[Code of Federal Regulations]
[Title 32, Volume 5, Parts 700 to 799]
[Revised as of  July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR757.13]

[Page 438]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 757--AFFIRMATIVE CLAIMS REGULATIONS--Table of Contents
 
           Subpart B--Medical Care Recovery Act (MRCA) Claims
 
Sec. 757.13  Responsibility for MCRA action.

    (a) JAG designees. (1) Primary responsibility for investigating, 
asserting, and collecting Department of the Navy (DON) MCRA claims and 
properly forwarding MCRA claims to other Federal departments or agencies 
rests with the following officers:
    (i) Commanding officers and officers in charge, Naval Legal Service 
Command (NLSC) activities, in their areas of geographic responsibility;
    (ii) Officer in charge, U.S. Sending State Office, Rome in his area 
of geographic responsibility.
    (2) JAG designees may assert and receive full payment on any MCRA 
claim. They may, however, agree to compromise or waive only claims for 
$40,000.00 or less. Claims in excess of $40,000.00 may be compromised or 
waived only with DOJ approval. Such claims will be forwarded to the 
Judge Advocate General in accordance with Sec. 757.6. See Sec. 757.7 for 
further discussion of waiver and compromise.
    (b) Navy Medical Treatment Facilities (MTF). (1) Naval MTF's are 
responsible for ensuring potential MCRA claims are brought to the 
attention of the appropriate NLSC activity or U.S. Sending State Office 
(USSSO).
    (2) The MTF reports all potential MCRA cases by forwarding a copy of 
the daily injury log entries and admissions records to the cognizant 
NLSC activity or USSSO within 7 days of treatment for which a third 
party may be liable. The NLSC activity or USSSO makes the determination 
of liability.
    (i) MTF computes the value of the care it provided on NAVJAG Form 
5890/12. Rates used to compute this value are published annually in the 
Federal Register by the Office of Management and Budget.
    (ii) Block 4 of NAVJAG Form 5890/12 requires a statement from the 
patient describing the circumstances of the injury or disease.
    (iii) An ``interim'' report is prepared for inpatients only. An 
interim report is prepared every 4 months until the patient is released, 
transferred or changed to an outpatient status.
    (iv) A ``final'' report is prepared for all patients when inpatient 
and outpatient treatment is completed or the patient's care is 
transferred to another facility. A narrative summary should accompany 
the final report in all cases involving inpatient care. In addition, the 
back side of NAVJAG Form 5890/12 is completed as part of the final 
report when the value of Federal Government care exceeds $1,000.00.
    (c) The Office of Medical and Dental Affairs (OMA). The office pays 
emergency civilian medical expenses incurred by active duty members. 
This office furnishes MCRA claims information to the NLSC activity or 
USSSO. The address is Bldg. 38H, U.S. Naval Training Center, Great 
Lakes, IL 60088-5200.
    (d) Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) contractors. CHAMPUS contractors forward reports of payments 
in injury cases to the appropriate NLSC activity. Responsible JAG 
designees should, however, initiate regular contact with contractors 
within their geographic area to ensure all relevant cases have been 
reported.
    (e) Department of Justice (DOJ). Only the DOJ may authorize 
compromise or waiver of an MCRA claim in excess of $40,000.00; settle an 
MCRA claim which was previously forwarded by the DON to DOJ for action; 
or settle an MCRA claim in which the third party has filed a suit 
against the United States or the injured person as a result of the 
incident which caused the injury.