Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Proposed Rules 64191

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DoD 6010.8–R]

RIN 0720–AA43

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

Waiver of Collection of Payments Due

From Certain Persons Unaware of

Loss of CHAMPUS Eligibility

AGENCY: Office of the Secretary, DoD.

ACTION: Proposed rule.

SUMMARY: This proposed rule authorizes

the waiver of collection of payments

due from individuals who lost their

CHAMPUS eligibility when they

became eligible for Medicare Part A, due

to disability or end stage renal disease.

DATES: Written comments will be

accepted until February 2, 1998.

ADDRESSES: Forward comments to the

Office of the Assistant Secretary of

Defense (Health Affairs), 1B657

Pentagon, Washington, DC 20301–1200.

FOR FURTHER INFORMATION CONTACT:

Cynthia P. Speight, Office of Health

Services Financing Policy, (703) 697–

8975.

SUPPLEMENTARY INFORMATION: Formerly,

under Title 10 United States Code,

Section 1086(d), a beneficiary lost

eligibility for CHAMPUS when he or

she became eligible for Medicare Part A,

including when eligibility was due to

disability or end stage renal disease.

Payments made after the beneficiary

attained eligibility for Medicare Part A

were erroneous payments and subject to

collection under the Federal Claims

Collection Act. In 1991, Congress

amended 10 U.S.C. 1086(d) to provide

that those persons eligible for Medicare

by reason of disability or end stage renal

disease who are enrolled in the

supplementary medical insurance

program under Medicare Part B retain

eligibility for CHAMPUS, secondary to

Medicare coverage. Section 743 of the

National Defense Authorization Act for

Fiscal Year 1996, Public Law 104–106,

provides authority, effective February

10, 1996, to waive the collection of

erroneous civilian health care benefits

from a person under age 65 who lost

eligibility for civilian care due to

eligibility for Medicare as a result of

disability or end stage renal disease. The

period of this waiver authority begins

January 1, 1967, and ends on the later

of July 1, 1996, or the termination date

of any special enrollment Medicare

period established by law for such

person.

Since most payments made under

CHAMPUS are paid directly to

participating providers of care, and not

to the beneficiary, the proposed rule

also provides for the waiver of

collection of such payments made to

participating providers. These providers

are paid based on a contractual

agreement of benefits by the

beneficiaries. If the claim for these

benefits cannot be paid due to

ineligibility of the beneficiary, the

beneficiary indebtedness to the provider

would remain. Thus, the authority to

relieve disabled CHAMPUS

beneficiaries from the indebtedness

arising from these erroneous payments

does not depend upon who actually

received the payments.

Regulatory Procedures

Executive Order 12866 requires that a

regulatory impact analysis be performed

on any significant regulatory action,

defined as one which would have an

annual effect on the economy of $100

million or more, or have other

significant effects.

The Regulatory Flexibility Act

requires that each federal agency

prepare a regulatory flexibility analysis

when the agency issues regulations

which would have a significant impact

on a substantial number of small

entities. This proposed rule is not

significant regulatory action under E.O.

12886, nor would it have a significant

impact on small entities. The changes

set forth in the proposed rule are minor

revisions to the existing regulation. In

addition, this proposed rule does not

impose new information collection

requirements for purposes of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501–3511). This is a proposed

rule. All public comments are invited.

List of Subjects in 32 CFR Part 199

Claims, 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 199.11 is amended as

follows:

a. By revising paragraphs (b)(1) and

(g) heading.

b. By redesignating paragraphs (g)(3),

(g)(4), (g)(5), (g)(6), (g)(7), (g)(8) and

(g)(9) as paragraphs (g)(4), (g)(5), (g)(6),

(g)(7), (g)(8), (g)(9) and (g)(10),

respectively.

c. By adding paragraph (g)(3) and

revising newly redesignated paragraph

(g)(10).

The additions and revisions read as

follows:

§ 199.11 Overpayments recovery.

* * * * *

(b) * * *

(1) Federal statutory authority. The

Federal Claims Collection Act (31 U.S.C.

3701 et seq.) provides the basic

authority under which claims may be

asserted pursuant to this section. It is

implemented by joint regulations issued

by the Department of Justice and the

General Accounting Office, 4 CFR parts

101 through 105. Thereunder, the heads

of federal agencies or their designees are

required to attempt collection of all

claims of the United States for money or

property arising out of the activities of

their respective agencies. These officials

may, with respect to claims that do not

exceed $20,000, exclusive of interest,

and in conformity with the standards

promulgated in the joint regulations,

compromise, suspend, or terminate

collection action on such claims.

Section 743 of the National Defense

Authorization Act for Fiscal Year 1996

(Pub. L. 104–106, 110 Stat. 186)

authorizes the waiver (see paragraph

(g)(3) of this section) of collection of

overpayments otherwise due from a

person after the termination of the

person’s CHAMPUS eligibility, because

the person became eligible for Medicare

Part A by reason of disability or endstage renal disease.

* * * * *

(g) Compromise, waiver, suspension

or termination of collection actions

arisings under the Federal Claims

Collection Act.

* * * * *

(3) Waiver of collection of erroneous

payments due from certain persons

unaware of loss of CHAMPUS eligibility.

(i) The Director, OCHAMPUS may

waive collection of payments otherwise

due from certain persons as a result of

health benefits received under this Part

after the termination of the person’s

eligibility for such benefits. Waiver may

be granted if collection of such

payments would be against equity and

good conscience and not in the best

interest of the United States. These

criteria are met by a finding that there

is no indication of fraud,

misrepresentation, fault, or lack of good

faith on the part of the person who

received the erroneous payment or any

other person having an interest in

obtaining such waiver.

