H.R.847 - James Zadroga 9/11 Health and Compensation Act of 2009

To amend the Public Health Service Act to extend and improve protections and services to individuals directly impacted by the terrorist attack in New York City on September 11, 2001, and for other purposes. view all titles (4)

All Bill Titles

  • Official: To amend the Public Health Service Act to extend and improve protections and services to individuals directly impacted by the terrorist attack in New York City on September 11, 2001, and for other purposes. as introduced.
  • Short: James Zadroga 9/11 Health and Compensation Act of 2009 as introduced.
  • Short: James Zadroga 9/11 Health and Compensation Act of 2010 as reported to house.
  • Short: James Zadroga 9/11 Health and Compensation Act of 2010 as passed house.

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Introduced
 
House
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Senate
Passed
 
President
Signs
 

 
02/03/09
 
09/29/10
 
12/21/10
 
 
 

Sponsor

Representative

Carolyn Maloney

D-NY

View Co-Sponsors (115)
 

Latest Vote

Result: Passed - December 22, 2010

Roll call number 664 in the House

Question: On Motion to Concur in the Senate Amendment: H R 847 James Zadroga 9/11 Health and Compensation Act

 

OpenCongress Summary

This bill is designed to improve health services and provide financial compensation for 9/11 first responders who were exposed to dangerous toxins and are now sick as a result. It would establish a federal program to provide medical monitoring and treatment for first responders, provide initial health screenings for people who were in the area at the time of the attack and may be at risk, and reopen the 9/11 Victim Compensation Fund to provide compensation for losses and harm as an alternative to the current litigation system.
OpenCongress bill summaries are written by OpenCongress editors and are entirely independent of Congress and the federal government. For the summary provided by Congress itself, via the Congressional Research Service, see the "Official Summary" below.

Official Summary

7/22/2010--Reported to House amended, Part II. James Zadroga 9/11 Health and Compensation Act of 2010 - Title I: World Trade Center Health Program - (Sec. 101) Amends the Public Health Service Act to establish the World Trade Center Health Program (WTC Program) within the National Institut

Official Summary

7/22/2010--Reported to House amended, Part II. James Zadroga 9/11 Health and Compensation Act of 2010 - Title I: World Trade Center Health Program -

(Sec. 101)

