Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules 14053 

12See Policy Statement and Establishment of 

Definitions of ‘‘Small Entities’’ for Purposes of the 

Regulatory Flexibility Act, 47 FR 18618, 18619 

(Apr. 30, 1982). 

compliance with the Acceptable 

Practices will assure DCMs of their 

compliance with the requirements of 

Core Principle 15 as they pertain to 

conflicts of interest in self-regulation 

and self-regulatory organizations. The 

amendments should not impose 

additional costs, but in fact may reduce 

costs of compliance in light of the 

removal of ambiguities. They assure that 

what is intended to be a bright-line test 

operates as such. After considering the 

above mentioned factors and issues, the 

Commission has determined to propose 

these amendments to the Acceptable 

Practices of Core Principle 15. The 

Commission specifically invites public 

comment on its application of the 

criteria contained in Section 15(a) of the 

Act and furthermore invites interested 

parties to submit any quantifiable data 

that they may have concerning the costs 

and benefits of the proposed 

amendments to the Acceptable Practices 

of Core Principle 15. 

B. Paperwork Reduction Act of 1995 

These proposed amendments to the 

Acceptable Practices of Core Principle 

15 would not impose any new 

recordkeeping or information collection 

requirements, or other collections of 

information that require approval of the 

Office of Management and Budget under 

44 U.S.C. 3501, et seq. Accordingly, the 

Paperwork Reduction Act does not 

apply. We solicit comment on the 

accuracy of our estimate that no 

additional recordkeeping or information 

collection requirements or changes to 

existing collection requirements would 

result from the amendments proposed 

herein. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 601 et seq., requires federal 

agencies, in promulgating rules, to 

consider the impact of those rules on 

small entities. The proposed 

amendments to the Acceptable Practices 

for Core Principle 15 affect DCMs. The 

Commission has previously determined 

that DCMs are not small entities for 

purposes of the Regulatory Flexibility 

Act.12 Accordingly, the Chairman, on 

behalf of the Commission, hereby 

certifies pursuant to 5 U.S.C. 605(b) that 

the proposed amendments to the 

Acceptable Practices will not have a 

significant economic impact on a 

substantial number of small entities. 

V. Text of Proposed Amendments to 

Acceptable Practices for Core Principle 

15 

List of Subjects in 17 CFR Part 38 

Commodity futures, Reporting and 

recordkeeping requirements. 

In light of the foregoing, and pursuant 

to the authority in the Act, and in 

particular, Sections 3, 5, 5c(a) and 8a(5) 

of the Act, the Commission hereby 

proposes to amend Part 38 of Title 17 

of the Code of Federal Regulations as 

follows: 

PART 38—DESIGNATED CONTRACT 

MARKETS 

1. The authority citation for part 38 

continues to read as follows: 

Authority: 7 U.S.C. 2, 5, 6, 6c, 7, 7a–2, and 

12a, as amended by Appendix E of Pub. L. 

106–554, 114 Stat. 2763A–365. 

2. In Appendix B to Part 38 amend 

paragraphs (b)(2)(ii)(B) and (b)(2)(ii)(C) 

of the Acceptable Practices for Core 

Principle 15 to read as follows: 

Appendix B to Part 38—Guidance on, 

and Acceptable Practices in, 

Compliance with Core Principles 

* * * * * 

Core Principle 15 of section 5(d) of the Act: 

CONFLICTS OF INTEREST 

* * * * * 

(b) * * * 

(2) * * * 

(ii) * * * 

(B) The director is a member of the contract 

market, or a person employed by or affiliated 

with a member. ‘‘Member’’ is defined 

according to Section 1a(24) of the 

Commodity Exchange Act and Commission 

Regulation 1.3(q). In this context, a person is 

‘‘affiliated’’ with a member if he or she is an 

officer, director, or partner of the member; 

(C) The director, or a firm of which the 

director is an employee, officer, director or 

partner, receives more than $100,000 in 

combined annual payments from the contract 

market, any affiliate of the contract market, 

as defined in Subsection (2)(ii)(A), or from a 

member or an officer or director of a member 

of the contract market. As used in this 

Subsection (2)(ii)(C), ‘‘payments’’ means 

compensation for professional services. 

