B-87738, SEPTEMBER 6, 1949, 29 COMP. GEN. 111

B-87738: Sep 6, 1949

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MEDICAL EXAMINATIONS - PRIVATE - FEDERAL TORT CLAIM CASES PAYMENT MAY BE MADE FOR THE COST OF PROFESSIONAL SERVICES RENDERED BY A PRIVATE PHYSICIAN IN GIVING A MEDICAL EXAMINATION TO A CHILD INJURED IN A COLLISION BETWEEN A GOVERNMENT-OWNED AUTOMOBILE AND A PRIVATE AUTOMOBILE IN WHICH THE CHILD WAS A PASSENGER. 1949: REFERENCE IS MADE TO LETTER DATED AUGUST 24. REFERENCE WAS MADE TO THE PROVISION CONTAINED IN THE TREASURY DEPARTMENT APPROPRIATION ACT. IT IS STATED. IT WAS HELD THAT THE CLAIM OF FRANK A. FOR PROFESSIONAL SERVICES RENDERED IN CONNECTION WITH THE EXAMINATION OF A CHILD INJURED IN A COLLISION BETWEEN A GOVERNMENT OWNED AUTOMOBILE AND A PRIVATE AUTOMOBILE IN WHICH THE CHILD WAS A PASSENGER WAS FOR ALLOWANCE SINCE THE PURPOSE OF THE EXAMINATION WAS FOR THE PROTECTION AND BENEFIT OF THE UNITED STATES RATHER THAN FOR THE BENEFIT OF THE PERSON EXAMINED.

B-87738, SEPTEMBER 6, 1949, 29 COMP. GEN. 111

MEDICAL EXAMINATIONS - PRIVATE - FEDERAL TORT CLAIM CASES PAYMENT MAY BE MADE FOR THE COST OF PROFESSIONAL SERVICES RENDERED BY A PRIVATE PHYSICIAN IN GIVING A MEDICAL EXAMINATION TO A CHILD INJURED IN A COLLISION BETWEEN A GOVERNMENT-OWNED AUTOMOBILE AND A PRIVATE AUTOMOBILE IN WHICH THE CHILD WAS A PASSENGER, THE PURPOSE OF THE EXAMINATION BEING FOR THE PROTECTION AND BENEFIT OF THE UNITED STATES IN CONNECTION WITH A CASE COMING WITHIN THE SCOPE OF THE FEDERAL TORT CLAIMS ACT RATHER THAN FOR THE BENEFIT OF THE PERSON EXAMINED. THE EXPENSES OF MEDICAL EXAMINATIONS OF PERSONS ALLEGEDLY INJURED THROUGH THE COMMISSION OF TORTS BY THE GOVERNMENT OR OTHER ADMINISTRATIVE EXPENSES UNDER THE FEDERAL TORT CLAIMS ACT (28 U.S. CODE 2672) MAY BE CHARGED TO AN APPROPRIATION GENERALLY AVAILABLE FOR THE ADMINISTRATION OF THE PARTICULAR DEPARTMENTAL BUREAU OR OTHER UNIT INVOLVED RATHER THAN TO AN APPROPRIATION FOR THE PAYMENT OF CLAIMS PURSUANT TO LAW (28 U.S.C. 2672).

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE TREASURY, SEPTEMBER 6, 1949:

REFERENCE IS MADE TO LETTER DATED AUGUST 24, 1949, FROM THE ACTING SECRETARY OF THE TREASURY, MAKING INQUIRY AS TO THE APPROPRIATION PROPERLY CHARGEABLE WITH THE EXPENSES OF MEDICAL EXAMINATIONS OF INJURED PERSONS IN CASES COMING WITHIN THE SCOPE OF THE FEDERAL TORT CLAIMS ACT. THE DOUBT EXPRESSED IN THE SAID LETTER APPARENTLY ARISES FROM THE FACT THAT, IN DECISION OF AUGUST 11, 1949, B-87738, TO YOU, REFERENCE WAS MADE TO THE PROVISION CONTAINED IN THE TREASURY DEPARTMENT APPROPRIATION ACT, 1950, 63 STAT. 357,"FOR PAYMENT OF CLAIMS PURSUANT TO LAW (28 U.S.C. 2672), $30,000.'

