[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Rules and Regulations]
[Pages 27512-27513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09905]


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RAILROAD RETIREMENT BOARD

20 CFR Part 220

RIN 3220-AB77


Consultative Examinations

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

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SUMMARY: The Railroad Retirement Board amends its regulations 
concerning consultative examinations used in adjudication of claims for 
disability annuities. The amendment permits psychological and 
psychiatric consultative examinations to be conducted through the use 
of video teleconferencing technology. The amendment allows the remote 
conduct of examinations where physical contact is not required and 
facilitates medical evaluations when physical proximity is not 
feasible.

DATES: This regulation is effective May 9, 2022.

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, (312) 751-4945, 
TTD (312) 751-4701, [email protected].

SUPPLEMENTARY INFORMATION: The Railroad Retirement Board (Board) amends 
its disability regulations to allow video teleconferencing technology 
(VTT) to be used to conduct a psychological or a psychiatric 
consultative examination in a case where such technology permits proper 
evaluation of a claimant. A VTT consultative examination is an 
examination conducted through a telecommunications system that allows 
the examining physician or psychologist and the claimant to see and 
hear each other for the purpose of communication in real time. A VTT 
consultative examination must comply with all requirements for 
consultative examinations in subpart G of part 220 of the Board's 
regulations, 20 CFR part 220, subpart G. In addition, the following 
requirements must be followed if a VTT consultative examination is 
used. The examining

[[Page 27513]]

physician or psychologist must be currently licensed in the state in 
which the provider practices.
    The examining physician or psychologist must have the training and 
experience to perform the type of examination requested. The examining 
physician or psychologist must have access to VTT, and the claimant 
must live in the same state in which the provider practices. The 
claimant shall have the right to refuse a VTT consultative examination 
without penalty.
    A proposed rule was published on February 3, 2022, and comments 
were requested by April 4, 2022, 87 FR 6094, February 3, 2022. One 
comment was submitted. While expressing support for the proposed change 
as ``a positive change by the agency to embrace the technological 
transformation,'' the commenter quoted the proposed sentence in Sec.  
220.57(c)(2), which states that ``[t]he examining physician or 
psychologist has the training and experience to perform the type of 
examination requested'' and commented that this statement does not 
quantify the required minimum years of experience for the examining 
physician or psychologist. The commenter explained that unless years of 
experience are specified, any physician with just 1 prior experience of 
performing such kind of examination will be qualified and suggested 
that the minimum number of years of experience be added to the clause 
to avoid any confusion and make the rule clear. The Board considered 
the commenter's suggestion, but decided not to quantify a minimum 
number of years of experience to use VTT as the examining physician or 
psychologist would be licensed and in good standing in the state in 
which he or she practices and would have the training and experience 
necessary to perform the type of examination or test required.
    No changes were made in the proposed rule, which is now being 
published as a final regulation.

Regulatory Requirements

Executive Order 12866, as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this final rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563.

Executive Order 13132 (Federalism)

    This final rule will not have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, the Board believes that this final rule will 
not have sufficient federalism implications to warrant the preparation 
of a federalism summary impact statement.

Regulatory Flexibility Act

    We certify that this final rule would not have a significant 
economic impact on a substantial number of small entities because the 
final rule affects individuals only. Therefore, a regulatory 
flexibility analysis is not required under the Regulatory Flexibility 
Act, as amended.

Unfunded Mandates Reform Act of 1995

    This final 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 one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions are deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Paperwork Reduction Act

    This final rule does not create any new or affect any existing 
collections and, therefore, does not require OMB approval under the 
Paperwork Reduction Act.

List of Subjects in 20 CFR Part 220

    Disability benefits, Railroad employees, Railroad retirement.

    For the reasons discussed in the preamble, the Railroad Retirement 
Board amends 20 CFR part 220 as follows:

PART 220--DETERMINING DISABILITY

0
1. The authority citation for part 220 continues to read as follows:

    Authority:  45 U.S.C. 231a; 45 U.S.C. 231f.


0
2. Amend Sec.  220.57 by adding paragraph (c) to read as follows:


Sec.  220.57  Types of purchased examinations and selection of sources.

* * * * *
    (c) Use of video teleconferencing technology. Video 
teleconferencing technology (VTT) may be used for a psychological or a 
psychiatric consultative examination provided that the following 
requirements are met:
    (1) The examining physician or psychologist is currently state-
licensed in the state in which the provider practices;
    (2) The examining physician or psychologist has the training and 
experience to perform the type of examination requested;
    (3) The examining physician or psychologist has access to video 
teleconferencing technology;
    (4) The examining physician or psychologist is permitted to perform 
the exam in accordance with state licensing laws and regulations;
    (5) The protocol for the examination does not require physical 
contact;
    (6) The claimant has the right to refuse a VTT examination without 
penalty; and
    (7) The VTT examination complies with all requirements in this 
subpart governing consultative examinations.

    Dated: May 4, 2022.

    For the Board.
Stephanie Hillyard,
Secretary to the Board.
[FR Doc. 2022-09905 Filed 5-6-22; 8:45 am]
BILLING CODE 7905-01-P