Sec. 2, 76 Stat. 593; 42 U.S.C. 2651-2653; E.O.11060, 3 CFR, 1959-1963 Comp., p. 651.
For establishment and determination of certainrates for use in connection with recovery from tortiously liable third persons,see notice documents published by the Office of Management and Budget each yearin the
(a) The head of a Department or Agency of the United States responsible forthe furnishing of hospital, medical, surgical or dental care and treatment(including prostheses and medical appliances), or his designee, shall determinewhether such hospital, medical, surgical or dental care and treatment was orwill be furnished for an injury or disease caused under circumstances entitlingthe United States to recovery under the Act of September 25, 1962 (Pub. L.87-693); and, if it is so determined, shall, subject to the provisions of§ 43.3, assert a claim against such third person for the reasonablevalue of such care and treatment. The Department of Justice, or a Department orAgency responsible for the furnishing of such care and treatment may request anyother Department or Agency to investigate, determine, or assert a claim underthe regulations in this part.
(b) Each Department or Agency is authorized to implement the regulations inthis part to give full force and effect thereto.
(c) The provisions of the regulations in this part shall not apply withrespect to hospital, medical, surgical, or dental care and treatment (includingprostheses and medical appliances) furnished by the Veterans Administration toan eligible veteran for a service-connected disability under the provisions ofchapter 17 of title 38 of the U.S. Code.
(a) In the discretion of the Department or Agency concerned, any personfurnished care and treatment under circumstances in which the regulations inthis part may be applicable, his guardian, personal representative, estate,dependents or survivors may be required:
(1) To assign in writing to the United States his claim or cause of actionagainst the third person to the extent of the reasonable value of the care andtreatment furnished or to be furnished, or any portion thereof;
(2) To furnish such information as may be requested concerning thecircumstances giving rise to the injury or disease for which care and treatmentis being given and concerning any action instituted or to be instituted by oragainst a third person;
(3) To notify the Department or Agency concerned of a settlement with, or anoffer of settlement from, a third person; and
(4) To cooperate in the prosecution of all claims and actions by the UnitedStates against such third person.
(b) [Reserved]
(a) The head of the Department or Agency of the United States asserting suchclaim, or his or her designee, may:
(1) Accept the full amount of a claim and execute a release therefor;
(2) Compromise or settle and execute a release of any claim, not in excess of$100,000, which the United States has for the reasonable value of such care andtreatment; or
(3) Waive and in this connection release any claim, not in excess of$100,000, in whole or in part, either for the convenience of the Government, orif the head of the Department or Agency, or his or her designee, determines thatcollection would result in undue hardship upon the person who suffered
(b) Claims in excess of $100,000 may be compromised, settled, waived, andreleased only with the prior approval of the Department of Justice.
(c) The authority granted in this section shall not be exercised in any casein which:
(1) The claim of the United States for such care and treatment has beenreferred to the Department of Justice; or
(2) A suit by the third party has been instituted against the United Statesor the individual who received or is receiving the care and treatment describedin § 43.1 and the suit arises out of the occurrence which gave riseto the third-party claim of the United States.
(d) The Departments and Agencies concerned shall consult the Department ofJustice in all cases involving:
(1) Unusual circumstances;
(2) A new point of law which may serve as a precedent; or
(3) A policy question where there is or may be a difference of views betweenany of such Departments and Agencies.
The head of each Department or Agency concerned, or his designee, shallreport annually to the Attorney General, by March 1, commencing in 1964, thenumber and dollar amount of claims asserted against, and the number and dollaramount of recoveries from third persons.