32 C.F.R. § 757.15 Claims not asserted.
Title 32 - National Defense
In some cases, the MCRA or public policy considerations limit the DON's assertion of claims against apparent third-party tortfeasors. MCRA claims are not asserted against: (a) Federal Government agencies. Claims are not asserted against any department, agency or instrumentality of the United States. “Agency or instrumentality” includes self-insured, non-appropriated-fund activities but does not include private associations. (b) Injured servicemembers, dependents and employers of the United States. Claims are not asserted directly against a servicemember, the dependent of a servicemember, or an employee of the United States who is injured as a result of his willful or negligent acts. The United States does assert, however, against medical care and treatment insurance coverage the member, employee, or dependent might have. (c) Employers of merchant seamen. Claims are not asserted against the employer of a merchant seaman who receives Federal medical care under 42 U.S.C. 249. (d) Department of Veterans Affairs care for service-connected disability. Claims are not asserted for care provided to a veteran by the Department of Veterans Affairs when the care is for a service-connected disability. The United States will, however, claim for the reasonable value of care provided an individual before he is transferred to a Department of Veterans Affairs hospital.
Title 32: National Defense
PART 757—AFFIRMATIVE CLAIMS REGULATIONS
Subpart B—Medical Care Recovery Act (MRCA) Claims
§ 757.15 Claims not asserted.
