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DOD/DODOASHA RIN: 0720-AB40 Publication ID: Spring 2011 
Title: TRICARE; Changes Included in the National Defense Authorization Act for Fiscal Year 2010; Expansion of Survivor Eligibility Under the TRICARE Dental Program 
Abstract: The Department is publishing this rule to implement section 704 of the National Defense Authorization Act for Fiscal Year 2010 (NDAA for FY10), Public Law 111-84. Specifically, that legislation expands the survivor eligibility under the TRICARE Dental Program (TDP). The legislation entitles a child or unmarried person placed in legal custody of a member or former member, as defined in 10 U.S.C. section 1072(2), subparagraph (D) or (I), continuation of eligibility for the TDP. The period of continued eligibility for these dependents shall be the longer of the following periods beginning on the date of the member's death: (1) three years; (2) the period ending on the date on which such dependent attains 21 years of age; or (3) in the case of such dependent who, at 21 years of age, is enrolled in a full-time course of study in a secondary school or in a full-time course of study in an institution of higher education approved by the administering Secretary and was, at the time of the member's death, in fact dependent on the member for over one-half of such dependent's support, the period ending on the earlier of the following dates: (a) The date on which such dependent ceases to pursue such a course of study, as determined by the administering Secretary; or (b) the date on which such dependent attains 23 years of age. This proposed rule does not expand the TDP eligibility of other eligible survivors. Survivors, who meet the new eligibility requirements, will regain TDP eligibility as of the publishing of the final rule in the Federal Register. Retroactive payment of premiums or claims paid for dental treatment during the time of loss of TDP eligibility will not be reimbursed to surviving dependents. 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 32 CFR 199   
Legal Authority: 5 USC 301    10 USC ch 55   
Legal Deadline:  None
Action Date FR Cite
NPRM  08/18/2010  75 FR 50950   
NPRM Comment Period End  10/18/2010    
Final Action  06/00/2011    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Robert Mitton
Department of Defense
Office of Assistant Secretary for Health Affairs
1200 Defense Pentagon,
Washington, DC 20301-1200
Phone:703 681-0039
Fax:703 681-1219