C.F.R. » Title 32 » CHAPTER V—DEPARTMENT OF THE ARMY › SUBCHAPTER B—CLAIMS AND ACCOUNTS › PART 536—CLAIMS AGAINST THE UNITED STATES › Subpart B—Investigation and Processing of Claims

32 C.F.R. § 536.28

Claims acknowledgment

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Claims personnel will acknowledge all claims immediately upon receipt, in writing, by telephone, or in person. A defective claim will be acknowledged in writing, pointing out its defects. Where the defects render the submission jurisdictionally deficient based on the requirements discussed in DA Pam 27-162, paragraphs 2-5 and 2-6, the claimant or attorney will be informed in writing of the need to present a proper claim no later than two years from the date of accrual. Suit must be filed in maritime claims not later than two years from the date of accrual. See § 536.122. In any claim for personal injury or wrongful death, an authorization signed by the patient, natural or legal guardian or estate representative will be obtained authorizing the use of medical information, including medical records, in order to use sources other than claims personnel to evaluate the claim as required by the Health Care Portability and Accountability Act (HIPAA), 42 U.S.C. 1320d-1320d-8. See the parallel discussion at DA Pam 27-162, paragraph 2-7.

Notes of Decisions
Cited in 2 cases, 2004–2006 · leading case: Kashin v. Kent, 457 F.3d 1033 (9th Cir. 2006).
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Kashin v. Kent, 457 F.3d 1033 (9th Cir. 2006). · cites it 2× “” 32 C.F.R. § 536.28 (b). The district court concluded, “In the absence of clear precedent regarding choice of law in FTCA cases where the act or omission occurred abroad, the Court looks to the choice of law regulations promulgated pursuant to the MCA.”
Kashin v. Kent, 333 F. Supp. 2d 926 (S.D. Cal. 2004). · cites it 2× “” 32 C.F.R. § 536.28 (a)(Army); see also 32 C.”
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