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[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Rules and Regulations]
[Pages 2253-2254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-621]

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DoD-2009-HA-0051]
RIN 0720-AB31

TRICARE; Coverage of National Cancer Institute (NCI) Sponsored 
Phase I Studies

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

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SUMMARY: This final rule adds coverage of National Cancer Institute 
(NCI) sponsored Phase I studies for certain beneficiaries. The NCI 
sponsored clinical treatment trials are conducted in a series of steps 
called phases. Phase I trials are the first studies conducted in 
people. They evaluate how a new drug should be given (by mouth, 
injected into the blood, or injected into the muscle), how often, and 
what dose is safe.

DATES: Effective Date: This rule is effective February 14, 2011.

FOR FURTHER INFORMATION CONTACT: Commander James Ellzy, TRICARE 
Management Activity, Office of the Chief Medical Officer, telephone 
(703) 681-0064.

SUPPLEMENTARY INFORMATION: 

A. Background

    This final rule adds the coverage of a subset of National Cancer 
Institute (NCI) sponsored Phase I trials for certain TRICARE patients. 
The NCI sponsored clinical treatment trials are conducted in a series 
of steps called phases. Phase I trials are the first studies conducted 
in people. They evaluate how a new drug should be given (by mouth, 
injected into the blood, or injected into the muscle), how often, and 
what dose is safe. A Phase I trial usually enrolls only a small number 
of patients, sometimes as few as a dozen. A Phase II trial continues to 
test the safety of the drug, and begins to evaluate how well the new 
drug works. Phase II studies usually focus on a particular type of 
cancer. A Phase III trial tests a new drug, a new combination of drugs, 
or a new surgical procedure in comparison to the current standard. A 
participant will usually be assigned to the standard group or the new 
group at random. Phase III trials often enroll large numbers of people 
and may be conducted at many doctors' offices, clinics, and cancer 
centers nationwide.
    This final rule adds coverage only of NCI sponsored Phase I trials 
with clinical or pre-clinical data providing a reasonable expectation 
that the treatment will be at least as effective as the non-
investigational alternative. Additionally, only those TRICARE patients 
for whom standard treatment has been or would be ineffective, does not 
exist, or there is no superior non-investigational treatment 
alternative, would be eligible for these additional trials. TRICARE has 
covered NCI sponsored Phase II and III trials since 1996. The NCI 
estimates that Phase I trial participants represent about 3.4 percent 
of overall Phase II and III participants combined. Based on the history 
of Department of Defense participation in these studies, it is 
estimated that there would be a maximum of 1,000 new patients annually 
enrolling in Phase I trials. It is estimated that the net cost to 
TRICARE of adding Phase I treatment trials will increase costs by 12.8 
percent of the total gross costs (approximately $150,000 in FY09). 
Currently, ten States mandate coverage of at least some Phase I trials.

B. Public Comments

    The DoD published a proposed rule on June 22, 2009 (74 FR 29435-
29436). One set of comments was received on the proposed rule. The sole 
commenter strongly supported the proposed rule and urged the DoD to 
make it final. We agree with this recommendation and have not made any 
modifications to the proposed rule.

C. Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review''

    Section 801 of Title 5, United States Code (U.S.C.), and Executive 
Order (E.O.) 12866 requires certain regulatory assessments and 
procedures for any major rule or 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. It 
has been certified that this rule is not an economically significant 
rule; however, it is a regulatory action which has been reviewed by the 
Office of Management and Budget as required under the provisions of 
E.O. 12866.

Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that this rule 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.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    The Regulatory Flexibility Act (RFA) requires 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 final rule will not significantly affect a substantial number of 
small entities for purposes of the RFA.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    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).

Executive Order 13132, ``Federalism''

    This final rule has been examined for its impact under E.O. 13132 
and it does not contain 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.

0
Accordingly, 32 CFR, Part 199 is amended as follows:

PART 199--[AMENDED]

0
1. The authority citation for Part 199 continues to read as follows:

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

0
2. Section 199.4 is amended by:
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A. Redesignating paragraphs (e)(26)(ii)(B)(2), (3) and (4) as 
paragraphs (e)(26)(ii)(B)(3), (4) and (5);
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B. Adding a sentence to the introductory text in paragraph 
(e)(26)(ii)(B);
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C. Revising paragraph (e)(26)(ii)(B)(1)(ii);
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D. Revising paragraph (e)(26)(ii)(B)(1)(iv);

[[Page 2254]]

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E. Adding paragraph (e)(26)(ii)(B)(1)(v); and
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F. Adding a new paragraph (e)(26)(ii)(B)(2) to read as follows:

Sec.  199.4  Basic program benefits.

* * * * *
    (e) * * *
    (26) * * *
    (ii) * * *
    (B) * * * Additionally, Phase I studies may be approved on a case 
by case basis when the requirements below are met.
    (1) * * *
    (ii) Such treatments are NCI sponsored Phase I, Phase II or Phase 
III protocols; and
* * * * *
    (iv) The institutional and individual providers are CHAMPUS 
authorized providers; and,
    (v) The requirements for Phase I protocols in paragraph 
(e)(26)(ii)(B)(2) of this section are met:
    (2) Requirements for Phase I protocols are:
    (i) Standard treatment has been or would be ineffective, does not 
exist, or there is no superior non-investigational treatment 
alternative; and,
    (ii) The available clinical or preclinical data provide a 
reasonable expectation that the treatment will be at least as effective 
as the non-investigational alternative; and,
    (iii) The facility and personnel providing the treatment are 
capable of doing so by virtue of their experience, training, and volume 
of patients treated to maintain expertise; and,
    (iv) The referring physician has concluded that the enrollee's 
participation in such a trial would be appropriate based upon the 
satisfaction of paragraphs (e)(26)(ii)(B)(2)(i) through (iii) of this 
section.
* * * * *

    Dated: January 4, 2011.
Patricia L. Toppings,
OSD Federal Register, Liaison Officer, Department of Defense.
[FR Doc. 2011-621 Filed 1-12-11; 8:45 am]
BILLING CODE 5001-06-P
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