[Federal Register Volume 65, Number 189 (Thursday, September 28, 2000)]
[Rules and Regulations]
[Pages 58224-58225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24495]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

RIN 0720-AA49


Civilian Health and Medical Program of the Uniformed Service 
(CHAMPUS); Prosthetic Devices

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

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SUMMARY: This final rule implements Section 702 of the National Defense 
Authorization Act for Fiscal Year 1998, which authorizes purchase of 
prosthetic devices, as determined by the Secretary of Defense, to be 
necessary because of significant conditions resulting from trauma, 
congenital anomalies, or disease. The Act changes the existing limited 
provisions for prosthetic devices, expanding coverage to include the 
cost sharing of other prostheses, e.g., noses, ears and fingers.

DATES: This rule is effective May 20, 1999.

ADDRESSES: The Office of TRICARE Management Activity, 16401 East 
Centretech Parkway, Aurora, CO 80011-9043.

FOR FURTHER INFORMATION CONTACT: Margaret Brown, Office of Medical 
Benefits and Reimbursement Systems, telephone (303) 676-3581.

SUPPLEMENTARY INFORMATION: This final rule implements section 702 of 
the National Defense Authorization Act for Fiscal Year 1998 (Pub. L. 
105-85) to provide purchase of prosthetic devices, as determined by the 
Secretary of Defense, to be necessary because of significant conditions 
resulting from trauma, congenital anomalies, or disease. The current 
policy is restrictive as it limits purchase of prosthetic devices to 
artificial limbs, eyes, and voice prostheses. This final rule expands 
provisions for prosthetic devices to include ears, noses and fingers. 
It is being published to confirm that the interim final rule, which was 
published August 20, 1999, is adopted as a final rule without change.

Comments Received

    It was recommended that we remove the parenthetical phrase (See 
House Conference Report 103, 340, p. 300) from Regulatory Procedures. 
Comments were adopted and the deletion was made.

Regulatory Procedure

    Executive order 12866 requires certain regulatory assessments for 
any significant regulatory action defined as one which would result in 
an annual effect on the economy of $100 million or more, or 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 final rule is not a significant regulatory action under 
E.O. 12886, nor would it have a significant impact on small entities. 
The changes set forth in the final rule are minor revisions to the 
existing regulation.

Regulatory Planning and Review

    The final rule will not impose additional information collection 
requirements on the public under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3511). This rule is being issued to confirm that the 
interim rule published August 20, 1999 (64 FR 45453) is final and does 
not include further amendments.

List of Subject in 32 CFR Part 199

    Claims, Handicapped, Health insurance, Individuals with 
disabilities, Military personnel.

    Accordingly, the interim rule amending 32 CFR 199, as published 
August 20, 1999, is adopted as a final rule without change as follows:

PART 199--[AMENDED]

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

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

    2. Section 199.4 is amended by revising paragraph (d)(3)(vii) and 
(g)(48) to read as follows:


Sec. 199.4  Basic program benefits.

* * * * *
    (d) * * *
    (3) * * *
    (vii) Prosthetic devices. The purchase of prosthetic devices is 
limited to those determined by the Director, OCHAMPUS to be necessary 
because of significant conditions resulting from trauma, congenital 
anomalies, or disease.
    (g) * * *
    (48) Prosthetic devices. Prostheses other than those determined by 
the Director, OCHAMPUS to be necessary because of significant 
conditions resulting from trauma, congenital anomalies, or disease. All 
dental prostheses are excluded, except for those specifically required 
in

[[Page 58225]]

connection with otherwise covered orthodontia directly related to the 
surgical correction of a cleft palate anomaly.
* * * * *

    Dated: September 18, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 00-24495 Filed 9-27-00; 8:45 am]
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