[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Rules and Regulations]
[Pages 27968-27969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12578]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
42 CFR Parts 22 and 32
RIN 0906-AB20
Removing Outdated Regulations Regarding the National Hansen's
Disease Program
AGENCY: Health Resources and Services Administration (HRSA), Department
of Health and Human Services (HHS).
ACTION: Final rule.
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SUMMARY: This action removes the outmoded HHS regulations for the
National Hansen's Disease Program (NHDP). Due to superseding events and
statutory changes, NHDP's regulations are obsolete.
DATES: This action is effective July 17, 2019.
FOR FURTHER INFORMATION CONTACT: Jeri Pickett, Director, Division of
National Hansen's Disease Programs, 1770 Physicians Park Drive, Baton
Rouge, Louisiana 70816, by phone at (225) 756-3774, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: In response to Executive Order 13563,
Section 6(a), which urges agencies to repeal existing regulations that
are outmoded from the Code of Federal Regulations (CFR), HHS is
removing 42 CFR 22.1 and 42 CFR part 32. HHS believes that there is
good cause to bypass notice and comment and proceed to a final rule,
pursuant to 5 U.S.C. 553(b)(B). The action is non-controversial, as it
merely removes obsolete provisions from the CFR. This rule poses no new
substantive requirements on the public. Thus, we view notice and
comment as unnecessary.
Background
Regulations pertaining to the NHDP appear at 42 CFR 22.1,
``Hansen's Disease Duty by Personnel Other than Commissioned Officers''
and 42 CFR part 32, ``Medical Care for Persons with Hansen's Disease
and Other Persons in Emergencies.'' The NHDP regulation at Part 22.1
was originally published at 50 FR 43146 (October 24, 1985) and was
superseded by the Consolidated Omnibus Budget Reconciliation Act of
1985 (COBRA), Public Law 99-272 (April 7, 1986). The NHDP regulations
under Part 32 were originally published at 40 FR 25816 (June 19, 1975),
and later amended by 40 FR 36774 (August 22, 1975), 46 FR 51918
(October 23, 1981), and 48 FR 10318 (March 11, 1983). The NHDP
authorizing statute was substantially amended after these regulations
were promulgated. See 42 U.S.C. 247e; Public Law 105-78 (Nov. 13,
1997), amended by Public Law 107-220 (Aug. 21, 2002).
For the reasons indicated below, the regulations at 42 CFR 22.1 and
42 CFR part 32 are outdated, unnecessary, and/or redundant. First, as
noted above, Section 22.1 was superseded by Public Law 99-272. Second,
Part 32 references a Public Health Service Hospital in Carville,
Louisiana, but there is no longer a Public Health Services Hospital in
Carville, Louisiana. See 42 CFR 32.86 -.87. Third, section 32.1
references ``the Director, Bureau of Health Care Delivery and
Assistance.'' This Bureau no longer exists at HRSA, and other terms set
forth in section 32.1 are defined elsewhere in the Public Health
Service Act. See 42 U.S.C. 201. Fourth, the NHDP
[[Page 27969]]
authorizing statute, 42 U.S.C. 247e, only permits the Secretary to
provide short-term care and treatment, including outpatient care, for
Hansen's Disease and related complications at or through the National
Hansen's Disease Programs Center, with the limited exception of a small
number of patients who were patients of the Gillis W. Long Hansen's
Disease Center as of October 1, 1996. However, Part 32 references
inpatient care, hospitals, hospitalization, discharge, and hospitalized
non-beneficiaries. See, e.g., 42 CFR 32.6, 32.86, 32.87, 32.89 32.91,
and 32.111. Fifth, section 32.90 contains provisions regarding
notification to health authorities but such notifications have been
rendered obsolete in light of changes in management of the disease.
Lastly, the NHDP can rely upon statutory authority to continue to
operate in the absence of the regulations at part 22.1 and 32. In light
of the foregoing, we are rescinding the regulations promulgated under
42 CFR 22.1, ``Hansen's Disease Duty by Personnel Other than
Commissioned Officers'' and 42 CFR part 32, ``Medical Care for Persons
with Hansen's Disease and Other Persons In Emergencies''. We will
continue to operate the NHDP relying on statutory authority alone.
Executive Orders 12866, 13563, 13771, and 13777
Executive Orders 12866 and 13563 direct 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).
Section 3(f) of Executive Order 12866 defines a ``significant
regulatory action'' 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
th[e] Executive Order.''
A regulatory impact analysis must be prepared for major rules with
economically significant effects ($100 million or more in any 1 year).
HHS submits that this final rule is not economically significant as
measured by the $100 million threshold, and hence not a major rule
under the Congressional Review Act. This rule has not been designated
as a significant regulatory action as defined by Executive Order 12866.
As such, it has not been reviewed by the Office of Management and
Budget.
Executive Order 13771, titled ``Reducing Regulation and Controlling
Regulatory Costs,'' was issued on January 30, 2017. Pursuant to
Executive Order 13771, HHS identifies this final rule as a deregulatory
action (i.e., removing an obsolete rule from the Code of Federal
Regulations). For the purposes of Executive Order 13771, this final
rule is not a substantive rule; rather it is administrative in nature
and provides no cost savings.
On February 24, 2017, the President issued Executive Order 13777
titled ``Enforcing the Regulatory Reform Agenda''. As required by
Section 3 of the Executive Order, HHS established a Regulatory Reform
Task Force (HHS Task Force) to review existing regulations and make
recommendations regarding their repeal, replacement, or modification.
The HHS Task Force evaluated the NHDP regulations at 42 CFR 22.1 and 42
CFR 32 and determined them to be outdated, unnecessary, or ineffective.
Thus, the HHS Task force advised initiating this final rule to remove
the obsolete regulations from the Code of Federal Regulations.
Regulatory Flexibility Act
This action will not have a significant impact on a substantial
number of small entities. Therefore, the regulatory flexibility
analysis provided for under the Regulatory Flexibility Act is not
required.
Paperwork Reduction Act
This action does not affect any information collections.
Dated: May 20, 2019.
George Sigounas,
Administrator, Health Resources and Services Administration.
Approved: June 7, 2019.
Alex M. Azar II,
Secretary, Department of Health and Human Services.
List of Subjects
42 CFR Part 22
Diseases, Government employees, Health professions, Wages.
42 CFR Part 32
Diseases, Health care.
For reasons stated in the preamble, 42 CFR parts 22 and 32 are
amended as follows:
PART 22--PERSONNEL OTHER THAN COMMISSIONED OFFICERS
0
1. The authority citation for part 22 continues to read as follows:
Authority: Sec. 208(e) of the Public Health Service Act, 42
U.S.C. 210(e); E.O. 11140, 29 FR 1637.
Sec. 22.1 [Removed]
0
2. Section 22.1 is removed.
PART 32--[REMOVED]
0
3. Under the authority of 5 U.S.C. 301, part 32 is removed.
[FR Doc. 2019-12578 Filed 6-14-19; 8:45 am]
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