[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Proposed Rules]
[Pages 2288-2290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-623]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DoD-2010-HA-0113; RIN 0720-AB46]


TRICARE; Changes Included in the National Defense Authorization 
Act for Fiscal Year 2010; Enhancement of Transitional Dental Care for 
Members of the Reserve Component on Active Duty for More Than 30 Days 
in Support of a Contingency Operation

AGENCY: Office of the Secretary, DoD.

ACTION: Proposed rule.

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SUMMARY: The Department is publishing this proposed rule to implement 
section 703 of the National Defense Authorization Act for Fiscal Year 
2010 (NDAA for FY10). Specifically, that legislation amends the 
transitional health care dental benefits for Reserve Component members 
on active duty for more than 30 days in support of a contingency 
operation. The legislation entitles these Reserve Component members to 
dental care in the same manner as a member of the uniformed services on 
active duty for more than 30 days, thus providing care to the Reserve 
member in both military dental treatment facilities and authorized 
private sector dental care. This proposed rule does not eliminate any 
medical or dental care that is currently covered as transitional health 
care for the member. However the member's dependents are not entitled 
to this enhanced benefit.
    At present, the transitional health care dental benefits for 
Reserve Component members includes space available care in military 
dental treatment facilities and eligibility for the TRICARE Dental 
Program (TDP). The implementation of section 703 of NDAA for FY10 will 
enhance the dental benefit to include space required care in military 
dental treatment facilities; military dental treatment facility 
referred care to the private sector; and authorized remote dental care 
in the private sector during the 180 day transitional health care 
period. Both dental treatment facility referred care and remote care 
will be administered by TRICARE's Active Duty Dental Program (ADDP). 
TDP eligibility will begin after the transitional health care period 
ends.
    Reserve Component family members are also eligible for the TRICARE 
Dental Program (TDP). These family members pay 100% of the premiums 
while their sponsor is in Reserve status. If their sponsor is activated 
for more than 30 days, the TDP enrolled Reserve Component family 
members obtain the same benefits as any other TDP enrolled active duty 
family members with the Government subsidizing 60 percent of the 
premium cost for enrolled active duty family members. This change in 
status and subsidy occurs automatically. Upon the sponsor's 
deactivation, the family members automatically revert to Reserve 
Component family member TDP status and pay 100% of the TDP premium 
cost. With the proposed rule, there is no change to status or 
eligibility for family members.

DATES: Written comments received at the address indicated below by 
March 14, 2011 will be accepted.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number and title, by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Federal Docket Management System Office, 1160 
Defense
    Pentagon, Room 3C843, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://regulations.gov 
as they are received without change, including any personal identifiers 
or contact information.

FOR FURTHER INFORMATION CONTACT: CAPT Robert H. Mitton, Office of the 
Assistant Secretary of Defense (Health Affairs), TRICARE Management 
Activity, telephone (703) 681-0039.

SUPPLEMENTARY INFORMATION:

I. Background

    Currently, Reserve Component members who separate from active duty 
after serving for more than 30 days in support of a contingency 
operation are entitled to dental care under the transitional assistance 
medical program in the same manner as a dependent. This consists of 
only space-available dental care in a military dental treatment 
facility and is very limited.
    This proposed rule amends the transitional health care dental 
benefit for Reserve Component members who were on active duty for more 
than 30 days in support of a contingency operation by providing those 
members' dental care the same as that for a member of the uniformed 
services on active duty for more than 30 days. This enhanced benefit 
does not apply to members' dependents.
    As mentioned, the transitional health care dental benefits for 
Reserve Component members include space available care in military 
dental treatment facilities. Additionally, Reserve Component members 
are eligible for the TRICARE Dental Program (TDP). The TDP provides 
comprehensive dental care insurance and requires premium and cost-share 
payments but includes an annual maximum per enrollee per contract year 
for non-orthodontic services. This means that the total payments for 
covered dental services (except orthodontic services) for each enrolled 
member will not exceed the annual maximum amount in any contract year. 
The Government subsidizes 60 percent of the premium cost for enrolled 
Reserve Component members. If activated for more than 30 days in 
support of a contingency operation, a TDP enrolled Reserve Component 
member is automatically disenrolled from the TDP and automatically re-
enrolled upon deactivation.
    Under the proposed rule, a TDP enrolled Reserve Component member 
activated for more than 30 days is still automatically disenrolled from 
the TDP; however, the Reserve Component member will not be 
automatically re-enrolled upon deactivation because the member will be 
entitled to the same dental benefits as an active duty member. The 
Reserve Component

[[Page 2289]]

member will be TDP eligible and automatically re-enrolled in the TDP 
after the Transitional Health Care period is completed.
    Reserve Component family members are also eligible for the TRICARE 
Dental Program (TDP). These family members pay 100% of the premiums 
while their sponsor is in Reserve status. If their sponsor is activated 
for more than 30 days, the TDP enrolled Reserve Component family 
members obtain the same benefits as any other TDP enrolled active duty 
family members with the Government subsidizing 60 percent of the 
premium cost for enrolled active duty family members. This change in 
status and subsidy occurs automatically. Upon the sponsor's 
deactivation, the family members automatically revert to Reserve 
Component family member TDP status and pay 100% of the TDP premium 
cost. With the proposed rule, there is no change to status or 
eligibility for family members.

