95-19392. Sickness Benefits

[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Rules and Regulations]
[Page 40073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19392]



=======================================================================
-----------------------------------------------------------------------

RAILROAD RETIREMENT BOARD

20 CFR Part 335

RIN 3220-AB11


Sickness Benefits

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Railroad Retirement Board (Board) hereby amends its 
regulations under the Railroad Unemployment Insurance Act (RUIA) to 
permit a ``physician assistant-certified'' and an ``accredited 
Christian Science practitioner'' to execute a statement of sickness in 
support of payments of sickness benefits under the RUIA. The rule would 
also eliminate certain obsolete language.

EFFECTIVE DATE: August 7, 1995.

ADDRESSES: Secretary to the Board, Railroad Retirement Board, 844 Rush 
Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT: Thomas W. Sadler, Assistant General 
Counsel, Railroad Retirement Board, 844 Rush Street, Chicago, Illinois 
60611, [phone], TDD [phone], TDD (FTS [phone]).

SUPPLEMENTARY INFORMATION: Section 335.2(a)(2) provides that in order 
to be entitled to sickness benefits under the RUIA, a claimant must 
provide a ``statement of sickness''. Section 335.3(a) of the Board's 
regulations lists the individuals from whom the Board will accept a 
statement of sickness. That list does not currently include physicians 
assistants. In many parts of the country, physicians assistants are 
more accessible (and their services less expensive) than licensed 
medical doctors (MD's). Under previous regulations, the Board will not 
accept a statement of sickness or supplemental statement of sickness 
from a physician assistant unless there is some follow-up verification 
that the physician assistant completed the statement under the 
supervision of a medical doctor. This is administratively costly and in 
many cases unnecessarily delays payment of sickness benefits. Thus, the 
Board adds ``physician assistant-certified'' to the list of individuals 
from who it will accept a statement of sickness. In addition, under 
present practice the Board recognizes an accredited Christian Science 
practitioner as qualified to execute a statement of sickness. Thus, the 
regulation also adds this category to its list of qualified 
individuals.
    The Board also amends Sec. 335.4(d)(5) of its regulations by 
deleting the first sentence of paragraph (d)(5), which relates to the 
filing of a statement of sickness by a female employee whose claim for 
sickness benefits is based upon pregnancy, miscarriage, or childbirth. 
The special form required by paragraph (d)(5) is no longer used, since, 
for purposes of filing for sickness benefits, a distinction is no 
longer made between pregnancy, miscarriage or childbirth, and other 
illnesses.
    On March 16, 1995, the Board published this rule as a proposed rule 
(60 FR 14241) inviting comments on or before April 17, 1995. No 
comments were received. The only change that has been made to the 
proposed rule is the addition of ``accredited Christian Science 
practitioner'', discussed above, which merely conforms the regulation 
to current practice. The Board has determined that this is not a major 
rule for purposes of Executive Order 12866. Therefore, no regulatory 
analysis is required. The information collections contemplated by this 
part have been approved by the Office of Management and Budget under 
control number 3220-0039.

List of Subjects in 20 CFR Part 335

    Railroad employees, Railroad sickness benefits.

    For the reasons set out in the preamble, title 20, chapter II of 
the Code of Federal Regulations is amended as follows:

PART 335--SICKNESS BENEFITS

    1. The authority citation for part 335 continues to read as 
follows:

    Authority: 45 U.S.C. 362(i) and 362(l).

    2. Section 335.3(a) is amended by removing ``or'' at the end of 
paragraph (a)(6), by replacing the period at the end of paragraph 
(a)(7) with ``;'', and by adding new paragraphs (a)(8) and (a)(9) to 
read as follows:


Sec. 335.3  Execution of statement of sickness and supplemental 
doctor's statement.

    (a) Who may execute. * * *
    (8) A physician assistant-certified (PAC); or
    (9) An accredited Christian Science Practitioner.
* * * * *


Sec. 335.4  [Amended]

    3. Section 335.4(d)(5) is amended by removing the first sentence.

    Dated: July 31, 1995.

    By authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 95-19392 Filed 8-4-95; 8:45 am]
BILLING CODE 7905-01-M