[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR79.16]

[Page 339-340]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 79--CLAIMS UNDER THE RADIATION EXPOSURE COMPENSATION ACT--Table of Contents
 
     Subpart B--Eligibility Criteria for Claims Relating to Leukemia
 
Sec. 79.16  Proof of medical condition.

    (a) Medical documentation is required in all cases to prove that the 
claimant suffered from or suffers from leukemia. Proof that the claimant 
contracted leukemia must be made either by using the procedure outlined 
in

[[Page 340]]

paragraph (b) of this section or submitting the documentation required 
in paragraph (c) of this section.
    (b) If a claimant was diagnosed as having leukemia in one of the 
States of Arizona, Colorado, Nevada, New Mexico, Utah or Wyoming, the 
claimant or eligible surviving beneficiary need not submit any medical 
documentation of disease at the time the claim is filed (although 
medical documentation may subsequently be required). Instead, the 
claimant or eligible surviving beneficiary must submit with the claim an 
Authorization To Release Medical and Other Information, valid in the 
state of diagnosis, that authorizes the Program to contact the 
appropriate state cancer or tumor registry. The Program will accept as 
proof of medical condition verification from the state cancer or tumor 
registry that it possesses medical records or abstracts of medical 
records of the claimant that contain a verified diagnosis of one type of 
leukemia. If the designated state does not possess medical records or 
abstracts of medical records that contain a verified diagnosis of 
leukemia, the Radiation Exposure Compensation Program will notify the 
claimant or eligible surviving beneficiary and afford that individual 
the opportunity to submit the medical documentation required in 
paragraph (c) of this section, in accordance with the provisions of 
Sec. 79.72(b).
    (c)(1) Proof that the claimant contracted leukemia may be made by 
the submission of one or more of the following contemporaneous medical 
records provided that the specified document contains an explicit 
statement of diagnosis or such other information or data from which 
appropriate authorities at the National Cancer Institute can make a 
diagnosis of leukemia to a reasonable degree of medical certainty:
    (i) Bone marrow biopsy or aspirate report;
    (ii) Peripheral white blood cell differential count report;
    (iii) Autopsy report;
    (iv) Hospital discharge summary;
    (v) Physician summary;
    (vi) History and physical report; or
    (vii) Death certificate, provided that it is signed by a physician 
at the time of death.
    (2) If the medical record submitted does not contain sufficient 
information or data to make such a diagnosis, the Program will notify 
the claimant or eligible surviving beneficiary and afford that 
individual the opportunity to submit additional medical records 
identified in this paragraph, in accordance with the provisions of 
Sec. 79.72(b). Any such additional medical documentation submitted must 
also contain sufficient information from which appropriate authorities 
at the National Cancer Institute can determine the type of leukemia 
contracted by the claimant.