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[Federal Register: August 6, 2010 (Volume 75, Number 151)]
[Rules and Regulations]               
[Page 47458-47460]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au10-6]                         

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DOD-2009-HA-0094]
RIN 0720-AB32

 
TRICARE; Diabetic Education

AGENCY: Office of the Secretary, Department of Defense.

ACTION: Final rule.

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SUMMARY: The Department of Defense is publishing this final rule to 
clarify TRICARE coverage for diabetic education. This rule introduces 
new definitions and addresses revisions or

[[Page 47459]]

omissions in policy or procedure inadvertently missed in previous 
regulatory changes pertaining to diabetic education.

DATES: Effective Date: This final rule is effective September 7, 2010.

FOR FURTHER INFORMATION CONTACT: Joy Saly, Medical Benefits and 
Reimbursement Branch, TRICARE Management Activity, telephone (303) 676-
3742. Questions regarding payment of specific claims should be 
addressed to the appropriate TRICARE contractor.

SUPPLEMENTARY INFORMATION: This final rule introduces new definitions 
and addresses revisions or omissions in policy or procedure 
inadvertently missed in previous regulatory changes pertaining to 
diabetic education.
    Diabetes self-management training (DSMT) is an interactive, 
collaborative process involving beneficiaries with diabetes, their 
physician(s), and their educators. The educational process should 
provide the beneficiary with the knowledge and skills needed to perform 
self-care, manage crises, and make lifestyle changes required to manage 
the diabetes successfully.
    TRICARE had previously classified DSMT as a counseling service that 
was not medically necessary. Since all services provided under the 
TRICARE program must be medically necessary and appropriate, DSMT was 
excluded from coverage. In developing the TRICARE policy on self-
management, however, it was determined that diabetes educational 
services are consistent with the medically necessary and appropriate 
provision and it was decided to conform with Medicare's policy on DSMT. 
As such, TRICARE removed ``diabetic self-management training'' programs 
as an excluded benefit effective July 1, 1998. Although the policy 
change conflicted with existing regulation language, TRICARE determined 
to move forward with the policy change because TRICARE was expanding 
and not restricting a benefit, and the change was in line with 
Medicare's benefit. This final rule corrects the failure to amend the 
language of the regulation and brings the regulation into conformance 
with the current policy.
    Section 199.4 provides basic program benefits.
    Section 199.4(d)(3)(ix) Diabetic self-management training (DSMT) is 
added as a benefit under other covered services and supplies. This 
addition brings the regulation into conformance with the current 
policy.
    Section 199.4(g)(39) is revised to remove diabetic self-education 
programs as an exclusion.
    Section 199.6 addresses authorized providers.
    Section 199.6(c)(3)(iii)(L) adds Nutritionist to the list of 
individual professional providers of medical care authorized to provide 
services to CHAMPUS beneficiaries.
    Section 199.6(c)(3)(iii)(M) adds Registered Dietitian to the list 
of individual professional providers of medical care authorized to 
provide services to CHAMPUS beneficiaries.

Public Comments

    A proposed rule (74 FR 44798-44800) was published on August 31, 
2009, and provided a 60-day comment period. No comments were received.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review''

    Section 801 of Title 5, United States Code (U.S.C.), and Executive 
Order (E.O.) 12866, require certain regulatory assessments and 
procedures for any major rule or 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. It 
has been certified that this rule is not a significant regulatory 
action.

Public Law 96-354, ``Regulatory Flexibility Act'' (RFA) (5 U.S.C. 601)

    Public Law (Pub. L.) 96-354, ``Regulatory Flexibility Act'' (RFA) 
(5 U.S.C. 601), requires that each Federal agency prepare 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 will not have a significant impact on a substantial 
number of small entities. Therefore, this final rule is not subject to 
the requirements of the RFA.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    This rule does not contain a ``collection of information'' 
requirement, and will not impose additional information collection 
requirements on the public under Pub. L. 96-511, ``Paperwork Reduction 
Act'' (44 U.S.C. Chapter 35).

Public Law 104-4, Section 202, ``Unfunded Mandates Reform Act''

    Section 202 of Public Law 104-4, ``Unfunded Mandates Reform Act,'' 
requires that an analysis be performed to determine whether any Federal 
mandate may result in the expenditure by State, local and tribal 
governments, in the aggregate, or by the private sector of $100 million 
in any one year. It has been certified that this final 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, and thus, this final rule is 
not subject to this requirement.

Executive Order 13132, ``Federalism''

    E.O. 13132, ``Federalism,'' requires that an impact analysis be 
performed to determine whether the rule has 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. It has been certified that this final rule does not have 
federalism implications, as set forth in E.O. 13132.

List of Subjects in 32 Part 199

    Claims, Dental health, Health care, Health insurance, Individuals 
with disabilities, Military personnel.

0
Accordingly, 32 CFR Part 199, is amended as follows:

PART 199--[AMENDED]

0
1. The authority citation for Part 199 continues to read as follows:

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

0
2. Section 199.4 is amended by adding paragraph (d)(3)(ix), and 
revising paragraph (g)(39) to read as follows:

Sec.  199.4  Basic program benefits.

* * * * *
    (d) * * *
    (3) * * *
    (ix) Diabetes Self-Management Training (DSMT). A training service 
or program that educates diabetic patients about the successful self-
management of diabetes. It includes the following criteria: Education 
about self-monitoring of blood glucose, diet, and exercise; an insulin 
treatment plan developed specifically for the patient who is insulin-
dependent; and motivates the patient to use the skills for self-
management. The DSMT service or program must be accredited by the 
American Diabetes Association.
    Coverage limitations on the provision of this benefit will be as 
determined by the Director, TRICARE Management Activity, or designee.
* * * * *
    (g) * * *
    (39) Counseling. Counseling services that are not medically 
necessary in the treatment of a diagnosed medical

[[Page 47460]]

condition: For example, educational counseling, vocational counseling, 
nutritional counseling, and counseling for socioeconomic purposes, 
stress management, lifestyle modification. Services provided by a 
certified marriage and family therapist, pastoral, or mental health 
counselor in the treatment of a mental disorder are covered only as 
specifically provided in Section 199.6. Services provided by alcoholism 
rehabilitation counselors are covered only when rendered in a CHAMPUS-
authorized treatment setting and only when the cost of those services 
is included in the facility's CHAMPUS-determined allowable cost rate.
* * * * *

0
3. Section 199.6 is amended by adding paragraphs (c)(3)(iii)(L) and (M) 
to read as follows:

Sec.  199.6  TRICARE-authorized providers.

* * * * *
    (c) * * *
    (3) * * *
    (iii) * * *
    (L) Nutritionist. A nutritionist may provide DSMT via an accredited 
DSMT program. The nutritionist must be licensed by the State in which 
the care is provided, and must be under the supervision of a physician 
who is overseeing the DSMT program.
    (M) Registered Dietitian. A dietitian may provide DSMT via an 
accredited DSMT program. The dietitian must be licensed by the State in 
which the care is provided, and must be under the supervision of a 
physician who is overseeing the DSMT program.
* * * * *

    Dated: July 26, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-19311 Filed 8-5-10; 8:45 am]
BILLING CODE 5001-06-P
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