Rule2022-09905
Consultative Examinations
Primary source
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Published
May 9, 2022
Effective
May 9, 2022
Issuing agencies
Railroad Retirement Board
Abstract
The Railroad Retirement Board amends its regulations concerning consultative examinations used in adjudication of claims for disability annuities. The amendment permits psychological and psychiatric consultative examinations to be conducted through the use of video teleconferencing technology. The amendment allows the remote conduct of examinations where physical contact is not required and facilitates medical evaluations when physical proximity is not feasible.
Full Text
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<title>Federal Register, Volume 87 Issue 89 (Monday, May 9, 2022)</title>
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[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Rules and Regulations]
[Pages 27512-27513]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09905]
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RAILROAD RETIREMENT BOARD
20 CFR Part 220
RIN 3220-AB77
Consultative Examinations
AGENCY: Railroad Retirement Board.
ACTION: Final rule.
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SUMMARY: The Railroad Retirement Board amends its regulations
concerning consultative examinations used in adjudication of claims for
disability annuities. The amendment permits psychological and
psychiatric consultative examinations to be conducted through the use
of video teleconferencing technology. The amendment allows the remote
conduct of examinations where physical contact is not required and
facilitates medical evaluations when physical proximity is not
feasible.
DATES: This regulation is effective May 9, 2022.
FOR FURTHER INFORMATION CONTACT: Marguerite P. Dadabo, (312) 751-4945,
TTD (312) 751-4701, <a href="/cdn-cgi/l/email-protection#96dbf7e4f1e3f3e4ffe2f3b8d2f7f2f7f4f9d6e4e4f4b8f1f9e0"><span class="__cf_email__" data-cfemail="efa28e9d889a8a9d869b8ac1ab8e8b8e8d80af9d9d8dc1888099">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Railroad Retirement Board (Board) amends
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
[[Page 27513]]
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.
A proposed rule was published on February 3, 2022, and comments
were requested by April 4, 2022, 87 FR 6094, February 3, 2022. One
comment was submitted. While expressing support for the proposed change
as ``a positive change by the agency to embrace the technological
transformation,'' the commenter quoted the proposed sentence in Sec.
220.57(c)(2), which states that ``[t]he examining physician or
psychologist has the training and experience to perform the type of
examination requested'' and commented that this statement does not
quantify the required minimum years of experience for the examining
physician or psychologist. The commenter explained that unless years of
experience are specified, any physician with just 1 prior experience of
performing such kind of examination will be qualified and suggested
that the minimum number of years of experience be added to the clause
to avoid any confusion and make the rule clear. The Board considered
the commenter's suggestion, but decided not to quantify a minimum
number of years of experience to use VTT as the examining physician or
psychologist would be licensed and in good standing in the state in
which he or she practices and would have the training and experience
necessary to perform the type of examination or test required.
No changes were made in the proposed rule, which is now being
published as a final regulation.
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 final 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 final 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 final rule will
not have sufficient federalism implications to warrant the preparation
of a federalism summary impact statement.
Regulatory Flexibility Act
We certify that this final rule would not have a significant
economic impact on a substantial number of small entities because the
final 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 final 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 final 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 amends 20 CFR part 220 as follows:
PART 220--DETERMINING DISABILITY
0
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: May 4, 2022.
For the Board.
Stephanie Hillyard,
Secretary to the Board.
[FR Doc. 2022-09905 Filed 5-6-22; 8:45 am]
BILLING CODE 7905-01-P
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