A-3641, JULY 19, 1924, 4 COMP. GEN. 76
Highlights
EMERGENCY MEDICAL TREATMENT - VETERANS' BUREAU THE REGULATIONS OF THE VETERANS' BUREAU PRESCRIBING RATES ALLOWABLE TO PRIVATE PHYSICIANS FOR AUTHORIZED MEDICAL TREATMENT TO ITS BENEFICIARIES ARE NOT APPLICABLE TO CLAIMS OF BENEFICIARIES FOR AMOUNTS PAID FOR EMERGENCY MEDICAL TREATMENT WHEN NOT IN EXCESS OF THE REASONABLE VALUE OF THE SERVICES ADMINISTRATIVELY APPROVED BY THE DIRECTOR OF THE BUREAU. 1924: I HAVE YOUR LETTER OF JUNE 24. REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED OF A VOUCHER IN FAVOR OF ALBERT STEIN FOR REIMBURSEMENT OF AMOUNTS PAID BY HIM FOR MEDICAL TREATMENT PROCURED BY HIM IN AN EMERGENCY. IT APPEARS THAT STEIN IS A BENEFICIARY PATIENT OF THE VETERANS' BUREAU. THAT AS THESE CONDITIONS WERE ATTRIBUTED BY SAID PHYSICIANS TO THE PATIENT'S NEUROLOGICAL CONDITION.
A-3641, JULY 19, 1924, 4 COMP. GEN. 76
EMERGENCY MEDICAL TREATMENT - VETERANS' BUREAU THE REGULATIONS OF THE VETERANS' BUREAU PRESCRIBING RATES ALLOWABLE TO PRIVATE PHYSICIANS FOR AUTHORIZED MEDICAL TREATMENT TO ITS BENEFICIARIES ARE NOT APPLICABLE TO CLAIMS OF BENEFICIARIES FOR AMOUNTS PAID FOR EMERGENCY MEDICAL TREATMENT WHEN NOT IN EXCESS OF THE REASONABLE VALUE OF THE SERVICES ADMINISTRATIVELY APPROVED BY THE DIRECTOR OF THE BUREAU. (MODIFIED BY 4 COMP. GEN. 480.)
ACTING COMPTROLLER GENERAL GINN TO WM. H. HOLMES, DISBURSING CLERK, UNITED STATES VETERANS' BUREAU, JULY 19, 1924:
I HAVE YOUR LETTER OF JUNE 24, 1924, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED OF A VOUCHER IN FAVOR OF ALBERT STEIN FOR REIMBURSEMENT OF AMOUNTS PAID BY HIM FOR MEDICAL TREATMENT PROCURED BY HIM IN AN EMERGENCY.
IT APPEARS THAT STEIN IS A BENEFICIARY PATIENT OF THE VETERANS' BUREAU, HIS DISABILITY BEING DIAGNOSED AS PSYCHONEUROSIS, NEURASTHENIA, HYSTERICAL TREND; THAT HE HAD FREQUENTLY COMPLAINED TO THE BUREAU PHYSICIANS ABOUT HIS STOMACH, AND ESPECIALLY ABOUT HIS VOMITING; THAT AS THESE CONDITIONS WERE ATTRIBUTED BY SAID PHYSICIANS TO THE PATIENT'S NEUROLOGICAL CONDITION, THEY WOULD NOT GIVE HIM TREATMENT FOR THE STOMACH; THAT HE BECAME SERIOUSLY ILL AND WAS TAKEN BY HIS FAMILY TO A PRIVATE HOSPITAL AND OPERATED ON FOR GASTRIC ULCER; AND THAT HE PAID AND CLAIMED REIMBURSEMENT FOR THE CHARGES FOR THE OPERATION AND EXPENSES INCIDENTAL THERETO.
THE ITEMS HERE IN QUESTION ARE THE AMOUNTS OF THE CHARGES FOR THE ANAESTHETIC, CONSULTATION, AND NURSING, WHICH WERE IN EXCESS OF THE RATES FIXED BY THE SCHEDULE OF FEES FOR SUCH SERVICES ALLOWED BY GENERAL ORDER 162A OF THE VETERANS' BUREAU IN EFFECT AT THE TIME THE EXPENSES UNDER CONSIDERATION WERE INCURRED.
THE VOUCHER BEARS THE NOTATION IN CONNECTION WITH ADMINISTRATIVE APPROVAL THEREOF THAT GENERAL ORDERS 162 AND 162A "ARE HEREBY SPECIALLY WAIVED.' GENERAL ORDER 162A IS THE REGULATION OF THE VETERANS' BUREAU FIXING THE AMOUNTS OF VARIOUS FEES THAT WILL BE APPROVED FOR THE ITEMS OF EXPENSES NAMED. YOU STATE THAT THERE IS A QUESTION IN YOUR MIND WHETHER THE ORDERS PRESCRIBING MAXIMUM FEES MAY BE RETROACTIVELY WAIVED. THE QUESTION AS TO RETROACTIVE WAIVER NEED NOT BE CONSIDERED IN THIS CASE, FOR THE REASON THAT THE ORDERS OR REGULATIONS REFERRED TO RELATIVE TO ALLOWANCES MADE BY THE BUREAU TO PRIVATE PHYSICIANS WHO CLAIM PAY FOR SERVICES PERFORMED FOR BENEFICIARIES OF THE BUREAU ARE NOT APPLICABLE TO A CLAIM FOR REIMBURSEMENT OF AMOUNTS PAID BY A BENEFICIARY FOR EMERGENCY TREATMENT.
SINCE THE DIRECTOR OF THE BUREAU HAS APPROVED THE VOUCHER FOR PAYMENT AND THE CHARGES APPEAR TO BE REASONABLE YOU ARE ADVISED THAT PAYMENT OF THE VOUCHER IS AUTHORIZED IF IT IS CORRECT IN ALL OTHER RESPECTS.