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 furnished, paid for, or to be paid for’’ for ‘‘or to be furnished’’ in two places. Subsecs. (b), (c). Pub. L. 104–201, § 1075(a)(3), added subsecs. (b) and (c). Former subsecs. (b) and (c) redesig- nated (d) and (e), respectively. Subsec. (d). Pub. L. 104–201, § 1075(a)(4), (b)(2), sub- stituted ‘‘a right under subsections (a), (b), and (c)’’ for ‘‘such right,’’ in introductory provisions, inserted ‘‘or paid for’’ after ‘‘treatment is furnished’’ in par. (2), and inserted ‘‘or the insurance carrier or other entity re- sponsible for the payment or reimbursement of medical expenses or lost pay’’ after ‘‘the third person who is lia- ble for the injury or disease’’ in pars. (1) and (2). Pub. L. 104–201, § 1075(a)(2), redesignated subsec. (b) as (d). Subsec. (e). Pub. L. 104–201, § 1075(a)(2), redesignated subsec. (c) as (e). Subsecs. (f), (g). Pub. L. 104–201, § 1075(a)(5), added sub- secs. (f) and (g). 1991—Subsec. (c). Pub. L. 102–54 substituted ‘‘Depart- ment of Veterans Affairs’’ for ‘‘Veterans’ Administra- tion’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–201, div. A, title X, § 1075(c), Sept. 23, 1996, 110 Stat. 2663, provided that: ‘‘The authority to collect pursuant to the amendments made by this section [amending this section] shall apply to expenses de- scribed in the first section of Public Law 87–693 [this section] (as amended by this section) that are incurred, or are to be incurred, by the United States on or after the date of the enactment of this Act [Sept. 23, 1996], whether the event from which the claim arises occurs before, on, or after that date.’’ EFFECTIVE DATE Pub. L. 87–693, § 4, Sept. 25, 1962, 76 Stat. 594, provided that: ‘‘This Act [enacting this chapter] becomes effec- tive on the first day of the fourth month following the month [September 1962] in which enacted.’’ SHORT TITLE Pub. L. 87–693, Sept. 25, 1962, 76 Stat. 593, which is classified generally to this chapter, is popularly known as the ‘‘Federal Medical Care Recovery Act’’. § 2652. Regulations (a) Determination and establishment of reason- able value of care and treatment The President may prescribe regulations to carry out this chapter, including regulations with respect to the determination and establish- ment 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. (c) Damages recoverable for personal injury un- affected No action taken by the United States in con- nection with the rights afforded under this legis- lation shall operate to deny to the injured per- son the recovery for that portion of his damage not covered hereunder. (Pub. L. 87–693, § 2, Sept. 25, 1962, 76 Stat. 593.) Executive Documents EX. 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) [sub- sec. (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 Sep- tember 25, 1962, [this chapter], from time to time, de- termine and establish rates that represent the reason- able value of hospital, medical, surgical, or dental care and treatment (including prostheses and medical appli- ances) 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]. Page 5616 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2653 § 2653. Limitation or repeal of other provisions for recovery of hospital and medical care costs This chapter does not limit or repeal any other provision of law providing for recovery by the United States of the costs of care and treat- ment described in section 2651 of this title. (Pub. L. 87–693, § 3, Sept. 25, 1962, 76 Stat. 594.) CHAPTER 33—COMMUNITY MENTAL HEALTH CENTERS Executive Documents EXECUTIVE ORDER NO. 11280 Ex. Ord. No. 11280, May 11, 1966, 31 F.R. 7167, which es- tablished the President’s Committee on Mental Retar- dation, was superseded by Ex. Ord. No. 11776, Mar. 28, 1974, 39 F.R. 11865, formerly set out preceding section 6000 of this title. SUBCHAPTER I—UNIVERSITY-AFFILIATED FACILITIES FOR PERSONS WITH DEVEL- OPMENTAL DISABILITIES §§ 2661 to 2666. Omitted Editorial Notes CODIFICATION Sections 2661 to 2666 were superseded in the general amendment of part B of title I of Pub. L. 88–164 (this subchapter) by Pub. L. 94–103, title I, § 105, title III, § 303, Oct. 4, 1975, 89 Stat. 486, 507, effective with respect to appropriations under Pub. L. 94–103 for fiscal years beginning after June 30, 1975. Section 2661, Pub. L. 88–164, title I, § 121, Oct. 31, 1963, 77 Stat. 284; Pub. L. 90–170, § 2(a), (b), (d), Dec. 4, 1967, 81 Stat. 527; Pub. L. 91–517, title II, § 201(a), (b), Oct. 30, 1970, 84 Stat. 1325, related to authorization of appropria- tions. Section 2661a, Pub. L. 88–164, title I, § 122, as added Pub. L. 91–517, title II, § 202, Oct. 30, 1970, 84 Stat. 1326; amended Pub. L. 93–45, title III, § 301(a), June 18, 1973, 87 Stat. 95; Pub. L. 94–103, title I, § 101(a), Oct. 4, 1975, 