[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
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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.

-----------------------------------------------------------------------

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]
 BILLING CODE 6325-64-P