Page:United States Statutes at Large Volume 100 Part 5.djvu/293

 PUBLIC LAW 99-660—NOV. 14, 1986

100 STAT. 3767

"(d) ROLE OF COMMISSION.—Except with respect to a regulation Regulations. recommended by the Advisory Commission on Childhood Vaccines, the Secretary may not propose a regulation under subsection (c) or any revision thereof, unless the Secretary has first provided to the Commission a copy of the proposed regulation or revision, requested recommendations and comments by the Commission, and afforded the Commission at least 90 days to make such recommendations. "(e) RECOMMENDATION.—The Secretary may recommend to Congress revisions of the table to change the vaccines covered by the table. "COMPENSATION "SEC. 2115. (a) GENERAL RULE.—Compensation awarded under the

42 USC

Program to a petitioner under section 2111 for a vaccine-related 300aa-15. injury or death associated with the administration of a vaccine after the effective date of this subtitle shall include the following: "(1)(A) Actual unreimbursable expenses incurred from the date of the judgment awarding such expenses and reasonable projected unreimbursable expenses which— "(i) result from the vaccine-related injury for which the petitioner seeks compensation, "(ii) have been or will be incurred by or on behalf of the person who suffered such injury, and "(iii)(I) have been or will be for diagnosis and medical or other remedial care determined to be reasonably necessary, or "(II) have been or will be for rehabilitation, developmental evaluation, special education, vocational training and placement, case management services, counseling, emotional or behavioral therapy, residential and custodial care and service expenses, special equipment, related travel expenses, and facilities determined to be reasonably necessary. The amount of unreimbursable expenses which may be recovered under this subparagraph shall be limited to the amount in excess of the amount set forth in section 2111(c)(l)(D)(ii). "(B) Subject to section 2116(a)(2), actual unreimbursable expenses incurred before the date of the judgment awarding such expenses which— "(i) resulted from the vaccine-related injury for which the petitioner seeks compensation, "(ii) were incurred by or on behalf of the person who suffered such injury, and "(iii) were for diagnosis, medical or other remedial care, rehabilitation, developmental evaluation, special education, vocational training and placement, case management services, counseling, emotional or behavioral therapy, residential and custodial care and service expenses, special equipment, related travel expenses, and facilities determined to be reasonably necessary. The amount of unreimbursable expenses which may be recovered under this subparagraph shall be limited to the amount in excess of the amount set forth in section 2111(c)(l)(D)(ii). "(2) In the event of a vaccine-related death, an award of $250,000 for the estate of the deceased. "(3)(A) In the case of any person who has sustained a vaccinerelated injury after attaining the age of 18 and whose earning

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