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42 U.S.C. § 2651 — Recovery by United States
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section249&num=0&edition=prelim)) 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 diseas
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Source file: Laws/federal/codes/united-states-code/title-42/section-2651-recovery-by-united-states--afaa7db4c2.md
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Source location: Title 42, Chapter 32, § 2651; chapter-032-third-party-liability-for-hospital-and-medical-care.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section249&num=0&edition=prelim)) 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)) 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) 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) 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) (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101&num=0&edition=prelim).
(2) The term “tortious conduct” includes any tortious omission.
(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 Homeland Security, 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons entitled to treatment** Any person when detained in accordance with quarantine laws, or, at the request of the Immigration and Naturalization Service, any person detained by that Service, may be treated and cared for by the Public Health Service.
**(b) Temporary treatment in emergency cases** Persons not entitled to treatment and care at institutions, hospitals, and stations of the Service may, in accordance with regulations of the Surgeon General, be admitted thereto for temporary treatment and care in case of emergency.
**(c) Authorization for outside treatment** Persons whose care and treatment is authorized by subsection (a) may, in accordance with regulations, receive such care and treatment at the expense of the Service from public or private medical or hospital facilities other than those of the Service, when authorized by the officer in charge of the station at which the application is made.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 249
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) In the case of a person who is a covered beneficiary, the United States shall have the right to collect from a third-party payer reasonable charges for health care services incurred by the United States on behalf of such person through a facility of the uniformed services to the extent that the person would be eligible to receive reimbursement or indemnification from the third-party payer if the person were to incur such charges on the person’s own behalf. If the insurance, medical service, or health plan of that payer includes a requirement for a deductible or copayment by the beneficiary of the plan, then the amount that the United States may collect from the third-party payer is a reasonable charge for the care provided less the appropriate deductible or copayment amount.
(2) A covered beneficiary may not be required to pay an additional amount to the United States for health care services by reason of this section.
**(b)** No provision of any insurance, medical service, or health plan contract or agreement having the effect of excluding from coverage or limiting payment of charges for certain care shall operate to prevent collection by the United States under subsection (a) if that care is provided—
(1) through a facility of the uniformed services;
(2) directly or indirectly by a governmental entity;
(3) to an individual who has no obligation to pay for that care or for whom no other person has a legal obligation to pay; or
(4) by a provider with which the third party payer has no participation agreement.
**(c)** Under regulations prescribed under subsection (f), records of the facility of the uniformed services that provided health care services to a beneficiary of an insurance, medical service, or health plan of a third-party payer shall be mad
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1095
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Federal law — U.S. Code and appendices · legal_authorities
$10,000,000 shall remain available until expended, for the establishment of an Indian Catastrophic Health Emergency Fund (hereinafter referred to as the “Fund”). On and after October 18, 1986, the Fund is to cover the Indian Health Service portion of the medical expenses of catastrophic illness falling within the responsibility of the Service and shall be administered by the Secretary of Health and Human Services, acting through the central office of the Indian Health Service. No part of the Fund or its administration shall be subject to contract or grant under the Indian Self-Determination and Education Assistance Act (Public Law 93–638) [[25 U.S.C. 5301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5301&num=0&edition=prelim) et seq.]. There shall be deposited into the Fund all amounts recovered under the authority of the Federal Medical Care Recovery Act ([42 U.S.C. 2651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim) et seq.), which shall become available for obligation upon receipt and which shall remain available for obligation until expended. The Fund shall not be used to pay for health services provided to eligible Indians to the extent that alternate Federal, State, local, or private insurance resources for payment: (1) are available and accessible to the beneficiary; or (2) would be available and accessible if the beneficiary were to apply for them; or (3) would be available and accessible to other citizens similarly situated under Federal, State, or local law or regulation or private insurance program notwithstanding Indian Health Service eligibility or residency on or off a Federal Indian reservation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Right of recovery** Except as provided in subsection (f), the United States, an Indian tribe, or tribal organization shall have the right to recover from an insurance company, health maintenance organization, employee benefit plan, third-party tortfeasor, or any other responsible or liable third party (including a political subdivision or local governmental entity of a State) the reasonable charges billed by the Secretary, an Indian tribe, or tribal organization in providing health services through the Service, an Indian tribe, or tribal organization, or, if higher, the highest amount the third party would pay for care and services furnished by providers other than governmental entities, to any individual to the same extent that such individual, or any nongovernmental provider of such services, would be eligible to receive damages, reimbursement, or indemnification for such charges or expenses if—
(1) such services had been provided by a nongovernmental provider; and
(2) such individual had been required to pay such charges or expenses and did pay such charges or expenses.
**(b) Limitations on recoveries from States** Subsection (a) shall provide a right of recovery against any State, only if the injury, illness, or disability for which health services were provided is covered under—
(1) workers’ compensation laws; or
(2) a no-fault automobile accident insurance plan or program.
