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DOD/OS RIN: 0790-AL22 Publication ID: Fall 2021 
Title: Medical Malpractice Claims by Members of the Uniformed Services 
Abstract:

The Department of Defense published an interim final rule to implement 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 DoD health care providers in certain military medical treatment facilities. Because Federal courts do not have jurisdiction to consider these claims, DoD issued this rule to provide uniform standards and procedures for considering and processing these actions. DoD is in the process of adjudicating the public comments received on the interim final rule and will publish a final rule in the near future. 

 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 32 CFR 45   
Legal Authority: 10 U.S.C. 2733a   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  06/17/2021  86 FR 32194   
Interim Final Rule Effective  07/19/2021 
Interim Final Rule Comment Period End  08/16/2021 
Final Action  03/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Melissa D. Walters
Defense Health Agency General Counsel
Department of Defense
Office of the Secretary
7700 Arlington Boulevard,
Falls Church, VA 22042
Phone:703 681-6027
Email: melissa.d.walters.civ@mail.mil