The mission of the Affirmative Claims Branch is to assert claims against parties to recover the cost of:
-
The loss, damage to, or destruction of Army property
-
Medical costs associated with the treatment of soldiers, retirees, and their respective family members who – as a result of negligence, products liability, medical malpractice or other tortious acts – were injured and subsequently treated at a military Medical Treatment Facility (MTF) or at a civilian hospital that was reimbursed for its costs by DOD’s TRICARE Management Activity. These are known as “Medical Affirmative Claims” (MAC)
Command Claims Services and Area Claims Offices collect medical and property-related affirmative claims under the MAC program. The program is supervised by the Commander, USARCS, on behalf of TJAG, who has been delegated the responsibility under 10 U.S.C. § 1095, 10 U.S.C. § 1095b, and the Federal Medical Care Recovery Act, 42 U.S.C. §§ 2651-2653.
Note that responsibility for collecting health insurance and Medicare supplemental has been delegated to MEDCOM and regional medical commands in foreign countries, which execute the Army MAC program.
*****
If you receive medical care paid for by TRICARE
If you receive medical care paid for by TRICARE, please remember that federal regulations require beneficiaries to cooperate in any investigation by providing information requested by affirmative claims personnel to enable them to recover the cost of care from the negligent party, their insurance company and/or yours. So please cooperate fully with the affirmative claims team as they investigate the facts surrounding the claim and the costs to the government associated with it. You’re not just helping them—you’re helping yourself, your family members, and the entire Army family!