[Federal Register Volume 77, Number 220 (Wednesday, November 14, 2012)]
[Rules and Regulations]
[Pages 67743-67744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27743]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 77, No. 220 / Wednesday, November 14, 2012 /
Rules and Regulations
[[Page 67743]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Parts 890
RIN 3206-AM74
Federal Employees Health Benefits Program Coverage for Certain
Intermittent Employees
AGENCY: Office of Personnel Management.
ACTION: Interim final rule.
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SUMMARY: The United States Office of Personnel Management (OPM) is
issuing an interim final rule to amend the Federal Employees Health
Benefits Program (FEHBP) regulations to make certain employees who work
on intermittent schedules eligible to be enrolled in a health benefits
plan under the FEHBP. This rule is intended to allow agencies such as
the Federal Emergency Management Agency (FEMA) to apply to OPM for
authorization to offer FEHBP coverage to intermittent employees engaged
in emergency response functions.
DATES: This rule is effective November 9, 2012. OPM must receive
comments on or before January 14, 2013.
ADDRESSES: Send written comments to Michael W. Kaszynski, Senior Policy
Analyst, Planning and Policy Analysis, U.S. Office of Personnel
Management, Room 3415, 1900 E Street NW., Washington, DC; or FAX to
(202) 606-4640 Attn: Michael Kaszynski. You may also submit comments
using the Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT: Michael W. Kaszynski at
[email protected] or (202) 606-0004.
SUPPLEMENTARY INFORMATION: On July 17, 2012, OPM issued an interim
final regulation to extend eligibility for health insurance coverage
under the Federal Employees Health Benefits program (FEHBP) to
temporary firefighters and fire protection personnel. 77 FR 42417. In
addition, in recognition of the fact that there may be other groups of
employees not currently covered by the FEHB program because of the
temporary nature of their appointments, the rule allowed agencies to
request that OPM extend FEHB coverage to similarly situated temporary
employees. We also solicited comments from the public regarding whether
OPM should explicitly provide FEHBP coverage to employees who are
appointed pursuant to Section 306(b)(1) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1))
(``Stafford Act'') to respond to major disasters and emergencies
declared by the President. OPM is currently reviewing the comments it
received in response to its interim final regulation.
In the meantime, a major natural disaster, Hurricane Sandy, struck
the East Coast of the United States at the end of October. The storm
resulted in loss of life and major destruction of property across a
wide swath of the Eastern seaboard. In affected areas, 8.5 million
people have gone without power, gasoline has been scarce, and massive
flooding and cold temperatures have increased the hardship on those
living in the storm's path. President Obama declared that major
disasters had occurred in Connecticut, New York, New Jersey, and Rhode
Island, making disaster assistance available to those in the areas
heaviest hit by the storm. The President also signed federal emergency
declarations for Connecticut, New York, New Jersey, New Hampshire,
Massachusetts, Virginia, West Virginia, Maryland, Pennsylvania,
Delaware, Rhode Island, and the District of Columbia.
Federal agencies, including the Federal Emergency Management Agency
(FEMA), have worked and continue to work with state and local partners
to respond to this emergency. Over 3,000 FEMA employees were
immediately deployed to the hardest hit areas. These FEMA workers may
be exposed to dangerous conditions, and put their health and safety at
risk in order to assist those who have been affected by the storm.
Because many of these FEMA employees work intermittent schedules within
the meaning of 5 CFR 340.403, they are not eligible for FEHBP coverage
under OPM's regulations, specifically 5 CFR 890.102(c)(3).
Pursuant to 5 U.S.C. 8913(b), OPM has broad authority to prescribe
the conditions under which employees are eligible to enroll in the FEHB
program. It is empowered to include or exclude employees on the basis
of the nature and type of their employment or conditions pertaining to
their appointments, ``such as short term appointment, seasonal or
intermittent employment, and employment of like nature.'' Id.
Intermittent emergency response employees often work in conditions that
may expose them to various environmental hazards, similar to the
wildland firefighters covered by the regulation described above. In
light of the need for agencies to attract and bring emergency workers
on board quickly and in recognition of the hazardous conditions those
employees often face, OPM has concluded that its current policy of
categorically excluding intermittent employees from FEHBP coverage is
no longer in the public interest and should be changed. Therefore, OPM
is issuing this interim regulation to allow agencies to request FEHBP
coverage for intermittent employees engaged in emergency response and
recovery work as defined by the Stafford Act. In addition, if OPM
grants any such requests, it is reserving the authority to limit FEHBP
coverage for intermittent employees only to the periods during which
they are in a pay status. This would promote parity between
intermittent employees and temporary employees like the wildland
firefighters, who receive FEHBP coverage only when called up for duty.
