42 U.S.C. § 7384t — Medical benefits

Page 7145 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7384t death is the result of the covered employee’s oc- cupational illness, such payment may be made only as follows: (A) If the covered employee is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to all children of the cov- ered employee who are living at the time of payment. (C) If there is no surviving spouse described in subparagraph (A) and if there are no chil- dren described in subparagraph (B), such pay- ment shall be made in equal shares to the par- ents of the covered employee who are living at the time of payment. (D) If there is no surviving spouse described in subparagraph (A), and if there are no chil- dren described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grand- children of the covered employee who are liv- ing at the time of payment. (E) If there is no surviving spouse described in subparagraph (A), and if there are no chil- dren described in subparagraph (B), parents described in subparagraph (C), or grand- children described in subparagraph (D), then such payment shall be made in equal shares to the grandparents of the covered employee who are living at the time of payment. (F) Notwithstanding the other provisions of this paragraph, if there is— (i) a surviving spouse described in subpara- graph (A); and (ii) at least one child of the covered em- ployee who is living and a minor at the time of payment and who is not a recognized nat- ural child or adopted child of such surviving spouse, then half of such payment shall be made to such surviving spouse, and the other half of such payment shall be made in equal shares to each child of the covered employee who is liv- ing and a minor at the time of payment. (2) If a covered employee eligible for payment dies before filing a claim under this subchapter, a survivor of that employee who may receive payment under paragraph (1) may file a claim for such payment. (3) For purposes of this subsection— (A) the ‘‘spouse’’ of an individual is a wife or husband of that individual who was married to that individual for at least one year imme- diately before the death of that individual; (B) a ‘‘child’’ includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child; (C) a ‘‘parent’’ includes fathers and mothers through adoption; (D) a ‘‘grandchild’’ of an individual is a child of a child of that individual; and (E) a ‘‘grandparent’’ of an individual is a parent of a parent of that individual. (f) Effective date This section shall take effect on July 31, 2001, unless Congress otherwise provides in an Act en- acted before that date. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3628], Oct. 30, 2000, 114 Stat. 1654, 1654A–506; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(4)(A), Dec. 28, 2001, 115 Stat. 1372.) Editorial Notes AMENDMENTS 2001—Subsec. (e). Pub. L. 107–107 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: ‘‘(1) Subject to the provisions of this section, if a cov- ered employee dies before the effective date specified in subsection (f) of this section, whether or not the death is a result of that employee’s occupational illness, a survivor of that employee may, on behalf of that sur- vivor 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. § 7384t. Medical benefits (a) Medical benefits provided The United States shall furnish, to an indi- vidual receiving medical benefits under this sec- tion for an illness, the services, appliances, and supplies prescribed or recommended by a quali- fied physician for that illness, which the Presi- dent considers likely to cure, give relief, or re- duce 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 physi- cians and hospitals designated or approved by the President. (2) The individual may initially select a physi- cian to provide medical services, appliances, and supplies under this section in accordance with such regulations and instructions as the Presi- dent 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. (f) Effective date This section shall take effect on July 31, 2001, unless Congress otherwise provides in an Act en- acted before that date. Page 7146 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7384u (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3629], Oct. 30, 2000, 114 Stat. 1654, 1654A–507.) § 7384u. Separate treatment of certain uranium employees (a) Compensation provided An individual who receives, or has received, $100,000 under section 5 of the Radiation Expo- sure Compensation Act (42 U.S.C. 2210 note) for a claim made under that Act (hereafter in this section referred to as a ‘‘covered uranium em- ployee’’), or the survivor of that covered ura- nium employee if the employee is deceased, shall receive compensation under this section in the amount of $50,000. (b) Medical benefits A covered uranium employee shall receive medical benefits under section 7384t of this title for the illness for which that employee received $100,000 under section 5 of that Act. (c) Coordination with RECA The compensation and benefits provided in subsections (a) and (b) are separate from any compensation or benefits provided under that Act. (d) Payment from compensation fund The compensation provided under this section and the compensation provided under section 5 of the Radiation Exposure Compensation Act, when authorized or approved by the President, shall be paid from the compensation fund estab- lished under section 7384e of this title. (e) Payments in the case of deceased persons (1) In the case of a covered employee who is deceased at the time of payment of compensa- tion under this section, whether or not the death is the result of the covered employee’s oc- cupational illness, such payment may be made only as follows: (A) If the covered employee is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to all children of the cov- ered employee who are living at the time of payment. (C) If there is no surviving spouse described in subparagraph (A) and if there are no chil- dren described in subparagraph (B), such pay- ment shall be made in equal shares to the par- ents of the covered employee who are living at the time of payment. (D) If there is no surviving spouse described in subparagraph (A), and if there are no chil- dren described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grand- children of the covered employee who are liv- ing at the time of payment. (E) If there is no surviving spouse described in subparagraph (A), and if there are no chil- dren described in subparagraph (B), parents described in subparagraph (C), or grand- children described in subparagraph (D), then such payment shall be made in equal shares to the grandparents of the covered employee who are living at the time of payment. (F) Notwithstanding the other provisions of this paragraph, if there is— (i) a surviving spouse described in subpara- graph (A); and (ii) at least one child of the covered em- ployee who is living and a minor at the time of payment and who is not a recognized nat- ural child or adopted child of such surviving spouse, then half of such payment shall be made to such surviving spouse, and the other half of such payment shall be made in equal shares to each child of the covered employee who is liv- ing and a minor at the time of payment. (2) If a covered employee eligible for payment dies before filing a claim under this subchapter, a survivor of that employee who may receive payment under paragraph (1) may file a claim for such payment. (3) For purposes of this subsection— (A) the ‘‘spouse’’ of an individual is a wife or husband of that individual who was married to that individual for at least one year imme- diately before the death of that individual; (B) a ‘‘child’’ includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, and an adopted child; (C) a ‘‘parent’’ includes fathers and mothers through adoption; (D) a ‘‘grandchild’’ of an individual is a child of a child of that individual; and (E) a ‘‘grandparent’’ of an individual is a parent of a parent of that individual. (f) Procedures required The President shall establish procedures to identify and notify each covered uranium em- ployee, or the survivor of that covered uranium employee if that employee is deceased, of the availability of compensation and benefits under this section. (g) Effective date This section shall take effect on July 31, 2001, unless Congress otherwise provides in an Act en- acted before that date. (Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3630], Oct. 30, 2000, 114 Stat. 1654, 1654A–507; Pub. L. 107–107, div. C, title XXXI, § 3151(a)(4)(B), Dec. 28, 2001, 115 Stat. 1373; Pub. L. 108–375, div. C, title XXXI, § 3165(a), Oct. 28, 2004, 118 Stat. 2187.) Editorial Notes REFERENCES IN TEXT The Radiation Exposure Compensation Act, referred to in subsecs. (a) to (d), is Pub. L. 101–426, Oct. 15, 1990, 104 Stat. 920, which is set out as a note under section 2210 of this title. AMENDMENTS 2004—Subsec. (d). Pub. L. 108–375 inserted ‘‘and the compensation provided under section 5 of the Radiation Exposure Compensation Act’’ after ‘‘The compensation provided under this section’’. 2001—Subsec. (e). Pub. L. 107–107 amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: ‘‘(1) Subject to the provisions of this section, if a cov- ered uranium employee dies before the effective date specified in subsection (g) of this section, whether or