42 U.S.C. § 2652

Regulations

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(a) Determination and establishment of reasonable value of care and treatment

The President may prescribe regulations to carry out this chapter, including regulations with respect to the determination and establishment of the reasonable value of the hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished or to be furnished.

(b) Settlement, release and waiver of claims

To the extent prescribed by regulations under subsection (a), the head of the department or agency of the United States concerned may (1) compromise, or settle and execute a release of, any claim which the United States has by virtue of the right established by section 2651 of this title; or (2) waive any such claim, in whole or in part, for the convenience of the Government, or if he determines that collection would result in undue hardship upon the person who suffered the injury or disease resulting in care or treatment described in section 2651 of this title.

No action taken by the United States in connection with the rights afforded under this legislation shall operate to deny to the injured person the recovery for that portion of his damage not covered hereunder.

(Pub. L. 87–693, § 2, Sept. 25, 1962, 76 Stat. 593.)Executive DocumentsEx. Ord. No. 11060. Delegation of Authority To Prescribe Regulations

Ex. Ord. No. 11060, Nov. 7, 1962, 27 F.R. 10925, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

Under and by virtue of the authority vested in me by Title 3 of the United States Code and by Section 2(a) of the Act of September 25, 1962 (Public Law 87–693) [subsec. (a) of this section], it is hereby ordered as follows:

Section 1. The Director of the Office of Management and Budget shall, for the purposes of the Act of September 25, 1962, [this chapter], from time to time, determine and establish rates that represent the reasonable value of hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished or to be furnished.

Sec. 2. Except as provided in Section 1 of this order, the Attorney General shall prescribe regulations to carry out the purposes of the Act of September 25, 1962 [this chapter].

Notes of Decisions

Cited in 12 cases, 1967–1999 · leading case: Com. Union Ins. Co. v. United States v. William Scott, 999 F.2d 581 (D.C. Cir. 1993).

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Com. Union Ins. Co. v. United States v. William Scott, 999 F.2d 581 (D.C. Cir. 1993). · cites it 4× “Finally, the Government’s interpretation of the statute runs headlong into 42 U.S.C. § 2652 (c), which provides that No action taken by the United States in connection with the rights afforded under this legislation shall operate to deny to the injured person the recovery for…”

United States v. James F. Merrigan & James F. Merrigan, Jr., & Third-Party v. Thomas J. McKinney Third-Party, 389 F.2d 21 (3rd Cir. 1968). · cites it 2× “, 42 U.S.C. § 2652 (c); H.R. Rep. No. 1534, 87th Cong.”

United States v. Jones, 264 F. Supp. 11 (E.D. Va. 1967). · cites it 3× “We also agree that the rates established by regulation, pursuant to Executive Order and 42 U.S.C. § 2652 , are not subject to challenge by a defendant under the theory that they are unreasonable or arbitrary.”

United States v. Tom York, D/B/A York's Mobil Serv., & John Hare, 398 F.2d 582 (6th Cir. 1968). “…concern of Congress that the injured person’s right of action not be impaired by any Governmental action. See 42 U.S.C. § 2652 (b) and (c).”

Jaffee v. United States, 663 F.2d 1226 (3rd Cir. 1981). “42 U.S.C. § 2652 (c) (1976). . E. g., United States v.”

Hutto v. Bic Corp., 800 F. Supp. 1367 (E.D. Va. 1992). “A sworn written statement of the authorized representative of the department or agency providing such services prepared in accordance with the regulations promulgated pursuant to 42 U.S.C. § 2652 shall be admissible as evidence of the reasonable value of the care and treatment…”

Guyote v. Mississippi Valley Gas Co., 715 F. Supp. 778 (S.D. Miss. 1989). “§ 2651 (a), and, further, in another section states that “[n]o action taken by the United States in connection with the rights afforded under this legislation shall operate to deny to the injured person the recovery for that portion of his damage not covered hereunder,” 42…”

Whitaker v. Talbot, 177 S.E.2d 381 (Ga. Ct. App. 1970). “42 USCA §2652 (b); 28 CFR 43.3. And its right of recovery under the Medical Care Recovery Act is subject to 28 USCA § 2415 (b) (g), providing that its complaint must be filed within three years after the right of action first accrues, or within three years after July 18, 1966,…”

United States v. Margaret Jernigan Wall, 670 F.2d 469 (4th Cir. 1982). “42 U.S.C. § 2652 (a). The authority to promulgate regulations “with respect to the determination and establishment” of reasonable values was delegated to the OMB and rates “determined to represent the reasonable cost” of federally-provided medical care were published in the…”

Allen v. United States, 668 F. Supp. 1242 (W.D. Wis. 1987). “To the extent that the magistrate’s comment in the next to last paragraph of his opinion suggests that Kathleen Allen would not be an “injured person” under 42 U.S.C. § 2652 ,1 do not adopt the comment.”

Piquette v. Stevens, 739 A.2d 905 (Md. Ct. Spec. App. 1999). “42 U.S.C. § 2652 (c). In applying the ordinary principles of statutory construction, we must first examine the language used in the Act.”

United States v. Hartford Accident & Indem. Co., 320 F. Supp. 648 (E.D. Cal. 1970). “It has since been renumbered, and will be referred to here by its new designation. . In addition, it should be remembered that the United States may forego collection if it would result in undue hardship to the injured.”

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