Removal of Obsolete Portion of Regulation Relating to Care and Treatment of Ineligible Individuals
| Published date | 15 June 2020 |
| Citation | 85 FR 36182 |
| Record Number | 2020-12749 |
| Section | Proposed rules |
| Court | Indian Health Service |
Federal Register, Volume 85 Issue 115 (Monday, June 15, 2020)
[Federal Register Volume 85, Number 115 (Monday, June 15, 2020)]
[Proposed Rules]
[Pages 36182-36183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12749]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
42 CFR Part 136
[Docket No. IHS-FRDOC-0001]
RIN 0917-AA14
Removal of Obsolete Portion of Regulation Relating to Care and
Treatment of Ineligible Individuals
AGENCY: Indian Health Service, Department of Health and Human Services.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Indian Health Service (IHS) of the Department of Health
and Human Services (HHS or ``the Department'') is issuing this Notice
of Proposed Rulemaking (NPRM) to remove obsolete language appearing in
the Code of Federal Regulations, regarding the rates charged for the
provision of IHS services to ineligible individuals.
DATES: Comments due on or before August 14, 2020.
ADDRESSES: You may submit comments to this proposed rule, identified by
RIN 0917-AA14 by any of the following methods:
Federal eRulemaking Portal. You may submit electronic
comments at http://www.regulations.gov by searching for the Docket ID
number IHS-FRDOC-0001. Follow the instructions http://www.regulations.gov online for submitting comments through this method.
Regular, Express, or Overnight Mail: You may mail comments
to Indian Health Service, Attention: Evonne Bennett, Acting Director,
NPRM, RIN 0917-AA14, Division of Regulatory and Policy Coordination,
Office of Management Services, Indian Health Service, 5600 Fishers
Lane, Mailstop: 09E70, Rockville, Maryland 20857.
All comments received by the methods and due date specified above
will be posted without change to content to http://www.regulations.gov,
including any personal information provided about the commenter, and
such posting may occur before or after the closing of the comment
period.
Docket: For complete access to background documents or posted
comments, go to http://www.regulations.gov and search for Docket ID
number IHS-FRDOC-0001.
FOR FURTHER INFORMATION CONTACT: Evonne Bennett, Acting Director,
Division of Regulatory and Policy Coordination, Office of Management
Services, IHS, 5600 Fishers Lane, Rockville, MD 20857, Mail Stop:
09E70. Telephone (301) 443-1116 (This is not a toll-free number).
SUPPLEMENTARY INFORMATION: In response to Executive Order 13777, Sec.
3(d), which directs agencies to repeal existing regulations that are
``outdated, unnecessary or ineffective'' from the CFR, HHS proposes to
remove outdated language appearing in the CFR at 42 CFR 136.14. The
regulations in this part establish general principles and program
requirements for carrying out Indian health programs. Regarding the
provision of IHS services to ineligible individuals, Sec. 136.14(b)
provides that such individuals should be charged ``rates approved by
the Assistant Secretary for Health and Surgeon
[[Page 36183]]
General published in the Federal Register.'' The Assistant Secretary
for Health and the Surgeon General no longer approve or publish such
rates. The Agency therefore proposes the removal of this unnecessary
language. If the outdated language of Sec. 136.14(b) were to be
removed as proposed, Sec. 136.14 in its entirety would read: ``(a) In
case of an emergency, as an act of humanity, individuals not eligible
under Sec. 136.12 may be provided temporary care and treatment in
Service facilities; (b) Charging ineligible individuals. Where the
Service Unit Director determines that an ineligible individual is able
to defray the cost of care and treatment, the individual shall be
charged. Reimbursement from third-party payors may be arranged by the
patient or by the Service on behalf of the patient.''
Executive Orders 12866, 13563, 13771, and 13777
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives. Section 3(f)
of Executive Order 12866 defines a ``significant regulatory action'' as
an action that is likely to result in a rule: (1) Having an annual
effect on the economy of $100 million or more in any 1 year, or
adversely and materially affecting a sector of the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local or Tribal governments or communities (also
referred to as ``economically significant''); (2) creating a serious
inconsistency or otherwise interfering with an action taken or planned
by another agency; (3) materially altering the budgetary impacts of
entitlement grants, user fees, or loan programs or the rights and
obligations of recipients thereof; or (4) raising novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in the Executive Order. A regulatory impact
analysis (RIA) must be prepared for major rules with economically
significant effects ($100 million or more in any 1 year). HHS submits
that this proposed rule is not ``economically significant'' as measured
by the $100 million threshold, and hence not a major rule under the
Congressional Review Act. This rule has not been designated as a
``significant regulatory action'' under Executive Order 12866.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
Executive Order 13771, titled, ``Reducing Regulation and
Controlling Regulatory Costs,'' was issued on January 30, 2017.
Executive Order 13771 directs agencies to categorize all impacts which
generate or alleviate costs associated with regulatory burden and to
determine the actions net incremental effect. HHS identifies this
proposed rule as a deregulatory action (removing an obsolete rule from
the CFR) that provides no cost savings.
Executive Order 13777, titled, ``Enforcing the Regulatory Reform
Agenda,'' was issued on February 24, 2017. As required by Section 3 of
this Executive Order, HHS established a Regulatory Reform Task Force
(HHS Task Force). Pursuant to Section 3(d)(ii), the HHS Task Force
evaluated this rulemaking and determined that these regulations are
``outdated, unnecessary, or ineffective.'' Following this finding, the
HHS Task Force advised IHS to initiate this rulemaking to remove the
unnecessary regulation from the CFR.
Regulatory Flexibility Act
This action will not have a significant economic impact on Indian
health programs. Therefore, the regulatory flexibility analysis
provided for under the Regulatory Flexibility Act is not required.
Paperwork Reduction Act
This action does not affect any information collections.
List of Subjects in 42 CFR 136
Care and treatment of ineligible individuals.
For the reasons set forth above, the Department of Health and Human
Services proposes to amend 42 CFR 136.14 as follows:
PART 136--INDIAN HEALTH
0
1. The authority citation for part 136 continues to read as follows:
Authority: 25 U.S.C. 13; sec. 3, 68 Stat. 674 (42 U.S.C. 2001,
2003); Sec. 1, 42 Stat. 208 (25 U.S.C. 13); 42 U.S.C. 2001.
0
2. Amend Sec. [thinsp]136.14 by revising paragraph (b) to read as
follows:
Sec. 136.14 Care and treatment of ineligible individuals.
* * * * *
(b) Charging ineligible individuals. Where the Service Unit
Director determines that an ineligible individual is able to defray the
cost of care and treatment, the individual shall be charged.
Reimbursement from third-party payors may be arranged by the patient or
by the Service on behalf of the patient.
* * * * *
Dated: March 13, 2020.
Michael D. Weahkee,
RADM, Assistant Surgeon General, U.S. Public Health Service, Principal
Deputy Director, Indian Health Service.
Approved: April 9, 2020.
Alex M. Azar II,
Secretary, Department of Health and Human Services.
[FR Doc. 2020-12749 Filed 6-12-20; 8:45 am]
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