34 U.S.C. § 10288 — Due diligence in paying benefit claims
submitted 9 years ago by Pub. L. 90-351 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 202 words · no verdicts yet
This section addresses due diligence in paying benefit claims. It states the duties, permissions, procedures, or other rules contained in the section.
(a) In general The Bureau, with all due diligence, must expeditiously attempt to obtain the information and documentation necessary to adjudicate a benefit claim filed under this subchapter, including a claim for financial assistance under part B.
(b) Sufficient information unavailable If a benefit claim filed under this subchapter, including a claim for financial assistance under part B, is unable to be adjudicated by the Bureau because of a lack of information or documentation from a third party, such as a public agency, and such information is not readily available to the claimant, the Bureau—
(1) may use available investigative tools, including subpoenas, to—
(A) adjudicate or to expedite the processing of the benefit claim, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of such claim; and (B) obtain information or documentation from third parties, including public agencies, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of a claim; and (2) cannot abandon the benefit claim unless the Bureau has used investigative tools, including subpoenas, to obtain the information or documentation deemed necessary to adjudicate such claim by the Bureau under subparagraph (1)(B).
The Bureau, with all due diligence, shall expeditiously attempt to obtain the information and documentation necessary to adjudicate a benefit claim filed under this subchapter, including a claim for financial assistance under part B.
If a benefit claim filed under this subchapter, including a claim for financial assistance under part B, is unable to be adjudicated by the Bureau because of a lack of information or documentation from a third party, such as a public agency, and such information is not readily available to the claimant, the Bureau—
may use available investigative tools, including subpoenas, to—
adjudicate or to expedite the processing of the benefit claim, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of such claim; and
obtain information or documentation from third parties, including public agencies, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of a claim; and
may not abandon the benefit claim unless the Bureau has used investigative tools, including subpoenas, to obtain the information or documentation deemed necessary to adjudicate such claim by the Bureau under subparagraph (1)(B).
Source credit: (Pub. L. 90–351, title I, § 1206, as added Pub. L. 115–36, § 4, June 2, 2017, 131 Stat. 852; amended Pub. L. 117–61, § 4, Nov. 18, 2021, 135 Stat. 1478.)
- 2017Enacted · Pub. L. 90-351 · 131 Stat. 852
- 2021Amended · Pub. L. 117-61 · 135 Stat. 1478
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-351 on 2017-06-02.
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