Compensation for services as a director of the 

contract market does not count toward the 

$100,000 payment limit, nor does deferred 

compensation for services prior to becoming 

a director, so long as such compensation is 

in no way contingent, conditioned, or 

revocable; 

* * * * * 

Issued in Washington, DC, on March 20, 

2007 by the Commission. 

Eileen A. Donovan, 

Acting Secretary of the Commission. 

[FR Doc. E7–5468 Filed 3–23–07; 8:45 am] 

BILLING CODE 6351–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 416 

[Docket No. SSA–2006–0103] 

RIN 0960–AF99 

Technical Updates to Applicability of 

the Supplemental Security Income 

(SSI) Reduced Benefit Rate for 

Individuals Residing in Medical 

Treatment Facilities 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: We propose to revise our 

regulations to codify two provisions of 

the Balanced Budget Act of 1997 that 

affect the payment of benefits under title 

XVI of the Social Security Act (the Act). 

One of the provisions extended 

temporary institutionalization benefits 

to children receiving SSI benefits who 

enter private medical treatment facilities 

and who otherwise would be ineligible 

for temporary institutionalization 

benefits because of private insurance 

coverage. The other provision replaced 

obsolete terminology in the Act that 

referred to particular kinds of medical 

facilities and substituted a broader, 

more descriptive term. 

DATES: To be sure that we consider your 

comments, we must receive them by 

May 25, 2007. 

ADDRESSES: You may give us your 

comments: by Internet through the 

Federal eRulemaking Portal at http:// 

www.regulations.gov; by e-mail to 

regulations@ssa.gov; by telefax to (410) 

966–2830; or by letter to the 

Commissioner of Social Security, PO 

Box 17703, Baltimore, MD 21235–7703. 

You may also deliver them to the Office 

of Regulations, Social Security 

Administration, 107 Altmeyer Building, 

6401 Security Boulevard, Baltimore, MD 

21235–6401, between 8 a.m. and 4:30 

p.m. on regular business days. 

Comments are posted on our Internet 

site. You also may inspect the 

comments on regular business days by 

making arrangements with the contact 

person shown in the preamble. 

FOR FURTHER INFORMATION CONTACT: Curt 

Dobbs, Social Insurance Specialist, 

Office of Income Security Programs, 

Social Security Administration, 252 

Altmeyer Building, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 965–7963 or TTY (410) 966–5609, 

for information about this notice. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 1–

800–325–0778, or visit our Internet site, 


cprice-sewell on PROD1PC66 with PROPOSALS
14054 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules 

Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http:// 

www.gpoaccess.gov/fr/index.html. 

Background 

The basic purpose of the SSI program 

is to ensure a minimum level of income 

to individuals who are age 65 or older, 

or blind or disabled, and who have 

limited income and resources. The 

Balanced Budget Act of 1997 (Public 

Law 105–33), enacted August 5, 1997, 

contained two provisions that affected 

the payment of SSI benefits to certain 

SSI beneficiaries who are 

institutionalized. One of the provisions 

extended temporary institutionalization 

benefits to children who enter private 

medical treatment facilities and who 

otherwise would be subject to a reduced 

benefit because of private insurance 

coverage. The other provision removed 

obsolete terminology in the Act that 

referred to particular categories of 

inpatient medical facilities and 

substituted the broader, more 

descriptive term ‘‘medical treatment 

facility.’’ This change in terminology 

permits us to correct an unintended 

inequity in the amount of SSI benefits 

that were payable to certain children 

under the obsolete terminology. 

Extending Temporary 

Institutionalization Benefits to Children 

Under Age 18 in Private Institutions 

Residents of public institutions 

generally are ineligible to receive SSI 

payments. However, there are some 

exceptions to this general rule. One 

exception in section 1611(e)(1)(B) of the 

Act provides that residents of medical 

treatment facilities (which we are 

proposing to define as a facility licensed 

or otherwise approved by a Federal, 

State, or local government to provide 

inpatient medical care and services) 

may be eligible for SSI if Medicaid pays 

a substantial part (more than 50 percent) 

of the cost of the beneficiary’s care. In 

such cases, SSI payments to the resident 

of the medical treatment facility are 

limited to a maximum of $30 a month. 

Another exception in section 

1611(e)(1)(G) of the Act allows payment 

of full SSI benefits for up to 3 full 

months after entering a public facility if 

a physician certifies that the recipient’s 

stay in the facility is likely not to exceed 

3 months and we determine the 

recipient needs to continue to maintain 

and provide for the expenses of the 

home to which he or she may return. 