(ii) Persons eligible for waiver. The

following persons are eligible for

waiver:
64192 Federal Register / Vol. 62, No. 233 / Thursday, December 4, 1997 / Proposed Rules

(A) A person who:

(1) Is entitled to Medicare Part A by

reason of disability or end stage renal

disease;

(2) In the absence of such entitlement,

would have been eligible for CHAMPUS

under section 1086 of title 10, United

States Code; and

(3) At the time of the receipt of such

benefits, was under age 65.

(B) Any participating provider of care

who received direct payment for care

provided to a person described in

paragraph (g)(3)(ii)(A) of this section

pursuant to an assignment of benefits

from such person.

(iii) The authority to waive collection

of payments under this section shall

apply with regard to health benefits

provided during the period beginning

January 1, 1967, and ending on the later

of: the termination date of any special

enrollment period for Medicare Part B

provided specifically for such persons;

or July 1, 1996.

* * * * *

(10) Effect of compromise, waiver,

suspension or termination of collection

action. Pursuant to the Internal Revenue

Code, 26 U.S.C. 6041, compromises and

terminations of undisputed debts not

discharged in a Title 11 bankruptcy case

and totaling $600 or more for the year

will be reported to the Internal Revenue

Service in the manner prescribed for

inclusion in the debtor’s gross income

for that year. Any action taken under

this paragraph (g) regarding the

compromise of a federal claim, or

waiver or suspension or termination of

collection action on a federal claim is

not an initial determination for

purposes of the appeal procedures of

§ 199.10.

* * * * * * *

Dated: November 26, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–31610 Filed 12–3–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

36 CFR Part 327

Shoreline Use Permits, Flotation

AGENCY: U.S. Army Corps of Engineers,

Department of Defense.

ACTION: Supplementary proposed rule.

SUMMARY: The Corps published a

proposed rule in the April 15, 1997,

issue of the Federal Register,

concerning flotation materials to be

used on all new docks and boat mooring

buoys. Comments received during the

45 day comment period prompted the

Corps to conduct further study and give

additional consideration to flotation

requirements. As a result, the Corps is

withdrawing this amendment and

proposing a new amendment.

An amendment to the Guidelines for

Granting Shoreline Use Permits was also

part of the proposed rule published on

April 15, 1997. This language reduced

onerous requirements on individuals

who have requested waivers due to

obvious limiting health conditions by

giving Operations Project Managers

flexibility to take special circumstances

of the applicant into consideration

when issuing a shoreline management

permit. No negative comments were

received during the comment period

and this amendment will be issued as a

final rule at a later date, probably in

conjunction with the flotation

amendment, once the flotation issue is

resolved.

DATES: Comments must be submitted on

or before January 20, 1998.

ADDRESSES: HQUSACE, CECW–ON,

Washington, D.C. 20314–1000.

FOR FURTHER INFORMATION CONTACT: Mr.

Darrell E. Lewis, (202) 761–0247.

SUPPLEMENTARY INFORMATION: The Corps

published a final rule providing policy

and guidance on the management of

shorelines of Corps of Engineers

managed Civil Works projects in the

Federal Register on July 27, 1990, (55

FR 30690–30702), last amended in the

Federal Register on July 1, 1992 (57 FR

29219–29220).

Two amendments to the regulation

were published as a proposed rule in

the Federal Register on April 15, 1997

(62 FR 18307–18308). An amendment to

Paragraph 2.c(9) of Appendix A, Section

327.30, Guidelines for Granting

Shoreline Use Permits, gave operational

project managers flexibility to take

special circumstances of the applicant

into consideration when issuing a

permit. This language reflected the

Corps desire to accommodate basic

access for those individuals who have

requested waivers due to either obvious

limiting health conditions or those

documented by a doctor’s certification.

No negative comments were received

regarding this amendment during the

comment period. Therefore, this portion

of the April 15, 1997 proposed rule will

be promulgated as a final rule at a later

date.

Paragraph 14, Appendix C, of Section

327.30, also published in the April 15,

1997, proposed rule, reflected the Corps

amended flotation requirements for all

new docks and boat mooring facilities.

The Corps received 28 letters

concerning flotation during the

comment period of this proposed

rulemaking. The comments prompted

the Corps to conduct further study and

give additional consideration to

flotation requirements. Accordingly, the

flotation portion of the proposed rule

published on April 15, 1997, is

withdrawn and a new amendment is

proposed.

Procedural Requirements

Executive Order (E.O.) 12866

The Secretary of the Army has

determined that this proposed revision

is not a ‘‘major’’ rule within the

meaning of Executive Order (E.O.)

12866. If approved, this revision will

not (1) have an annual effect on the

economy of $100 million or more; (2)

cause a major increase in costs or prices

for consumers, individual industries,

geographic regions, or Federal, State, or

local governmental agencies; or (3) have

significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of a United States-based

enterprise to compete with foreignbased enterprise in domestic or export

markets.

Regulatory Flexibility Act

This proposed rule will not have a

significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.)

Collection of Information

This proposed rule contains no

collection of information under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Executive Order 12612

The Corps has analyzed this proposed

rule under principles and criteria in

E.O. 12612 and has determined that this

proposed rule does not have sufficient

Federalism implications to warrant

preparation of a Federalism Assessment.

Executive Order 12630

The Corps has determined that this

proposed rule does not have

‘‘significant’’ taking implications. The

proposed rule does not pertain to taking

of private property interests, nor does it

impact private property.

NEPA Statement

The Corps has determined that this

proposed rule does not constitute a

major Federal action significantly

affecting the quality of the human