[Federal Register Volume 85, Number 58 (Wednesday, March 25, 2020)]
[Rules and Regulations]
[Pages 16907-16910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06015]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
48 CFR Parts 1603 and 1652
RIN 3206-AN56
Federal Employees Health Benefits Acquisition Regulations: Self
Plus One and Contract Matrix Update
AGENCY: Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of Personnel Management (OPM) is making a technical
correction to the Federal Employees Health Benefits Acquisition
Regulations (FEHBAR) to add the self plus one enrollment type to
carrier advertising instructions. OPM is also updating and amending the
Federal Employees Health Benefits (FEHB) Program contract clause
matrix.
DATES: This rule is effective March 25, 2020.
FOR FURTHER INFORMATION CONTACT: Michael W. Kaszynski, Senior Policy
Analyst, at [email protected].
SUPPLEMENTARY INFORMATION: On April 2, 2019, OPM issued proposed
regulations to the FEHBAR (84 FR 12569) to list a self plus one
enrollment type in carrier advertising instructions. The proposed rule
clarified that carriers are required to list all current enrollment
types when advertising their health plans enrollment codes and premium
rates to enrollees. This change is a technical correction and does not
alter current FEHB family member eligibility guidelines.
Section 706 of the Bipartisan Budget Act of 2013 amended chapter 89
of title 5 United States Code by adding a self plus one enrollment type
for Federal employees and annuitants under the FEHB Program. The self
plus one enrollment type became available during the 2015 Open Season
for the 2016 plan year and was codified in a final rule at https://www.federalregister.gov/documents/2015/09/17/2015-23348/federal-employees-health-benefits-program-self-plus-one-enrollment-type. A self
plus one enrollment covers the enrollee and one eligible family member,
designated by the enrollee. Eligible family members under a self plus
one enrollment include a spouse or eligible child as set forth in Sec.
890.302 of title 5 CFR.
This final rule amends the FEHBAR at 48 CFR part 1603 to list a
self plus one enrollment type in the advertising instructions. OPM
considers this change a technical correction as it does not change the
operational requirements of the FEHB Program and does not alter current
FEHB family member eligibility guidelines.
This final rule also updates and amends the contract clause matrix
to align with current FAR and FEHBAR requirements. OPM publishes
applicable contract clauses and clause headings in the FEHBAR.
Annually, OPM determines which Federal Acquisition Regulation (FAR) and
FEHBAR contract clauses are applicable to FEHB carrier contracts and
includes them in these contracts.
The proposed regulation provided notice to interested stakeholders
that OPM is updating the FEHBAR contract clause matrix at 48 CFR
1652.370. This final regulation updates the contract clause matrix to
align with current FAR and FEHBAR requirements and include clauses
currently incorporated in all Federal Employees Health Benefits (FEHB)
Program carrier contracts.
Response to Comments
The 30-day comment period for the proposed rule ended on May 2,
2019. OPM received comments from a citizen and an association of FEHB
health organizations. The citizen commenter, who supports the
regulatory change, asserted that is important that federal
[[Page 16908]]
workers have a clear ability to see self and self plus one codes.
OPM also received comments from an association of health
organizations. The association expressed support for OPM's update to
the FEHBAR matrix and suggested a few technical corrections. The
commenter stated that the title at FAR 52.204-7 should read ``Award
Management.'' This change has been incorporated into this final rule.
The commenter also proposed a change at FAR 52.203-19 (Prohibition
on Requiring Certain Internal Confidentiality Agreements or Statements)
to apply this clause to only community rated carrier contracts. FAR
3.909-3(b)(1) directs us to include the clause at 52.203-19,
Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements, in all solicitations and resultant contracts, other than
personal services contracts with individuals. Therefore, no change has
been made to the final rule based on this comment.
The commenter stated that FAR Clause 52.204-9, captioned
``Personnel Identity Verification of Contractor Personnel'' applies to
experience rated carrier contracts based on their use of OPM's letter
of credit system but suggested that the clause does not apply to
community rated carriers. OPM agrees with this comment. Accordingly,
the ``T'' has been removed from community rated carrier contracts
column of the matrix for this clause.
The commenter recommended that we adopt FAR 52.204-23 (Prohibition
on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities) for both
community rated and experience rated carrier contracts. We agree that
this is an appropriate change, so we have added the clause to the
matrix for both experience rated and community rated carrier contracts.
The commenter also proposed that we update the FEHBAR Truth in
Negotiations Act (TINA) threshold. The FEHBAR contract clauses that
reference the TINA dollar threshold state that the threshold shall be
adjusted by the same amount and at the same time as any change to the
threshold for application of the Truth in Negotiations Act pursuant to
41 U.S.C. 254b(a)(7). Therefore, the clauses are self-updating and
there is no need to further update the FEHBAR.
Regulatory Impact Analysis
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, distribute impacts, and equity). Executive
Order 13563 also emphasizes the importance of quantifying both costs
and benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule is not a significant regulatory action under
E.O. 12866.
