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DOD/DODOASHA RIN: 0720-AB82 Publication ID: Spring 2022 
Title: TRICARE Coverage of Certain Medical Benefits in Response to the COVID-19 Pandemic 

This final rule will publish under the title "TRICARE Coverage and Reimbursement of Certain Services Resulting from Temporary Program Changes in Response to the COVID-19 Pandemic,” related to RINs 0720-AB81 and 0720-AB83. 

The Department of Defense is finalizing an interim final rule that temporarily amended 32 CFR part 199 to revise certain elements of the TRICARE program under 32 CFR part 199 to: (1) waive the three-day prior hospital qualifying stay requirement for coverage of skilled nursing facility care; (2) add coverage for treatment use of investigational drugs under expanded access authorized by the United States (U.S.) Food and Drug Administration (FDA) when for the treatment of coronavirus disease 2019 (COVID-19); (3) waive certain provisions for acute care hospitals that permitted authorization of temporary hospital facilities and freestanding ambulatory surgical centers providing inpatient and outpatient hospital services; and, consistent with similar changes under the Centers for Medicaid and Medicare Services; (4) revise diagnosis related group (DRG) reimbursement by temporarily reimbursing DRGs at a 20 percent higher rate for COVID-19 patients; and (5) waive certain requirements for long term care hospitals. The final action permanently adopts Medicare's New Technology Add-On Payments adjustment to DRGs for new medical services and technologies and adopted Medicare's Hospital Value Based Purchasing Program.

The final rule adopts the interim final rule with changes, except for the note to section 199.4(g)(15)(i)(A), published at 85 FR 54923, September 3, 2020, which remains interim. That provision will be finalized in a separate final rule. 

Agency: Department of Defense(DOD)  Priority: Other Significant 
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 U.S.C. 301    10 U.S.C. ch. 55   
Legal Deadline:  None
Action Date FR Cite
Interim Final Rule  09/03/2020  85 FR 54915   
Interim Final Rule Effective  09/03/2020 
Interim Final Rule Comment Period End  11/02/2020 
Final Action  06/01/2022  87 FR 33001   
Final Action; Correction  06/08/2022  87 FR 34779   
Final Action Effective  07/01/2022 
Final Action; Correction Effective  07/01/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Related RINs: Related to 0720-AB81, Related to 0720-AB83 
Agency Contact:
Erica Ferron
Defense Health Agency, Medical Benefits and Reimbursement Division
Department of Defense
Office of Assistant Secretary for Health Affairs
16401 E Centretech Parkway,
Aurora, CO 80011-9066
Phone:303 676-3626