[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Rules and Regulations]
[Pages 16287-16288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06579]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
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  Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Rules 
and Regulations  

[[Page 16287]]



DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AP91


VA Dental Insurance Program

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document revises Department of Veterans Affairs (VA) 
medical regulations to reflect the codification of the authority for 
the VA Dental Insurance Program (VADIP), a program through which VA 
contracts with private dental insurers to offer premium-based dental 
insurance to enrolled veterans and certain survivors and dependents of 
veterans. The VA Dental Insurance Reauthorization Act of 2016 codified 
the authority of the VADIP, and this final rulemaking accordingly 
revises the authority citation in the VA medical regulations that 
implement VADIP.

DATES: Effective Date: This rule is effective April 4, 2017.

FOR FURTHER INFORMATION CONTACT: Bridget Souza, Deputy Director, 
Business Policy, Office of Community Care (10D), Veterans Health 
Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., 
Washington, DC 20420, (202) 382-2537. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: Section 510 of the Caregivers and Veterans 
Omnibus Health Services Act of 2010, Public Law 111-163, required VA to 
carry out a pilot program to assess the feasibility and advisability of 
providing a dental insurance plan to veterans and certain survivors and 
dependents of veterans, known as the VA Dental Insurance Program 
(VADIP). Under VADIP and as required by law, VA contracts with private 
insurers to offer the dental insurance, and the private insurer is then 
responsible for the actual administration of the dental insurance plans 
and the provision of dental benefits. VA's role under VADIP is 
primarily to form the contract with the private insurer and to verify 
the eligibility of veterans, survivors, and dependents. VA establishes 
VADIP criteria related to eligibility, benefits, enrollment, and other 
program elements as required by law, in 38 CFR 17.169 (78 FR 32126, 79 
FR 62441).
    The VA Dental Insurance Reauthorization Act of 2016, Public Law 
114-218, codified the VADIP authority at 38 U.S.C. 1712C and 
established a sunset date for VADIP of December 31, 2021. Public Law 
114-218 did not otherwise make any substantive changes to the VADIP 
established in section 510 of Public Law 111-163 and implemented in 38 
CFR 17.169. Therefore, the only regulatory change required by Public 
Law 114-218 is the revision of the authority citation for Sec.  17.169 
to read 38 U.S.C. 1712C, and we make this revision in this final rule. 
While we recognize that the authority to operate the VADIP expires on 
December 31, 2021, we do not revise Sec.  17.169 to include this date.

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
final rulemaking, represents VA's implementation of its legal authority 
on this subject. Other than future amendments to this regulation or 
governing statutes, no contrary guidance or procedures are authorized. 
All existing or subsequent VA guidance must be read to conform with 
this rulemaking if possible or, if not possible, such guidance is 
superseded by this rulemaking.

Administrative Procedure Act

    The VA Secretary finds under 5 U.S.C. 553(b)(B) that there is good 
cause to publish this rule without prior opportunity for public 
comment, and under 5 U.S.C. 553(d)(3) that there is good cause to 
publish this rule with an immediate effective date. This rulemaking 
makes a non-substantive change to update the authority citation for 38 
CFR 17.169 (Pub. L. 114-218). Notice and public comment are unnecessary 
because they could not result in any change to this provision. Further, 
since Public Law 114-218 became effective on its date of enactment and 
is already in effect, VA finds good cause to make this change effective 
on the date of its publication.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This final rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3507) requires 
that VA consider the impact of paperwork and other information 
collection burdens imposed on the public. Under 44 U.S.C. 3507(a), an 
agency may not collect or sponsor the collection of information, nor 
may it impose an information collection requirement unless it displays 
a currently valid Office of Management and Budget (OMB) control number 
(5 CFR 1320.8(b)(3)(vi)). This action contains no new or revised 
collections of information.

Regulatory Flexibility Act

    The VA Secretary hereby certifies that this final rule will not 
have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act (5 
U.S.C. 601-12). This final rule merely updates the authority citation 
for 38 CFR 17.169; it does not revise any substantive criteria in the 
regulation, and this rulemaking will not affect any small entities. 
Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from 
the regulatory flexibility analysis requirements of section 604.

Executive Order 13563 and Executive Order 12866

    Executive Orders 13563 and 12866 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health, and safety effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review)

[[Page 16288]]

emphasizes the importance of quantifying both costs and benefits, 
reducing costs, harmonizing rules, and promoting flexibility. Executive 
Order 12866 (Regulatory Planning and Review) defines a ``significant 
regulatory action,'' requiring review by the Office of Management and 
Budget (OMB), unless OMB waives such review, as ``any regulatory action 
that is likely to result in a rule that may: (1) Have an annual effect 
on the economy of $100 million or more or adversely affect in a 
material way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities; (2) Create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; (3) Materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; or (4) Raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this final rule have been examined and determined not 
to be a significant regulatory action under Executive Order 12866. VA's 
impact analysis can be found as a supporting document at http://www.regulations.gov, usually within 48 hours after the rulemaking 
document is published. Additionally, a copy of the rulemaking and its 
impact analysis are available on VA's Web site at http://www.va.gov/orpm/, by following the link for ``VA Regulations Published From FY 
2004 Through Fiscal Year to Date.''

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this rule are 64.009 Veterans Medical Care 
Benefits and 64.011 Veterans Dental Care.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Gina S. 
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, 
approved this document on March 29, 2017, for publication.

    Dated: March 30, 2017.
Janet Coleman,
Chief, Office of Regulation Policy & Management, Office of the 
Secretary, Department of Veterans Affairs.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Dental health, Government 
contracts, Health care, Health professions, Health records, Veterans.

    For the reasons set forth in the supplementary information of this 
rulemaking, the Department of Veterans Affairs amends 38 CFR part 17 as 
follows:

PART 17--MEDICAL

0
1. The authority citation for part 17 is amended by adding an entry for 
Sec.  17.169 in numerical order to read in part as follows:

    Authority: 38 U.S.C. 501, and as noted in specific sections.
* * * * *
    Section 17.169 also issued under 38 U.S.C. 1712C.
* * * * *


Sec.  17.169  [Amended]

0
2. Amend Sec.  17.169 by removing the sectional authority citation.

[FR Doc. 2017-06579 Filed 4-3-17; 8:45 am]
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