[Federal Register Volume 76, Number 180 (Friday, September 16, 2011)]
[Rules and Regulations]
[Pages 57643-57644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23761]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[Docket ID: DOD-2010-HA-0071; RIN 0720-AB40]


TRICARE; Changes Included in the National Defense Authorization 
Act for Fiscal Year 2010; Expansion of Survivor Eligibility Under the 
TRICARE Dental Program

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

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SUMMARY: The Department is publishing this final rule to implement the 
National Defense Authorization Act for Fiscal Year 2010 (NDAA for 
FY10), as amended by the National Defense Authorization Act for Fiscal 
Year 2011 (NDAA for FY11). Specifically, that legislation expands the 
survivor eligibility under the TRICARE Dental Program (TDP). The 2011 
amendment to the legislation entitles the surviving spouse and 
child(ren) continuation of eligibility for the TDP regardless of 
whether they were previously enrolled in the TDP. Prior enrollment in 
the TDP had been a requirement of the 2010 legislation for both the 
spouse and children. The period of continued eligibility for a spouse 
will be 3 years beginning on the date of the member's death. The 
legislation entitles a child to continuation of eligibility for the TDP 
for the longer of three years or until age 21 (or 23 for most full-time 
students). Survivors, who meet the new eligibility requirements, will 
obtain TDP eligibility as of the publishing of the final rule in the 
Federal Register. Retroactive payment of premiums or claims paid for 
dental treatment during the time of loss of TDP eligibility will not be 
reimbursed to surviving dependents.

DATES: Effective Date: This rule is effective October 17, 2011.

FOR FURTHER INFORMATION CONTACT: Col. Jeffrey Chaffin, TRICARE 
Management Activity, telephone (703) 681-0039.

SUPPLEMENTARY INFORMATION: This final rule implements section 704 of 
the National Defense Authorization Act for Fiscal Year 2010 (NDAA for 
FY10), Public Law 111-84, as amended by Section 703 of the National 
Defense Authorization Act for Fiscal Year 2011 (NDAA for FY11), Public 
Law 111-83.

I. Background

    This final rule expands the survivor eligibility under the TRICARE 
Dental Program (TDP). The legislation entitles the surviving spouse and 
child(ren) continuation of eligibility for the TDP regardless of 
whether they were previously enrolled in the TDP. Prior enrollment in 
the TDP had been a requirement of the 2010 legislation for both the 
spouse and children. The period of continued eligibility for spouse 
will be 3 years beginning on the date of the member's death. The period 
of continued eligibility for children will be 3 years beginning on the 
date of the member's death or until age 21 (or age 23 for most full-
time students).
    The final rule will maintain the government's payment of both the 
government and dependent's portion of the premium share during the 
period of continuous enrollment.

II. Public Comments

    The proposed rule was published in the Federal Register on August 
18, 2010, for a 60-day comment period. We received one comment 
expressing support of the extended eligibilities.

III. Regulatory Procedures

Executive Orders 12866 and 13563 and Regulatory Flexibility Act

    Executive Orders 12866 and 13563 require that a comprehensive 
regulatory impact analysis be performed on any 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 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 final rule is not subject to any of 
these requirements.

Paperwork Reduction Act

    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).

EO 13132, ``Federalism''

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

    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. Section 199.13 is amended by revising paragraph (c)(3)(ii)(E)(2) to 
read as follows:


Sec.  199.13  TRICARE Dental Program.

* * * * *
    (c) * * *
    (3) * * *
    (ii) * * *
    (E) * * *
    (2) Continuation of eligibility. Eligible dependents of active duty 
members who die while on active duty for a period of more than 30 days 
and eligible dependents of members of the Ready Reserve (i.e., Selected 
Reserve or Individual Ready Reserve, as specified in 10 U.S.C. 10143 
and 10144(b) respectively) who die, shall be eligible for continued 
enrollment in the TDP. This continued enrollment shall be up to (3) 
three years from the date of the member's death, except that, in the 
case of a dependent of the deceased who is described in 10 U.S.C. 
section 1072(2) by subparagraph (D) or (I), the period of continued 
enrollment shall be the longer of the following periods

[[Page 57644]]

beginning on the date of the member's death:
    (i) Three years.
    (ii) The period ending on the date on which such dependent attains 
21 years of age.
    (iii) In the case of such dependent who, at 21 years of age, is 
enrolled in a full-time course of study in a secondary school or in a 
full-time course of study in an institution of higher education 
approved by the administering Secretary and was, at the time of the 
member's death, in fact dependent on the member for over one-half of 
such dependent's support, the period ending on the earlier of the 
following dates: The date on which such dependent ceases to pursue such 
a course of study, as determined by the administering Secretary; or the 
date on which such dependent attains 23 years of age.
* * * * *

    Dated: August 24, 2011.
Patricia Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2011-23761 Filed 9-15-11; 8:45 am]
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