Legislation to Authorize VA Recoveries from Private Health Insurance Would Result in Substantial Savings: Report to the Congress

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United States General Accounting Office, 1985 - Health insurance - 108 pages
 

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Page 40 - In any case in which the United States is authorized or required by law to furnish hospital, medical, surgical or dental care and treatment (including protheses and medical appliances) to a person who is injured or suffers a disease under circumstances creating a tort liability upon some third person to pay damages therefor...
Page 12 - Definition of terms used in this part. (a) "uniformed services" means the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Commissioned Corps of the Coast and Geodetic Survey, and the Commissioned Corps of the Public Health Service. (b) "Member of a uniformed service...
Page 17 - These include the American College of Physicians, the American College of Surgeons, the American Dental Association, the American Hospital Association, and the American Medical Association.
Page 99 - ... transportation) in any Veterans' Administration facility, within the limitations existing in such facilities, irrespective of whether the disability, disease, or defect was due to service. The statement under oath of the applicant on such form as may be prescribed by the Administrator of Veterans' Affairs shall be accepted as sufficient evidence of inability to defray necessary expenses.
Page 40 - ... to pay damages therefor, the United States shall have a right to recover from said third person the reasonable value of the care and treatment so furnished or to be furnished...
Page 37 - It is not the intention of Congress in the enactment of this legislation to clothe the States with any power to regulate or tax the business of insurance beyond that which they had been held to possess prior to the decision of the United States Supreme Court in the Southeastern Underwriters Association case.
Page 38 - ... (12) where such expenses are for services in connection with the care, treatment, filling, removal, or replacement of teeth or structures directly supporting teeth. (b) Payment under this title may not be made with respect to any item or service to the extent that payment has been made, or can reasonably be expected to be made (as determined in accordance with regulations), with respect to such item or service, under a workmen's compensation law or plan of the United States or a State.
Page 41 - impairment of obligation of contract" stated. To impair the obligation of a contract within Const. US art. 1, § 10, is to weaken it, lessen its value, or make it worse in any respect or in any degree, and any law which changes the intention and legal effect of the parties, giving to one a greater and to the other a less interest or benefit, or which imposes conditions not included in the contract or dispenses with the performance of those included, impairs the obligation of the contract.
Page 36 - Congress shall be construed to invalidate, impair or supersede any state law regulating insurance unless the act specifically relates to the business of insurance; and ( f) The charging of such rates by title insurance companies would violate state laws. This last point deserves emphasis and elaboration. Under the insurance laws of most states, title insurance companies (as well as other insurance companies...
Page 41 - A law which impairs the obligation of a contract is one which renders the contract in itself less valuable or less enforceable, whether by changing its terms and stipulations, its legal qualities and conditions, or by regulating the remedy for its enforcement.

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