§2651 Recovery by United States

Summary

The United States can get back the fair cost of hospital, medical, surgical, or dental care (including prostheses and medical appliances) that it pays for when someone is hurt and another person is legally at fault. The government can demand payment from that at-fault person or their insurer. The U.S. can also step into the injured person’s claim and use the person’s right to recover money up to the amount the U.S. paid, and the agency that paid the bills can require the injured person to assign that claim. If a service member is hurt and cannot do their regular military duties because of the injury, the United States can also recover an amount equal to all the pay the member earns for the time they could not perform those duties and were not given other military work. If a State system or insurance policy covers medical bills or lost pay instead of a tort suit, the U.S. is treated as a beneficiary of that policy and can use the member’s rights there. The U.S. may join the injured person’s lawsuit or start its own suit if no one sues within six months after the U.S. first paid for care. Care given by the Department of Veterans Affairs for a service-connected disability under chapter 17 of title 38 is excluded. Money recovered goes back to the government accounts that paid the bills, under rules set by the relevant Secretary. Definitions: “uniformed services” — as defined in title 10; “tortious conduct” — includes negligent acts or omissions; “pay” — basic, special, and incentive pay under title 37; “Secretary concerned” — the Secretaries of Defense, Homeland Security, Health and Human Services, or Commerce, as appropriate.