Reducing Regulation and Controlling Regulatory Costs
This final rule is not an E.O. 13771 regulatory action because is
not significant under E.O. 12866.
Regulatory Flexibility Act
The Office of Personnel Management certifies that this rule 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, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Congressional Review Act
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of no agency 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
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 an
OMB approved collection of information subject to the PRA--OMB No.
3206-0160, Health Benefits Election Form. The public reporting burden
for this collection is estimated to average 30 minutes per response,
including time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. The total burden hour estimate
for this form is 9,000 hours. The systems of record notice for this
collection is: OPM/Central 1 Civil Service Retirement and Insurance
Records, available at https://www.opm.gov/information-management/privacy-policy/sorn/opm-sorn-central-1-civil-service-retirement-and-insurance-records.pdf.
List of Subjects in 48 CFR Parts 1603 and 1652
Government employees, Government procurement, Health insurance,
Reporting and recordkeeping requirements.
Office of Personnel Management.
Alexys Stanley,
Regulatory Affairs Analyst.
Accordingly, OPM amends title 48, Code of Federal Regulations,
parts 1603 and 1652, as follows:
PART 1603--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
1. The authority citation for part 1603 continues to read as follows:
Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 48 CFR 1.301.
0
2. In Sec. 1603.7002, paragraph (e) is revised to read as follows:
1603.7002 Additional guidelines.
* * * * *
(e)(1) Not give instructions on enrollment. Statements on
enrollment procedures, requirements, or eligibility shall be limited to
those such as: To sign up, fill out a Health Benefits Election Form
(Standard Form 2809) from your personnel office indicating the
enrollment you want or use your agency's electronic enrollment system.
(2) The enrollment codes for (plan's name) are:
(i) Self Only __ Enrollment Code __
(i) Self Plus One __ Enrollment Code __
[[Page 16909]]
(iii) Self and Family __ Enrollment Code __
(3) The form must then be returned to your personnel office before
the (date) deadline. Your (plan's name) coverage will begin the first
pay period in January, (year). If you are a retired Federal employee
and need forms, contact the Office of Personnel Management, 1900 E
Street NW, Attn: Retirement Benefits Branch, Washington, DC 20415 or
visit www.opm.gov/forms.
* * * * *
PART 1652--CONTRACT CLAUSES
0
3. The authority citation for part 1652 continues to read as follows:
Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 48 CFR 1.301.
0
4. Section 1652.370 is revised to read as follows
1652.370 Use of the matrix.
(a) The matrix in this section lists the FAR and FEHBAR clauses to
be used with contracts based on cost analysis and contracts based on a
combination of cost and price analysis. Carriers shall submit initial
applications and requests for renewals on the basis that the new
contract or contract renewal will include the clauses indicated.
(b) Certain contract clauses are mandatory for FEHBP contracts.
Other clauses are to be used only when made applicable by pertinent
sections of the FAR or FEHBAR. An ``M'' in the ``Use Status'' column
indicates that the clause is mandatory. An ``A'' indicates that the
clause is to be used only when the applicable conditions are met.
(c) Clauses are incorporated in the contract either in full text or
by reference. If the full text is to be used, the matrix indicates a
``T''. If the clause is incorporated by reference, the matrix indicates
an ``R''.
FEHBP Clause Matrix
----------------------------------------------------------------------------------------------------------------
Use with Use with
Clause Title Use status experience community rated
rated contracts contracts
----------------------------------------------------------------------------------------------------------------
FAR 52.202-1...................... Definitions.............. M T T
FAR 52.203-3...................... Gratuities............... M T T
FAR 52.203-5...................... Covenant Against M T T
Contingent Fees.
FAR 52.203-7...................... Anti-Kickback Procedures. M T T
FAR 52.203-12..................... Limitation on Payments to M T T
Influence Certain
Federal Transactions.
FAR 52.203-13..................... Contractor Code of M T T
Business Ethics and
Conduct.
FAR 52.203-17..................... Contractor Employee M T T
Whistleblower Rights and
Requirement to Inform
Employees of
Whistleblower Rights.
FAR 52.203-19..................... Prohibition Requiring M T T
Internal Confidentiality
Agreements or Statements.
FAR 52.204-7...................... System For Award M T T
Management.
FAR 52.204-9...................... Personnel Identity M T ...............
Verification of
Contractor Personnel.
FAR 52.204-21..................... Basic Safeguarding of M T T
Contractor Information
Systems.
FAR 52.204-23..................... Prohibition on M T T
Contracting for
Hardware, Software, and
Services Developed or
Provided by Kaspersky
Lab and Other Covered
Entities.
FAR 52.209-9...................... Updates of Publicly M T ...............
Available Information
Regarding Responsibility
Matters.
1652.203-70....................... Misleading, Deceptive, or M T T
Unfair Advertising.
1652.204-70....................... Contractor Records M T T
Retention.
1652.204-71....................... Coordination of Benefits. M T T
1652.204-72....................... Filing Health Benefit M T T
Claims/Court Review of
Disputed Claims.
