---
kind: "section"
citation: "42 U.S.C. § 239c"
title: "42"
title_heading: "The Public Health and Welfare"
number: "239c"
heading: "Medical benefits"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/239c"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter I — Administration and Miscellaneous Provisions"
  - "Part C — Smallpox Emergency Personnel Protection"
---

# §239c. Medical benefits

- (a) **In general—** Subject to the succeeding provisions of this section, the [Secretary](/usc/42/201.md?p=c) shall make payment or reimbursement for medical items and [services](/usc/42/201.md?p=a) as reasonable and necessary to treat a covered injury of an eligible individual, including the [services](/usc/42/201.md?p=a), appliances, and supplies prescribed or recommended by a qualified physician, which the [Secretary](/usc/42/201.md?p=c) considers likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of monthly compensation.
- (b) **Benefits secondary to other coverage—** Payment or reimbursement for [services](/usc/42/201.md?p=a) or benefits under [subsection (a)](#a) shall be secondary to any obligation of the United States or any third party (including any [State](/usc/42/201.md?p=f) or local governmental entity, private insurance carrier, or [employer](/usc/42/300gg–91.md?p=d-6)) under any other provision of law or contractual agreement, to pay for or provide such [services](/usc/42/201.md?p=a) or benefits.

## Source credit

(July 1, 1944, ch. 373, title II, § 264, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 641.)