[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28258-28259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11486]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AO28
Copayments for Medications in 2012
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document affirms as final, without change, an interim
final rule amending the Department of Veterans Affairs (VA) medical
regulations concerning the copayment required for certain medications.
The interim final rule froze until December 31, 2012, the copayment
amount for veterans in the VA health care system in enrollment priority
categories 2 through 6 at the 2011 level, which was $8. The interim
final rule also froze until December 31, 2012, the maximum annual
copayment amount for enrollment priority categories 2 through 6, which
was $960. On January 1, 2013, the copayment amounts may increase based
on the prescription drug component of the Medical Consumer Price Index
(CPI-P). If the copayment increases, the maximum annual copayment
amount will automatically increase in turn.
DATES: Effective Date: This rule is effective May 14, 2012.
FOR FURTHER INFORMATION CONTACT: Kristin Cunningham, Director, Business
Policy, Chief Business Office, 810 Vermont Avenue NW., Washington, DC
20420, (202) 461-1599. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: An interim final rule amending VA's medical
regulations concerning the copayment required for certain medications
was published in the Federal Register on December 20, 2011 (76 FR
78824). Interested persons were invited to submit comments to the
interim final rule on or before February 21, 2012, and we received no
comments. Therefore, based on the rationale set forth in the interim
final rule, VA is adopting the interim final rule as a final rule with
no changes.
Administrative Procedure Act
This document affirms as final, without change, the interim final
rule that is already in effect. In accordance with 5 U.S.C.
553(b)(3)(B) and (d)(3), the Secretary of Veterans Affairs concluded
that there was good cause to dispense with the opportunity for advance
notice and opportunity for public comment and good cause to publish
this rule with an immediate effective date. The Secretary found that it
was impracticable, unnecessary, and contrary to the public interest to
delay this regulation for the purpose of soliciting advance public
comment or to have a delayed effective date. Increasing the copayment
amount on January 1, 2012, might have caused a significant financial
hardship for some veterans. Nevertheless, the Secretary invited public
comment on the interim final rule but did not receive any comments.
Effect of Rulemaking
Title 38 of the Code of Federal Regulations, as revised by this
rulemaking, represents VA's implementation of its legal authority on
this subject. Other than future amendments to this regulation or
governing statutes, no contrary guidance or procedures are authorized.
All existing or subsequent VA guidance must be read to conform with
this rulemaking if possible or, if not possible, such guidance is
superseded by this rulemaking.
Paperwork Reduction Act
This final rule contains no collections of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521).
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This final rule will temporarily freeze the copayments that
certain veterans are required to pay for prescription drugs furnished
by VA. This final rule affects individuals and has no impact on small
entities. Therefore, under 5 U.S.C. 605(b), this final rule is exempt
from the initial and final regulatory flexibility analysis requirements
of sections 603 and 604.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 12866 (Regulatory Planning and Review) defines a
``significant regulatory action,'' which requires review by the Office
of Management and Budget (OMB), as ``any regulatory action that is
likely to result in a rule that may: (1) Have an annual effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local, or tribal
governments or communities; (2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.''
The economic, interagency, budgetary, legal, and policy
implications of this regulatory action have been examined and it has
been determined not to be a significant regulatory action under
Executive Order 12866.
[[Page 28259]]
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any given year. This rule will have no such effect on
State, local, and tribal governments, or on the private sector.
Catalog of Federal Domestic Assistance Numbers
The Catalog of Federal Domestic Assistance program number and title
for this rule are as follows: 64.005, Grants to States for Construction
of State Home Facilities; 64.007, Blind Rehabilitation Centers; 64.008,
Veterans Domiciliary Care; 64.009, Veterans Medical Care Benefits;
64.010, Veterans Nursing Home Care; 64.011, Veterans Dental Care;
64.012, Veterans Prescription Service; 64.013, Veterans Prosthetic
Appliances; 64.014, Veterans State Domiciliary Care; 64.015, Veterans
State Nursing Home Care; 64.016, Veterans State Hospital Care; 64.018,
Sharing Specialized Medical Resources; 64.019, Veterans Rehabilitation
Alcohol and Drug Dependence; 64.022, Veterans Home Based Primary Care;
and 64.024, VA Homeless Providers Grant and Per Diem Program.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. John R.
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this
document on May 7, 2012 for publication.
List of Subjects in 38 CFR Part 17
Administrative practice and procedure; Alcohol abuse; Alcoholism;
Claims; Day care; Dental health; Drug abuse; Foreign relations;
Government contracts; Grant programs--health; Grant programs--veterans;
Health care; Health facilities; Health professions; Health records;
Homeless; Medical and dental schools; Medical devices; Medical
research; Mental health programs; Nursing homes; Philippines; Reporting
and recordkeeping requirements; Scholarships and fellowships; Travel
and transportation expenses; Veterans.
Dated: May 8, 2012.
Robert C. McFetridge,
Director of Regulation Policy and Management, Office of General
Counsel, Department of Veterans Affairs.
PART 17--MEDICAL
0
Accordingly, the interim final rule amending 38 CFR part 17 that was
published in the Federal Register at 76 FR 78824 on December 20, 2011,
is adopted as a final rule without change.
[FR Doc. 2012-11486 Filed 5-11-12; 8:45 am]
BILLING CODE 8320-01-P