A-11971, FEBRUARY 24, 1926, 5 COMP. GEN. 658

A-11971: Feb 24, 1926

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

OR EMOLUMENTS ARE FIXED BY LAW OR REGULATION IS PROHIBITED BY THE PROVISIONS OF SECTION 1765. REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED OF THE CLAIM OF CHARLES A. TRANSMITTED WITH YOUR SUBMISSION IS A LETTER FROM THE COMMANDING OFFICER OF THE HOSPITAL IN WHICH IT IS STATED THAT THE ENLISTED MAN "WAS NOT A VOLUNTEER FOR THIS SERVICE AS IT WAS IMPRACTICABLE TO GET VOLUNTEERS" AND THAT: THIS HOSPITAL CAN ONLY MEET EMERGENCIES OF THIS KIND BY HAVING READY AT ALL TIMES A LIST OF APPROVED DONORS OF TYPE ONE. WHO ARE WASSERMAN-NEGATIVE. TO MAINTAIN THIS LIST IT IS NECESSARY TO FREQUENTLY DRAW BLOOD FROM THE INDIVIDUAL FOR THE LABORATORY TESTS TO SEE THAT THEY MAINTAIN THE TYPE. FROM THE ABOVE QUOTATIONS IT MAY BE ASSUMED THAT THE ENLISTED MAN WAS DETAILED OR ASSIGNED FOR THE SERVICE IN QUESTION AND THAT HE SUBMITTED TO THE OPERATION PURSUANT TO ORDERS FROM PROPER AUTHORITY.

A-11971, FEBRUARY 24, 1926, 5 COMP. GEN. 658

ADDITIONAL COMPENSATION - BLOOD TRANSFUSION A BLOOD TRANSFUSION OPERATION INVOLVES ON THE PART OF THE DONOR THE RENDERING OF A SERVICE RATHER THAN THE SALE OF A COMMODITY AND THE PAYMENT OF A FEE OR COMPENSATION THEREFOR TO AN ENLISTED MAN OF THE NAVY OR TO ANY OFFICER OR EMPLOYEE OF THE GOVERNMENT WHOSE SALARY, PAY, OR EMOLUMENTS ARE FIXED BY LAW OR REGULATION IS PROHIBITED BY THE PROVISIONS OF SECTION 1765, REVISED STATUTES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, FEBRUARY 24, 1926:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF NOVEMBER 14, 1925, REQUESTING DECISION WHETHER PAYMENT IS AUTHORIZED OF THE CLAIM OF CHARLES A. SMINGLER, AN ENLISTED MAN IN THE NAVY, FOR $25 AS A "FEE FOR SERVICES RENDERED" IN SUBMITTING TO A BLOOD TRANSFUSION OPERATION FOR THE BENEFIT OF LIEUT. COMMANDER THOMAS M. COCHRAN, JUNE 3, 1925, AT UNITED STATES NAVAL HOSPITAL, LEAGUE ISLAND, PA.

TRANSMITTED WITH YOUR SUBMISSION IS A LETTER FROM THE COMMANDING OFFICER OF THE HOSPITAL IN WHICH IT IS STATED THAT THE ENLISTED MAN "WAS NOT A VOLUNTEER FOR THIS SERVICE AS IT WAS IMPRACTICABLE TO GET VOLUNTEERS" AND THAT:

THIS HOSPITAL CAN ONLY MEET EMERGENCIES OF THIS KIND BY HAVING READY AT ALL TIMES A LIST OF APPROVED DONORS OF TYPE ONE, TWO, THREE, AND FOUR BLOOD, WHO ARE WASSERMAN-NEGATIVE. TO MAINTAIN THIS LIST IT IS NECESSARY TO FREQUENTLY DRAW BLOOD FROM THE INDIVIDUAL FOR THE LABORATORY TESTS TO SEE THAT THEY MAINTAIN THE TYPE.

FROM THE ABOVE QUOTATIONS IT MAY BE ASSUMED THAT THE ENLISTED MAN WAS DETAILED OR ASSIGNED FOR THE SERVICE IN QUESTION AND THAT HE SUBMITTED TO THE OPERATION PURSUANT TO ORDERS FROM PROPER AUTHORITY. THIS IS ALSO INDICATED BY THE FOLLOWING STATEMENTS MADE IN THE LETTER OF NOVEMBER 4, 1925, ADDRESSED TO YOU FROM THE BUREAU OF MEDICINE AND SURGERY:

* * * THE REASON THAT THE NAMES OF ENLISTED MEN ARE MAINTAINED ON THE LIST KEPT FOR THIS PURPOSE AT NAVAL HOSPITALS IS DUE TO THE FACT THAT THEY ARE READILY, AND SOMETIMES THE ONLY SUBJECTS AVAILABLE IN THE EMERGENCY. * * * THIS BUREAU STRONGLY RECOMMENDS THAT A DECISION BE REQUESTED FAVORABLE TO THE EMPLOYMENT OF PERSONS, INCLUDING ENLISTED MEN, FOR THAT PURPOSE. * * *

WHETHER THE ENLISTED MEN COULD BE REQUIRED UNDER THE TERMS OF ENLISTMENT TO RENDER SUCH SERVICE WITHOUT THEIR CONSENT IS A MATTER NOT HERE INVOLVED.

IN SO FAR AS THE PATIENT IS CONCERNED, THE EXPENSE OF BLOOD TRANSFUSION MIGHT PROPERLY BE REGARDED THE SAME AS AN EXPENSE FOR DRUGS OR ANY OTHER ITEM INCIDENT TO HOSPITAL TREATMENT, AND IT IS STATED IN THE COMMUNICATIONS ACCOMPANYING YOUR SUBMISSION THAT THE CUSTOMARY FEE PAID IN HOSPITALS GENERALLY TO "DONORS" OF BLOOD FOR TRANSFUSION IS FROM $25 TO $50 FOR 400 CUBIC CENTIMETERS OF BLOOD. BUT IT IS APPARENT FROM THE NATURE OF THE TRANSFUSION OPERATION AND THE AFTER EFFECT THEREOF UPON THE DONOR, AS WELL AS FROM THE STATEMENTS HEREINBEFORE QUOTED, THAT THE OPERATION INVOLVES THE RENDERING OF A PERSONAL SERVICE BY THE DONOR RATHER THAN THE SALE OF A COMMODITY. THEREFORE, THE PAYMENT OF A FEE OR COMPENSATION THEREFOR TO AN ENLISTED MAN, OR TO ANY OTHER OFFICER OR EMPLOYEE OF THE GOVERNMENT WHOSE SALARY, PAY, OR EMOLUMENTS ARE FIXED BY LAW OR REGULATION, IS PROHIBITED BY THE PROVISIONS OF SECTION 1765, REVISED STATUTES. 5 COMP. DEC. 916; 26 COMP. DEC. 568. SEE ALSO DECISION OF JUNE 5, 1924, A-2958.