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DOD/DODOASHA RIN: 0720-AB24 Publication ID: Fall 2008 
Title: ●TRICARE; Morbid Obesity 
Abstract: This rule modifies the TRICARE program regulation on surgery for morbid obesity to allow benefit consideration for the newest bariatric surgical procedures that are considered appropriate medical care. The rule does not expand the TRICARE benefit for morbid obesity surgery; however, it makes the specific procedures that are covered, and the clinical conditions for which coverage may be extended, a matter of policy. This change is necessary under the current regulation because surgical procedures for morbid obesity, other than gastric bypass, gastric stapling, and gastroplasty, are not payable, even if the safety and efficacy of the procedures are comparable or superior to the established bariatric surgical procedures. The law and regulation entitled TRICARE beneficiaries to medically necessary and appropriate care—care that is considered generally accepted norms for medical practice. 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 32 CFR 199   
Legal Authority: 5 USC 301    10 USC ch 55   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/00/2009    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Gail Jones
Department of Defense
Office of Assistant Secretary for Health Affairs
1200 Defense Pentagon,
Washington, DC 20301
Phone:303 676-3401