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RuleSignificant2022-183142022-08-26

Medical Malpractice Claims by Members of the Uniformed Services

Defense Department,

Abstract

DoD is publishing this rule to finalize the implementation of requirements of the National Defense Authorization Act (NDAA) for Fiscal Year 2020 permitting members of the uniformed services or their authorized representatives to file claims for personal injury or death caused by a Department of Defense health care provider in certain military medical treatment facilities. Because Federal courts do not have jurisdiction to consider these claims, DoD is issuing this rule to provide uniform standards and procedures for considering and processing these actions.

Action & Dates

Action
Final rule.
Dates
This final rule is in effect September 26, 2022.
Effective Date
2022-09-26

CFR References

Topics

ClaimsUniformed Services

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Defense Office of the Secretary 32 CFR Part 45 [Docket ID: DOD-2021-OS-0047] RIN 0790-AL22 AGENCY: Department of Defense (DoD) Office of General Counsel, DoD. ACTION: Final rule. SUMMARY: DoD is publishing this rule to finalize the implementation of requirements of the National Defense Authorization Act (NDAA) for Fiscal Year 2020 permitting members of the uniformed services or their authorized representatives to file claims for personal injury or death caused by a Department of Defense health care provider in certain military medical treatment facilities. Because Federal courts do not have jurisdiction to consider these claims, DoD is issuing this rule to provide uniform standards and procedures for considering and processing these actions. DATES: This final rule is in effect September 26, 2022. FOR FURTHER INFORMATION CONTACT: Melissa D. Walters, (703) 681-6027, melissa.d.walters.civ@mail.mil . SUPPLEMENTARY INFORMATION: Background Signed into law on December 20, 2019, section 731 of the 2020 NDAA allows members of the uniformed services or their authorized representatives to file claims for personal injury or death caused by a DoD health care provider in certain military medical treatment facilities. Historically, members of the armed forces have been unable to bring suit against the government under the Feres doctrine, named for the plaintiff in Feres v. United States, 340 U.S. 135 (1950). Based on this 1950 Supreme Court decision, Active Duty military perso

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Related Documents

Other Federal Register documents from the same docket.

Full Document

Citation: 87 FR 52446