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[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Proposed Rules]
[Pages 6094-6095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02065]

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RAILROAD RETIREMENT BOARD

20 CFR Part 220

RIN 3220-AB77

Consultative Examinations

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

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SUMMARY: The Railroad Retirement Board proposes to amend its 
regulations concerning consultative examinations used in adjudication 
of claims for disability annuities. The amendment will permit 
psychological and psychiatric consultative examinations to be conducted 
through the use of video teleconferencing technology. The amendment 
will allow the remote conduct of examinations where physical contact is 
not required and will facilitate medical evaluations when physical 
proximity is not feasible.

DATES: Submit comments on or before April 4, 2022.

ADDRESSES: You may send comments, identified by RIN number, by any of 
the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for sending comments.
    Email: [email protected]. Include RIN 3220-AB77 in the 
subject line of the message.
    Mail: Secretary to the Board, Railroad Retirement Board, 844 N Rush 
St., Chicago, IL 60611-1275.

FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, (312) 751-4945,

[[Page 6095]]

TTD (312) 751-4701, [email protected].

SUPPLEMENTARY INFORMATION: The Railroad Retirement Board (Board) 
proposes to amend its disability regulations to allow video 
teleconferencing technology (VTT) to be used to conduct a psychological 
or a psychiatric consultative examination in a case where such 
technology permits proper evaluation of a claimant. A VTT consultative 
examination is an examination conducted through a telecommunications 
system that allows the examining physician or psychologist and the 
claimant to see and hear each other for the purpose of communication in 
real time. A VTT consultative examination must comply with all 
requirements for consultative examinations in subpart G of Part 220 of 
the Board's regulations, 20 CFR part 220, subpart G. In addition, the 
following requirements must be followed if a VTT consultative 
examination is used. The examining physician or psychologist must be 
currently licensed in the state in which the provider practices.
    The examining physician or psychologist must have the training and 
experience to perform the type of examination requested. The examining 
physician or psychologist must have access to VTT, and the claimant 
must live in the same state in which the provider practices. The 
claimant shall have the right to refuse a VTT consultative examination 
without penalty.

Regulatory Requirements

Executive Order 12866, as Supplemented by Executive Order 13563

    We consulted with the Office of Management and Budget (OMB) and 
determined that this proposed rule does not meet the criteria for a 
significant regulatory action under Executive Order 12866, as 
supplemented by Executive Order 13563.

Executive Order 13132 (Federalism)

    This proposed rule will not 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, in accordance with section 6 
of Executive Order 13132, the Board believes that this proposed rule 
will not have sufficient federalism implications to warrant the 
preparation of a federalism summary impact statement.

Regulatory Flexibility Act

    We certify that this proposed rule would not have a significant 
economic impact on a substantial number of small entities because the 
proposed rule affects individuals only. Therefore, a regulatory 
flexibility analysis is not required under the Regulatory Flexibility 
Act, as amended.

Unfunded Mandates Reform Act of 1995

    This proposed rule will not result in the expenditure by State, 
local, and Tribal governments, in the aggregate, or by the private 
sector, of $100 million or more in any one year, and it will not 
significantly or uniquely affect small governments. Therefore, no 
actions are deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

Paperwork Reduction Act

    This proposed rule does not create any new or affect any existing 
collections and, therefore, does not require OMB approval under the 
Paperwork Reduction Act.

List of Subjects in 20 CFR Part 220

    Disability benefits, railroad employees, railroad retirement.

    For the reasons discussed in the Preamble, the Railroad Retirement 
Board proposes to amend 20 CFR part 220 as follows:

PART 220--DETERMINING DISABILITY

0
1. The authority citation for part 220 continues to read as follows:

    Authority: 45 U.S.C. 231a; 45 U.S.C. 231f.

0
2. Amend Sec.  220.57 by adding paragraph (c) to read as follows:

Sec.  220.57  Types of purchased examinations and selection of sources.

* * * * *
    (c) Use of Video Teleconferencing Technology. Video 
teleconferencing technology (VTT) may be used for a psychological or a 
psychiatric consultative examination provided that the following 
requirements are met:
    (1) The examining physician or psychologist is currently state-
licensed in the state in which the provider practices;
    (2) The examining physician or psychologist has the training and 
experience to perform the type of examination requested;
    (3) The examining physician or psychologist has access to video 
teleconferencing technology;
    (4) The examining physician or psychologist is permitted to perform 
the exam in accordance with state licensing laws and regulations;
    (5) The protocol for the examination does not require physical 
contact;
    (6) The claimant has the right to refuse a VTT examination without 
penalty; and
    (7) The VTT examination complies with all requirements in this 
Subpart governing consultative examinations.

    Dated: January 27, 2022.

    For the Board

Stephanie Hillyard,
Secretary to the Board.
[FR Doc. 2022-02065 Filed 2-2-22; 8:45 am]
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