89 Stat. 486, related to demonstration and training grants and authorization of appropriations for such grants. Section 2662, Pub. L. 88–164, title I, § 123, formerly § 122, Oct. 31, 1963, 77 Stat. 284; renumbered § 123 and amended Pub. L. 91–517, title II, §§ 202, 203, Oct. 30, 1970, 84 Stat. 1326, related to applications for grants and con- ditions for approval by Secretary. Section 2663, Pub. L. 88–164, title I, § 124, formerly § 123, Oct. 31, 1963, 77 Stat. 285; renumbered § 124 and amended Pub. L. 91–517, title II, §§ 202, 204, Oct. 30, 1970, 84 Stat. 1326, related to amount of grants, including maximum payments, advances or reimbursement, and conditions for payment. Section 2664, Pub. L. 88–164, title I, § 125, formerly § 124, Oct. 31, 1963, 77 Stat. 285; renumbered § 125 and amended Pub. L. 91–517, title II, §§ 201(c), 202, 205, Oct. 30, 1970, 84 Stat. 1326, related to recovery of expendi- tures under certain conditions. Section 2665, Pub. L. 88–164, title I, § 126, formerly § 125, Oct. 31, 1963, 77 Stat. 285; amended Pub. L. 90–170, § 2(c), Dec. 4, 1967, 81 Stat. 527; renumbered § 126 and amended Pub. L. 91–517, title II, §§ 201(c), 202, Oct. 30, 1970, 84 Stat. 1326, related to nonduplication of grants. Section 2666, Pub. L. 88–164, title I, § 127, as added Pub. L. 91–517, title II, § 206, Oct. 30, 1970, 84 Stat. 1326, related to maintenance of effort. SUBCHAPTER II—GRANTS FOR PLANNING, PROVISION OF SERVICES, AND CON- STRUCTION AND OPERATION OF FACILI- TIES FOR PERSONS WITH DEVELOP- MENTAL DISABILITIES § 2670. Repealed. Pub. L. 94–103, title III, § 302(c), Oct. 4, 1975, 89 Stat. 507 Section, Pub. L. 88–164, title I, § 130, as added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84 Stat. 1316, con- tained the declaration of purpose for provisions re- specting grants for planning, provision of services, and construction and operation of facilities for persons with developmental disabilities. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective with respect to appropriations under Pub. L. 94–103 for fiscal years beginning after June 30, 1975, see Pub. L. 94–103, title III, § 303, Oct. 4, 1975, 89 Stat. 507. §§ 2671 to 2674. Transferred Editorial Notes CODIFICATION Section 2671, Pub. L. 88–164, title I, § 131, as added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84 Stat. 1317, which related to authorization of appropriations, was transferred to former section 6061 of this title. A prior section 2671, Pub. L. 88–164, title I, § 131, Oct. 31, 1963, 77 Stat. 286; Pub. L. 90–170, § 3(a), Dec. 4, 1967, 81 Stat. 528, authorized appropriations through fiscal year ending June 30, 1970, for grants for construction of mental retardation facilities. Section 2672, Pub. L. 88–164, title I, § 132, as added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84 Stat. 1317, which related to allotments to States, was transferred to former section 6062 of this title. A prior section 2672, Pub. L. 88–164, title I, § 132, Oct. 31, 1963, 77 Stat. 286; Pub. L. 89–105, § 2(a), Aug. 4, 1965, 79 Stat. 427; Pub. L. 90–170, § 3(c), Dec. 4, 1967, 81 Stat. 528, authorized allotments to States, transfers of allot- ments between States, and adjustment of allotments to a State for construction of facilities for mentally re- tarded. Section 2673, Pub. L. 88–164, title I, § 133, as added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84 Stat. 1318, which related to the National Advisory Council on Services and Facilities for the Developmentally Dis- abled, was transferred to former section 6007 of this title. A prior section 2673, Pub. L. 88–164, title I, § 133, Oct. 31, 1963, 77 Stat. 287, provided that within six months after Oct. 31, 1963, the Secretary, after consultation with the Federal Hospital Council, prescribe to the States (1) what constitutes adequate services for men- tally retarded persons, (2) the method of determining priority of projects, (3) standards of construction and equipment, and (4) that the State plan provide ade- quate facilities for the mentally retarded including per- sons unable to pay therefor. Section 2674, Pub. L. 88–164, title I, § 133, as added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84 Stat. 1319, which related to State plans, was transferred to former section 6063 of this title. A prior section 2674, Pub. L. 88–164, title I, § 134, Oct. 31, 1963, 77 Stat. 287; Pub. L. 90–170, § 5, Dec. 4, 1967, 81 Stat. 530, provided for submission to the Secretary of State plans for his approval, set out conditions for ap- proval, and required notice and hearing before final dis- approval. §§ 2675, 2676. Repealed. Pub. L. 94–103, title I, § 112, Oct. 4, 1975, 89 Stat. 492 Section 2675, Pub. L. 88–164, title I, § 135, as added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84 Stat. 1321,