[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: 32CFR757.15]

[Page 439]
 
                       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. 757.15  Claims not asserted.

    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.