[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Rules and Regulations]
[Pages 9102-9103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4025]


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DEPARTMENT OF JUSTICE

28 CFR Part 43

[AG Order No. 3141-2010]


Recovery of Cost of Hospital and Medical Care and Treatment 
Furnished by the United States; Delegation of Authority

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: This rule amends Department of Justice regulations to increase 
the settlement and waiver authority delegated to heads of departments 
and agencies of the United States responsible for the furnishing of 
hospital, medical, surgical, or dental care. This change responds to 
the increase in medical costs since 1992, when the current level of 
delegated settlement and waiver authority was established, and will 
further the efficient operation of the government.

DATES: Effective Date: March 1, 2010.

[[Page 9103]]


FOR FURTHER INFORMATION CONTACT: Phyllis J. Pyles, Director, Torts 
Branch, Civil Division, Department of Justice, Washington, DC 20530, 
telephone (202) 616-4252.

SUPPLEMENTARY INFORMATION: This rule amending 28 CFR part 43 represents 
the first increase since 1992 of the settlement and waiver authority 
delegated to the departments and agencies of the United States 
responsible for the furnishing of hospital, medical, surgical, or 
dental care. During the intervening period, the cost of medical care 
and treatment has increased substantially. That increase warrants a 
corresponding increase in settlement and waiver authority to further 
the efficient operation of the government.

Administrative Procedure Act

    This rule relates to a matter of agency management or personnel and 
therefore is exempt from the usual requirements of prior notice and 
comment and a thirty-day delay in effective date. See 5 U.S.C. 
553(a)(2).

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it, 
certifies that it will not have a significant economic impact on a 
substantial number of small entities because it pertains to personnel 
and administrative matters affecting the Department. A Regulatory 
Flexibility Analysis was not required to be prepared for this final 
rule because the Department was not required to publish a general 
notice of proposed rulemaking for this matter.

Executive Order 12866: Regulatory Planning and Review

    This rule has been drafted and reviewed in accordance with 
Executive Order 12866, Regulatory Planning and Review, Sec.  1(b), 
``Principles of Regulation.'' This rule is limited to agency 
organization, management, and personnel as described by Executive Order 
12866, Sec.  (3)(d)(3), and therefore is not a ``regulation'' or 
``rule'' as defined by that Executive Order. Accordingly, this rule has 
not been reviewed by the Office of Management and Budget.

Executive Order 13132: Federalism

    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, in accordance with Executive Order 
13132, the Department of Justice has determined that this rule does not 
have sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

Executive Order 12988: Civil Justice Reform

    This rule meets the applicable standards provided in sections 3(a) 
and 3(b)(2) of Executive Order 12988.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995, 2 U.S.C. 1501 et seq.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 
804. This rule will not result in an annual effect on the economy of 
$100 million or more; a major increase in cost or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, or innovation, or the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

Congressional Review Act

    This action pertains to agency management, personnel, and 
organization and does not substantially affect the rights or 
obligations of non-agency parties. Accordingly, it is not a ``rule'' 
for purposes of the reporting requirement of 5 U.S.C. 801.

List of Subjects in 28 CFR Part 43

    Claims, Health care.

0
Accordingly, by virtue of the authority vested in the Attorney General 
by law, including 42 U.S.C. 2651-2653, Executive Order 11060 (3 CFR, 
1959-1963 Comp. p. 651), part 43 of title 28 of the Code of Federal 
Regulations is amended as follows:

PART 43--RECOVERY OF COST OF HOSPITAL AND MEDICAL CARE AND 
TREATMENT FURNISHED BY THE UNITED STATES

0
1. The authority citation for part 43 continues to read as follows:

    Authority: Sec. 2, 76 Stat. 593; 42 U.S.C. 2651-2653; E.O. 
11060, 3 CFR, 1959-1963 Comp. p. 651.


0
2. In Sec.  43.3, paragraphs (a)(2), (a)(3), and (b) are revised to 
read as follows:


Sec.  43.3  Settlement and waiver of claims.

    (a) * * *
    (2) Compromise or settle and execute a release of any claim, not in 
excess of $300,000, which the United States has for the reasonable 
value of such care and treatment; or
    (3) Waive and in this connection release any claim, not in excess 
of $300,000, in whole or in part, either for the convenience of the 
Government, or if the head of the Department or Agency, or his or her 
designee, determines that collection would result in undue hardship 
upon the person who suffered the injury or disease resulting in the 
care and treatment described in Sec.  43.1.
    (b) Claims in excess of $300,000 may be compromised, settled, 
waived, and released only with the prior approval of the Department of 
Justice.
* * * * *

    Dated: February 23, 2010.
Eric H. Holder, Jr.,
Attorney General.
[FR Doc. 2010-4025 Filed 2-26-10; 8:45 am]
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