[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Rules and Regulations]
[Pages 26543-26544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11939]
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Rules and Regulations
Federal Register
________________________________________________________________________
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.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Rules
and Regulations
[[Page 26543]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 894
RIN 3206-AN58
Federal Employees Dental and Vision Insurance Program: Extension
of Eligibility to Certain TRICARE-Eligible Individuals; Effective Date
of Enrollment
AGENCY: Office of Personnel Management.
ACTION: Final rule; correction.
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SUMMARY: In this final rule, the Office of Personnel Management (OPM)
is finalizing an interim final rule that expanded eligibility for
enrollment in the Federal Employees Dental and Vision Insurance Program
(FEDVIP) to additional groups. The National Defense Authorization Act
for Fiscal Year 2017 (FY17 NDAA) expanded FEDVIP eligibility to certain
TRICARE-eligible individuals (TEIs). This final rule adopts the interim
final rule and corrections as published. This final rule also includes
technical clarifications to the interim final rule.
DATES: This final rule is effective June 7, 2019.
FOR FURTHER INFORMATION CONTACT: Julia Elam, Program Analyst, at
[email protected] or (202) 606-2128.
SUPPLEMENTARY INFORMATION: On November 19, 2018, OPM issued an interim
final rule (83 FR 58175) amending 5 CFR 894, to expand eligibility for
enrollment in the FEDVIP to certain TEIs. OPM provided 60 days for the
public to comment on the interim final rule. The comment period expired
on January 18, 2019. OPM received no public comments. A correcting
amendment, published on February 5, 2019, (84 FR 1599) corrected the
interim final regulations by adding the definition for ``TEI family
member'' and also amended an incorrect reference regarding the
restriction on dual enrollments.
FEDVIP is administered by OPM in accordance with 5 U.S.C. chapters
89A and 89B and implementing regulations (5 CFR part 894). Section 715
of Public Law 114-328 authorizes the Secretary of Defense to enter into
an agreement with the OPM Director to allow certain TEIs to enroll, or
to be covered under an enrollment in FEDVIP. Further information about
this rule can be found in the interim final rule.
This final rule also includes technical clarifications to the
interim final regulations. First, in the supplementary information of
the interim final rule, it should state, ``As of March 31, 2018, FEDVIP
has 3.4 million enrollees with approximately 4.7 million covered
individuals. Secondly, in 5 CFR 894.101, the term ``military'' is
removed from the definition of sponsor in reference to the Reserves
because all Reserves are not military. For example, the Coast Guard has
a Reserve but is not military as it is an Armed Force. Thirdly, in 5
CFR 894.306 and 5 CFR 894.814, OPM clarifies that while a foster child
of a TEI is generally excluded from FEDVIP eligibility, a foster child
of a TEI who is a ward in the legal custody of a sponsor is eligible as
a TEI family member. Lastly, the term sponsor should be in italics as
it is a defined term, and the first letter of the term does not appear
in italics in the interim final rule in 5 CFR 894.309 (a)(1), (a)(2),
and (b)(1).
Expected Impact of the Final Rule
This rule is a deregulatory action because it offers more dental
coverage options and new vision coverage in FEDVIP for TRICARE-eligible
individuals. TRDP beneficiaries currently have one option for dental
coverage or can seek coverage in the private dental insurance market.
Vision coverage is a new government-offered benefit for this
population. Eligibility to enroll in FEDVIP provides more coverage
options for these individuals than are currently available to them.
OPM contracts with 10 dental carriers and 4 vision carriers to
offer plans under FEDVIP. There are 15 dental plan options available
across FEDVIP from these 10 dental carriers. Within the 4 vision
carriers, there are 8 vision plan options that are nationwide and
internationally available to all potential enrollees. While the rule
expands the number of individuals who are potentially eligible for this
FEDVIP, it will not have a large impact on the broader dental or vision
insurance markets as FEDVIP generally constitutes a smaller percentage
of an overall carrier's book of business.
Regulatory Impact Analysis
OPM has examined the impact of this rule as required by Executive
Order 12866 and Executive Order 13563, which directs agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public,
health, and safety effects, distributive impacts, and equity). This
rule is not a ``significant regulatory action,'' under Executive Order
12866 and has not been reviewed by OMB.
