TRICARE Program: TRICARE Reserve Select Coverage for Members of the Selected Reserve
Final rule.
CFR Part: "32 CFR Part 199"
RIN Number: "RIN 0720-AB79"
Citation: "86 FR 67860"
Document Number: "Docket ID:
Page Number: "67860"
"Rules and Regulations"
Agency: "
SUMMARY: This final rule implements the National Defense Authorization Act for Fiscal Year 2020 (NDAA-2020), which removes the permanent eligible exclusion for TRICARE Reserve Select (TRS) coverage for a member of the Selected Reserve of the Ready Reserve who is enrolled or eligible to enroll in a Federal Employees Health Benefits (FEHB) Program health insurance plan. The law now excludes TRS coverage for such members only during the period preceding
DATES: This final rule is effective
FOR FURTHER INFORMATION CONTACT: Mr.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Purpose of the Rule This rule is required to implement section 701 of NDAA-2020. As a "housekeeping" matter, this rule includes necessary changes to the TRICARE regulation to conform it to the new statutory requirements enacted in the NDAA-2020, over which the Department has no administrative discretion. In implementing section 701 of NDAA-2020, this rule advances the better care component of the
B. Exception to Notice and Comment
Agency informal rule-making is governed by section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
C. Summary of Major Provisions
The rule amends the TRICARE regulation to conform it to the current law that defines eligibility for TRICARE Reserve Select, specifying that Selected Reserve members eligible for or enrolled in a Federal Employee Health Benefits (FEHB) plan (5
D.
The statutory authority for this final rule is 10 U.S.C. 1076d, as amended by Public Law 116-92, NDAA-2020, Section 701, "Modification of Eligibility for TRICARE Reserve Select for Certain Members of the Selected Reserve." This final rule amends title 32, Code of Federal Regulations (CFR),
II. Regulatory History
This final rule is the only regulatory action relating to implementation of section 701 of NDAA-2020.
III. Regulatory Analysis
A. Regulatory Planning and Review
a. Executive Orders
Executive Order 12866, "Regulatory Planning and Review" and Executive Order 13563, "Improving Regulation and Regulatory Review"
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distribute impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been designated a "non-significant regulatory action," although, not determined to be economically significant, under section 3(f) of E.O. 12866. Accordingly, the rule has not been reviewed by the
b. Summary
This rule amends the current TRICARE regulation which, consistent with 10 U.S.C. 1076d prior to NDAA-2020 amendment, excluded from TRS eligibility any Selected Reserve member who was also enrolled in, or eligible for a health benefit plan under the Federal Employee Health Benefits program under 5 U.S.C. chapter 89, section 8903. According to NDAA-2020, this exclusion will be repealed and these government employees will be eligible for coverage under TRS beginning
c. Affected Population
This rulemaking action will apply to an employee of the Federal Government who, under 5 U.S.C. chapter 89, is eligible for the Federal Employee Health Benefit Program and eligible for TRS as described by 32 CFR 199.24(b), "Qualifications for TRICARE Reserve Select coverage". These specific beneficiaries will have the option to enroll in TRS beginning
d. Costs
The Future Years Defense Program (FYDP) only projects five years into the future, thus, an accurate estimate of monetary cost to the government cannot be done. Projections templated over FY2020 through FY2025 project cost savings to the
The administrative costs of this rule are assessed as only including increased customer service queries and beneficiary education required to ensure beneficiaries have all the necessary information to make an informed decision. Administrative processes to manage plan changes triggered by this rule are already in place.
There is no projected cost to the public. Should they decide to change health plans, employees affected by this rule may experience cost savings due to lower premiums, catastrophic cap, deductible, and other cost shares. However, these savings are subject to plan specifics at the time of rule implementation.
e. Benefits
Extending TRS eligibility to Federal employees increases health care options for beneficiaries, especially through the preferred-provider network (PPN). Depending on their health care needs, the PPN provided by TRS may increase access to care for eligible Federal employees who choose to enroll. The projected monetary cost saving to the government, still to be itemized, is the final important benefit; this rulemaking action frees up Government funds for appropriate reallocation.
f. Alternatives
Alternative 1: No action. Not implementing this rule would be in direct violation of the law set forth in NDAA-2020 requiring TRS to be an option for eligible Federal employees who desire to enroll in TRS coverage beginning
Alternative 2: Postponed action. Postponement of rulemaking would result in inconsistency between the TRICARE regulation and the controlling statute. The statute is self-executing and was effective upon enactment of NDAA-2020 on
Public Law 96-354, "Regulatory Flexibility Act" (5 U.S.C. 601)
The
C. Congressional Review Act
The Congressional Review Act, 5 U.S.C.
D. Sec. 202, Public Law 104-4, "Unfunded Mandates Reform Act"
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1532) requires agencies to assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of
E. Public Law 96-511, "Paperwork Reduction Act" (44
It has been determined that 32 CFR 199.24 does not impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. Existing information collection requirements of the TRICARE program will be utilized, using a DD Form 2896-1, Reserve Component Health Coverage Request Form. This enrollment form, accessible through the Beneficiary Web Enrollment (BWE) website, does not meet information collection requirements and thus does not trigger requirements of the Paperwork Reduction Act.
F. Executive Order 13132, "Federalism"
E.O. 13132 establishes certain requirements that an agency must meet when it promulgates a rule that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has federalism implications. This final rule will not have a substantial effect on State and local governments.
List of Subjects in 32 CFR Part 199 Administrative practice and procedure, Claims, Fraud, Health care, Health insurance, Individuals with disabilities, Mental health programs, Military personnel.
Accordingly, 32 CFR part 199 is amended as follows:
PART 199--CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES (CHAMPUS)
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. Amend
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(b) * * *
(1) Ready Reserve member. A Ready Reserve member qualifies to purchase TRICARE Reserve Select coverage prior to
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Dated:
Alternate OSD Federal Register Liaison Officer,
[FR Doc. 2021-25720 Filed 11-29-21;
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