These benefits are referred to as 

‘‘temporary institutionalization 

benefits.’’

The Personal Responsibility and Work 

Opportunity Reconciliation Act of 1996 

(Public Law 104–193), enacted August 

22, 1996, amended section 1611(e)(1)(B) 

of the Act to allow children under age 

18 who are in medical treatment 

facilities and who have private health 

insurance to receive the reduced SSI 

payment ($30). However, Public Law 

104–193 did not amend the statutory 

provision on temporary 

institutionalization to extend such 

benefits to children with private health 

insurance. Consequently, children who 

were temporarily in private medical 

facilities could not be eligible for 3 

months of full benefits if private health 

insurance, or a combination of Medicaid 

and private health insurance, paid more 

than 50 percent of the cost of their care. 

Payments to these children were limited 

to the reduced benefit amount of no 

more than $30 a month beginning with 

their first full month of 

institutionalization. 

Section 5522(c) of Public Law 105–33 

revised section 1611(e)(1)(G) of the Act 

to correct this omission. Prior to this 

revision, section (e)(1)(G) specified that 

the recipient must be an inmate of either 

a public institution whose primary 

purpose is to provide medical or 

psychiatric care, or a hospital, extended 

care facility, nursing home, or 

intermediate care facility that receives 

payments under a State plan approved 

under title XIX. As a result of Public 

Law 105–33, and subject to SSI 

eligibility and benefit computation 

rules, those children in private medical 

facilities for whom private health 

insurance, or a combination of Medicaid 

and private health insurance was paying 

more than 50 percent of the cost of care, 

now can be eligible for continuation of 

their full SSI benefits for up to 3 months 

under section 1611(e)(1)(G) of the Act. 

For example, when a child who is 

receiving SSI while living at home goes 

into a medical treatment facility, and 

private insurance through the parent’s 

employment pays for more than 50 

percent of the cost of care, the child can 

continue to receive SSI benefits during 

a temporary institutionalization of up to 

3 months. Providing SSI benefits during 

a temporary period of 

institutionalization is a provision 

designed to enable SSI beneficiaries 

(adult or child) to provide for the 

expenses of the home where they live 

and to reduce the risk of losing their 

place of residence due to a sudden loss 

of SSI benefits during a temporary 

period of institutionalization. 

Revised Terminology for Inpatient 

Providers 

Section 5522(c) of Public Law 105–33 

also replaced outdated terminology in 

section 1611(e)(1)(B) of the Act. Prior to 

this statutory change, section 

1611(e)(1)(B) specified certain categories 

of inpatient providers used in the 

Medicaid program. In the early years of 

the SSI program, the terminology 

‘‘hospital, extended care facility, 

nursing home, or intermediate care 

facility’’ provided a comprehensive list 

of all possible inpatient settings as 

defined by the Medicaid program. 

However, as Medicaid dropped or 

renamed some of those coverage 

categories and added new categories, 

the list in section 1611(e)(1)(B) became 

obsolete and was no longer used. As a 

result, prior to Public Law 105–33, 

children in certain kinds of inpatient 

facilities were subject to the reduced 

benefit amount of no more than $30, 

while children in other kinds of 

Medicaid covered inpatient facilities 

could receive the full SSI benefit. For 

example, Medicaid created the new 

coverage category of Psychiatric 

Residential Treatment Facility (PRTF) 

for individuals under age 21. PRTFs can 

receive substantial Medicaid payments, 

including the room and board payment. 

Before Public Law 105–33 made this 

technical amendment, children residing 

in a PRTF received full SSI benefits 

because that kind of facility was not 

listed in section 1611(e)(1)(B) as a 

facility whose residents would be 

subject to the $30 payment limit. For 

many PRTF residents, Medicaid was 

paying all of their expenses, and yet 

Public Law 104–193 required payment 

of the full SSI benefit rate. This 

situation created an inequity between 

those children and children in other 

kinds of Medicaid covered inpatient 

facilities. This change in terminology 

now allows for similarly situated 

children (i.e., children residing in 

medical treatment facilities where 

Medicaid is providing for more than 50 

percent of the cost of their care) to be 

paid the same amount of SSI benefits. 

