[Federal Register Volume 73, Number 103 (Wednesday, May 28, 2008)]
[Rules and Regulations]
[Pages 30478-30479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11738]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[DOD-2006-HA-0194; RIN 0720-AB07]

32 CFR Part 199


TRICARE; Certain Survivors of Deceased Active Duty Members; and 
Adoption Intermediaries

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

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SUMMARY: This rule confirms as final a January 2007 interim final rule 
which implements two provisions of the National Defense Authorization 
Act for Fiscal Year 2006 (NDAA FY06). First, Section 715 of the NDAA 
FY06 extends the time frame certain dependents of active duty service 
members (ADSM) who die while on active duty for more than 30 days shall 
receive TRICARE medical benefits at active duty dependent payment 
rates. Second, Section 592 of the NDAA FY06 modifies the requirement 
for those intermediaries who provide adoption placements. Additionally, 
this final rule makes an administrative clarification to the following 
two eligibility provisions: those placed in the legal custody of a 
member or former member; and those placed in the home of a member or 
former member in anticipation of adoption. This clarification makes a 
distinction between the two groups and specifies that for placement 
into legal custody by court order, the court order must be for a period 
of 12 consecutive months.

DATES: Effective Date: This rule is effective June 27, 2008.

FOR FURTHER INFORMATION CONTACT: Ms. Ann N. Fazzini, (303) 676-3803 for 
questions regarding Section 715 as it relates to the TRICARE Basic 
Program; and also questions regarding Section 592. Mr. Michael Kottyan, 
(303) 676-3520 for questions regarding Section 715 as it relates to the 
Extended Health Care Option (ECHO). Mr. John Leininger, (303) 676-3613, 
for questions regarding TRICARE Prime Remote. Questions regarding 
payment of specific claims should be addressed to the appropriate 
TRICARE contractor.

SUPPLEMENTARY INFORMATION:

Background

    I. In the Federal Register of January 19, 2007 (72 FR 2444), the 
Department of Defense published for public comment an interim final 
rule regarding: (1) Payment rates for dependents of deceased active 
duty service members; (2) Modification of requirement for certain 
intermediaries under certain authorities relating to adoptions; and, 
(3) Administrative change--court order/adoption placement. An overview 
of these three provision follows.
    II. Payment Rates for Dependents of Deceased Active Duty Service 
Members. Dependents of active-duty members who died while on active 
duty have been always eligible for TRICARE; however, their payment 
rates/cost-sharing provisions have changed over time. Section 715 of 
the NDAA FY06 modified the cost-sharing provision for certain 
dependents of deceased active duty members. The reader is referred to 
the interim final rule published on January 19, 2007 (72 FR 2444), for

[[Page 30479]]

detailed information regarding this provision.
    III. Modification of Requirement for Certain Intermediaries Under 
Certain Authorities Relating to Adoptions. Section 592 of the NDAA FY06 
expands those intermediaries who perform adoption placement to include 
placement by any source authorized by State or local law to provide 
adoption placement. This expanded language mirrors the language found 
in Title 10, United States Code, Section 1052, reimbursement for 
adoption expenses, and provides consistency between personnel benefit 
policies in chapter 53 of Title 10, United States Code, and eligibility 
for TRICARE under chapter 55 of Title 10, United States Code. Effective 
date of the NDAA FY06 (and this provision) is January 6, 2006. The 
reader is referred to the interim final rule published on January 19, 
2007 (72 FR 2444), for detailed information regarding this provision.
    IV. Administrative Change--Court Order/Adoption Placement. This 
final rule clarifies the eligibility provisions for an unmarried person 
who is placed in the legal custody of the member or former member as a 
result of an order of a court of competent jurisdiction in the United 
States (or possession of the United States) by stating that the court 
order must be for a period of at least 12 consecutive months. We 
currently address a child who is placed in legal custody of a member or 
former member, but the language unintentionally omitted the 12 
consecutive month period required by 10 U.S.C. 1072(2)(I)(i). This rule 
also clarifies that an unmarried person placed in legal custody of a 
member or former member is a category that is separate and distinct 
from those placed for adoption. We accomplish this by providing 
separate regulatory paragraphs for each group. The reader is referred 
to the interim final rule published on January 19, 2007 (72 FR 2444), 
for detailed information regarding this provision. Additionally, for 
historical information on these two groups, we refer the reader to the 
final rule that established these groups (64 FR 46133, August 24, 
1999).

Review of Public Comments

    Comment: One commenter applauded the enhanced benefit, but 
recommended further direction that this benefit only be extended upon 
the initiation and/or completion of an appropriate Line of Duty (LOD) 
determination. Generally, LOD determinations do not apply for battle 
injuries or battle-related deaths. This commenter requested that 
clarification be directed toward ADSM deaths that occur under in-
garrison, non-combat operations.
    Response: We appreciate the comment and note that the statutory 
language provides the benefit ``when a member dies while on active duty 
for a period of more than 30 days.'' There are no qualifiers or 
limitation on this provision; consequently, there is no statutory 
authority to apply LOD determinations.
    Comment: A second commenter asked about the effective date of the 
provisions.
    Response: For the payment rates for dependents of deceased active 
duty family members, the provision is effective with respect to those 
active duty service members whose death occurred on or after October 7, 
2001. The modification of adoption intermediaries is effective January 
6, 2006.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review''

    Section 801 of title 5, United States Code (U.S.C.) and Executive 
Order (E.O.) 12866 require certain regulatory assessments and 
procedures for any major rule or significant regulatory action, defined 
as one that would result in an annual effect of $100 million or more on 
the national economy or which would have other substantial impacts.
    This is not a major rule under 5 U.S.C. 801. It is a significant 
regulatory action but not economically significant and has been 
reviewed by the Office of Management and Budget as required under the 
provisions of E.O. 12866.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that this rule does not contain a Federal 
mandate that may result in the expenditure by State, local and tribal 
governments, in aggregate, or by the private sector, of $100 million or 
more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    The Regulatory Flexibility Act 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. In 
addition, we certify that this final rule will not significantly affect 
a substantial number of small entities.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    This final rule will not impose additional information collection 
requirements on the public under the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 55).

Executive Order 13132, ``Federalism''

    We have examined the impact of the rule under E.O. 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, Dental health, Health care, Health insurance, Individuals 
with disabilities, Military personnel.


0
Accordingly, the interim final rule published January 19, 2007 (72 FR 
2444), is confirmed as final without change.

    Dated: May 19, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
 [FR Doc. E8-11738 Filed 5-27-08; 8:45 am]
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