[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Rules and Regulations]
[Pages 9102-9103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4025]
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DEPARTMENT OF JUSTICE
28 CFR Part 43
[AG Order No. 3141-2010]
Recovery of Cost of Hospital and Medical Care and Treatment
Furnished by the United States; Delegation of Authority
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This rule amends Department of Justice regulations to increase
the settlement and waiver authority delegated to heads of departments
and agencies of the United States responsible for the furnishing of
hospital, medical, surgical, or dental care. This change responds to
the increase in medical costs since 1992, when the current level of
delegated settlement and waiver authority was established, and will
further the efficient operation of the government.
DATES: Effective Date: March 1, 2010.
[[Page 9103]]
FOR FURTHER INFORMATION CONTACT: Phyllis J. Pyles, Director, Torts
Branch, Civil Division, Department of Justice, Washington, DC 20530,
telephone (202) 616-4252.
SUPPLEMENTARY INFORMATION: This rule amending 28 CFR part 43 represents
the first increase since 1992 of the settlement and waiver authority
delegated to the departments and agencies of the United States
responsible for the furnishing of hospital, medical, surgical, or
dental care. During the intervening period, the cost of medical care
and treatment has increased substantially. That increase warrants a
corresponding increase in settlement and waiver authority to further
the efficient operation of the government.
Administrative Procedure Act
This rule relates to a matter of agency management or personnel and
therefore is exempt from the usual requirements of prior notice and
comment and a thirty-day delay in effective date. See 5 U.S.C.
553(a)(2).
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it,
certifies that it will not have a significant economic impact on a
substantial number of small entities because it pertains to personnel
and administrative matters affecting the Department. A Regulatory
Flexibility Analysis was not required to be prepared for this final
rule because the Department was not required to publish a general
notice of proposed rulemaking for this matter.
Executive Order 12866: Regulatory Planning and Review
This rule has been drafted and reviewed in accordance with
Executive Order 12866, Regulatory Planning and Review, Sec. 1(b),
``Principles of Regulation.'' This rule is limited to agency
organization, management, and personnel as described by Executive Order
12866, Sec. (3)(d)(3), and therefore is not a ``regulation'' or
``rule'' as defined by that Executive Order. Accordingly, this rule has
not been reviewed by the Office of Management and Budget.
Executive Order 13132: Federalism
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with Executive Order
13132, the Department of Justice has determined that this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Executive Order 12988: Civil Justice Reform
This rule meets the applicable standards provided in sections 3(a)
and 3(b)(2) of Executive Order 12988.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1501 et seq.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C.
804. This rule will not result in an annual effect on the economy of
$100 million or more; a major increase in cost or prices; or
significant adverse effects on competition, employment, investment,
productivity, or innovation, or the ability of United States-based
companies to compete with foreign-based companies in domestic and
export markets.
Congressional Review Act
This action pertains to agency management, personnel, and
organization and does not substantially affect the rights or
obligations of non-agency parties. Accordingly, it is not a ``rule''
for purposes of the reporting requirement of 5 U.S.C. 801.
List of Subjects in 28 CFR Part 43
Claims, Health care.
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Accordingly, by virtue of the authority vested in the Attorney General
by law, including 42 U.S.C. 2651-2653, Executive Order 11060 (3 CFR,
1959-1963 Comp. p. 651), part 43 of title 28 of the Code of Federal
Regulations is amended as follows:
PART 43--RECOVERY OF COST OF HOSPITAL AND MEDICAL CARE AND
TREATMENT FURNISHED BY THE UNITED STATES
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1. The authority citation for part 43 continues to read as follows:
Authority: Sec. 2, 76 Stat. 593; 42 U.S.C. 2651-2653; E.O.
11060, 3 CFR, 1959-1963 Comp. p. 651.
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2. In Sec. 43.3, paragraphs (a)(2), (a)(3), and (b) are revised to
read as follows:
Sec. 43.3 Settlement and waiver of claims.
(a) * * *
(2) Compromise or settle and execute a release of any claim, not in
excess of $300,000, which the United States has for the reasonable
value of such care and treatment; or
(3) Waive and in this connection release any claim, not in excess
of $300,000, in whole or in part, either for the convenience of the
Government, or if the head of the Department or Agency, or his or her
designee, determines that collection would result in undue hardship
upon the person who suffered the injury or disease resulting in the
care and treatment described in Sec. 43.1.
(b) Claims in excess of $300,000 may be compromised, settled,
waived, and released only with the prior approval of the Department of
Justice.
* * * * *
Dated: February 23, 2010.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2010-4025 Filed 2-26-10; 8:45 am]
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