---
kind: "section"
citation: "42 C.F.R. § 110.80"
title: "42"
number: "110.80"
heading: "Calculation of medical benefits."
url: "https://uscodex.org/cfr/42/110.80"
---

# §110.80. Calculation of medical benefits.


In calculating medical benefits, the Secretary will take into consideration all reasonable costs for reasonable and necessary medical items and services to diagnose or treat a countermeasure recipient's covered injury, or to diagnose, treat, or prevent its health complications, as described in [§ 110.31](/cfr/42/110.31.md). The Secretary will consider and may rely upon benefits documentation submitted by the requester (e.g., bills, Explanation of Benefits, and cost-related documentation to support the expenses relating to the covered injury or its health complications), as required by [§ 110.60](/cfr/42/110.60.md). The Secretary will make such payments only to the extent that such costs were not, and will not be, paid by any third-party payer and only if no third-party payer had or has an obligation to pay for or provide such services or items to the requester, except as provided in §§ [110.83(c)](/cfr/42/110.83.md?p=c) and [110.84](/cfr/42/110.84.md). There are no caps on the benefits for reasonable and necessary medical expenses that may be provided under the Program.


## Notes

### Authority

Authority: 42 U.S.C. 247d-6e.

### Source

Source: 75 FR 63675, Oct. 15, 2010, unless otherwise noted.