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CHAPTER DEPARTMENT OF JUSTICE
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Recovery of cost of hospital and medical care and
treatment furnished by the United States
the Voting Rights Act of 1965, as amended
programs or activities receiving federal financial
Rights Act regarding language minority groups ..
troleum to the Armed Forces ....
Acts of 1978 and 1994
materials held by third parties
to request the issuance of a search warrant
ronmental Policy Act
United States for coverage under section 1114 of
title 18 of the U.S. Code ..
Uniform administrative requirements for grants
and cooperative agreements to State and local
hearings before administrative law judges in
ployment practices, and document fraud
and agreements (including subawards) with insti-
Fraud Civil Remedies Act of 1986 ....
hancement Act of 1990; record-keeping provisions
for possession of certain controlled substances
ignations and procedures
trol and Law Enforcement Act of 1994
or detainee services .....
ance for Law Enforcement Act of 1994 .....
CROSS REFERENCES: Customs Service, Department of the Treasury: See Customs Duties, 19
CFR chapter I.
Internal Revenue Service, Department of the Treasury: See Internal Revenue, 26 CFR chapter I.
Employees' Benefits: See title 20.
NOTE: Other regulations issued by the Department of Justice appear in title 4; title 8; title 21; title 45; title 48.
SUPPLEMENTARY PUBLICATIONS: The official opinions of the Attorneys General of the United
States. (Op. A. G.) Irregular, 1789—; Washington, v. 14, 1852—.
PART 43–RECOVERY OF COST OF
HOSPITAL AND MEDICAL CARE
nected disability under the provisions of chapter 17 of title 38 of the U.S. Code.
[Order No. 289-62, 27 FR 11317, Nov. 16, 1962)
$ 43.2 Obligations of persons receiving
care and treatment.
In the discretion of the Department or Agency concerned, any person furnished care and treatment under circumstances in which the regulations in this part may be applicable, his guardian, personal representative, estate, dependents or survivors may be required:
(1) To assign in writing to the United States his claim or cause of action against the third person to the extent of the reasonable value of the care and treatment furnished or to be furnished, or any portion thereof;
(2) To furnish such information as may be requested concerning the circumstances giving rise to the injury or disease for which care and treatment is being given and concerning any action instituted or to be instituted by or against a third person;
(3) To notify the Department or Agency concerned of a settlement with, or an offer of settlement from, a third person; and
(4) To cooperate in the prosecution of all claims and actions by the United States against such third person.
(b) (Reserved] (Order No. 289-62, 27 FR 11317, Nov. 16, 1962, as amended by Order No. 896-80, 45 FR 39841, June 12, 1980)
$ 43.1 Administrative determination
and assertion of claims. (a) The head of a Department or Agency of the United States responsible for the furnishing of hospital, medical, surgical or dental care and treatment (including prostheses and medical appliances), or his designee, shall determine whether such hospital, medical, surgical or dental care and treatment was or will be furnished for an injury or disease caused under circumstances entitling the United States to recovery under the Act of September 25, 1962 (Pub. L. 87-693); and, if it is so determined, shall, subject to the provisions of $43.3, assert a claim against such third person for the reasonable value of such care and treatment. The Department of Justice, or a Department or Agency responsible for the furnishing of such care and treatment may request any other Department or Agency to investigate, determine, or assert a claim under the regulations in this part.
(b) Each Department or Agency is authorized to implement the regulations in this part to give full force and effect thereto.
(c) The provisions of the regulations in this part shall not apply with respect to hospital, medical, surgical, or dental care and treatment (including prostheses and medical appliances) furnished by the Veterans Administration to an eligible veteran for a service-con
8 43.3 Settlement and waiver of claims.
(a) The head of the Department or Agency of the United States asserting such claim, or his or her designee, may:
(1) Accept the full amount of a claim and execute a release therefor;
(2) Compromise or settle and execute a release of any claim, not in excess of $100,000, which the United States has for the reasonable value of such care and treatment; or
(3) Waive and in this connection release any claim, not in excess of $100,000, in whole or in part, either for the convenience of the Government, or if the head of the Department or Agency, or his or her designee, determines that collection would result in undue hardship upon the person who suffered