It would also allow OPM the discretion to craft an appropriate approach
to health insurance coverage based on the potentially diverse work
schedules of intermittent employees.
Waiver of Proposed Rulemaking
OPM is issuing this regulation as an interim final rule. Under
section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 551
et seq.), an agency may issue a final rule without first publishing a
general notice of proposed rulemaking when it determines, for good
cause, that notice and public comment are impracticable, unnecessary,
or contrary to the public
[[Page 67744]]
interest. We have determined that this standard is satisfied.
Hurricane Sandy left death and massive destruction in its wake.
Many of the people in the storm's path continue to be exposed both to
the elements (just as colder weather has arrived) and to inherently
hazardous conditions where they are located and are thus in immediate
need of emergency assistance. FEMA is playing a major role, working
with state and local partners, to provide this assistance. Therefore,
the federal government has a critical need to deploy additional
qualified emergency response workers to serve the American people.
Moreover, emergency response workers are voluntarily exposing
themselves to hazardous working conditions every day. They have a need
for health insurance coverage to obtain preventive care, to allow for
early detection of potentially serious conditions, and to address any
health issues that may arise as a result of their service. The
regulatory obstacle preventing such agencies as FEMA from submitting a
request for FEHBP coverage of these men and women should thus be
eliminated without delay.
Because of these conditions, OPM has determined that it would be
impracticable, unnecessary, and contrary to the public interest to
delay putting the provisions of this interim final regulation in place
until a public notice and comment process has been completed. We find
good cause to waive the notice of proposed rulemaking and to issue this
final rule on an interim basis. We will accept public comments on this
interim final rule for 60 days.
We are also dispensing with the usual requirement that a new rule
not take effect until 30 days after it is issued. Instead, this rule is
effective immediately upon public display. Immediate effectiveness is
authorized because this is a substantive rule granting an exception to
the prohibition on providing health insurance coverage to intermittent
employees. See 5 U.S.C. 553(d)(1). Moreover, for the reasons set forth
above, there is good cause to make this rule effective immediately.
Regulatory Flexibility Act
I certify that this regulation will not have a significant economic
impact on a substantial number of small entities because the regulation
only adds additional groups to the list of groups eligible for coverage
under FEHB.
Executive Orders 13563 and 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Orders 13563 and 12866.
Federalism
We have examined this rule in accordance with Executive Order
13132, Federalism, and have determined that this rule will not have any
negative impact on the rights, roles and responsibilities of State,
local, or tribal governments.
List of Subjects in 5 CFR Parts 890
Administrative practice and procedure, Government employees, Health
facilities, Health insurance, Health professions, Reporting and
recordkeeping requirements, Retirement.
U.S. Office Of Personnel Management.
John Berry,
Director.
Accordingly, OPM is amending title 5, Code of Federal Regulations,
Chapter I as follows:
PART 890--FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM
0
1. The authority citation for Part 890 continues to read as follows:
Authority: 5 U.S.C. 8913; Sec. 890.301 also issued under sec.
311 of Pub. L. 111-03, 123 Stat. 64; Sec. 890.111 also issued under
section 1622(b) of Pub. L. 104-106, 110 Stat. 521; Sec. 890.112 also
issued under section 1 of Pub. L. 110-279, 122 Stat. 2604; 5 U.S.C.
8913; Sec. 890.803 also issued under 50 U.S.C. 403p, 22 U.S.C. 4069c
and 4069c-1; subpart L also issued under sec. 599C of Pub. L. 101-
513, 104 Stat. 2064, as amended; Sec. 890.102 also issued under
sections 11202(f), 11232(e), 11246(b) and (c) of Pub. L. 105-33, 111
Stat. 251; and section 721 of Pub. L. 105-261, 112 Stat. 2061.
0
2. Section 890.102 is amended by revising paragraph (i) to read as
follows:
Sec. 890.102 Coverage.
* * * * *
(i) Notwithstanding paragraphs (c)(1) through (3) of this section,
upon request by the employing agency, OPM may grant eligibility to
employees performing similar types of emergency response services to
enroll in a health benefits plan under this part. In granting
eligibility requests, OPM may limit the coverage of intermittent
employees under a health benefits plan to the periods of time during
which they are in a pay status.
[FR Doc. 2012-27743 Filed 11-9-12; 4:15 pm]
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