[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Notices]
[Page 17267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06735]


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DEPARTMENT OF VETERANS AFFAIRS


Documentation Required for Identification of Veterans Who Are 
Members of an Indian Tribe

AGENCY: Department of Veterans Affairs.

ACTION: Notice of Tribal Consultation session.

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SUMMARY: The Department of Veterans Affairs (VA), Veterans Health 
Administration (VHA) will facilitate a tribal consultation session to 
receive attendees' feedback regarding the information and documentation 
that VA may utilize for identification of veterans who are members of 
an Indian tribe.

DATES: VA will hold the virtual tribal consultation session on 
Thursday, April 29, 2021, from 1:00-3:00 p.m. (Eastern Time).

ADDRESSES: Participants can access the presentation by logging into the 
following link: https://vacctraining.adobeconnect.com/occ-tribal-consultation/; for audio, please dial 1-800-767-1750, extension 52908. 
Participants will interact by submitting written comments and/or 
questions using the chat function during the presentation. Written 
comments may also be submitted before May 29, 2021, by any of the 
following methods:
     Federal Rulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments;
     Email: [email protected]; or
     Mail to: Department of Veterans Affairs, Suite 915L, 810 
Vermont Avenue NW, Washington, DC 20420.

FOR FURTHER INFORMATION CONTACT: Please email Mr. Joseph Duran, 
Director for Policy, VA Office of Community Care, at 
[email protected], or contact by telephone at 303-370-1637. (This is 
not a toll-free number.)

SUPPLEMENTARY INFORMATION: Section 3002 of Public Law 116-315, Johnny 
Isakson and David P. Roe, M.D. Veterans Health Care and Benefits 
Improvement Act of 2020 (the ``Act''), amended 38 U.S.C. 1730A by 
prohibiting VA from collecting copayments from covered Veterans for the 
receipt of hospital care or medical services under laws administered by 
VA. Pursuant to the Act, covered Veteran means a Veteran who is 
catastrophically disabled, as defined by VA, or an Indian or urban 
Indian (as defined in section 4 of the Indian Health Care Improvement 
Act (25 U.S.C. 1603)). Catastrophically-disabled Veterans have been 
exempt from certain copayments pursuant to section 1730A, since 2010, 
and this exemption is further implemented in VA's copayment regulations 
at Sec. Sec.  17.108, 17.110 and 17.111 of title 38, Code of Federal 
Regulations. Veterans who are Indians or urban Indians will not be 
eligible for copayment exemption until January 5, 2022, as section 3002 
of the Act does not take effect until 1 year from the date of enactment 
of the Act. In order to implement section 3002 of the Act, VA must be 
able to identify Indian and urban Indian Veterans in VA's system of 
enrollment during the registration process to assist with downstream 
applications for copayment billing determinations. This will be a new 
business process to collect official information to recognize Veterans 
who are Indians or urban Indians. This tribal consultation session is 
seeking input from tribal governments, Indians and urban Indians 
regarding documentation that can be used by VA's health care system to 
identify those Veterans who are Indians or urban Indians (as defined in 
25 U.S.C. 1603). Input received during the tribal consultation session 
will be evaluated and as appropriate, incorporated into any rulemaking 
and/or policy for copayment exemptions under 38 U.S.C. 1730A.

Tribal Consultation Topics

    VA seeks responses to the following questions:
    1. In determining whether a Veteran is a member of an Indian tribe, 
could any or all of the following documentation from the Veteran 
provide sufficient documentation?
     Tribal Enrollment Card;
     Certificate of Degree of Indian; or
     Certificate of Indian Blood from an American Indian/Alaska 
Native Tribe.
    2. What other information and/or documentation are available for 
determining if a Veteran is a member of an Indian tribe? To the extent 
possible, please indicate the source of the information and/or how the 
information and/or documentation would assist VA in determining if a 
Veteran is a member of an Indian tribe.
    3. How should VA determine whether a Veteran is a member of an 
Indian tribe? In making this determination, should VA:
     Require documentation be provided by the Veteran;
     Require that the Veteran self-certify that they meet the 
definition; or
     Should this determination be made in some other manner?
    Signing Authority:
    Denis McDonough, Secretary of Veterans Affairs, approved this 
document on March 29, 2021, 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.

Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of 
the Secretary, Department of Veterans Affairs.
[FR Doc. 2021-06735 Filed 3-31-21; 8:45 am]
BILLING CODE 8320-01-P