42 USC 300mm - Establishment of World Trade Center Health Program

U.S Code last checked for updates: May 17, 2024

§ 300mm.

Establishment of World Trade Center Health Program

(a)

In general

There is hereby established within the Department of Health and Human Services a program to be known as the World Trade Center Health Program, which shall be administered by the WTC Program Administrator, to provide beginning on July 1, 2011—

(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.

(b)

Components of program

The WTC Program includes the following components:

(1)

Medical monitoring for responders

(2)

Initial health evaluation for survivors

(3)

Followup monitoring and treatment for WTC-related health conditions for responders and survivors

(4)

Outreach

(5)

Clinical data collection and analysis

(6)

Research on health conditions

(c)

No cost sharing

(d)

Preventing fraud and unreasonable administrative costs

(1)

Fraud

(2)

Unreasonable administrative costs

(e)

Quality assurance

The WTC Program Administrator working with the Clinical Centers of Excellence shall develop and implement a quality assurance program for the monitoring and treatment delivered by such Centers of Excellence and any other participating health care providers. Such program shall include—

(1)

adherence to monitoring and treatment protocols;

(2)

appropriate diagnostic and treatment referrals for participants;

(3)

prompt communication of test results to participants; and

(4)

such other elements as the Administrator specifies in consultation with the Clinical Centers of Excellence.

(f)

Annual program report

(1)

In general

(2)

Contents included in report

Each annual report under paragraph (1) shall include at least the following:

(A)

Eligible individuals

Information for each clinical program described in paragraph (3)—

(i)

on the number of individuals who applied for certification under part B and the number of such individuals who were so certified;

(ii)

of the individuals who were certified, on the number who received monitoring under the program and the number of such individuals who received medical treatment under the program;

(iii)

with respect to individuals so certified who received such treatment, on the WTC-related health conditions for which they were treated; and

(iv)

on the projected number of individuals who will be certified under part B in the succeeding fiscal year and the succeeding 10-year period.

(B)

Monitoring, initial health evaluation, and treatment costs

For each clinical program so described—

(i)

information on the costs of monitoring and initial health evaluation and the costs of treatment and on the estimated costs of such monitoring, evaluation, and treatment in the succeeding fiscal year; and

(ii)

an estimate of the cost of medical treatment for WTC-related health conditions that have been paid for or reimbursed by workers’ compensation, by public or private health plans, or by New York City under section 300mm–41 of this title.

(C)

Administrative costs

(D)

Administrative experience

Information on the administrative performance of the program, including—

(i)

the performance of the program in providing timely evaluation of and treatment to eligible individuals; and

(ii)

a list of the Clinical Centers of Excellence and other providers that are participating in the program.

(E)

Scientific reports

(F)

Advisory Committee recommendations

(3)

Separate clinical programs described

In paragraph (2), each of the following shall be treated as a separate clinical program of the WTC Program:

(A)

Firefighters and related personnel

(B)

Other WTC responders

(C)

WTC survivors

(g)

Notification to Congress upon reaching 80 percent of eligibility numerical limits

The Secretary shall promptly notify the Congress of each of the following:

(1)

When the number of enrollments of WTC responders subject to the limit established under section 300mm–21(a)(4) of this title has reached 80 percent of such limit.

(2)

When the number of certifications for certified-eligible WTC survivors subject to the limit established under section 300mm–31(a)(3) of this title has reached 80 percent of such limit.

(h)

Consultation

(i)

GAO studies

(1)

Report

Not later than 18 months after December 18, 2015, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that assesses, with respect to the WTC Program, the effectiveness of each of the following:

(A)

The quality assurance program developed and implemented under subsection (e).

(B)

The procedures for providing certifications of coverage of conditions as WTC-related health conditions for enrolled WTC responders under section 300mm–22(b)(2)(B)(iii) of this title and for screening-eligible WTC survivors and certified-eligible WTC survivors under such section as applied under section 300mm–32(a) of this title.

(C)

Any action under the WTC Program to ensure appropriate payment (including the avoidance of improper payments), including determining the extent to which individuals enrolled in the WTC Program are eligible for workers compensation or sources of health coverage, ascertaining the liability of such compensation or sources of health coverage, and making recommendations for ensuring effective and efficient coordination of benefits for individuals enrolled in the WTC Program that does not place an undue burden on such individuals.

(2)

Subsequent assessments

Not later than 6 years and 6 months after December 18, 2015, and every 5 years thereafter through fiscal year 2042, the Comptroller General of the United States shall—

(A)

consult the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the objectives in assessing the WTC Program; and

(B)

prepare and submit to such Committees a report that assesses the WTC Program for the applicable reporting period, including the objectives described in subparagraph (A).

(j)

Regulations

(k)

Termination

(July 1, 1944, ch. 373, title XXXIII, § 3301, as added Pub. L. 111–347, title I, § 101, Jan. 2, 2011, 124 Stat. 3624; amended Pub. L. 114–113, div. O, title III, § 302(b), Dec. 18, 2015, 129 Stat. 2998; Pub. L. 117–328, div. FF, title VII, § 7702(c), Dec. 29, 2022, 136 Stat. 5967.)

cite as: 42 USC 300mm