1652.204-73....................... Taxpayer Identification M T T
Number.
1652.204-74....................... Large Provider Agreements M T ...............
FAR 52.209-6...................... Protecting the M T T
Government's Interest
When Subcontracting With
Contractors Debarred,
Suspended, or Proposed
for Debarment.
FAR 52.215-2...................... Audit & Records-- M T T
Negotiation.
FAR 52.215-10..................... Price Reduction for M T ...............
Defective Cost or
Pricing Data.
FAR 52.215-12..................... Subcontractor Certified M T ...............
Cost or Pricing Data.
FAR 52.215-15..................... Pension Adjustments and M T ...............
Asset Reversions.
FAR 52.215-18..................... Reversion or Adjustment M T ...............
of Plans for
Postretirement Benefits
(PRB) Other Than
Pensions.
1652.215-70....................... Rate Reduction for M T T
Defective Pricing or
Defective Cost or
Pricing Data.
1652.215-71....................... Investment Income........ M T ...............
1652.216-70....................... Accounting and Price M ............... T
Adjustment.
1652.216-71....................... Accounting and Allowable M T ...............
Cost.
FAR 52.219-8...................... Utilization of Small M T T
Business Concerns.
FAR 52.222-1...................... Notice to the Government M T T
of Labor Disputes.
FAR 52.222-3...................... Convict Labor............ M T T
FAR 52.222-4...................... Contract Work Hours and M T T
Safety Standards Act--
Overtime Compensation.
FAR 52.222-21..................... Prohibition of Segregated M T T
Facilities.
FAR 52.222-26..................... Equal Opportunity........ M T T
FAR 52.222-29..................... Notification of Visa A T T
Denial.
FAR 52.222-35..................... Equal Opportunity for M T T
Veterans.
FAR 52.222-36..................... Equal Opportunity for M T T
Workers With
Disabilities.
[[Page 16910]]
FAR 52.222-37..................... Employment Reports on M T T
Veterans.
FAR 52.222-50..................... Combating Trafficking in M T T
Persons.
FAR 52.222.54..................... Employment Eligibility M T T
Verification.
1652.222-70....................... Notice of Significant M T T
Events.
FAR 52.223-6...................... Drug-Free Workplace...... A T T
FAR 52.223-18..................... Encouraging Contractor M T T
Policies to Ban Text
Messaging While Driving.
1652.224-70....................... Confidentiality of M T T
Records.
FAR 52.227-1...................... Authorization and Consent M T T
FAR 52.227-2...................... Notice and Assistance M T T
Regarding Patent and
Copyright Infringement.
FAR 52.229-4...................... Federal, State and Local M T T
Taxes (State and local
Adjustments.
1652.229-70....................... Taxes--Foreign Negotiated A T T
Benefits Contracts.
FAR 52.232-8...................... Discounts for Prompt M T T
Payment.
FAR 52.232-17..................... Interest................. M T T
FAR 52.232-23..................... Assignment of Claims..... A T T
FAR 52.232-33..................... Payment by Electronic M T T
Funds Transfer--System
for Awards Management.
1652.232-70....................... Payments--Community-Rated A ............... T
Contracts.
1652.232-71....................... Payments--Experience- A T ...............
Rated Contracts.
1652.232-72....................... Non-Commingling of FEHBP M T ...............
Funds.
1652.232-73....................... Approval for Assignment M T T
of Claims.
FAR 52.233-1...................... Disputes................. M T T
FAR 52.233-4...................... Applicable Law for Breach M T T
of Contract Claim.
FAR 52.239-1...................... Privacy or Security M T T
Safeguards.
FAR 52.242-1...................... Notice of Intent to M T ...............
Disallow Costs.
FAR 52.242-3...................... Penalties for Unallowable M T ...............
Costs.
FAR 52.242-13..................... Bankruptcy............... M T T
1652.243-70....................... Changes--Negotiated M T T
Benefits Contracts.
FAR 52.244-5...................... Competition in M T ...............
Subcontracting.
FAR 52.244-6...................... Subcontracts for M T ...............
Commercial Items.
1652.244-70....................... Subcontracts............. M T ...............
1652.245-70....................... Government Property M T T
(Negotiated Benefits
Contracts).
FAR 52.246-25..................... Limitation of Liability-- M T ...............
Services.
1652.246-70....................... FEHB Inspection.......... M T T
FAR 52.247-63..................... Preference for U.S.-Flag M T T
Air Carriers.
1652.249-70....................... Renewal and Withdrawal of M T T
Approval.
1652.249-71....................... FEHBP Termination for M T T
Convenience of the
Government--Negotiated
Benefits Contracts.
1652.249-72....................... FEHBP Termination for M T T
Default--Negotiated
Benefits Contracts.
FAR 52.251-1...................... Government Supply Sources A T ...............
FAR 52.252-4...................... Alterations in Contract.. A T T
FAR 52.252-6...................... Authorized Deviations in M T T
Clauses.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2020-06015 Filed 3-24-20; 8:45 am]
BILLING CODE 6325-63-P