Title I—World Trade Center Health Program

Title I of H.R. 847 creates a mandatory World Trade Center Health Program (WTC program) within the National Institute for Occupational Safety and Health (NIOSH). The WTC program will provide: (1) medical monitoring and treatment benefits to eligible emergency responders and recovery and cleanup workers who responded to the World Trade Center terrorist attacks on September 11, 2001, and (2) initial health evaluation, monitoring, and treatment benefits to residents and other building occupants and area workers who were directly impacted and adversely affected by such attacks.

The funding would be a new entitlement over the next 10 years for 90 percent of the costs of operating the new program. The remaining 10 percent of the costs of the program would be the responsibility of New York City for fiscal years 2011 to 2018. Then for fiscal years 2019 and 2020, New York City is responsible for only 1/9^th  of the cost.  The federal government’s contribution would be capped at the lower of 90 percent of the costs or a specified amount each fiscal year beginning in FY2011 and ending in FY2020. Over this 10-year period, federal spending could not exceed $3.35 billion. No federal funds would be available for the program after FY2020.

In addition, Title I authorizes the WTC program administrator to: (1) implement a quality assurance program, (2) establish the WTC Health Program Scientific/Technical Advisory Committee, (3) establish the WTC Responders Steering Committee and the WTC Community Program Steering Committee, (4) provide for education and outreach on services under the WTC program, (5) collect data related to WTC-related health conditions, (6) conduct research on physical and mental health conditions that may be related to the September 11 terrorist attacks, (7) extend and expand arrangements with the New York City Department of Health and Mental Hygiene to provide for the World Trade Center Health Registry, and (8) modify payment amounts to providers to improve quality and efficient delivery of services.  To ensure accountability, the bill directs the Inspector General of HHS to review the program’s expenditures to detect fraudulent or duplicate billing, payment for inappropriate services, or unreasonable administrative costs.

H.R. 847 prohibits the disbursement of any federal funds for the program unless New York City has entered into an enforceable contract with the WTC Program Administrator, in which it agrees to pay its share of program costs on a timely basis.  Payment may not be made for treatment services unless they are medically necessary as determined under regulations issued by the WTC Program Administrator. In addition, treatment services must be consistent with protocols developed by the Data Centers and approved by the Administrator. Monitoring services must also be consistent with protocols approved by the Administrator in order to qualify for payment.

H.R. 847 aims to strengthen the federal government’s commitment to uniform data collection through Data Centers designated by the Program Administrator, epidemiological surveillance through the WTC Registry, and ongoing research into health conditions that may be related to exposures to the toxic dust at the World Trade Center site.

In addition, Title I of H.R. 847 would establish formal eligibility requirements based on a person’s activities after September 11, 2001, and current health conditions. Health benefits would be provided by a national network of providers, and the program would be administered by the Department of Health and Human Services (HHS).

Title II—Victims Compensation Fund

Title II of H.R. 847 amends the Air Transportation Safety and System Stabilization Act: (1) to reopen the September 11 Victim Compensation Fund of 2001 (VCF) to provide monetary compensation to eligible individuals as a result of debris removal and (2) to extend the deadline for making a claim for compensation, and (3) extends the life of the VCF for 21 years.

H.R. 847 would establish broader eligibility rules for compensation than those established for the VCF under the Air Transportation Safety and System Stabilization Act.  Under H.R. 847, total payments would be capped at $8.4 billion through 2032.  Changes in eligibility include:  (1) time present at site, (2) expansion of the geographic definition related to the location of the attacks, (3) an extended claims filing timeline, and (4) ability to be compensated by the VCF even if the claimant has already been compensated by the taxpayer-funded WTC Captive Insurance Company.  

Title I—World Trade Center Health Program

Title I of H.R. 847 creates a mandatory World Trade Center Health Program (WTC program) within the National Institute for Occupational Safety and Health (NIOSH). The WTC program will provide: (1) medical monitoring and treatment benefits to eligible emergency responders and recovery and cleanup workers who responded to the World Trade Center terrorist attacks on September 11, 2001, and (2) initial health evaluation, monitoring, and treatment benefits to residents and other building occupants and area workers who were directly impacted and adversely affected by such attacks.

The funding would be a new entitlement over the next 10 years for 90 percent of the costs of operating the new program. The remaining 10 percent of the costs of the program would be the responsibility of New York City for fiscal years 2011 to 2018. Then for fiscal years 2019 and 2020, New York City is responsible for only 1/9^th  of the cost.  The federal government’s contribution would be capped at the lower of 90 percent of the costs or a specified amount each fiscal year beginning in FY2011 and ending in FY2020. Over this 10-year period, federal spending could not exceed $3.35 billion. No federal funds would be available for the program after FY2020.

In addition, Title I authorizes the WTC program administrator to: (1) implement a quality assurance program, (2) establish the WTC Health Program Scientific/Technical Advisory Committee, (3) establish the WTC Responders Steering Committee and the WTC Community Program Steering Committee, (4) provide for education and outreach on services under the WTC program, (5) collect data related to WTC-related health conditions, (6) conduct research on physical and mental health conditions that may be related to the September 11 terrorist attacks, (7) extend and expand arrangements with the New York City Department of Health and Mental Hygiene to provide for the World Trade Center Health Registry, and (8) modify payment amounts to providers to improve quality and efficient delivery of services.  To ensure accountability, the bill directs the Inspector General of HHS to review the program’s expenditures to detect fraudulent or duplicate billing, payment for inappropriate services, or unreasonable administrative costs.

H.R. 847 prohibits the disbursement of any federal funds for the program unless New York City has entered into an enforceable contract with the WTC Program Administrator, in which it agrees to pay its share of program costs on a timely basis.  Payment may not be made for treatment services unless they are medically necessary as determined under regulations issued by the WTC Program Administrator. In addition, treatment services must be consistent with protocols developed by the Data Centers and approved by the Administrator. Monitoring services must also be consistent with protocols approved by the Administrator in order to qualify for payment.

H.R. 847 aims to strengthen the federal government’s commitment to uniform data collection through Data Centers designated by the Program Administrator, epidemiological surveillance through the WTC Registry, and ongoing research into health conditions that may be related to exposures to the toxic dust at the World Trade Center site.

In addition, Title I of H.R. 847 would establish formal eligibility requirements based on a person’s activities after September 11, 2001, and current health conditions. Health benefits would be provided by a national network of providers, and the program would be administered by the Department of Health and Human Services (HHS).

Title II—Victims Compensation Fund

Title II of H.R. 847 amends the Air Transportation Safety and System Stabilization Act: (1) to reopen the September 11 Victim Compensation Fund of 2001 (VCF) to provide monetary compensation to eligible individuals as a result of debris removal and (2) to extend the deadline for making a claim for compensation, and (3) extends the life of the VCF for 21 years.

H.R. 847 would establish broader eligibility rules for compensation than those established for the VCF under the Air Transportation Safety and System Stabilization Act.  Under H.R. 847, total payments would be capped at $8.4 billion through 2032.  Changes in eligibility include:  (1) time present at site, (2) expansion of the geographic definition related to the location of the attacks, (3) an extended claims filing timeline, and (4) ability to be compensated by the VCF even if the claimant has already been compensated by the taxpayer-funded WTC Captive Insurance Company.