B-15841, APRIL 8, 1941, 20 COMP. GEN. 608

B-15841: Apr 8, 1941

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SELECTIVE SERVICE SYSTEM - PAYMENTS FOR SPECIAL SERVICES BY EXAMINING PHYSICIANS PAYMENT FOR LABORATORY EXAMINATIONS AND X-RAYS IN CONNECTION WITH THE ADMINISTRATION OF THE SELECTIVE SERVICE SYSTEM AT SCHEDULED RATES BASED UPON ESTIMATED COSTS MAY BE MADE TO EXAMINING PHYSICIANS WHOSE SERVICES AS SUCH ARE REQUIRED BY THE SELECTIVE SERVICE REGULATIONS TO BE RENDERED WITHOUT COMPENSATION. 1941: I HAVE YOUR LETTER OF MARCH 26. AS FOLLOWS: THERE ARE BEING ESTABLISHED IN THE VARIOUS STATES BY THE STATE HEADQUARTERS FOR SELECTIVE SERVICE. SCHEDULES OF X-RAY AND SPECIAL LABORATORY RATES FOR USE WHEN SPECIAL SERVICES ARE CONSIDERED NECESSARY AND ARE AUTHORIZED BY THE CHAIRMAN OF EACH LOCAL OR MEDICAL ADVISORY BOARD.

B-15841, APRIL 8, 1941, 20 COMP. GEN. 608

SELECTIVE SERVICE SYSTEM - PAYMENTS FOR SPECIAL SERVICES BY EXAMINING PHYSICIANS PAYMENT FOR LABORATORY EXAMINATIONS AND X-RAYS IN CONNECTION WITH THE ADMINISTRATION OF THE SELECTIVE SERVICE SYSTEM AT SCHEDULED RATES BASED UPON ESTIMATED COSTS MAY BE MADE TO EXAMINING PHYSICIANS WHOSE SERVICES AS SUCH ARE REQUIRED BY THE SELECTIVE SERVICE REGULATIONS TO BE RENDERED WITHOUT COMPENSATION.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, SELECTIVE SERVICE SYSTEM, APRIL 8, 1941:

I HAVE YOUR LETTER OF MARCH 26, 1941, AS FOLLOWS:

THERE ARE BEING ESTABLISHED IN THE VARIOUS STATES BY THE STATE HEADQUARTERS FOR SELECTIVE SERVICE, SCHEDULES OF X-RAY AND SPECIAL LABORATORY RATES FOR USE WHEN SPECIAL SERVICES ARE CONSIDERED NECESSARY AND ARE AUTHORIZED BY THE CHAIRMAN OF EACH LOCAL OR MEDICAL ADVISORY BOARD. THESE RATES ARE BEING DETERMINED IN CO-OPERATION WITH THE STATE MEDICAL ASSOCIATIONS AND ARE SET UP ON AN APPROXIMATE COST ESTIMATE.

IT IS BELIEVED THAT NO OBJECTION WOULD BE RAISED TO PAYMENT FOR SERVICES RENDERED AT THE RATES SET WHEN THE PERSON PERFORMING SUCH SERVICES IS NOT IN ANY WAY CONNECTED WITH THE SELECTIVE SERVICE SYSTEM. DOUBT HAS ARISEN, HOWEVER, AS TO THE PROPRIETY OF MAKING PAYMENT WHEN THE X-RAY WORK HAS BEEN DONE OR THE SPECIAL LABORATORY TESTS PERFORMED BY EITHER A LOCAL OR ADVISORY BOARD PHYSICIAN.

IN THIS CONNECTION IT SHOULD BE NOTED THAT IN MANY COMMUNITIES THERE IS ONLY ONE LABORATORY, THAT OF THE PHYSICIAN WHO HAS VOLUNTEERED HIS SERVICES, AND TO REFUSE TO ALLOW HIM TO PERFORM REQUIRED SPECIAL TESTS IN HIS OWN LABORATORY MIGHT MAKE NECESSARY A JOURNEY OF CONSIDERABLE DISTANCE AT A GREATER EXPENSE TO THE GOVERNMENT, ESPECIALLY IN ISOLATED AREAS.

IT IS NOT BELIEVED THAT THE WAIVER OF PAY SIGNED PURSUANT TO PARAGRAPH 513 OF SELECTIVE SERVICE REGULATIONS WOULD PRECLUDE REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED. HOWEVER, WHEN LABORATORY SUPPLIES AND EQUIPMENT, AS WELL AS THE SERVICES OF A LABORATORY TECHNICIAN, ARE USED PARTLY FOR SELECTEES AND PARTLY IN CONNECTION WITH PRIVATE PRACTICE, IT BECOMES PRACTICALLY IMPOSSIBLE TO SEGREGATE THE EXPENSE INVOLVED. IT IS REQUESTED, THEREFORE, SINCE THE RATES NOW BEING ESTABLISHED IN THE VARIOUS STATES WILL REPRESENT APPROXIMATE COSTS, THAT YOU ADVISE WHETHER PAYMENT IS AUTHORIZED TO LOCAL AND ADVISORY BOARD PHYSICIANS AT THE RATES ESTABLISHED BY EACH STATE HEADQUARTERS, UPON APPROVAL OF SUCH RATES BY THE NATIONAL HEADQUARTERS.