II. Regulatory Procedures

    Executive Order 12866 requires that a comprehensive regulatory 
impact analysis be performed on any economically significant regulatory 
action, defined as one that would result in an annual effect of $100 
million or more on the national economy or which would have other 
substantial impacts. The Regulatory Flexibility Act (RFA) requires that 
each Federal agency prepare, and make available for public comment, a 
regulatory flexibility analysis when the agency issues a regulation 
which would have a significant impact on a substantial number of small 
entities. This rule is not an economically significant regulatory 
action and will not have a significant impact on a substantial number 
of small entities for purposes of the RFA. Thus this proposed rule is 
not subject to any of these requirements. This proposed rule would 
amend the Code of Federal Regulations to conform to the new statutory 
authority. Public comments are invited. All comments will be carefully 
considered. A discussion of the major issues received by public 
comments will be included with the issuance of the final rule.
    This rule does not contain unfunded mandates. It does not contain a 
Federal mandate that may result in the expenditure by State, local and 
tribal governments, in aggregate, or by the private sector, of $100 
million or more in any one year.
    This rule will not impose additional information collection 
requirements on the public under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3511).
    We have examined the impact(s) of the proposed rule under Executive 
Order 13132 and it does not have policies that have federalism 
implications that would 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, consultation with State and local 
officials is not required.

List of Subjects in 32 CFR Part 199

    Claims, Dental health, Health care, Health insurance, Individuals 
with disabilities, Military personnel.

    Accordingly, 32 CFR Part 199 is proposed to be amended as follows:

PART 199--CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED 
SERVICES (CHAMPUS)

    1. The authority citation for Part 199 continues to read as 
follows:

    Authority:  5 U.S.C. 301; 10 U.S.C. chapter 55.

    2. Section 199.3 is amended by revising paragraph (e)(3) to read as 
follows:


Sec.  199.3  Eligibility.

* * * * *
    (e) * * *
    (3) TAMP benefits under TRICARE begin on the day after the member 
is separated from active duty, and, if such separation occurred on or 
after November 6, 2003, end 180 days after such date. TRICARE benefits 
available to both the member and eligible family members are generally 
those available to family members of members of the uniformed services 
under this Part. However, during TAMP eligibility, a member of a 
Reserve Component as described in paragraph (e)(1)(ii) of this section, 
is entitled to dental care to which a member of the uniformed services 
on active duty for more than 30 days is entitled. Each branch of 
service will determine eligibility for its members and eligible family 
members and provide data to DEERS.
* * * * *
    3. Sec.  199.13 is amended by revising paragraph (c)(3)(ii)(E)(1) 
to read as follows:


Sec.  199.13  TRICARE Dental Program.

* * * * *
    (c) * * *
    (3) * * *
    (ii) * * *
    (E) * * *
    (1) Changes in status of active duty, Selected Reserve or 
Individual Ready Reserve member. When the active duty, Selected Reserve 
or Individual Ready Reserve member is separated, discharged, retired, 
transferred to the Standby or Retired Reserve, his or her enrolled 
dependents and/or the enrolled Selected Reserve or Individual Ready 
Reserve member loses eligibility and enrollment as of 11:59 p.m. on the 
last day of the month in which the change in status takes place. When 
the Selected Reserve or Individual Ready Reserve member is ordered to 
active duty for a period of more than 30 days without a break in 
service, the member loses eligibility and is disenrolled, if previously 
enrolled; however, their enrolled dependents maintain their eligibility 
and previous enrollment subject to eligibility, enrollment and 
disenrollment provisions described in this section and in the TDP 
contract.
    (i) Reserve component members separated from active duty in support 
of a contingency operation. When a member of a reserve component who is 
separated from active duty to which called or ordered in support of a 
contingency operation if the active duty is for more than 30 days, the 
member becomes eligible for Transitional Health Care pursuant to 10 
U.S.C. 1145(a) and the member is entitled to dental care to which a 
member of the uniformed services on active duty for more than 30 days 
is entitled. Thus the member has no requirement for the TDP and is not 
eligible to purchase the TDP. Upon the termination of Transitional 
Health Care eligibility, the member regains TDP eligibility and is 
reenrolled, if previously enrolled.
    (ii) Dependents of members separated from active duty in support of 
a contingency operation. Dependents of a member of a reserve component 
who is separated from active duty to which called or ordered in support 
of a contingency operation if the active duty is active for more than 
30 days maintain their eligibility and previous enrollment, subject to 
eligibility, enrollment and disenrollment provisions described in this 
section and in the TDP contract. During the member's Transitional 
Health Care eligibility, the dependents are considered family members 
of Reserve Component members.
    (iii) Members separated from active duty and not covered by 10 
U.S.C. 1145(a)(2)(B). When the previously enrolled active duty member 
is transferred back to the Selected Reserve or Individual Ready 
Reserve, other than pursuant to 10 U.S.C. 1145(2)(B), without a break 
in service, the member regains TDP eligibility and is reenrolled; 
however, enrolled dependents maintain

[[Page 2290]]

their eligibility and previous enrollment subject to eligibility, 
enrollment and disenrollment provisions described in this section and 
in the TDP contract.
    (iv) Eligible dependents of an active duty, Selected Reserve or 
Individual Ready Reserve member serving a sentence of confinement in 
conjunction with a sentence of punitive discharge are still eligible 
for the TDP until such time as the active duty, Selected Reserve or 
Individual Ready Reserve member's discharge is executed.
* * * * *

    Dated: January 4, 2011.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2011-623 Filed 1-12-11; 8:45 am]
BILLING CODE 5001-06-P