Page:United States Statutes at Large Volume 100 Part 5.djvu/295

 PUBLIC LAW 99-660—NOV. 14, 1986

100 STAT. 3769

gram, and elected under section 2111(a)(4) to withdraw such action and to file a petition for compensation under the Program, the judgment of the court on such petition may include an amount limited to the costs and expenses incurred by the petitioner and the attorney of the petitioner before the effective date of this subtitle in preparing, filing, and prosecuting such civil action (including the reasonable value of the attorney's time if the civil action was filed under contingent fee arrangements). "(3) No attorney may charge any fee for services in connection with a petition filed under section 2111 which is in addition to any amount included under paragraph (1) in a judgment on such petition. "(f) PAYMENT OF COMPENSATION.—

"(1) Except as provided in paragraph (2), no compensation may be paid until an election has been made, or has been deemed to have been made, under section 2121(a) to receive compensation. "(2) Compensation described in subsection (a)(l)(A)(iii) shall be paid from the date of the judgment of the district court of the United States under section 2112 awarding the compensation. Such compensation may not be paid after an election under • section 2121(b) to file a civil action for damages for the vaccinerelated injury or death for which such compensation was r-jit awarded. "(3) Payments of compensation shall be exempt from reduction under any order issued under part C of the Balanced Budget and Emergency Deficit Control Act of 1985. 2 USC 901 et seq. "(f) PROGRAM NOT PRIMARILY LIABLE.—Payment of compensation under the Program shall not be made for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program, or (2) by an entity which provides health services on a prepaid basis. j • *:^ "(g) LIABILITY OF HEALTH INSURANCE CARRIERS, PREPAID HEALTH PLANS, AND BENEFIT PROVIDERS.—No policy of health insurance may

make payment of benefits under the policy secondary to the payment of compensation under the Program and— "(1) no State, and "(2) no entity which provides health services on a prepaid basis or provides health benefits, may make the provision of health services or health benefits secondary to the payment of compensation under the Program.

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"LIMITATIONS OF ACTIONS

2116. (a) GENERAL RULE.—In the case of— 42 USC "(1) a vaccine set forth in the Vaccine Injury Table which is 300aa-l6. "^ administered before the effective date of this title, if a vaccinerelated injury or death occurred as a result of the administration of such vaccine, no petition may be filed for compensation under the Program for such injury or death after the expiration > of 24 months after the effective date of this title, "(2) a vaccine set forth in the Vaccine Injury Table which is administered after the effective date of this title, if a vaccinerelated injury occurred as a result of the administration of such "SEC.

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