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42 U.S.C. § 2652 — Regulations

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2652 — Regulations

**(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.

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Source location: Title 42, Chapter 32, § 2652; chapter-032-third-party-liability-for-hospital-and-medical-care.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 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](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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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2652 — Regulations

Page 5615 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2652 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 re- spect to the commissioned corps of the Na- tional Oceanic and Atmospheric Administra- tion. (Pub. L. 87–693, § 1, Sept. 25, 1962, 76 Stat. 593; Pub. L. 102–54, § 13(q)(8), June 13, 1991, 105 Stat. 281; Pub. L. 104–201, div. A, title X, § 1075(a), (b), Sept. 23, 1996, 110 Stat. 2661, 2663; Pub. L. 109–241, title IX, § 902(m), July 11, 2006, 120 Stat. 568.) Editorial Notes REFERENCES IN TEXT Effective date of this Act, referred to in subsec. (a), is the first day of the fourth month following Sep- tember 1962, see section 4 of Pub. L. 87–693 set out as an Effective Date note below. AMENDMENTS 2006—Subsec. (g)(4)(B). Pub. L. 109–241 substituted ‘‘of Homeland Security,’’ for ‘‘of Transportation,’’. 1996—Subsec. (a). Pub. L. 104–201, § 1075(b)(1), inserted ‘‘(independent of the rights of the injured or diseased person)’’ after ‘‘a right to recover’’ and ‘‘, or that per- son’s insurer,’’ after ‘‘from said third person’’. Pub. L. 104–201, § 1075(a)(1), (2), inserted ‘‘or pay for’’ after ‘‘required by law to furnish’’ and substituted ‘‘, to be fu

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