Explanation of Proposed Changes 

We propose to make the following 

changes to our rules to codify provisions 

of Public Law 105–33 that affect the 

payment of benefits under title XVI of 

the Act to individuals who are in 

institutions: 

• We propose to revise § 416.212(b)(1) 

by adding ‘‘or private’’ to the 

introductory text to reflect the provision 

that gives full temporary 

institutionalization benefits to children 

who enter private medical treatment 


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Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules 14055 

facilities when Medicaid pays more 

than 50 percent of the cost of their care. 

• We propose to revise §§ 416.201 

and 416.414(c) to remove the definition 

for ‘‘medical care facility’’ and replace 

it with a new definition for ‘‘medical 

treatment facility.’’

• We propose to amend §§ 416.201, 

416.211(b) and (c)(5)(iv), 416.414(a), 

(b)(2) and (3)(i)–(ii), 416.571, 

416.1149(a)(1) and (c)(1)(i)–(ii), 

416.1165(g)(6) and (i)(1), 416.1167(a)(2), 

and 416.1202(b)(2)(i) by eliminating the 

obsolete terms ‘‘medical facility’’ and 

‘‘medical care facility’’ and replacing 

them with the term ‘‘medical treatment 

facility.’’

• We propose to amend § 416.708(k) 

by eliminating the terms ‘‘hospital’’, 

‘‘skilled nursing facility’’, and 

‘‘intermediate care facility’’ and 

replacing them with the term ‘‘medical 

treatment facility.’’

Clarity of These Regulations 

Executive Order 12866, as amended 

by Executive Order 13258, requires each 

agency to write all rules in plain 

language. In addition to comments you 

may have on these proposed rules, we 

also invite your comments on how to 

make these rules easier to understand. 

For example: 

• Have we organized the material to 

suit your needs? 

• Are the requirements in the rules 

clearly stated? 

• Do the rules contain technical 

language or jargon that is unclear? 

• Would a different format (grouping 

and order of sections, use of headings, 

paragraphing) make the rules easier to 

understand? 

• Would more (but shorter) sections 

be better? 

• Could we improve clarity by adding 

tables, lists, or diagrams? 

• What else could we do to make the 

rules easier to understand? 

Regulatory Procedures 

Executive Order 12866, as Amended by 

Executive Order 13258 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that these proposed rules 

meet the criteria for a significant 

regulatory action under Executive Order 

12866, as amended by Executive Order 

13258. Thus, they were reviewed by 

OMB. 

Regulatory Flexibility Act 

We certify that these proposed rules 

will not have a significant economic 

impact on a substantial number of small 

entities as they affect individuals only. 

Therefore, a regulatory flexibility 

analysis as provided in the Regulatory 

Flexibility Act, as amended, is not 

required. 

Paperwork Reduction Act 

In order to codify two provisions of 

the Balanced Budget Act of 1997, we are 

proposing to revise our regulations that 

affect the payment of benefits under title 

XVI of the Act. One of the provisions 

extended temporary institutionalization 

benefits to children who enter private 

medical treatment facilities and who 

otherwise would be subject to a reduced 

benefit because of private insurance 

coverage. The other provision replaced 

obsolete terminology in the Act that 

referred to particular kinds of medical 

facilities and substituted a broader, 

more descriptive term. 

As a result, we are amending the 

terminology in § 416.708 (k) by 

eliminating the terms ‘‘hospital’’, 

‘‘skilled nursing facility’’, and 

‘‘intermediate care facility’’ and 

replacing them with the term ‘‘medical 

treatment facility.’’ As outlined below 

this section contains specific public 

reporting requirements that require 

clearance under the Paperwork 

Reduction Act of 1995. Respondents to 

this collection are SSI recipients who 

are admitted to, or discharged from, a 

medical treatment facility or other 

public or private institution. 

Title/section & collection description 

Annual 

number of 

respondents 

Frequency of 

response 

Average 

burden per 

response 

(minutes) 

Estimated 

annual burden 

(hours) 

What you must report 416.708(k) Admission to or discharge from: 

(1) A medical treatment facility, 34,200 1 7 3,990 

(2) A public institution, or 

(3) A private institution.

An Information Collection Request 

has been submitted to OMB for 

clearance. 

We are soliciting comments on the 

burden estimate; the need for the 

information; its practical utility; ways to 

enhance its quality, utility and clarity; 

and on ways to minimize the burden on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

Comments should be sent to OMB by 

fax or by email to: Office of Management 

and Budget, Attn: Desk Officer for SSA, 

Fax Number: 202–395–6974, Email 

address: 

OIRA_Submission@omb.eop.gov. 

