039.

SUPPLEMENTARY INFORMATION:

I. Summary of Final Rule Provisions

    This final rule expands the geographic scope of TRDP to overseas 
locations not currently covered by the program. Although 10 U.S.C. 
1076c does not restrict the geographic availability of the TRDP, per 32 
CFR 199.22(b)(3), TRDP is currently limited to the 50 United States and 
the District of Columbia, Canada, Puerto Rico, Guam, American Samoa, 
the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin 
Islands. Expanding the geographic scope of the program will ensure that 
all TRICARE-eligible retirees are eligible for the same dental 
benefits, regardless of their location. This expansion of the 
geographic scope of the TRDP program is based upon feedback from the 
TRICARE-eligible retiree community which indicated that there is a 
demand for this program in all overseas locations.
    Although the TRDP is administered in a manner similar to the 
TRICARE Dental

[[Page 64537]]

Program (TDP), there are significant differences in program funding. 
TDP costs are shared for two of the four eligible categories of TDP 
enrollees between the enrollees and the Department of Defense; however, 
for the other two categories of TDP enrollees, and all TRDP enrollees, 
costs are borne entirely by enrollees through premium payments. 
Enrollees are also responsible for any dental costs in excess of the 
TRDP coverage limits, and the contractor is solely responsible for any 
program costs in excess of annual premium payments.
    Therefore, there are no additional Government costs associated with 
this expansion of TRDP coverage overseas. Specific methods of TRDP 
program administration, payment rates and procedures, provider 
licensure and certification requirements, and other program elements 
may differ by location to the extent necessary for the effective and 
efficient operation of the plan. These differences may include, but are 
not limited to, specific provisions for preauthorization of care, 
varying licensure and certification requirements for foreign providers, 
and other differences based on limitations in the availability and 
capabilities of the Uniformed Services overseas dental treatment 
facilities and a particular nation's civilian sector providers in 
certain areas.

II. Review of Public Comments

    We provided a 60-day comment period on the proposed rule which was 
published in the Federal Register on April 16, 2007 (72 FR 18927). No 
comments were received.

III. Regulatory Procedures

    Executive Order 12866 directs agencies to assess all costs and 
benefits available, regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity). The Order 
classifies a rule as a significant regulatory action requiring review 
by the Office of Management and Budget (OMB) if it meets any one of a 
number of specified conditions, including having an annual effect on 
the national economy of $100 million or more, creating a serious 
inconsistency or interfering with an action of another agency, 
materially altering the budgetary impact of entitlements or the rights 
of entitlement recipients, or raising novel legal or policy issues. DoD 
has examined the economic, legal, and policy implications of this final 
rule and has concluded that it is a significant regulatory action 
because it may raise novel legal or policy issues of enhancing the 
dental health of military retirees and their dependents who reside 
overseas. The changes set forth in the final rule to the existing 
regulation do not change the basic TRDP benefit structure.
    The Regulatory Flexibility Act (RFA) requires that each Federal 
Agency prepare and make available for public comment, a regulatory 
flexibility analysis when the agency issues a Regulation which would 
have a significant impact on a substantial number of small entities. 
This final rule does not have a significant impact on small entities.
    This final rule is not a major rule under the Congressional Review 
Act because its economic impact will be less than $100 million.
    Executive Order 13132 requires that each Federal Agency shall 
consult with State and local officials and obtain their input if a rule 
has federalism implications which 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. We have examined the impact 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.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3511) and 
which has been approved by OMB under control number 0720-0015. This 
rule will not change this requirement, but will only increase the 
number of beneficiaries who are eligible to enroll in the TDRP by 
approximately 100,000 people. Public reporting burden for this 
collection of information is estimated to average 15 minutes per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Respondents 
should be aware that notwithstanding any other provision of law, no 
person is required to respond to, nor shall any person be subject to a 
penalty for failure to comply with, a collection of information subject 
to the requirements of the PRA, unless that collection of information 
displays a currently valid OMB Control Number.
    This rule does not contain unfunded mandates. It does not contain a 
Federal mandate that may result in the expenditure by State, local and 
tribunal governments, in aggregate, or by the private sector, of $100 
million or more in any one year.

List of Subjects in 32 CFR Part 199

    Claims, Dental health, Health care, Health insurance, Individuals 
with disabilities, Military personnel.

0
Accordingly, 32 CFR part 199 is amended as follows:

PART 199--[AMENDED]

0
1. The authority citation for part 199 continues to read as follows:

    Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55.

0
2. Sec.  199.22 is amended by revising paragraph (b)(3) to read as 
follows:


Sec.  199.22  TRICARE Retiree Dental Program (TRDP).

* * * * *
    (b) * * *
    (3) Geographic scope. (i) The TRDP is applicable to authorized 
providers in the 50 United States and the District of Columbia, Canada, 
Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern 
Mariana Islands, and the U.S. Virgin Islands.
    (ii) The Assistant Secretary of Defense (Health Affairs) (ASD (HA)) 
may extend the TRDP to geographic areas other than those specified in 
paragraph (b)(3)(i) of this section. In extending the TRDP overseas, 
the ASD (HA) is authorized to establish program elements, methods of 
administration, and payment rates and procedures that are different 
from those in effect for the areas specified in paragraph (b)(3)(i) of 
this section to the extent the ASD (HA), or designee, determines 
necessary for the effective and efficient operation of the TRDP. These 
differences may include, but are not limited to, specific provisions 
for preauthorization of care, varying licensure and certification 
requirements for foreign providers, and other differences based on 
limitations in the availability and capabilities of the Uniformed 
Services overseas dental treatment facilities and a particular nation's 
civilian sector providers in certain areas. The Director, TRICARE 
Management Activity shall issue guidance, as necessary, to implement 
the provisions of this paragraph. TRDP enrollees residing in overseas 
locations will be eligible for the same benefits as enrollees residing 
in the continental

[[Page 64538]]

United States, although dental services may not be available or 
accessible in all locations.
* * * * *

    Dated: November 9, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
 [FR Doc. E7-22445 Filed 11-15-07; 8:45 am]
BILLING CODE 5001-06-P