|
U.S. Code as of:
01/19/04
Section 2651. Recovery by United States
(a) Conditions; exceptions; persons liable; amount of recovery;
subrogation; assignment
In any case in which the United States is authorized or required
by law to furnish or pay for hospital, medical, surgical, or dental
care and treatment (including prostheses and medical appliances) to
a person who is injured or suffers a disease, after the effective
date of this Act, under circumstances creating a tort liability
upon some third person (other than or in addition to the United
States and except employers of seamen treated under the provisions
of section 249 of this title) to pay damages therefor, the United
States shall have a right to recover (independent of the rights of
the injured or diseased person) from said third person, or that
person's insurer, the reasonable value of the care and treatment so
furnished, to be furnished, paid for, or to be paid for and shall,
as to this right be subrogated to any right or claim that the
injured or diseased person, his guardian, personal representative,
estate, dependents, or survivors has against such third person to
the extent of the reasonable value of the care and treatment so
furnished, to be furnished, paid for, or to be paid for. The head
of the department or agency of the United States furnishing such
care or treatment may also require the injured or diseased person,
his guardian, personal representative, estate, dependents, or
survivors, as appropriate, to assign his claim or cause of action
against the third person to the extent of that right or claim.
(b) Recovery of cost of pay for member of uniformed services unable
to perform duties
If a member of the uniformed services is injured, or contracts a
disease, under circumstances creating a tort liability upon a third
person (other than or in addition to the United States and except
employers of seamen referred to in subsection (a) of this section)
for damages for such injury or disease and the member is unable to
perform the member's regular military duties as a result of the
injury or disease, the United States shall have a right
(independent of the rights of the member) to recover from the third
person or an insurer of the third person, or both, the amount equal
to the total amount of the pay that accrues and is to accrue to the
member for the period for which the member is unable to perform
such duties as a result of the injury or disease and is not
assigned to perform other military duties.
(c) United States deemed third party beneficiary under alternative
system of compensation
(1) If, pursuant to the laws of a State that are applicable in a
case of a member of the uniformed services who is injured or
contracts a disease as a result of tortious conduct of a third
person, there is in effect for such a case (as a substitute or
alternative for compensation for damages through tort liability) a
system of compensation or reimbursement for expenses of hospital,
medical, surgical, or dental care and treatment or for lost pay
pursuant to a policy of insurance, contract, medical or hospital
service agreement, or similar arrangement, the United States shall
be deemed to be a third-party beneficiary of such a policy,
contract, agreement, or arrangement.
(2) For the purposes of paragraph (1) -
(A) the expenses incurred or to be incurred by the United
States for care and treatment for an injured or diseased member
as described in subsection (a) of this section shall be deemed to
have been incurred by the member;
(B) the cost to the United States of the pay of the member as
described in subsection (b) of this section shall be deemed to
have been pay lost by the member as a result of the injury or
disease; and
(C) the United States shall be subrogated to any right or claim
that the injured or diseased member or the member's guardian,
personal representative, estate, dependents, or survivors have
under a policy, contract, agreement, or arrangement referred to
in paragraph (1) to the extent of the reasonable value of the
care and treatment and the total amount of the pay deemed lost
under subparagraph (B).
(d) Enforcement procedure; intervention; joinder of parties; State
or Federal court proceedings
The United States may, to enforce a right under subsections (a),
(b), and (c) of this section (1) intervene or join in any action or
proceeding brought by the injured or diseased person, his guardian,
personal representative, estate, dependents, or survivors, against
the third person who is liable for the injury or disease or the
insurance carrier or other entity responsible for the payment or
reimbursement of medical expenses or lost pay; or (2) if such
action or proceeding is not commenced within six months after the
first day in which care and treatment is furnished or paid for by
the United States in connection with the injury or disease
involved, institute and prosecute legal proceedings against the
third person who is liable for the injury or disease or the
insurance carrier or other entity responsible for the payment or
reimbursement of medical expenses or lost pay, in a State or
Federal court, either alone (in its own name or in the name of the
injured person, his guardian, personal representative, estate,
dependents, or survivors) or in conjunction with the injured or
diseased person, his guardian, personal representative, estate,
dependents, or survivors.
(e) Veterans' exception
The provisions of this section shall not apply with respect to
hospital, medical, surgical, or dental care and treatment
(including prostheses and medical appliances) furnished by the
Department of Veterans Affairs to an eligible veteran for a
service-connected disability under the provisions of chapter 17 of
title 38.
(f) Crediting of amounts recovered
(1) Any amount recovered under this section for medical care and
related services furnished by a military medical treatment facility
or similar military activity shall be credited to the appropriation
or appropriations supporting the operation of that facility or
activity, as determined under regulations prescribed by the
Secretary of Defense.
(2) Any amount recovered under this section for the cost to the
United States of pay of an injured or diseased member of the
uniformed services shall be credited to the appropriation that
supports the operation of the command, activity, or other unit to
which the member was assigned at the time of the injury or illness,
as determined under regulations prescribed by the Secretary
concerned.
(g) Definitions
For the purposes of this section:
(1) The term "uniformed services" has the meaning given such
term in section 101 of title 10.
(2) The term "tortious conduct" includes any tortiousomission.
(3) The term "pay", with respect to a member of the uniformed
services, means basic pay, special pay, and incentive pay that
the member is authorized to receive under title 37 or any other
law providing pay for service in the uniformed services.
(4) The term "Secretary concerned" means -
(A) the Secretary of Defense, with respect to the Army, the
Navy, the Air Force, the Marine Corps, and the Coast Guard
(when it is operating as a service in the Navy);
(B) the Secretary of Transportation, with respect to the
Coast Guard when it is not operating as a service in the Navy;
(C) the Secretary of Health and Human Services, with respect
to the commissioned corps of the Public Health Service; and
(D) the Secretary of Commerce, with respect to the
commissioned corps of the National Oceanic and Atmospheric
Administration.
|
|