IN THE EVENT OF YOUR APPROVAL, COPIES OF RATES WILL BE FORWARDED TO YOUR OFFICE AS SOON AS SUCH RATES HAVE BEEN ESTABLISHED. IT IS UNDERSTOOD, OF COURSE, THAT THE INCURRING OF UNNECESSARY LABORATORY CHARGES WILL BE DISCOURAGED AND THAT LABORATORY SUPPLIES AND EQUIPMENT FOR ROUTINE TESTS WILL BE FURNISHED DIRECTLY TO THE EXAMINING PHYSICIAN, IN ACCORDANCE WITH THE PROCEDURE OUTLINED IN PARAGRAPH 528 OF THE SELECTIVE SERVICE REGULATIONS.

PARAGRAPHS 513, 528, AND 529, VOLUME 5, OF THE SELECTIVE SERVICE REGULATIONS, PROVIDE:

513. UNCOMPENSATED SERVICES.--- THE SERVICES OF THE FOLLOWING PERSONS ENGAGED IN THE ADMINISTRATION OF THE SELECTIVE SERVICE SYSTEM SHALL BE UNCOMPENSATED BY THE SELECTIVE SERVICE SYSTEM. EACH SHALL SIGN A WAIVER OF PAY ( PAR. 512).

MEMBERS OF LOCAL BOARDS.

MEMBERS OF BOARDS OF APPEAL.

MEMBERS OF MEDICAL ADVISORY BOARDS.

MEMBERS OF ADVISORY BOARDS FOR REGISTRANTS.

GOVERNMENT APPEAL AGENTS.

EXAMINING PHYSICIANS.

INTERPRETERS.

528. SUPPLIES AND SERVICES FOR EXAMINING PHYSICIAN.--- A. THE CHAIRMAN OF EACH LOCAL BOARD IS AUTHORIZED TO REQUEST THE STATE PROCUREMENT OFFICER FOR SELECTIVE SERVICE TO FURNISH SUCH SUPPLIES AS MAY BE REQUIRED BY THE EXAMINING PHYSICIAN OF SUCH BOARD ( DSS FORM 259).

B. WHEN IT IS NOT PRACTICABLE FOR THE STATE PROCUREMENT OFFICER TO FURNISH THE NECESSARY SUPPLIES, HE MAY AUTHORIZE THE CHAIRMAN OF THE LOCAL BOARD TO PURCHASE THEM.

C. THE CHAIRMAN OF EACH LOCAL BOARD MAY AUTHORIZE SUCH SPECIAL EXAMINATIONS AND LABORATORY TESTS AS HE DEEMS NECESSARY AND SHALL CAUSE TO BE FORWARDED TO THE STATE PROCUREMENT OFFICER FOR PAYMENT THE BILL FOR SUCH EXAMINATIONS AND TESTS AFTER AFFIXING HIS APPROVAL. SUCH BILL OR INVOICE SHALL CONTAIN THE FOLLOWING CERTIFICATE BY THE PERSON OR LABORATORY RENDERING SUCH SERVICES:

I CERTIFY THAT THE ABOVE BILL IS CORRECT AND JUST; THAT PAYMENT THEREFOR HAS NOT BEEN RECEIVED; THAT THE RATES CHARGED WERE IN EFFECT AT THE TIME THE SERVICES WERE RENDERED; AND THAT SUCH RATES ARE NOT IN EXCESS OF THOSE CHARGED THE GENERAL PUBLIC FOR SIMILAR SERVICES.

529. SERVICES FOR MEDICAL ADVISORY BOARD.--- THE CHAIRMAN OF A MEDICAL ADVISORY BOARD SHALL AUTHORIZE SUCH SPECIAL EXAMINATIONS AND LABORATORY TESTS AS HE MAY DEEM NECESSARY AND SHALL CAUSE TO BE FORWARDED TO THE STATE PROCUREMENT OFFICER FOR PAYMENT THE BILL FOR SUCH EXAMINATIONS AND TESTS AFTER AFFIXING HIS APPROVAL. THE BILL OR STATEMENT SHALL CONTAIN THE FOLLOWING CERTIFICATE BY THE PERSON OR LABORATORY RENDERING SUCH SERVICES:

I CERTIFY THAT THE ABOVE BILL IS CORRECT AND JUST; THAT PAYMENT THEREFOR HAS NOT BEEN RECEIVED; THAT THE RATES CHARGED WERE IN EFFECT AT THE TIME THE SERVICES WERE RENDERED; AND THAT SUCH RATES ARE NOT IN EXCESS OF THOSE CHARGED THE GENERAL PUBLIC FOR SIMILAR SERVICES.

THE WAIVER OF COMPENSATION UNDER PARAGRAPH 513 MUST BE CONSTRUED AS RELATING ONLY TO THE SERVICES ORDINARILY RENDERED BY THE BOARD MEMBER OR EXAMINING PHYSICIAN IN PERSON. PAYMENTS FOR LABORATORY EXAMINATIONS AND X -RAYS ARE AUTHORIZED BY PARAGRAPHS 528 AND 529; AND SUCH PAYMENTS ARE NOT PRECLUDED BY THE FACT THAT THE SERVICES MAY BE PROCURED FROM THE EXAMINING PHYSICIAN WHOSE SERVICES AS SUCH ARE REQUIRED TO BE WITHOUT COMPENSATION, IF SAID LABORATORY EXAMINATIONS AND X-RAYS ARE FURNISHED AT SCHEDULED RATES BASED UPON ESTIMATED COSTS. ACCORDINGLY, THE QUESTION YOU SUBMIT IS ANSWERED IN THE AFFIRMATIVE.