[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Proposed Rules]
[Page 55796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26044]



[[Page 55796]]

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DoD-2009-HA-0097]
RIN 0720-AB35


TRICARE; Elimination of Voluntary Disenrollment Lock-Out

AGENCY: Office of the Secretary, Department of Defense.

ACTION: Proposed rule.

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SUMMARY: This proposed rule eliminates the 1 year lock-out for non-
Active Duty members who disenroll from TRICARE Prime before their 
annual enrollment renewal date.

DATES: Comments must be received on or before December 28, 2009.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number and title, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, Room 3C843 
Pentagon, 1160 Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for viewing on the Internet at http://regulations.gov as they 
are received without change, including any personal identifiers or 
contact information.

FOR FURTHER INFORMATION CONTACT: Kathleen Larkin at (703) 681-0039; 
TRICARE Policy and Operations, TRICARE Management Activity, 5111 
Leesburg Pike, Suite 810, Falls Church, VA 22041.

SUPPLEMENTARY INFORMATION: 

I. Introduction and Background

    The TRICARE benefit was directed by Congress in section 1097 of the 
National Defense Authorization Act for Fiscal Year 1995. For further 
information on TRICARE, the reader may refer to the final rule 
regarding TRICARE published in the Federal Register on October 5, 1995.

Administrative Change

    When TRICARE Prime was implemented, it was envisioned that TRICARE 
Prime enrollees would transfer their enrollment when they moved to a 
new location. The reality is that some enrollees, such as college 
students, move several times a year. When TRICARE Prime is available at 
their new location, they transfer enrollment. However, TRICARE Prime 
might not be available at the gaining location, so they voluntarily 
disenroll in advance of their annual enrollment date. This 
automatically triggers a one year lock-out. This proposed rule 
eliminates the lock-out for active duty family members and allows 
TRICARE Prime enrollment when they relocate in an area that offers 
TRICARE Prime.

II. Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Public 
Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    Executive Order 12866 requires that a comprehensive regulatory 
impact analysis be performed on any economically 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. 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 proposed rule is not a significant regulatory action and 
will not have a significant impact on a substantial number of small 
entities for purposes of the RFA. Thus this proposed rule is not 
subject to any of these requirements.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3511)

    This rule will not impose additional information collection 
requirements on the public.

Executive Order 13132, ``Federalism''

    We have examined the impacts of the 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.

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

    This rule does not contain unfunded mandates. It 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 1 year.

List of Subjects in 32 CFR Part 199

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

    Accordingly, 32 CFR part 199 is proposed to be amended as follows:

PART 199--[AMENDED]

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

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

    2. Section 199.17 is amended by revising paragraph (o)(4) to read 
as follows:


Sec.  199.17  TRICARE Program.

* * * * *
    (o) * * *
    (4) Voluntary disenrollment. Any non-active duty beneficiary may 
disenroll at any time. Disenrollment will take effect in accordance 
with administrative procedures established by the Assistant Secretary 
of Defense (Health Affairs). Retired beneficiaries and their family 
members who disenroll prior to their annual enrollment renewal date 
will not be eligible to reenroll in Prime for a 1-year period from the 
effective date of the disenrollment. Active Duty family members may 
change their enrollment status twice in an enrollment year. Any 
additional disenrollment changes will result in an enrollment lock out 
for a 1-year period from the effective date of the disenrollment. 
Enrollment rules may be waived by the Assistant Secretary of Defense 
(Health Affairs) based on extraordinary circumstances.
* * * * *

    Dated: October 23, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-26044 Filed 10-28-09; 8:45 am]
BILLING CODE 5001-06-P