B-171272, FEB 2, 1971

B-171272, FEB 2, 1971

ARMY PERSONNEL - EMERGENCY MEDICAL SERVICE DECISION HOLDING THAT CLAIM IN THE AMOUNT OF $300.08 IN FAVOR OF THE FUJIYOSHIDA POLICE STATION YAMANASHI-PREF, JAPAN FOR RESCUE SERVICES RENDERED TO TWO U.S. ARMY OFFICERS IS PROPER FOR PAYMENT. ARMY REGULATION 40-3 SECTION 1, PARAGRAPH 2 PROVIDES THAT "MEDICAL CARE INCLUDES, BUT IS NOT LIMITED TO, THE FURNISHING OF HOSPITALIZATION, SUBSISTENCE, TRANSPORTATION ... " PRIOR AUTHORIZATION NOT BEING REQUIRED IN AN EMERGENCY SITUATION. SINCE THE RESCUE SERVICES WERE INCIDENT TO GETTING THE INJURED OFFICERS TO CIVILIAN MEDICAL FACILITIES, IT CAN BE CONSIDERED EMERGENCY MEDICAL CARE AND PAYMENT FOR SUCH SERVICES IS PROPER.

TO MAJOR R. G. FRIEDMAN:

YOUR LETTER DATED AUGUST 13, 1970, REFERENCE USARJ CO-FA, REQUESTING AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENT OF A VOUCHER IN THE AMOUNT OF $300.08 IN FAVOR OF THE FUJIYOSHIDA POLICE STATION, YAMANASHI PREF, JAPAN, FOR RESCUE SERVICES RENDERED TO TWO UNITED STATES ARMY OFFICERS INJURED AND STRANDED ON MT. FUJI DURING AN UNSUCCESSFUL CLIMBING EXPEDITION ON NOVEMBER 16, 1969, WAS FORWARDED HERE FROM THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, BY LETTER DATED NOVEMBER 5, 1970.

THE VOUCHER WAS APPROVED FOR PAYMENT BY THE UNITED STATES ARMY MEDICAL COMMAND, JAPAN, AND BY THE OFFICE OF THE SURGEON GENERAL, DEPARTMENT OF THE ARMY, THE FORMER CONSIDERING THAT AMBULANCE SERVICES ARE REIMBURSABLE UNDER SECTION VIII OF AR 40-3, AND THE LATTER HOLDING THE VIEWPOINT THAT TRANSPORTATION IS INCLUDED WITHIN THE MEANING OF "MEDICAL CARE" COSTS FOR WHICH PAYMENT IS AUTHORIZED UNDER AR 40-3, PARAGRAPH 2K.

YOU STATE THAT YOU CANNOT CONCUR IN THE DETERMINATIONS OF THESE TWO OFFICES, SINCE IN YOUR VIEW THE CLAIMANT DOES NOT QUALIFY AS AN "AMBULANCE COMPANY," WITHIN THE NORMAL DEFINITION AND THAT ALPINE RESCUE DOES NOT NORMALLY COME WITHIN THE PURVIEW OF AMBULANCE SERVICE.

AR 40-3, SECTION 1, PARAGRAPH 2. DEFINITIONS, PROVIDES IN PERTINENT PART, AS FOLLOWS:

"K. MEDICAL CARE. MEDICAL CARE INCLUDES, BUT IS NOT LIMITED TO, THE FURNISHING OF HOSPITALIZATION, *** SUBSISTENCE, TRANSPORTATION *** ."

AR 40-3, SECTION VIII, MEDICAL CARE FROM CIVILIAN SOURCES, PARAGRAPH 88, MANNER IN WHICH CARE IS PROVIDED, PROVIDES, IN PART:

"(2) WITHOUT PRIOR AUTHORIZATION BY DESIGNATED APPROVING AUTHORITY. INDIVIDUALS MAY OBTAIN CIVILIAN MEDICAL CARE WITHOUT PRIOR AUTHORIZATION OF THE DESIGNATED APPROVING AUTHORITY WHEN ANY OF THE FOLLOWING CIRCUMSTANCES EXIST:

"(A) IN EMERGENCIES WHEN THE URGENCY OF THE SITUATION DOES NOT PERMIT THE OBTAINING OF SUCH PRIOR AUTHORIZATION."

PARAGRAPH 92, PREPARATION AND PAYMENT OF VOUCHERS, PROVIDES, IN PART, AS FOLLOWS:

"E. CHARGES FOR SERVICES BY CIVILIAN PHYSICIANS, HOSPITALS OR CLINICS, SPECIAL NURSES, *** AND AMBULANCE COMPANIES *** WILL BE PRESENTED FOR PAYMENT ON DA FORM 8-9 (PUBLIC VOUCHER FOR MEDICAL SERVICES) *** . THE ORIGINAL DA FORM 8-9 AND THREE COPIES WILL BE FORWARDED TO THE APPROVING AUTHORITY. VOUCHERS MARKED 'COPY,' 'DUPLICATE' OR 'CORRECTED COPY' WILL NOT BE ACCEPTABLE. *** "

PARAGRAPH 92 OF AR 40-3 (AS THE TITLE AND CONTENT SUGGEST) PRESCRIBES THE PROCEDURE TO BE FOLLOWED IN THE PREPARATION AND PAYMENT OF VOUCHERS FOR CIVILIAN MEDICAL CARE. UNDER THE PROVISIONS OF PARAGRAPH 92E. (1)(D) 14. ("DESCRIPTION OF OTHER SERVICES RECEIVED WHICH ARE NOT SPECIFIED HEREIN."), AND 92E. (2) (RELATING TO "ANY UNUSUAL CHARGES OR ANY CIVILIAN MEDICAL CARE FURNISHED UNDER UNUSUAL CIRCUMSTANCES *** ") VOUCHERS MAY BE PREPARED SHOWING SERVICES OTHER THAN THOSE EXPRESSLY LISTED. UNDER THE PROVISIONS OF PARAGRAPH 2 K OF AR 40-3, QUOTED ABOVE, MEDICAL CARE INCLUDES BUT IS NOT LIMITED TO THE FURNISHING OF HOSPITALIZATION, TRANSPORTATION TO A MEDICAL FACILITY, AND VARIOUS OTHER MEDICAL RELATED SERVICES. THE EXPRESS MENTION OF A LACK OF LIMITATION IN THE DEFINITION OF "MEDICAL CARE" HAS SIGNIFICANCE.

THE RESCUE SERVICES WERE NECESSARILY INCIDENT TO GETTING THE INJURED OFFICERS TO CIVILIAN MEDICAL FACILITIES IN AN EMERGENCY SITUATION AND MAY BE CONSIDERED AS EMERGENCY MEDICAL CARE.

ACCORDINGLY, THE VOUCHER AND SUPPORTING PAPERS ARE RETURNED, PAYMENT THEREON BEING AUTHORIZED, IF OTHERWISE PROPER, ON THE BASIS SET FORTH ABOVE.