[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR220.11]

[Page 437-438]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 220_COLLECTION FROM THIRD PARTY PAYERS OF REASONABLE CHARGES FOR 
 
Sec. 220.11  Special rules for automobile liability insurance and no-fault 

automobile insurance.

    (a) Active duty members covered. In addition to Uniformed Services 
beneficiaries covered by other provisions of this part, this section 
also applies to active duty members of the Uniformed Services. As used 
in this section, ``beneficiaries'' includes active duty members.
    (b) Effect of concurrent applicability of the Federal Medical Care 
Recovery Act--(1) In general. In many cases covered by this section, the 
United States has a right to collect under both 10 U.S.C. 1095 and the 
Federal Medical Care Recovery Act (FMCRA), Pub. L. 87-693 (42 U.S.C. 
2651 et seq.). In such cases, the authority is concurrent and the United 
States may pursue collection under both statutory authorities.
    (2) Cases involving tort liability. In cases in which the right of 
the United States to collect from the automobile liability insurance 
carrier is premised on establishing some tort liability on some third 
person, matters regarding the determination of such tort liability shall 
be governed by the same substantive standards as would be applied under 
the FMCRA including reliance on state law for determinations regarding 
tort liability. In addition, the provisions of 28 CFR part 43 
(Department of Justice regulations pertaining to the FMCRA) shall apply 
to claims made under the concurrent authority of the FMCRA and 10 U.S.C. 
1095. All other matters and procedures concerning the right of the 
United States to collect shall, if a claim is made under the concurrent 
authority of the FMCRA and this section, be governed by 10 U.S.C. 1095 
and this part.
    (c) Exclusion of automobile liability insurance and no-fault 
automobile insurance plans prior to November 5, 1990. This section is 
not applicable to automobile liability insurance and no-fault automobile 
insurance plans:
    (1) That have been in continuous effect without amendment since 
prior to November 5, 1990; and
    (2) For which the facility of the Uniformed Services (or other 
authorized representative of the United States) makes a determination, 
based on documentation provided by the third party

[[Page 438]]

payer, that the policy or plan clearly excludes payment for services 
covered by this section. Plans entered into, amended or renewed on or 
after November 5, 1990, are subject to this section, as are prior plans 
that do not clearly exclude payment for services covered by this 
section.

[57 FR 41103, Sept. 9, 1992]