13.0602 Persons entitled to free medical attention—Limitations–Extent.
(a) Medical attention shall be provided free of charge by the government to the following persons:
(1) all American Samoans, including those who are not American Samoans but are married to an American Samoans, and their children if they are residing in American Samoa at the time the time medical attention is rendered;
(2) non-American Samoans who have legally resided in American Samoa for at least 10 years prior to the time medical attention is rendered;
(3) civil service employees of the United States of America assigned to duty in American Samoa and persons who are exempt from payment of medical charges by virtue of contracts with the government and spouses and children of such persons.
(b) Free medical attention is limited to persons presenting themselves at Department of Health clinics, health centers, or Medical Center facilities and does not include house visits or consultation at other places unless made at the convenience of the physician, but nothing contained in this section may be construed as limiting the right of the Department of Health, or the Medical Center to make a reasonable charge for the use of their respective facilities.
(c) Dental attention shall be rendered in the same manner and under the same conditions as medical attention.
History: 1962, PL 7-12; 1968, PL 10-36;amd 1972, PL 12-43; amd 1998, PL 25-20.Case Notes:
Insured’s claim for damages against insurer takes priority over government’s claim against same insurer for reimbursement for paying medical expenses of insured when government’s claim, if paid, would deprive insured of recovery to which he is entitled. American International Underwriters v. A.S.G., 3 A.S.R.2d 115 (1986).
Territorial statute which required the government to provide free medical services to all citizens, and which did not require citizens who had ability to pay their own medical expenses to reimburse the government, implicitly required that government’s claim for reimbursement from tortfeasor’s insurer should be subordinate to victim’s claim for pain and suffering. A.S.C.A. § 13.0601. American International Underwriters v. American Samoa Government, 3 A.S.R.2d 115 (1986).
ASG provides free medical attention to American Samoans and qualified residents, but it can, under the equitable principle of subrogation, look to the tortfeasor for reimbursement. A.S.C.A. § 13.0601. Puailoa v. Barber, 19 A.S.R.2d 48 (1991).