View all text of Part C [§ 239 - § 239h]
§ 239a. Determination of eligibility and benefits
(a) In general
The Secretary shall establish procedures for determining, as applicable with respect to an individual—
(1) whether the individual is an eligible individual;
(2) whether an eligible individual has sustained a covered injury or injuries for which medical benefits or compensation may be available under sections 239c and 239d of this title, and the amount of such benefits or compensation; and
(3) whether the covered injury or injuries of an eligible individual caused the individual’s death for purposes of benefits under section 239e of this title.
(b) Covered individuals
(c) Criteria for reimbursement
(1) Injuries specified in injury table
(2) Other determinations
(d) Deadline for filing request
The Secretary shall not consider any request for a benefit under this part with respect to an individual, unless—
(1) in the case of a request based on the administration of the vaccine to the individual, the individual files with the Secretary an initial request for benefits or compensation under this part not later than one year after the date of administration of the vaccine; or
(2) in the case of a request based on accidental vaccinia inoculation, the individual files with the Secretary an initial request for benefits or compensation under this part not later than two years after the date of the first symptom or manifestation of onset of the adverse effect.
(e) Structured settlements at Secretary’s option
(f) Review of determination
(1) Secretary’s review authority
(2) Judicial and administrative review
(July 1, 1944, ch. 373, title II, § 262, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 640.)