Comments can be received for up to 

60 days after publication of this notice 

and will be most useful if received 

within 30 days of publication. This does 

not affect the deadline for the public to 

comment to SSA on the proposed 

regulations. These information 

collection requirements will not become 

effective until approved by OMB. When 

OMB has approved these information 

collection requirements, SSA will 

publish a notice in the Federal Register. 

To receive a copy of the OMB 

clearance package, your staff may call 

the SSA Reports Clearance Officer on 

410–965–0454. 

(Catalog of Federal Domestic Assistance 

Program No. 96.006, Supplemental Security 

Income) 

List of Subjects in 20 CFR Part 416 

Administrative practice and 

procedure, Aged, Blind, Disability 

benefits, Public assistance programs, 

Reporting and recordkeeping 

requirements, Supplemental Security 

Income (SSI). 

Dated: December 13, 2006. 

Jo Anne B. Barnhart, 

Commissioner of Social Security. 

For the reasons set out in the 

preamble, we propose to amend 

subparts B, D, E, G, K, and L of part 416 

of chapter III of title 20 of the Code of 

Federal Regulations as follows: 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart B—[Amended] 

1. The authority citation for subpart B 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1110(b), 1602, 

1611, 1614, 1619(a), 1631, and 1634 of the 

Social Security Act (42 U.S.C. 902(a)(5), 

1310(b), 1381a, 1382, 1382c, 1382h(a), 1383, 

and 1383c); secs. 211 and 212, Pub. L. 93–

66, 87 Stat. 154 and 155 (42 U.S.C. 1382 

note); sec. 502(a), Pub. L. 94–241, 90 Stat. 


cprice-sewell on PROD1PC66 with PROPOSALS
14056 Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Proposed Rules 

268 (48 U.S.C. 1681 note); sec. 2, Pub. L. 99–

643, 100 Stat. 3574 (42 U.S.C. 1382h note). 

2. Section 416.201 is amended by 

removing the definition of ‘‘Medical 

care facility’’ and adding a definition of 

‘‘Medical treatment facility’’ in 

alphabetical order to read as follows: 

§ 416.201 General definitions and terms 

used in this subpart. 

* * * * * 

Medical treatment facility means an 

institution or that part of an institution 

that is licensed or otherwise approved 

by a Federal, State, or local government 

to provide inpatient medical care and 

services. 

* * * * * 

§§ 416.201 and 416.211 [Amended] 

3. In 20 CFR part 416, subpart B, 

remove the words ‘‘medical facility’’

and ‘‘medical care facility’’ each time 

they appear and add in their place the 

words ‘‘medical treatment facility’’ in 

the following places: 

a. Section 416.201 in the definitions 

of ‘‘Medical care facility’’ and ‘‘Public 

emergency shelter for the homeless’’; 

and 

b. Section 416.211(b) and (c)(5)(iv). 

4. Section 416.212 is amended by 

revising the introductory text in 

paragraph (b)(1) to read as follows: 

§ 416.212 Continuation of full benefits in 

certain cases of medical confinement. 

* * * * * 

(b) * * * 

(1) Subject to eligibility and regular 

computation rules (see subparts B and D 

of this part), you are eligible for the 

benefits payable under section 

1611(e)(1)(G) of the Social Security Act 

for up to 3 full months of medical 

confinement during which your benefits 

would otherwise be suspended because 

of residence in a public institution or 

reduced because of residence in a public 

or private institution where Medicaid 

pays a substantial part (more than 50 

percent) of the cost of your care or, if 

you are a child under age 18, reduced 

because of residence in a public or 

private institution which receives 

payments under a health insurance 

policy issued by a private provider, or 

a combination of Medicaid and a health 

insurance policy issued by a private 

provider, pay a substantial part (more 

than 50 percent) of the cost of your care 

if—

* * * * * 

Subpart D—[Amended] 

5. The authority citation for subpart D 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1611(a), (b), (c), 

and (e), 1612, 1617, and 1631 of the Social 

Security Act (42 U.S.C. 902(a)(5), 1382(a), (b), 

(c), and (e), 1382a, 1382f, and 1383). 