Amends the Public Health Service Act to establish the World Trade Center Health Program (WTC Program) within the National Institute for Occupational Safety and Health to provide:
(1) medical monitoring and treatment benefits to eligible emergency responders and recovery and cleanup workers (including those who are federal employees) who responded to the September 11, 2001, terrorist attacks; and
(2) initial health evaluation, monitoring, and treatment benefits to residents and other building occupants and area workers in New York City who were directly impacted and adversely affected by such attacks. Includes within the WTC Program:
(1) medical monitoring, including clinical examinations and long-term health monitoring and analysis for individuals who were likely to have been exposed to airborne toxins that were released, or to other hazards, as a result of the September 11, 2001, terrorist attacks;
(2) an initial health evaluation, including an evaluation to determine eligibility for followup monitoring and treatment;
(3) followup monitoring and treatment and payment for all medically necessary health and mental health care expenses of individuals with a WTC-related health condition, including necessary prescription drugs;
(4) establishment of an outreach program to potentially eligible individuals concerning the benefits under this Act;
(5) collection of health and mental health data on individuals receiving monitoring or treatment benefits, using a uniform system of data collection; and
(6) establishment of a research program on health conditions resulting from the terrorist attacks. Declares that monitoring and treatment benefits and initial health evaluation benefits are provided without any cost sharing to an eligible WTC responder or any other eligible WTC community member. Requires payment for such treatment to be reduced or recouped for work-related conditions to the extent that the Administrator determines the payment has been made or can reasonably be expected to be made under a workers compensation law or plan. Makes the WTC Program a secondary payor for individuals with a public or private health plan. Requires the WTC Program Administrator to:
(1) develop and implement a quality assurance program for the medical monitoring and treatment delivered by Clinical Centers of Excellence and other participating health care providers;
(2) develop and implement a program to review the Program's health care expenditures to detect fraudulent or duplicate billing payment for inappropriate services; and
(3) submit an annual report to Congress on the operations of this Act for the fiscal year and for the entire period of operation of the program. Requires the WTC Program to be administered by the Director of the National Institute for Occupational Safety and Health or a designee of such Director. Directs the Secretary to notify Congress when enrollments in the WTC Program reach a specified threshold. Requires the Comptroller General to report to Congress on the cost of the monitoring and treatment programs provided under this Act. Authorizes the City of New York to make recommendations to the WTC Program Administrator on ways to improve the monitoring and treatment programs under this Act for both eligible WTC responders and eligible WTC community members. Directs the WTC Program Administrator to establish:
(1) the WTC Health Program Scientific/Technical Advisory Committee to review scientific and medical evidence and to make recommendations to the Administrator on additional WTC Program eligibility criteria and on additional WTC-related health conditions; and
(2) the WTC Responders Steering Committee and the WTC Community Program Steering Committee. Requires the WTC Program Administrator to:
(1) institute an education and outreach program on the existence and availability of services under the WTC Program; and
(2) provide for the uniform collection and analysis of data on the utilization of monitoring and treatment benefits provided to eligible WTC responders and eligible WTC community members, the prevalence of WTC-related health conditions, and the identification of new WTC-related health conditions. Requires such data to be collected for all individuals provided monitoring or treatment benefits under this Act. Requires the Administrator to enter into contracts with Clinical Centers of Excellence to provide:
(1) monitoring and treatment benefits and initial health evaluation benefits;
(2) outreach activities to individuals eligible for such benefits and for follow-up to individuals who are enrolled in the monitoring program;
(3) benefits counseling with respect to WTC-related health conditions for eligible individuals;
(4) benefits counseling with respect to WTC-related health conditions that may be available under workers' compensation or other benefits programs for work-related injuries or illnesses, health insurance, disability insurance, or other insurance plans or through public or private social service agencies;
(5) translational and interpretive services for program participants who are not English language proficient; and
(6) data collection and reporting. Requires the Administrator to enter into contracts with Coordinating Centers of Excellence to:
(1) receive, analyze, and report to the Administrator on data collected and reported by Clinical Centers of Excellence;
(2) develop medical monitoring, initial health evaluation, and treatment protocols;
(3) coordinate outreach activities;
(4) establish criteria for the credentialing of medical providers participating in the nationwide network of providers;
(5) coordinate and administer the activities of the WTC Health Program Steering Committees; and
(6) meet periodically with the corresponding Clinical Centers of Excellence to obtain input on the analysis and reporting of data collected and on the development of protocols. Requires New York City to contribute its required matching funds for monitoring and treatment to qualify for a contract for the provision of such benefits. Limits the maximum amount of such matching requirement. Sets forth provisions defining "Clinical Center of Excellence" and "Coordinating Center of Excellence" and establishing reimbursement rules for such Centers. Declares that the provisions of this Act constitute budget authority in advance of appropriations and represent the obligations of the federal government to provide for the payment for such provisions of this Act. Defines and sets forth eligibility requirements for WTC Responders. Establishes a limitation on the number of eligible WTC responders who may be enrolled in the WTC Program. Requires the WTC Program to provide monitoring benefits for eligible WTC responders, including long-term health monitoring and analysis. Sets forth provisions governing the treatment of WTC responders for WTC-related health conditions. Defines "WTC-related health condition" and lists such health conditions for WTC-responders. Establishes standards for determining whether the terrorist attacks are responsible for a particular health condition. Establishes:
(1) a process for determinations as to whether to include additional health conditions on the list of WTC-related health conditions; and
(2) a certification process for determinations that an eligible WTC responder has a WTC-related health condition. Directs the Administrator to:
(1) reimburse costs for medically necessary treatment for WTC-related health conditions;
(2) establish a program for paying for the medically necessary outpatient prescription pharmaceuticals prescribed for such conditions; and
(3) reimburse the costs of monitoring and the costs of an initial health evaluation. Requires the Coordinating Centers of Excellence to develop medical treatment protocols for the treatment of certified-eligible WTC responders and certified-eligible WTC community members for identified WTC-related health conditions. Requires the WTC Program Administrator to approve such protocols. Defines "eligible WTC community member" and establishes eligibility criteria for such individuals. Limits the total number of individuals who may be certified as eligible WTC community members. Requires the WTC Program to provide for an initial health evaluation to determine if a certified eligible WTC community member has a WTC-related health condition and is eligible for followup monitoring and treatment benefits under the WTC Program. Lists WTC-related health conditions for WTC community members. Allows followup monitoring and treatment for individuals not otherwise qualified who have been diagnosed with a WTC-related health condition. Limits the amount of benefits that may be provided to all such individuals for any fiscal year. Requires the WTC Program Administrator to establish a nationwide network of health care providers to provide monitoring and treatment benefits and initial health evaluations to ensure reasonable access to benefits for individuals who are enrolled WTC responders, screening-eligible WTC survivors, or certified-eligible WTC survivors who reside in a state outside the New York metropolitan area. Requires the WTC Program Administrator to conduct or support:
(1) research on physical and mental health conditions that may be related to the terrorist attacks;
(2) research on diagnosing WTC-related health conditions in the case of conditions for which there has been diagnostic uncertainty; and
(3) research on treating such conditions of such individuals in the case of conditions for which there has been treatment uncertainty. Requires the Administrator to extend and expand the World Trade Center Health Registry. Authorizes the WTC Program Administrator to make grants to the New York City Department of Health and Mental Hygiene to provide mental health services to address mental health needs related to the September 11, 2001, terrorist attacks on the World Trade Center. Title II : September 11th Victim Compensation Fund of 2001 -

(Sec. 201)

Amends the Air Transportation Safety and System Stabilization Act to:
(1) make individuals eligible for compensation under the September 11 Victim Compensation Fund of 2001 for harm as a result of debris removal;
(2) extend the deadline for making a claim for compensation for physical harm not discovered before the deadline;
(3) cap liability for claims related to debris removal based on the level of insurance available;
(4) limit the total payment for compensation for claims filed on or after the regulations are updated pursuant to this Act; and
(5) cap the amount that an individual may charge in connection with a claim under such Act, with exceptions.

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Organizations Supporting H.R.847

  • National Association of Counties
  • American Federation of State, County and Municipal Employees
  • International Association of Fire Fighters
  • Plaza Construction Corporation
  • Bovis Lend Lease
  • Tully Construction
  • ...and 5 more. See all.

Organizations Opposing H.R.847

  • Americans for Tax Reform
  • US Chamber of Commerce


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