**(c) Nonapplicability of other laws** No law of any State, or of any political subdivision of a State and no provision of any contract, insurance or health maintenance organization policy, employee benefit plan, self-insurance plan, managed care plan, or other health care plan or program entered into or renewed after November 23, 1988, shall prevent or hinder the right of recovery o
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1621h
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Use of amounts**
(1) **Retention by program** — Except as provided in sections 1621a(a)(2) and 1680c of this title, all reimbursements received or recovered under any of the programs described in paragraph (2), including under [section 1680c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1680c&num=0&edition=prelim), by reason of the provision of health services by the Service, by an Indian tribe or tribal organization, or by an urban Indian organization, shall be credited to the Service, such Indian tribe or tribal organization, or such urban Indian organization, respectively, and may be used as provided in [section 1641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1641&num=0&edition=prelim). In the case of such a service provided by or through a Service Unit, such amounts shall be credited to such unit and used for such purposes.
(2) **Programs covered** — The programs referred to in paragraph (1) are the following:
(A) Titles XVIII, XIX, and XXI of the Social Security Act [[42 U.S.C. 1395](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1395&num=0&edition=prelim) et seq., 1396 et seq., 1397aa et seq.].
(B) This chapter, including [section 1680c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1680c&num=0&edition=prelim).
(C) Public Law 87–693 [[42 U.S.C. 2651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim) et seq.].
(D) Any other provision of law.
**(b) No offset of amounts** The Service may not offset or limit any amount obligated to any Service Unit or entity receiving funding from the Service because of the receipt of reimbursements
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 1621i
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “disability” means a disease, injury, or other physical or mental defect.
(2) The term “veteran of any war” includes any veteran awarded the Medal of Honor.
(3) The term “facilities of the Department” means—
(A) facilities over which the Secretary has direct jurisdiction;
(B) Government facilities for which the Secretary contracts; and
(C) public or private facilities at which the Secretary provides recreational activities for patients receiving care under [section 1710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710&num=0&edition=prelim).
(4) The term “non-Department facilities” means facilities other than Department facilities.
(5) The term “hospital care” includes—
(A)
(i) medical services rendered in the course of the hospitalization of any veteran, and (ii) travel and incidental expenses pursuant to the provisions of [section 111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section111&num=0&edition=prelim);
(B) such mental health services, consultation, professional counseling, marriage and family counseling, and training for the members of the immediate family or legal guardian of a veteran, or the individual in whose household such veteran certifies an intention to live, as the Secretary considers appropriate for the effective treatment and rehabilitation of a veteran or dependent or survivor of a veteran receiving care under the last sentence of [section 1781(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1781/b&num=0&edition=prelim); and
(C)
(i) medical services rendered in the course of the hospitalization of a dependent or survivor of a veteran rece
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is in the Treasury a fund to be known as the Department of Veterans Affairs Medical Care Collections Fund.
**(b)** Amounts recovered or collected under any of the following provisions of law shall be deposited in the fund:
(1) [Section 1710(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/f&num=0&edition=prelim).
(2) [Section 1710(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/g&num=0&edition=prelim).
(3) [Section 1711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1711&num=0&edition=prelim).
(4) [Section 1722A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1722a&num=0&edition=prelim).
(5) [Section 1725 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1725&num=0&edition=prelim).
(6) [Section 1729 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1729&num=0&edition=prelim).
(7) [Section 1784 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1784&num=0&edition=prelim).
(8) [Section 8165(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8165/a&num=0&edition=prelim).
(9) Section 113 of the Veterans Millennium Health Care and Benefits Act (Public Law 106–117; [38 U.S.C. 8111](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8111&num=0&edition=prelim) note).
(10) Public Law 87–693, popularly known as the “Federal Medical Care Recovery Act” ([42 U.S.C. 2651](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim) et seq.), to th
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1729A
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Records of the identity, diagnosis, prognosis, or treatment of any patient or subject which are maintained in connection with the performance of any program or activity (including education, training, treatment, rehabilitation, or research) relating to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia which is carried out by or for the Department under this title shall, except as provided in subsections (e) and (f), be confidential, and ([section 5701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5701&num=0&edition=prelim) to the contrary notwithstanding) such records may be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b).
(2) Paragraph (1) prohibits the disclosure to any person or entity other than the patient or subject concerned of the fact that a special written consent is required in order for such records to be disclosed.
**(b)**
(1) The content of any record referred to in subsection (a) may be disclosed by the Secretary in accordance with the prior written consent of the patient or subject with respect to whom such record is maintained, but only to such extent, under such circumstances, and for such purposes as may be allowed in regulations prescribed by the Secretary.
(2) Whether or not any patient or subject, with respect to whom any given record referred to in subsection (a) is maintained, gives written consent, the content of such record may be disclosed by the Secretary as follows:
(A) To medical personnel to the extent necessary to meet a bona fide medical emergency.
(B) To qualified personnel for the purpose of conducting scientific research, management audits, financial aud
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7332
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2651&num=0&edition=prelim).
**(c) Damages recoverable for personal injury unaffected** 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2652
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