Notice2023-02657
Notification, Cooperation and Affirmative Verification, or E-Verification, in Claims Arising Tort Liability and Third-Party Liability
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 8, 2023
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) sets forth the duties owed to VA when Veterans and VA beneficiaries who received medical care and treatment provided or paid for by VA, or those acting on their behalf, pursue personal injury claims.
Full Text
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<title>Federal Register, Volume 88 Issue 26 (Wednesday, February 8, 2023)</title>
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[Federal Register Volume 88, Number 26 (Wednesday, February 8, 2023)]
[Notices]
[Page 8344]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02657]
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DEPARTMENT OF VETERANS AFFAIRS
Notification, Cooperation and Affirmative Verification, or E-
Verification, in Claims Arising Tort Liability and Third-Party
Liability
AGENCY: Department of Veterans Affairs.
ACTION: Notice.
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SUMMARY: The Department of Veterans Affairs (VA) sets forth the duties
owed to VA when Veterans and VA beneficiaries who received medical care
and treatment provided or paid for by VA, or those acting on their
behalf, pursue personal injury claims.
DATES: This notification is effective upon publication.
FOR FURTHER INFORMATION CONTACT: Ms. Debra Vatthauer, Office of
Finance, Revenue Operations, Payer Relations and Services, Rates and
Charges (104RO1), Veterans Health Administration, Department of
Veterans Affairs, 128 Bingham Road, Suite 1000, Asheville, NC 28806;
telephone: 608-335-8370 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: Under 38 U.S.C. 1729 and 42 U.S.C. 2651, VA
has the right to recover or collect from a third party or parties the
reasonable charges for certain medical care and treatment furnished, to
be furnished, paid for or to be paid for by VA. Under 38 CFR 2.6(e)(3)
and (e)(9), the authority of the Secretary of VA is delegated to VA's
Office of General Counsel ``to collect in full, compromise, settle, or
waive any claim and execute the release thereof'' for all claims
arising under 42 U.S.C. 2651 and 38 U.S.C. 1729. See also 38 CFR
14.619. Based on this delegation, the authority under 28 CFR 43.1(b)
and 43.2(a) and so VA can fulfill all statutory and regulatory
requirements, all Veterans and Veterans' beneficiaries, or those
individuals acting on their behalf, have a duty to:
(a) Furnish such information as may be requested concerning the
circumstances giving rise to the injury or disease for which care and
treatment is being given and concerning any action instituted or to be
instituted by or against a third person;
(b) Notify VA of a settlement with or any offer of settlement from
a third person; and
(c) Cooperate in the prosecution of all claims and actions by the
United States against such third person.
These duties necessitate affirmative verification, or e-
verification, to identify all Veterans, or Veterans' beneficiaries, who
may exist within any member class including class action lawsuits,
multi-district litigation or other similar mass tort litigation.
Under 38 CFR 17.47(g)(2), VA requires the completion and submission
of the billing request form provided at <a href="https://www.va.gov/ogc/collections.asp">https://www.va.gov/ogc/collections.asp</a>. For verification questions in connection with mass
litigation cases, please contact
<a href="/cdn-cgi/l/email-protection#642b2327270b08080107100d0b0a172a05100d0b0a050834160507100d070123160b111429051717300b1610172412054a030b12"><span class="__cf_email__" data-cfemail="97d8d0d4d4f8fbfbf2f4e3fef8f9e4d9f6e3fef8f9f6fbc7e5f6f4e3fef4f2d0e5f8e2e7daf6e4e4c3f8e5e3e4d7e1f6b9f0f8e1">[email protected]</span></a>. For questions on
all other cases, please visit <a href="https://www.va.gov/ogc/collections.asp">https://www.va.gov/ogc/collections.asp</a>.
Please note that any materially false, fictitious or fraudulent
statements, representations or omissions are subject to criminal
penalties including fines and/or imprisonment. See 18 U.S.C. 287, 1001.
Also, please note that failure to properly notify and pay VA could
implicate the False Claims Act (FCA), 31 U.S.C. 3729-33, prompt payment
requirements, and insurance regulations. It also could result in the
payment of attorneys' fees, fines for each violation and treble damages
up to the prescriptive statute of limitations period. In particular,
section 3729(a)(1)(G) of the FCA, the reverse false claims provision
provides liability where one conspires or acts improperly to avoid an
obligation to pay the Federal Government. Moreover, FCA also provides
for liability where one is in possession of money or property belonging
to the Federal Government and fails to transmit that money or property
to the Federal Government. 31 U.S.C. 3729(a)(1)(D). In addition to FCA,
VA may refer the payment obligation to the United States Department of
the Treasury for collection. See 31 U.S.C. 3711 et seq.; 38 CFR
17.106(c)(3).
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on February 2, 2023, and authorized the undersigned to sign
and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of
General Counsel, Department of Veterans Affairs.
[FR Doc. 2023-02657 Filed 2-7-23; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on February 8, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.