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DOD/DODOASHA RIN: 0720-AB51 Publication ID: Fall 2011 
Title: ●TRICARE; Constructive Eligibility for TRICARE Benefits of Certain Persons Otherwise Ineligible Under Retroactive Determination of Entitlement to Medicare Part A Hospital Insurance Benefits 
Abstract: This rule implements section 706 of the National Defense Authorization Act (NDAA) for Fiscal Year 2010, Public Law 111-84. Specifically, section 706 exempts TRICARE beneficiaries under the age of 65 who become disabled from the requirement to enroll in Medicare Part B for the retroactive months of entitlement to Medicare Part A in order to maintain TRICARE coverage. This statutory amendment and rule only impact eligibility for the period in which the beneficiary's disability determination is pending before the Social Security Administration. Eligible beneficiaries will still be required to enroll in Medicare Part B in order to maintain their TRICARE coverage for future months, but will be considered to have coverage under the TRICARE program for the months retroactive to their entitlement to Medicare Part A. This rule also amends the eligibility section of the TRICARE regulation to more clearly address reinstatement of TRICARE eligibility following a gap in coverage due to lack of enrollment in Medicare Part B. 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: First time 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  09/20/2011  76 FR 58204   
NPRM Comment Period End  11/21/2011    
Final Action  05/00/2012    
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:
Patricia Lynn Toppings
Director, Regulatory Directorate
Department of Defense
DIOR\ICD, 4800 Mark Center Drive, East Tower, Suite 08F07,
Alexandria, VA 22350-3100
Phone:571 372-0485
Fax:571 372-0487