[Federal Register Volume 76, Number 249 (Wednesday, December 28, 2011)]
[Rules and Regulations]
[Pages 81366-81368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33175]



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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[Docket ID: DOD-2010-HA-0113]
RIN 0720-AB46


TRICARE: Changes Included in the National Defense Authorization 
Act for Fiscal Year 2010; Enhancement of Transitional Dental Care for 
Members of the Reserve Component on Active Duty for More Than 30 Days 
in Support of a Contingency Operation

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

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SUMMARY: The Department is publishing this final rule to implement 
section 703 of the National Defense Authorization Act for Fiscal Year 
2010 (NDAA for FY10). Specifically, that legislation amends the 
transitional health care dental benefits for Reserve Component members 
on active duty for more than 30 days in support of a contingency 
operation. The legislation entitles these Reserve Component members to 
dental care in the same manner as a member of the uniformed services on 
active duty for more than 30 days, thus providing care to the Reserve 
member in both military dental treatment facilities and authorized 
private sector dental care. This final rule does not eliminate any 
medical or dental care that is currently covered as transitional health 
care for the member.

DATES: Effective January 27, 2012.

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

SUPPLEMENTARY INFORMATION: Section 703 of the National Defense 
Authorization Act for Fiscal Year 2010 (NDAA for FY10), Public Law 111-
84, amends the transitional health care dental benefits for Reserve 
Component members on active duty for more than 30 days in support of a 
contingency operation. The legislation entitles these Reserve Component 
members to dental care in the same manner as a member of the uniformed 
services on active duty for more than 30 days, thus providing care to 
the Reserve member in both military dental treatment facilities and 
authorized private sector dental care. This final rule does not 
eliminate any medical or dental care that is currently covered as 
transitional health care for the member. However the member's 
dependents are not entitled to this enhanced benefit.
    At present, the transitional health care dental benefits for 
Reserve Component members include space available care in military 
dental treatment facilities and eligibility for the TRICARE Dental 
Program (TDP). The implementation of section 703 of NDAA for FY10 will 
enhance the dental benefit to include space required care in military 
dental treatment facilities; military dental treatment facility 
referred care to the private sector; and authorized remote dental care 
in the private sector during the 180 day transitional health care 
period. Both dental treatment facility referred care and remote care 
will be administered by TRICARE's Active Duty Dental Program (ADDP). 
TDP eligibility will begin after the transitional health care period 
ends.
    Reserve Component family members are also eligible for the TRICARE 
Dental Program (TDP). These family members pay 100% of the premiums 
while their sponsor is in Reserve status. If their sponsor is activated 
for more than 30 days, the TDP enrolled Reserve Component family 
members obtain the same benefits as any other TDP enrolled active duty 
family members with the Government subsidizing 60 percent of the 
premium cost for enrolled active duty family members. This change in 
status and subsidy occurs automatically. Upon the sponsor's 
deactivation, the family members automatically revert to Reserve 
Component family member TDP status and pay 100% of the TDP premium 
cost. With the final rule, there is no change to status or eligibility 
for family members.

I. Background

    Currently, Reserve Component members who separate from active duty 
after serving for more than 30 days in support of a contingency 
operation are entitled to dental care under the transitional assistance 
medical program in the same manner as a dependent. This consists of 
only space-available dental care in a military dental treatment 
facility and is very limited.
    This final rule amends the transitional health care dental benefit 
for Reserve Component members who were on active duty for more than 30 
days in support of a contingency operation by providing those members' 
dental care is the same as that for a member of the uniformed services 
on active duty for more than 30 days. This enhanced benefit does not 
apply to member's dependents.
    As mentioned, the transitional health care dental benefits for 
Reserve Component members include space available care in military 
dental treatment facilities. Additionally, Reserve Component members 
are eligible for the TRICARE Dental Program (TDP). The TDP provides 
comprehensive dental care insurance and requires premium and cost-share 
payments but includes an annual maximum per enrollee per contract year 
for non-orthodontic services. This means that the total payments for 
covered dental services (except orthodontic services) for each enrolled 
member will not exceed the annual maximum amount in any contract year. 
The Government subsidizes 60 percent of the premium cost for enrolled 
Reserve Component members. If activated for more than 30 days in 
support of a contingency operation, a TDP enrolled Reserve Component 
member is automatically disenrolled from the TDP and automatically re-
enrolled upon deactivation.
    Under the final rule, a TDP enrolled Reserve Component member 
activated for more than 30 days is still automatically disenrolled from 
the TDP; however, the Reserve Component member will not be 
automatically re-enrolled upon deactivation because the member will be 
entitled to the same dental benefits as an active duty member. The 
Reserve Component member will be TDP eligible and automatically re-
enrolled in the TDP after the Transitional Health Care period is 
completed.
    Reserve Component family members are also eligible for the TRICARE 
Dental Program (TDP). These family members pay 100% of the premiums 
while their sponsor is in Reserve status. If their sponsor is activated 
for more than 30 days, the TDP enrolled Reserve Component family 
members obtain the same benefits as any other TDP enrolled active duty 
family members with the Government subsidizing 60 percent of the 
premium cost for enrolled active duty family members. This change in 
status and subsidy occurs automatically. Upon the sponsor's 
deactivation, the family members automatically revert to Reserve 
Component family member TDP status and pay 100% of the TDP premium 
cost. With the final rule, there is no change to status or eligibility 
for family members.

