[Federal Register Volume 69, Number 205 (Monday, October 25, 2004)]
[Rules and Regulations]
[Page 62204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23758]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR 17

RIN 2900-AK29


Waivers

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends VA's medical regulation to give Fiscal 
Officers at VA medical facilities the authority to waive veterans' 
debts arising from the medical care co-payments. This change in 
regulation will codify an existing 1995 delegation of authority to 
Fiscal Officers from the Secretary of Veterans Affairs. The purpose of 
this 1995 delegation was to increase the efficiency of the waiver 
process.

DATES: Effective Date: This rule shall become effective on November 24, 
2004.

FOR FURTHER INFORMATION CONTACT: Eileen P. Downey, Business Policy, 
Veterans Health Administration, Chief Business Office (16), 810 Vermont 
Avenue, NW., Washington DC 20420, (202) 254-0347.

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on April 20, 2004 (69 FR 21075), we proposed amending 38 CFR 
17.105 to give Fiscal Officers at VA medical facilities the authority 
to waive veterans' debts arising from the medical care co-payments.
    We asked interested parties to submit comments on or before June 
21, 2004. We received no comments. Based on the rationale noted above 
and as set forth in the proposed rule, we are adopting the proposed 
rule as a final rule without change.

Unfunded Mandates

    The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that 
agencies prepare an assessment of anticipated costs and benefits before 
developing any rule that may result in expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any given year. This rule will have no such effect 
on State, local or tribal governments, or the private sector.

Paperwork Reduction Act

    Although this document contains provisions constituting a 
collection of information in 38 CFR 17.105 (c) referencing VA Form 
5655, under the provision of the Paperwork Reduction Act (44 U.S.C. 
3501-3521), no new or proposed revised collections of information are 
associated with this final rule. The Office of Management and Budget 
has approved this information collection in VA Form 5655 under control 
number 2900-0165.

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule would not have 
a significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601 
through 612. The final rule would not cause a significant economic 
impact on health care providers, suppliers, or entities since only a 
small portion of the business of such entities concerns VA 
beneficiaries. Therefore, pursuant to 5 U.S.C. 605(b), the final rule 
is exempt from the initial and final regulatory flexibility analysis 
requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance Numbers

    The Catalog of Federal Domestic Assistance numbers for the programs 
affected by this document are 64.005, 64.007, 64.008, 64.009, 64.010, 
64.011, 64.012, 64.013, 64.014, 64.015, 64.016, 64.018, 64.019, 64.022, 
64.024 and 64.025.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Claims, Day care, Dental health, Drug abuse, Foreign relations, 
Government contracts, Grant programs-health, Grant programs-veterans, 
Health care, Health facilities, Health professions, Health records, 
Homeless, Medical and dental schools, Medical devices, Medical 
research, Mental health programs, Nursing homes, Philippines, Reporting 
and record-keeping requirements, Scholarships and fellowships, Travel 
and transportation expenses, Veterans.

    Approved: October 15, 2004.
Anthony J. Principi,
Secretary of Veterans Affairs.

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For the reasons set out in the preamble, 38 CFR part 17 is amended as 
set forth below:
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1. The authority citation for part 17 continues to read as follows:

    Authority: 38 U.S.C. 501, 1721, unless otherwise noted.


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2. Section 17.105 is amended by:
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A. In paragraph (a), removing ``Sec.  17.101(a)'' and adding, in its 
place, ``Sec.  17.102''.
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B. Redesignating paragraph (c) as (d).
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C. Adding a new paragraph (c).
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D. Adding the OMB information collection approval number parenthetical 
immediately following paragraph (d).
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E. Adding an authority citation at the end of the section.
    The additions read as follows:


Sec.  17.105  Waivers.

* * * * *
    (c) Of charges for copayments. If the debt represents charges for 
outpatient medical care, inpatient hospital care, medication or 
extended care services copayments made under Sec. Sec.  17.108, 17.110 
or 17.111 of this chapter, the claimant must request a waiver by 
submitting VA Form 5655 (Financial Status Report) to a Fiscal Officer 
at a VA medical facility where all or part of the debt was incurred. 
The claimant must submit this form within the time period provided in 
Sec.  1.963(b) of this chapter and may request a hearing under Sec.  
1.966(a) of this chapter. The Fiscal Officer may extend the time period 
for submitting a claim if the Chairperson of the Committee on Waivers 
and Compromises could do so under Sec.  1.963(b) of this chapter. The 
Fiscal Officer will apply the standard ``equity and good conscience'' 
in accordance with Sec. Sec.  1.965 and 1.966(a) of this chapter, and 
may waive all or part of the claimant's debts. A decision by the Fiscal 
Officer under this provision is final (except that the decision may be 
reversed or modified based on new and material evidence, fraud, a 
change in law or interpretation of law, or clear and unmistakable error 
shown by the evidence in the file at the time of the prior decision as 
provided in Sec.  1.969 of this chapter) and may be appealed in 
accordance with 38 CFR parts 19 and 20.
* * * * *
    (The Office of Management and Budget has approved the information 
collection requirements in this section under control number 2900-
0165.)

(Authority: 38 U.S.C. 501, 1721, 1722A, 1724)

[FR Doc. 04-23758 Filed 10-22-04; 8:45 am]
BILLING CODE 8320-01-P