6. Section 416.414 is amended by 

revising the section heading and 

paragraph (c) to read as follows: 

§ 416.414 Amount of benefits; eligible 

individual or eligible couple in a medical 

treatment facility. 

* * * * * 

(c) Definition. For purposes of this 

section, a medical treatment facility 

means an institution or that part of an 

institution that is licensed or otherwise 

approved by a Federal, State, or local 

government to provide inpatient 

medical care and services. 

§ 416.414 [Amended] 

7. In addition to the amendment set 

forth above, in 20 CFR part 416, subpart 

D, remove the words ‘‘medical facility’’

and ‘‘medical care facility’’ and add in 

their place the words ‘‘medical 

treatment facility’’ in § 416.414(a), 

(b)(2), and (b)(3)(i) through (ii). 

Subpart E—[Amended] 

8. The authority citation for subpart E 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1147, 1601, 

1602, 1611(c) and (e), and 1631(a)–(d) and (g) 

of the Social Security Act (42 U.S.C. 

902(a)(5), 1320b–17, 1381, 1381a, 1382(c) 

and (e), and 1383(a)–(d) and (g)); 31 U.S.C. 

3720A. 

§ 416.571 [Amended] 

9. In 20 CFR part 416, subpart E, 

remove the words ‘‘medical facility’’

wherever they appear and add in their 

place the words ‘‘medical treatment 

facility’’ in § 416.571. 

Subpart G—[Amended] 

10. The authority citation for subpart 

G of part 416 continues to read as 

follows: 

Authority: Secs. 702(a)(5), 1611, 1612, 

1613, 1614, and 1631 of the Social Security 

Act (42 U.S.C. 902(a)(5), 1382, 1382a, 1382b, 

1382c, and 1383); sec. 211, Pub. L. 93–66, 87 

Stat. 154 (42 U.S.C. 1382 note). 

11. Section 416.708 is amended by 

revising paragraph (k) to read as follows: 

§ 416.708 What you must report. 

* * * * * 

(k) Admission to or discharge from a 

medical treatment facility, public 

institution, or private institution. You 

must report to us your admission to or 

discharge from—

(1) A medical treatment facility; or 

(2) A public institution (defined in 

§ 416.201); or 

(3) A private institution. Private 

institution means an institution as 

defined in § 416.201 which is not 

administered by or the responsibility of 

a governmental unit. 

* * * * * 

Subpart K—[Amended] 

12. The authority citation for subpart 

K of part 416 continues to read as 

follows: 

Authority: Secs. 702(a)(5), 1602, 1611, 

1612, 1613, 1614(f), 1621, 1631, and 1633 of 

the Social Security Act (42 U.S.C. 902(a)(5), 

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 

1383 and 1383b); sec. 211, Pub. L. 93–66, 87 

Stat. 154 (42 U.S.C. 1382 note). 

§§ 416.1149, 416.1165 and 416.1167 

[Amended] 

13. In 20 CFR part 416, subpart K, 

remove the words ‘‘medical facility’’

and ‘‘medical care facility’’ and add in 

their place the words ‘‘medical 

treatment facility’’ in the following 

places: 

a. Section 416.1149(a)(1) and (c)(1)(i) 

through (ii); 

b. Section 416.1165(g)(6) and (i)(1); 

and 

c. Section 416.1167(a)(2). 

Subpart L—[Amended] 

14. The authority citation for subpart 

L of part 416 continues to read as 

follows: 

Authority: Secs. 702(a)(5), 1602, 1611, 

1612, 1613, 1614(f), 1621, 1631 and 1633 of 

the Social Security Act (42 U.S.C. 902(a)(5), 

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 

1383 and 1383b); sec. 211, Pub. L. 93–66, 87 

Stat. 154 (42 U.S.C. 1382 note). 

§ 416.1202 [Amended] 

15. In 20 CFR part 416, subpart L, 

remove the words ‘‘medical facility’’

and ‘‘medical care facility’’ and add in 

their place the words ‘‘medical 

treatment facility’’ in § 416.1202(b)(2)(i). 

[FR Doc. E7–5134 Filed 3–23–07; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 19 and 20 

RIN 2900–AM49 

Supplemental Statement of the Case 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

regulations regarding the time limit for 

filing a response to a Supplemental 

Statement of the Case in appeals to the 

Board of Veterans’ Appeals (Board). We 

propose to change the response period 


cprice-sewell on PROD1PC66 with PROPOSALS