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[Federal Register: August 18, 2010 (Volume 75, Number 159)]
[Proposed Rules]               
[Page 50950-50952]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au10-38]                         

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[Docket ID: DoD-2010-HA-0071]
RIN 0720-AB40

 
TRICARE; Changes Included in the National Defense Authorization 
Act for Fiscal Year 2010; Expansion of Survivor Eligibility Under the 
TRICARE Dental Program

AGENCY: Office of the Secretary, DoD.

ACTION: Proposed rule.

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SUMMARY: The Department is publishing this proposed rule to implement 
section 704 of the National Defense Authorization Act for Fiscal Year 
2010 (NDAA for FY10). Specifically, that legislation expands the 
survivor eligibility under the TRICARE Dental Program (TDP). The 
legislation entitles a child or unmarried person placed in legal 
custody of a member or former member continuation of eligibility for 
the TDP. The period of continued eligibility for these dependents shall 
be the longer of the following periods beginning on the date of the 
member's death: Three years; the period ending on the date on which 
such dependent attains 21 years of age; or in the case of such 
dependent who, at 21 years of age, is enrolled in a full-time course of 
study in a secondary school or in a full-time course of study in an 
institution of higher education approved by the administering Secretary 
and was, at the time of the member's death, in fact dependent on the 
member for over one-half of such dependent's support, the period ending 
on the earlier of the following dates: The date on which such dependent 
ceases to pursue such a course of study, as determined by the 
administering Secretary; or the date on which such dependent attains 23 
years of age. This proposed rule does not expand the TDP eligibility of 
other eligible survivors.
    Survivors, who meet the new eligibility requirements, will regain 
TDP eligibility as of the publishing of the final rule in the Federal 
Register. Retroactive payment of premiums or claims paid for dental 
treatment during the time of loss of TDP eligibility will

[[Page 50951]]

not be reimbursed to surviving dependents.

DATES: Written comments received at the address indicated below by 
October 18, 2010 will be accepted.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) number and title, by any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     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 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://www.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

    This proposed rule expands the survivor eligibility under the 
TRICARE Dental Program (TDP). The legislation entitles a child or 
unmarried person placed in legal custody of a member or former member, 
as defined in 10 U.S.C. 1072(2), subparagraph (D) or (I), continuation 
of eligibility for the TDP. The period of continued eligibility for 
these dependents shall be the longer of the following periods beginning 
on the date of the member's death: (1) Three years; (2) the period 
ending on the date on which such dependent attains 21 years of age; or 
(3) in the case of such dependent who, at 21 years of age, is enrolled 
in a full-time course of study in a secondary school or in a full-time 
course of study in an institution of higher education approved by the 
administering Secretary and was, at the time of the member's death, in 
fact dependent on the member for over one-half of such dependent's 
support, the period ending on the earlier of the following dates: (a) 
The date on which such dependent ceases to pursue such a course of 
study, as determined by the administering Secretary; or (b) the date on 
which such dependent attains 23 years of age.
    This proposed rule does not expand the TDP eligibility of other 
eligible survivors. Currently, all eligible survivors are entitled to 
continued TDP enrollment for up to three years from the date of the 
member's death. The proposed rule will maintain the government's 
payment of both the government and dependent's portion of the premium 
share during the period of continuous enrollment.
    This proposed rule will amend the Code of Federal Regulations to 
allow the TDP 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.

II. Regulatory Procedures

Executive Order 12866 and Regulatory Flexibility Act

    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.

Unfunded Mandates Reform Act

    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.

Paperwork Reduction Act

    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).

Federalism

    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--[AMENDED]

    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 199.13 is amended by revising paragraph (c)(3)(ii)(E)(2) 
to read as follows:

Sec.  199.13  TRICARE dental program.

* * * * *
    (c) * * *
    (3) * * *
    (ii) * * *
    (E) * * *
    (2) Continuation of eligibility. Eligible dependents of active duty 
members while on active duty for a period of more than 30 days and 
eligible dependents of members of the Ready Reserve (i.e., Selected 
Reserve or Individual Ready Reserve, as specified in 10 U.S.C. 10143 
and 10144(b) respectively), shall be eligible for continued enrollment 
in the TDP, if, on the date of the death of the member, the dependent 
is enrolled in the TDP, or is not enrolled by reason of discontinuance 
of a former enrollment under paragraphs (c)(3)(ii)(E)(4)(ii) and 
(c)(3)(ii)(E)(4)(iii) of this section, or is not enrolled because the 
dependent was under the minimum age for enrollment at the time of the 
member's death, or is not qualified for enrollment because the 
dependent is a spouse who is a member of the armed forces on active 
duty for a period of more than 30 days but subsequently separates or is 
discharged from active duty. This continued enrollment is not 
contingent on the Selected Reserve or Individual Ready Reserve member's 
own enrollment in the TDP. During the period of continuous enrollment, 
the government will pay both the government and the beneficiary's 
portion of the premium share. This continued enrollment shall be up to 
(3) three years from the date of the member's death, except that, in 
the case of a dependent of the deceased who is described in 10 U.S.C. 
section 1072(2) by subparagraph (D) or (I), the period of

[[Page 50952]]

continued enrollment shall be the longer of the following periods 
beginning on the date of the member's death:
    (i) Three years.
    (ii) The period ending on the date on which such dependent attains 
21 years of age.
    (iii) In the case of such dependent who, at 21 years of age, is 
enrolled in a full-time course of study in a secondary school or in a 
full-time course of study in an institution of higher education 
approved by the administering Secretary and was, at the time of the 
member's death, in fact dependent on the member for over one-half of 
such dependent's support, the period ending on the earlier of the 
following dates: The date on which such dependent ceases to pursue such 
a course of study, as determined by the administering Secretary; or the 
date on which such dependent attains 23 years of age.
* * * * *

    Dated: August 10, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-20392 Filed 8-17-10; 8:45 am]
BILLING CODE 5001-06-P
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