II. Public Comments

    The proposed rule was published in the Federal Register on January 
13, 2011 (76 FR 2288) for a 60-day comment period. We received only two 
comments on the proposed rule. Both comments were supportive of the 
rule and the enhanced dental benefits offered. No changes have been 
made to the final rule as a result of these comments.

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III. Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review''; Executive 
Order 13563, ``Improving Regulation and Regulatory Review''; and 
Regulatory Flexibility Act

    Executive Orders 12866 and 12563 require 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 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).

Unfunded Mandates

    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 one year.

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--CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED 
SERVICES (CHAMPUS)

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.  199.3 is amended by revising paragraph (e)(3) to read as 
follows:


Sec.  199.3  Eligibility.

* * * * *
    (e) * * *
    (3) TAMP benefits under TRICARE begin on the day after the member 
is separated from active duty, and, if such separation occurred on or 
after November 6, 2003, end 180 days after such date. TRICARE benefits 
available to both the member and eligible family members are generally 
those available to family members of members of the uniformed services 
under this Part. However, during TAMP eligibility, a member of a 
Reserve Component as described in paragraph (e)(1)(ii) of this section, 
is entitled to dental care to which a member of the uniformed services 
on active duty for more than 30 days is entitled. Each branch of 
service will determine eligibility for its members and eligible family 
members and provide data to DEERS.
* * * * *

0
3. Sec.  199.13 is amended by revising paragraph (c)(3)(ii)(E)(1) to 
read as follows:


Sec.  199.13  TRICARE Dental Program.

* * * * *
    (c) * * *
    (3) * * *
    (ii) * * *
    (E) Changes in and termination of enrollment.
    (1) Changes in status of active duty, Selected Reserve or 
Individual Ready Reserve member. When the active duty, Selected Reserve 
or Individual Ready Reserve member is separated, discharged, retired, 
transferred to the Standby or Retired Reserve, his or her enrolled 
dependents and/or the enrolled Selected Reserve or Individual Ready 
Reserve member loses eligibility and enrollment as of 11:59 p.m. on the 
last day of the month in which the change in status takes place. When 
the Selected Reserve or Individual Ready Reserve member is ordered to 
active duty for a period of more than 30 days without a break in 
service, the member loses eligibility and is disenrolled, if previously 
enrolled; however, their enrolled dependents maintain their eligibility 
and previous enrollment subject to eligibility, enrollment and 
disenrollment provisions described in this section and in the TDP 
contract.
    (i) Reserve component members separated from active duty in support 
of a contingency operation. When 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 for more than 30 days, the 
member becomes eligible for Transitional Health Care pursuant to 10 
U.S.C. 1145(a) and the member is entitled to dental care to which a 
member of the uniformed services on active duty for more than 30 days 
is entitled. Thus the member has no requirement for the TDP and is not 
eligible to purchase the TDP. Upon the termination of Transitional 
Health Care eligibility, the member regains TDP eligibility and is 
reenrolled, if previously enrolled.
    (ii) Dependents of members separated from active duty in support of 
a contingency operation. Dependents of 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 for more than 
30 days maintain their eligibility and previous enrollment, subject to 
eligibility, enrollment and disenrollment provisions described in this 
section and in the TDP contract. During the member's Transitional 
Health Care eligibility, the dependents are considered family members 
of Reserve Component members.
    (iii) Members separated from active duty and not covered by 10 
U.S.C. 1145(a)(2)(B). When the previously enrolled active duty member 
is transferred back to the Selected Reserve or Individual Ready 
Reserve, and is not covered by 10 U.S.C. 1145(a)(2)(B), without a break 
in service, the member regains TDP eligibility and is reenrolled; 
however, enrolled dependents maintain their eligibility and previous 
enrollment subject to eligibility, enrollment and disenrollment 
provisions described in this section and in the TDP contract.
    (iv) Eligible dependents of an active duty, Selected Reserve or 
Individual Ready Reserve member serving a sentence of confinement in 
conjunction with a sentence of punitive discharge are still eligible 
for the TDP until such time as the active duty, Selected Reserve or 
Individual Ready Reserve member's discharge is executed.
* * * * *


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    Dated: December 21, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2011-33175 Filed 12-27-11; 8:45 am]
BILLING CODE 5001-06-P