THE QUOTED PROVISION RELATES TO THE SETTLEMENT OF CLAIMS OF $1,000 OR LESS BY THE HEADS OF FEDERAL AGENCIES UNDER THE FEDERAL TORT CLAIMS ACT, 60 STAT. 843. IN THE LETTER OF AUGUST 24, 1949, IT IS STATED, IN SUBSTANCE, THAT, IF IT BE INTENDED THAT THE ABOVE-QUOTED APPROPRIATION BE USED FOR PAYMENT OF EXPENSES OF MEDICAL EXAMINATIONS, SUCH PROCEDURE WOULD BE INCONSISTENT WITH THE DEPARTMENT'S UNIFORM PRACTICE OF CHARGING SUCH EXPENSES TO THE APPROPRIATION GENERALLY AVAILABLE FOR ADMINISTRATION OF THE TREASURY BUREAU OR OTHER UNIT INVOLVED.

IN THE REFERRED TO DECISION OF AUGUST 11, 1949, IT WAS HELD THAT THE CLAIM OF FRANK A. FRANKLIN, M.D., 256 SOUTH CENTRE STREET, ORANGE, NEW JERSEY, FOR PROFESSIONAL SERVICES RENDERED IN CONNECTION WITH THE EXAMINATION OF A CHILD INJURED IN A COLLISION BETWEEN A GOVERNMENT OWNED AUTOMOBILE AND A PRIVATE AUTOMOBILE IN WHICH THE CHILD WAS A PASSENGER WAS FOR ALLOWANCE SINCE THE PURPOSE OF THE EXAMINATION WAS FOR THE PROTECTION AND BENEFIT OF THE UNITED STATES RATHER THAN FOR THE BENEFIT OF THE PERSON EXAMINED, CITING 22 COMP. GEN. 32 AND 23 COMP. GEN. 746. ALSO, IT WAS CONCLUDED THAT THERE WAS NO APPARENT OBJECTION TO THE ISSUANCE BY YOUR DEPARTMENT OF PROPOSED NEW REGULATIONS TO PROVIDE FOR MEDICAL EXAMINATIONS UNDER CERTAIN CIRCUMSTANCES IN CONNECTION WITH POSSIBLE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT.

THE REFERENCE IN THE SAID DECISION TO THE ABOVE-QUOTED PROVISION OF THE TREASURY DEPARTMENT APPROPRIATION ACT, 1950, WAS NOT INTENDED TO HOLD OR TO SUGGEST THAT THE SAID APPROPRIATION WAS CHARGEABLE WITH THE EXPENSES OF MEDICAL EXAMINATIONS OR OTHER ADMINISTRATIVE EXPENSES UNDER THE FEDERAL TORT CLAIMS ACT. IT WAS INTENDED ONLY TO SUPPORT THE CONCLUSION THAT MAKING OF AN APPROPRIATION BY THE CONGRESS FOR PAYMENT OF CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT, WHEN CONSIDERED IN CONJUNCTION WITH THE PROVISIONS OF THE SAID ACT, AUTHORIZES SUCH ADMINISTRATIVE ACTION AS REASONABLY NECESSARY TO ENABLE THE HEADS OF FEDERAL AGENCIES OR THEIR DESIGNEES PROPERLY TO "CONSIDER, ASCERTAIN, ADJUST, DETERMINE, AND SETTLE" CLAIMS UNDER THE SAID ACT. THERE WAS NOT PRESENTED OR CONSIDERED ANY QUESTION AS TO THE PARTICULAR APPROPRIATION TO BE CHARGED WITH THE EXPENSES OF MEDICAL EXAMINATIONS OR OTHER ADMINISTRATIVE EXPENSES UNDER THE ACT.

ACCORDINGLY, YOU ARE ADVISED THAT NO OBJECTION IS OFFERED TO THE EXISTING PRACTICE IN YOUR DEPARTMENT OF CHARGING THE EXPENSES OF MEDICAL EXAMINATIONS OR OTHER ADMINISTRATIVE EXPENSES UNDER THE FEDERAL TORT CLAIMS ACT TO THE APPROPRIATION GENERALLY AVAILABLE FOR ADMINISTRATION OF THE TREASURY BUREAU OR OTHER UNIT INVOLVED.