(a) In the discretion of the Department or Agency concerned, any person furnished care and treatment under circumstances in which the regulations in this 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 action against the third person to the extent of the reasonable value of the care and treatment furnished or to be furnished, or any portion thereof;
(2) To furnish such information as may be requested concerning the circumstances giving rise to the injury or disease for which care and treatment is being given and concerning any action instituted or to be instituted by or against a third person;
(3) To notify the Department or Agency concerned of a settlement with, or an offer of settlement from, a third person; and
(4) To cooperate in the prosecution of all claims and actions by the United States against such third person.
(b) [Reserved]
[Order No. 289-62, 27 FR 11317, Nov. 16, 1962, as amended by Order No. 896-80, 45 FR 39841, June 12, 1980]
Notes of Decisions
In Re Dow Corning Corp., 250 B.R. 298 (Bankr. E.D. Mich. 2000).
“28 C.F.R. § 43.2 (placing certain obligations on “persons receiving care and treatment”); 42 C.”
United States v. Wittrock, 268 F. Supp. 325 (E.D. Pa. 1967).
“28 C.F.R. 43.2(a) (1) indicates that a dependent who is furnished care in a case such as this may be required to give the United States an assignment of his claim for reasonable cost of his medical expenses, thereby emphasizing the use of “may” in 42 U.”
— 28 C.F.R. § 43.2(a) — 1 case
United States v. Wittrock, 268 F. Supp. 325 (E.D. Pa. 1967).
“28 C.F.R. 43.2(a) (1) indicates that a dependent who is furnished care in a case such as this may be required to give the United States an assignment of his claim for reasonable cost of his medical expenses, thereby emphasizing the use of “may” in 42 U.”
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