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42 U.S.C. § 7384v — Medical benefits

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7384v — Medical benefits

**(a) Medical benefits provided** The United States shall furnish, to an individual receiving medical benefits under this section for an illness, the services, appliances, and supplies prescribed or recommended by a qualified physician for that illness, which the President considers likely to cure, give relief, or reduce the degree or the period of that illness. **(b) Persons furnishing benefits** (1) These services, appliances, and supplies shall be furnished by or on the order of United States medical officers and hospitals, or, at the individual’s option, by or on the order of physicians and hospitals designated or approved by the President. (2) The individual may initially select a physician to provide medical services, appliances, and supplies under this section in accordance with such regulations and instructions as the President considers necessary. **(c) Transportation and expenses** The individual may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. **(d) Commencement of benefits** An individual receiving benefits under this section shall be furnished those benefits as of the date on which that individual submitted the claim for those benefits in accordance with this subchapter. **(e) Payment from compensation fund** The benefits provided under this section, when authorized or approved by the President, shall be paid from the compensation fund established under [section 7384e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384e&num=0&edition=prelim). **(f) Effective date** This section shall take effect on July 31, 2001, unless Congress otherwise provides in an Act enacted before that date.

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Source file: Laws/federal/codes/united-states-code/title-42/section-7384v-medical-benefits--2f3b2e0e9d.md
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Source location: Title 42, Chapter 84, § 7384v; chapter-084-department-of-energy.md

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**(a) Medical benefits provided** The United States shall furnish, to an individual receiving medical benefits under this section for an illness, the services, appliances, and supplies prescribed or recommended by a qualified physician for that illness, which the President considers likely to cure, give relief, or reduce the degree or the period of that illness. **(b) Persons furnishing benefits** (1) These services, appliances, and supplies shall be furnished by or on the order of United States medical officers and hospitals, or, at the individual’s option, by or on the order of physicians and hospitals designated or approved by the President. (2) The individual may initially select a physician to provide medical services, appliances, and supplies under this section in accordance with such regulations and instructions as the President considers necessary. **(c) Transportation and expenses** The individual may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. **(d) Commencement of benefits** An individual receiving benefits under this section shall be furnished those benefits as of the date on which that individual submitted the claim for those benefits in accordance with this subchapter. **(e) Payment from compensation fund** The benefits provided under this section, when authorized or approved by the President, shall be paid from the compensation fund established under [section 7384e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7384e&num=0&edition=prelim). **(f) Effective date** This section shall take effect on July 31, 2001, unless Congress otherwise provides in an Act enacted before that date.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7384e — Findings; sense of Congress

**(a) Findings** The Congress finds the following: (1) Since World War II, Federal nuclear activities have been explicitly recognized under Federal law as activities that are ultra-hazardous. Nuclear weapons production and testing have involved unique dangers, including potential catastrophic nuclear accidents that private insurance carriers have not covered and recurring exposures to radioactive substances and beryllium that, even in small amounts, can cause medical harm. (2) Since the inception of the nuclear weapons program and for several decades afterwards, a large number of nuclear weapons workers at sites of the Department of Energy and at sites of vendors who supplied the Cold War effort were put at risk without their knowledge and consent for reasons that, documents reveal, were driven by fears of adverse publicity, liability, and employee demands for hazardous duty pay. (3) Many previously secret records have documented unmonitored exposures to radiation and beryllium and continuing problems at these sites across the Nation, at which the Department of Energy and its predecessor agencies have been, since World War II, self-regulating with respect to nuclear safety and occupational safety and health. No other hazardous Federal activity has been permitted to be carried out under such sweeping powers of self-regulation. (4) The policy of the Department of Energy has been to litigate occupational illness claims, which has deterred workers from filing workers’ compensation claims and has imposed major financial burdens for such employees who have sought compensation. Contractors of the Department have been held harmless and the employees have been denied workers’ compensation coverage for occupational disease. (5) Over the past 20 years, more than two dozen sci

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7384v — Assistance for claimants and potential

Page 7147 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7385 not the death is a result of the illness specified in sub- section (b) of this section, a survivor of that employee may, on behalf of that survivor and any other survivors of that employee, receive the compensation provided for under this section. ‘‘(2) The right to receive compensation under this sec- tion shall be afforded to survivors in the same order of precedence as that set forth in section 8109 of title 5.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107–107 effective July 1, 2001, see section 3151(a)(4)(D) of Pub. L. 107–107, set out as a note under section 7384l of this title. § 7384v. Assistance for claimants and potential claimants (a) Assistance for claimants The President shall, upon the receipt of a re- quest for assistance from a claimant under the compensation program, provide assistance to the claimant in connection with the claim, in- cluding— (1) assistance in securing medical testing and diagnostic services necessary to establish the existence of a covered beryllium illness, chronic silicosis, or cancer; and (2) such other assistance as may be required to develop facts pertinent to the claim. (b) Assistance for potential claimants The President shall take appropriate actions to inform and assist covered employees who are potential claimants under the compensation program, and other potential claimants under the compensation program, of the availability of compensation under the compensation program, including actions to— (1) ensure the ready availability, in paper and electronic format, of forms necessary for making claims; (2) provide such covered employees and other potential claimants with information and ot

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