B-130188, JAN. 17, 1957

B-130188, JAN. 17, 1957

TO ROBERT E. PAUL, JR., MD:

IN LETTER FROM GEORGE CHIMPLES, ATTORNEY AT LAW, DATED OCTOBER 22, 1956, FURTHER CONSIDERATION IS REQUESTED ON YOUR BEHALF IN THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES, STATED IN THE TOTAL SUM OF $624,ARISING BY REASON OF YOUR RECEIPT FROM THE GOVERNMENT OF A BASIC SUBSISTENCE ALLOWANCE OF $42 PER MONTH, AS AUTHORIZED IN SECTION 301 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 812, COVERING THE PERIOD JULY 1, 1950, TO JUNE 30, 1951 ($504), WHILE BEING FURNISHED MEALS BY THE CHARITY HOSPITAL OF LOUISIANA, NEW ORLEANS, LOUISIANA, INCIDENT TO SERVICE THERE AS AN OFFICER-INTERN, AND OF THE RECEIPT OF COMPENSATION FOR THAT PERIOD FROM THE HOSPITAL ($120) WHILE RECEIVING ACTIVE-DUTY PAY AS A COMMISSIONED OFFICER OF THE U.S. AIR FORCE.

IT APPEARS TO BE YOUR VIEW THAT OUR DECISION OF DECEMBER 26, 1950, 30 COMP. GEN. 246, CITED AS AUTHORITY FOR THE DEBT ACTION TAKEN AGAINST YOU, CONCLUDED THAT OFFICER-INTERNS MIGHT LEGALLY ACCEPT COMPENSATION FROM HOSPITALS IF PAID FROM FUNDS CONTRIBUTED OUT OF THE TREASURY OF A STATE, COUNTY, MUNICIPALITY, AS WAS DONE BY THE CHARITY HOSPITAL OF LOUISIANA IN YOUR CASE, AND THAT AS A CONSEQUENCE YOU ARE NOT LIABLE FOR THE $120 PAY ITEM RECEIVED. YOU CONCEDE THAT YOU ARE PROPERLY LIABLE TO THE GOVERNMENT FOR THE VALUE OF MEALS FURNISHED BY THE HOSPITAL, BUT STATE THAT NOT ALL OF YOUR MEALS WERE SO FURNISHED DURING THE PERIOD INVOLVED. IT IS SUGGESTED THAT THAT PART OF YOUR INDEBTEDNESS REPRESENTING THE BASIC SUBSISTENCE ALLOWANCE RECEIVED FROM THE GOVERNMENT BE REDUCED TO REFLECT THE VALUE OF THOSE MEALS NOT ACTUALLY FURNISHED TO YOU BY THE HOSPITAL.

IN OUR DECISION OF APRIL 16, 1953, B-113776 (32 COMP. GEN. 454), CONSIDERING A SITUATION COMPARABLE TO YOURS, IT WAS HELD THAT COMPENSATION RECEIVED FROM HOSPITALS BY OFFICER-INTERNS IN ADDITION TO THEIR ACTIVE- DUTY PAY AND ALLOWANCES SHOULD BE CONSIDERED AS RECEIVED FOR THE ACCOUNT AND BENEFIT OF THE GOVERNMENT AND THUS SUBJECT TO CHECK AGE IN THE OFFICER'S PAY ACCOUNTS, IRRESPECTIVE OF WHETHER THE HOSPITALS ARE OPERATED AND FINANCED WITH STATE, COUNTY, OR MUNICIPAL FUNDS, OR WITH PRIVATE FUNDS. A COPY OF THE DECISION OF APRIL 16, 1953, IS ENCLOSED FOR YOUR INFORMATION. FOR THE REASONS STATED IN THAT DECISION THE CONCLUSION IS REQUIRED THAT YOU WERE NOT ENTITLED TO THE COMPENSATION RECEIVED FROM THE HOSPITAL EVEN THOUGH PAID TO YOU FROM STATE FUNDS, AND, CONSEQUENTLY, THAT YOUR INDEBTEDNESS TO THE GOVERNMENT WITH RESPECT TO THAT ITEM WAS PROPERLY STATED.

THE RIGHT OF OFFICERS TO RECEIVE THE BASIC SUBSISTENCE ALLOWANCE FROM THE GOVERNMENT WHILE INTERNING HAS BEEN QUESTIONED ONLY FOR PERIODS WHERE MEALS ACTUALLY WERE FURNISHED BY THE HOSPITALS TO THE OFFICERS WITHOUT CHARGE. THE CHARGES RAISED AGAINST YOU WERE BASED ON A STATEMENT FROM THE CHARITY HOSPITAL OF LOUISIANA THAT YOU WERE "ENTITLED TO THREE MEALS EACH DAY" WHILE THERE AS AN INTERN, IT THUS BEING INDICATED THAT ALL OF YOUR MEALS WERE FURNISHED. IT IS STATED IN THAT CONNECTION THAT YOU CONSIDER, AS A CONSERVATIVE ESTIMATE, THAT ONLY 50 PERCENT OF YOUR MEALS WERE FURNISHED BY THE HOSPITAL DURING THE PERIOD IN QUESTION. IF SUCH ACTUALLY WAS THE SITUATION, AND ACCEPTABLE EVIDENCE--- SUCH AS CERTIFICATION FROM OFFICERS OF THE CHARITY HOSPITAL OF LOUISIANA--- CAN BE FURNISHED TO ESTABLISH THE EXTENT TO WHICH HOSPITAL MEALS ACTUALLY WERE TAKEN BY YOU DURING THE PERIOD IN QUESTION, FURTHER CONSIDERATION WILL BE GIVEN THE MATTER ..END :