2401 DEFINITIONS

For purposes of this chapter:

a. Medical care. "Medical care" includes hospital, medical, surgical, or dental care and treatment, and the furnishing of prostheses and medical appliances.

b JAG designees. “JAG designees" are:

(1) The Deputy Judge Advocate General; any Assistant Judge Advocate General; the Deputy Assistant Judge Advocate General (Claims);

(2) The Commandants of all Naval Districts not served by Naval Legal Services Offices, and their district judge advocates;

(3) The Officers in Charge of all Naval Legal Service Offices, except Naval Legal Service Offices in countries where another service has single service responsibility,

(4) The officers in charge of U.S. Sending State Offices; and

(5) Such other officers as may be designated by the Judge Advocate General.

c. Action JAG designees. "Action JAG designees" are the JAG designees in whose area the incident giving rise to the claim occurred. This is a general definition and should not be considered applicable in cases where the best interests of the Government would be served by transferring the case to another JAG designee, e.g., where the tortfeasor has moved from or resides in a place other than the place where the incident occurred. When a case is transferred from one JAG designee to another, the responsibility for conducting an investigation and making an initial assertion remains with the JAG designee in whose area. the incident giving rise to the claim occurred.

d. The Act. "The Act" means the Medical Care Recovery Act (42 U.S.C. §2651-53)

e. Waiver. "Waiver" means the total relinquishment of the Government's claim.

f. Compromise. "Compromise" means a partial reduction in the amount of the Government's claim.

2402 AUTHORITY OF THE JUDGE ADVOCATE GENERAL AND JAG DESIGNEES

a. Assertion of claim. When the Department of the Navy furnishes medical care, the Judge Advocate General or the action JAG designee shall determine (1) whether a third-party claim (i.e., a claim under the Act) is possible against a person who is legally liable for causing the injury or disease treated, and (2) whether a Government claim is possible under workmen's compensation or under medical-payments insurance (e.g., in all automobile accident cases). If either circumstance exists, the action JAG designee shall assert a claim for the reasonable value of such care and treatment. When an accident occurs at a place where the naval service does not have a command, unit, or activity conveniently located for conducting an investigation, the commanding officer or officer-in-charge having immediate responsibility for making the investigation may request assistance from the commanding officer or officer-in-charge of any other command, unit, or activity within the Department of Defense. Such assistance may take the form of a complete investigation of the accident or incident, or it may cover only part of the investigation. In a reciprocal situation where the commanding officer or officer-in-charge of any other command, unit, or activity within the Department of Defense requests assistance from any naval command, unit, or activity, the latter should honor the request. If a complete investigation is requested, the report shall be made in accordance with the regulations of the service actually making the investigation. These investigations will normally be conducted without reimbursement for per diem, mileage, or other expenses incurred by the investigating activity.

b. Authority of JAG and certain JAG designees.

(1)The Judge Advocate General or any cognizant JAG designees serving in the Office of the Judge Advocate General may accept payment for the full amount of any claim and execute a release therefor.

(2) Any cognizant JAG designee, after considering the factors set forth in section 2405, may

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compromise or waive any claim not in excess of $20,000 and issue a release thereof.

c. Claims exceeding $20,000. Claims in excess of $20,000 may be compromised, settled, and waived only with the prior approval of the Department of Justice.

d. Potential Value of Claims. When settlement, compromise or waiver is imminent and the final NAVJAG 5890/12 has not been filed, JAG designees are authorized to estimate the potential value of the claim and to take appropriate action if the potential value comes within their settlement authority.

e. Recomputation of Claims. JAG designees are authorized to recompute the amount of claims reported on form NAVJAG 5890/12 in accordance with the standards of Tolliver v. Shumate, 151 W. Va. 105, 150 S.E.2d 579 (1966), and United States v. Jones, 264 F. Supp. 11 (1967). The information contained on form NAVJAG 5890/13, the particular practices of the hospital involved and the known facts of the case will be considered. Hospitalization periods may be subtracted from the claim when such hospitalization was unnecessary, (such as where a patient was given leave, liberty, or was awaiting assignment to new duties) or may be charged at the reduced rate of an outpatient visit for each day of hospitalization where medical treatment was actually rendered, but hospitalization in a civilian hospital would have been unnecessary or inappropriate. If, upon recomputation, the claim is within the authority of the JAG designee making such recomputation, the claim may be acted upon by that JAG designee.

f. Limitations. The authority set forth in this section shall not be exercised in any case in which (1) the claim of the United States has been referred to the Department of Justice, (2) a suit has been instituted against the United States by the third party, or (3) a suit has been instituted against the individual who received or is receiving the medical care described above, and for whose negligence the United States may be held liable.

g Restrictions on contact with Department of Justice and United States Attorneys. JAG designees, except those serving in the Office of the Judge Advocate General, shall refrain from dealing directly with the Department of Justice or U.S. Attorneys except in those cases (1) where the Department of

Justice or a U.S. Attorney has assumed cognizance over the case; (2) where circumstances dictate immediate action to protect the interests of the United States; or (3) where such action is authorized by the Judge Advocate General.

2403 REPORT OF CARE AND TREATMENT

*a. NAVJAG Form 5890/12. NAVJAG Form 5890/12 (see Appendix section A-24-d) shall be used by all Navy medical facilities to report the value of medical care furnished to any patient (1) when a third-party may be legally liable for causing the injury or disease treated, or (2) when a Government claim is possible under workmen's compensation or under medical-payments insurance (e.g., in all automobile accident cases). Block 4 of this form requires an appended statement of the patient or an accident report, if available. Prior to requesting such a statement from a patient, the person preparing NAVJAG Form 5890/12 shall first provide the individual, in duplicate, a Privacy Act statement containing the advice prescribed in SECNAVINST 5211.5 series. The Privacy Act statement to be given with regard to claims within the scope of this chapter is contained in Appendix A-24-d(2). The original is to be signed by the patient and submitted with NAVJAG Form 5890/12, and the copy should be retained by the patient.

b. Computations. NAVJAG Form 5890/12 shall be computed by using the rates set out in Appendix A-24-c. All computations by medical personnel and any necessary recomputations will be made pursuant to section 2402g.

c. Submission of NAVJAG Form 5890/12. The NAVJAG Form 5890/12 shall be submitted to the action JAG designee at the following times:

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