Proposed Rule2022-02065
Consultative Examinations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 3, 2022
Issuing agencies
Railroad Retirement Board
Abstract
The Railroad Retirement Board proposes to amend its regulations concerning consultative examinations used in adjudication of claims for disability annuities. The amendment will permit psychological and psychiatric consultative examinations to be conducted through the use of video teleconferencing technology. The amendment will allow the remote conduct of examinations where physical contact is not required and will facilitate medical evaluations when physical proximity is not feasible.
Full Text
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<title>Federal Register, Volume 87 Issue 23 (Thursday, February 3, 2022)</title>
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[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Proposed Rules]
[Pages 6094-6095]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02065]
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RAILROAD RETIREMENT BOARD
20 CFR Part 220
RIN 3220-AB77
Consultative Examinations
AGENCY: Railroad Retirement Board.
ACTION: Proposed rule.
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SUMMARY: The Railroad Retirement Board proposes to amend its
regulations concerning consultative examinations used in adjudication
of claims for disability annuities. The amendment will permit
psychological and psychiatric consultative examinations to be conducted
through the use of video teleconferencing technology. The amendment
will allow the remote conduct of examinations where physical contact is
not required and will facilitate medical evaluations when physical
proximity is not feasible.
DATES: Submit comments on or before April 4, 2022.
ADDRESSES: You may send comments, identified by RIN number, by any of
the following methods:
Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for sending comments.
Email: <a href="/cdn-cgi/l/email-protection#90c3f5f3e2f5e4f1e2e9e4ffe4f8f5d2fff1e2f4d0c2c2d2bef7ffe6"><span class="__cf_email__" data-cfemail="eebd8b8d9c8b9a8f9c979a819a868bac818f9c8aaebcbcacc0898198">[email protected]</span></a>. Include RIN 3220-AB77 in the
subject line of the message.
Mail: Secretary to the Board, Railroad Retirement Board, 844 N Rush
St., Chicago, IL 60611-1275.
FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, (312) 751-4945,
[[Page 6095]]
TTD (312) 751-4701, <a href="/cdn-cgi/l/email-protection#eca18d9e8b99899e859889c2a88d888d8e83ac9e9e8ec28b839a"><span class="__cf_email__" data-cfemail="80cde1f2e7f5e5f2e9f4e5aec4e1e4e1e2efc0f2f2e2aee7eff6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Railroad Retirement Board (Board)
proposes to amend its disability regulations to allow video
teleconferencing technology (VTT) to be used to conduct a psychological
or a psychiatric consultative examination in a case where such
technology permits proper evaluation of a claimant. A VTT consultative
examination is an examination conducted through a telecommunications
system that allows the examining physician or psychologist and the
claimant to see and hear each other for the purpose of communication in
real time. A VTT consultative examination must comply with all
requirements for consultative examinations in subpart G of Part 220 of
the Board's regulations, 20 CFR part 220, subpart G. In addition, the
following requirements must be followed if a VTT consultative
examination is used. The examining physician or psychologist must be
currently licensed in the state in which the provider practices.
The examining physician or psychologist must have the training and
experience to perform the type of examination requested. The examining
physician or psychologist must have access to VTT, and the claimant
must live in the same state in which the provider practices. The
claimant shall have the right to refuse a VTT consultative examination
without penalty.
Regulatory Requirements
Executive Order 12866, as Supplemented by Executive Order 13563
We consulted with the Office of Management and Budget (OMB) and
determined that this proposed rule does not meet the criteria for a
significant regulatory action under Executive Order 12866, as
supplemented by Executive Order 13563.
Executive Order 13132 (Federalism)
This proposed rule will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, the Board believes that this proposed rule
will not have sufficient federalism implications to warrant the
preparation of a federalism summary impact statement.
Regulatory Flexibility Act
We certify that this proposed rule would not have a significant
economic impact on a substantial number of small entities because the
proposed rule affects individuals only. Therefore, a regulatory
flexibility analysis is not required under the Regulatory Flexibility
Act, as amended.
Unfunded Mandates Reform Act of 1995
This proposed rule will not result in the expenditure by State,
local, and Tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any one year, and it will not
significantly or uniquely affect small governments. Therefore, no
actions are deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Paperwork Reduction Act
This proposed rule does not create any new or affect any existing
collections and, therefore, does not require OMB approval under the
Paperwork Reduction Act.
List of Subjects in 20 CFR Part 220
Disability benefits, railroad employees, railroad retirement.
For the reasons discussed in the Preamble, the Railroad Retirement
Board proposes to amend 20 CFR part 220 as follows:
PART 220--DETERMINING DISABILITY
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1. The authority citation for part 220 continues to read as follows:
Authority: 45 U.S.C. 231a; 45 U.S.C. 231f.
0
2. Amend Sec. 220.57 by adding paragraph (c) to read as follows:
Sec. 220.57 Types of purchased examinations and selection of sources.
* * * * *
(c) Use of Video Teleconferencing Technology. Video
teleconferencing technology (VTT) may be used for a psychological or a
psychiatric consultative examination provided that the following
requirements are met:
(1) The examining physician or psychologist is currently state-
licensed in the state in which the provider practices;
(2) The examining physician or psychologist has the training and
experience to perform the type of examination requested;
(3) The examining physician or psychologist has access to video
teleconferencing technology;
(4) The examining physician or psychologist is permitted to perform
the exam in accordance with state licensing laws and regulations;
(5) The protocol for the examination does not require physical
contact;
(6) The claimant has the right to refuse a VTT examination without
penalty; and
(7) The VTT examination complies with all requirements in this
Subpart governing consultative examinations.
Dated: January 27, 2022.
For the Board
Stephanie Hillyard,
Secretary to the Board.
[FR Doc. 2022-02065 Filed 2-2-22; 8:45 am]
BILLING CODE P
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