[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Rules and Regulations]
[Pages 48011-48012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22591]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AN23


Expansion of Enrollment in the VA Health Care System; Correction

AGENCY: Department of Veterans Affairs.

ACTION: Correcting amendment.

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SUMMARY: The Department of Veterans Affairs (VA) published a final rule 
in the Federal Register on May 15, 2009 (74 FR 22832), amending its 
medical regulations regarding enrollment in the VA health care system. 
In particular, it established additional sub-priorities within 
enrollment priority category 8

[[Page 48012]]

and provided that beginning on the effective date of the rule, VA will 
begin enrolling priority category 8 veterans whose income exceeds the 
current means test and geographic means test income thresholds by 10 
percent or less. A provision in the regulatory text contained a 
reference to the effective date of the regulation instead of providing 
the actual effective date. This document clarifies the beginning date 
VA will enroll the priority categories of veterans set forth in the 
regulation which is June 15, 2009.

DATES: Effective Date: September 21, 2009.

FOR FURTHER INFORMATION CONTACT: Roscoe Butler, Acting Director, 
Business Policy, Chief Business Office (163), Veterans Health 
Administration, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420; (202) 461-1586. (This is not a toll-free 
number.)

SUPPLEMENTARY INFORMATION: On May 15, 2009, VA published a final rule 
in the Federal Register (74 FR 22832) amending its medial regulations 
regarding enrollment in the VA health care system set forth at 38 CFR 
17.36. The final rule amended regulations implementing Public Law 104-
262, the Veterans' Health Care Eligibility Reform Act of 1996, which 
required VA to establish a national enrollment system to manage the 
delivery of inpatient hospital care and outpatient medical care, within 
available appropriated resources. It directed that the enrollment 
system be managed in such a way as ``to ensure that the provision of 
care to enrollees is timely and acceptable in quality,'' and authorized 
such sub-prioritization of the statutory enrollment categories ``as the 
Secretary determined necessary.'' The law also provided that starting 
on October 1, 1998, most veterans had to enroll in the VA health care 
system as a condition for receiving VA hospital and outpatient care.
    The May 15, 2009, final rule established additional subpriorities 
within enrollment priority category 8 and provided that beginning on 
the effective date of the rule, VA will enroll priority category 8 
veterans whose income exceeds the current means test and geographic 
means test income thresholds by 10 percent or less. In that document, 
in Sec.  17.36(2)(c), we inadvertently failed to remove a bracketed 
reference to the effective date of the regulation and to add the actual 
effective date of June 15, 2009, in its place. This document corrects 
that oversight.

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 recordkeeping requirements, Scholarships and fellowships, Travel 
and transportation expenses, Veterans.

    Approved: September 15, 2009.
William F. Russo,
Director of Regulations Management.

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For the reason set out in the preamble, VA is correcting 38 CFR part 17 
as follows:

PART 17--MEDICAL

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 38 U.S.C. 501, 1721, and as stated in specific 
sections.


Sec.  17.36  [Amended]

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2. In Sec.  17.36, paragraph (c)(2) is amended by removing ``[effective 
date of regulation]'' and adding, in its place, ``June 15, 2009''.

[FR Doc. E9-22591 Filed 9-18-09; 8:45 am]
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