Reducing Regulation and Controlling Regulatory Costs
This final rule is considered an E.O. 13771 deregulatory action.
Details can be found in the Expected Impact of The Final Rule section
of the rule.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities.
Federalism
We have examined this rule in accordance with Executive Order
13132, Federalism, and have determined that this rule will not have any
negative impact on the rights, roles and responsibilities of State,
local, or tribal governments.
Civil Justice Reform
This regulation meets the applicable standard set forth in
Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local or
tribal governments of more than $100 million annually. Thus, no written
assessment of unfunded mandates is required.
Congressional Review Act
This action pertains to agency management, personnel and
organization and does not substantially
[[Page 26544]]
affect the rights or obligations of nonagency parties and, accordingly,
is not a ``rule'' as that term is used by the Congressional Review Act
(Subtitle E of the Small Business Regulatory Enforcement Fairness Act
of 1996 (SBREFA)). Therefore, the reporting requirement of 5 U.S.C. 801
does not apply.
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35)
Notwithstanding any other provision of law, no person is required
to respond to, nor shall any person be subject to a penalty for failure
to comply with a collection of information subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number.
This rule involves a collection of information subject to the PRA
for the Federal Employees Dental and Vision Insurance Program (FEDVIP)
Enrollment System, known as BENEFEDS OPM is in the process of seeking
OMB approval. The public reporting burden for this collection is
estimated to average 8 minutes for a respondent to submit an enrollment
including time for reviewing education and support but may not include
time for reviewing a plan and specific benefits. The total burden hour
estimate for this form is 44,307 hours. The systems of record notice
for this collection is: Central-1 found on https://www.opm.gov/information-management/privacy-policy/sorn/opm-sorn-central-1-civil-service-retirement-and-insurance-records.pdf.
List of Subjects in 5 CFR Part 894
Administrative practice and procedure, Government employees, Health
facilities, Health insurance, Health professions, Hostages, Iraq,
Kuwait, Lebanon, Military personnel, Reporting and recordkeeping
requirements, Retirement.
Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.
Accordingly, the interim final rule amending 5 CFR part 894, which
was published on November 19, 2018, and the correcting amendments,
published on February 5, 2019, are adopted as final without change, and
5 CFR part 894 is further amended by making the following correcting
amendments:
PART 894--FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM
0
1. The authority citation for part 894 continues to read as follows:
Authority: 5 U.S.C. 8962; 5 U.S.C. 8992; Subpart C also issued
under section 1 of Pub. L. 110-279, 122 Stat. 2604; Pub. L. 114-328.
Subpart A--Administration and General Provisions
0
2. Amend Sec. 894.101 by revising the definition for ``sponsor'' to
read as follows:
Sec. 894.101 Definitions.
* * * * *
Sponsor generally means the individual who is eligible for medical
or dental benefits under 10 U.S.C. chapter 55 based on his or her
direct affiliation with the uniformed services (including members of
the National Guard and Reserves), in accordance with Sec. 894.804.
* * * * *
Subpart C--Eligibility
0
3. Revise Sec. 894.306 to read as follows:
Sec. 894.306 Are foster children eligible as family members?
Generally, foster children are eligible for coverage as family
members under FEDVIP. However, a foster child is excluded from the
definition of a TEI family member, except a foster child who is a ward
in the legal custody of a sponsor. A pre-adoptive child and an eligible
ward in the legal custody of a sponsor are eligible as TEI family
members.
Subpart H--Special Provisions for TRICARE-Eligible Individuals
(TEI)
0
4. Revise Sec. 894.814 to read as follows:
Sec. 894.814 Is a foster child included in the definition of TEI
family member?
Generally, a foster child is excluded from coverage as they are not
defined to be a TEI family member. However, a pre-adoptive child,
adopted child, and an eligible ward in the legal custody of a sponsor,
including a foster child who is a ward in the legal custody of a
sponsor, are considered TEI family members.
[FR Doc. 2019-11939 Filed 6-6-19; 8:45 am]
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