US HB847 | 2009-2010 | 111th Congress
Status
Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 101-16-1)
Status: Passed on January 2 2011 - 100% progression
Action: 2011-01-02 - Became Public Law No: 111-347.
Text: Latest bill text (Enrolled) [PDF]
Spectrum: Moderate Partisan Bill (Democrat 101-16-1)
Status: Passed on January 2 2011 - 100% progression
Action: 2011-01-02 - Became Public Law No: 111-347.
Text: Latest bill text (Enrolled) [PDF]
Summary
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 Department of Health and Human Services (HHS) 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 enrolled WTC responders 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) initial health evaluation, including an evaluation to determine eligibility for follow-up monitoring and treatment; (3) follow-up monitoring and treatment and payment for all medically necessary health and mental health care expenses of an individual with respect to a WTC-related health condition, including necessary prescription drugs; (4) establishment of an education and outreach program to potentially eligible individuals concerning the benefits under this Act; (5) collection and analysis of health and mental health data relating to individuals receiving monitoring or treatment benefits in a uniform manner in collaboration with the collection of epidemiological data; and (6) establishment of a research program on health conditions resulting from the terrorist attacks. Provides monitoring and treatment benefits and initial health evaluation benefits without any cost sharing to an enrolled WTC responder or certified-eligible WTC survivor and provides initial health evaluation benefits without any cost sharing to a screening-eligible WTC survivor. Requires the Inspector General of HHS to develop and implement a program to review: (1) the WTC Program's health care expenditures to detect fraudulent or duplicate billing and payment for inappropriate services; and (2) the WTC Program for unreasonable administrative costs, including with respect to infrastructure, administration, and claims processing. Requires the WTC Program Administrator to: (1) develop and implement a quality assurance program for the monitoring and treatment delivered by Clinical Centers of Excellence and other participating health care providers; (2) 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 WTC Program; and (3) engage in outreach and consultation with relevant stakeholders regarding the implementation and improvement of programs under this Act. Requires the Secretary to notify Congress when enrollments in the WTC Program reach a specified threshold. Directs the WTC Program Administrator to: (1) establish 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) consult with the WTC Responders Steering Committee and the WTC Survivors 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 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 monitoring and treatment benefits, for initial health evaluations benefits, and for follow-up to individuals who are enrolled in the monitoring program; (3) counseling for benefits, with respect to WTC-related health conditions for eligible individuals; (4) counseling for benefits for 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, including claims data. Requires the Administrator to enter into contracts with qualified data centers to: (1) receive, analyze, and report to the Administrator on data that have been collected and reported by Clinical Centers of Excellence; (2) develop 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. Directs the Comptroller General to submit to the relevant congressional committees a report on the feasibility of consolidating data centers into a single data center. Sets forth requirements for Clinical Centers of Excellence, including that such Centers have experience in caring for WTC responders and screening-eligible WTC survivors or have health care providers who have been trained for such care. Requires the Administrator to reimburse a Clinical Center of Excellence for the fixed infrastructure costs of carrying out activities under this Act. Prohibits the Secretary from designating the Director of the National Institute for Occupational Safety and Health or a designee of such Director as the Administrator with respect to payment for initial health evaluation, monitoring, and treatment. 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. Disqualifies any individual on the terrorist watch list from eligibility as a WTC Responder. Requires the WTC Program to provide monitoring benefits for enrolled 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. Requires the Administrator to conduct a periodic review of all available scientific and medical evidence to determine if cancer or a certain type of cancer should be added to the applicable list of WTC-related health conditions. 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 enrolled WTC responder has a WTC-related health condition or a condition medically associated with a WTC-related health condition. Directs the Administrator to: (1) reimburse costs for medically necessary treatment for WTC-related health conditions but not at a rate higher than the Office of Worker's Compensation Programs in the Department of Labor would pay; (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 Data Centers to develop medical treatment protocols for the treatment of enrolled WTC responders and certified-eligible WTC survivors for health conditions included in the applicable list of WTC-related health conditions. Provides that such protocols are subject to approval by the Administrator. 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. Authorizes the Administrator to enter into an agreement for the provision of services through the facilities of the Department of Veteran Affairs (VA). Directs the Comptroller General to report to specified congressional committees on whether the VA can provide monitoring and treatment services to individuals more efficiently and effectively than the nationwide network of providers established under this Act. Defines "screening-eligible WTC survivor" and establishes eligibility criteria for such survivors. Limits the total number of individuals who may be certified-eligible WTC survivors. Disqualifies any individual on the terrorist watch list from eligibility as a survivor. Requires the WTC Program to provide for an initial health evaluation to determine if a screening-eligible WTC survivor has a WTC-related health conditions and is eligible for follow-up monitoring and treatment benefits under the WTC Program. Lists WTC-related health conditions for certified-eligible WTC survivors. Allows follow-up 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 cost of monitoring and treatment benefits and initial health evaluation benefits to be paid for by the WTC Program from the World Trade Center Health Program Fund. 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. Prohibits payment for monitoring and treatment for individuals who fail to maintain minimum essential coverage, as required. Requires New York City to pay 10% of the costs for the WTC Program through FY2015 and one-ninth of the federal expenditures for FY2016. 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 ensure that a registry of victims of the terrorist attacks is maintained. Establishes the World Trade Center Health Program Fund, with funding for the last calendar quarter of FY2011 and for FY2012-FY2015 and additional funding for FY2016 equal to unexpended amounts for previous fiscal years. Sets forth provisions regarding the allocation of such Fund. Title II : September 11th Victim Compensation Fund of 2001 - (Sec. 201) Amends the Air Transportation Safety and System Stabilization Act to revise provisions related to the September 11 Victim Compensation Fund of 2001. Makes individuals eligible for compensation under the Compensation Fund for harm as a result of debris removal. Extends the deadline for making a claim for compensation for physical harm not discovered before the original deadline. (Sec. 204) Caps liability for claims related to debris removal based on the level of insurance available. Allows compensation for claims to be reduced as necessary if insufficient funds are available to pay all claims. Prohibits any declaratory judgment or direct action from being commenced until available funds have been exhausted. (Sec. 205) Terminates the Compensation Fund upon completion of all payments. Authorizes the Special Master to lower attorney fees if the fee limit provides excessive compensation for services rendered. Title III: Revenue Related Provisions - (Sec. 301) Amends the Internal Revenue Code to impose on any foreign person a tax equal to 2% of the amount of any payment received pursuant to a contract with the U.S. government for the provision of goods or services, if such goods are manufactured or produced or such services are provided in any country that is not a party to an international procurement agreement with the United States. Requires the head of each executive agency to take measures necessary to ensure that no funds are disbursed to any foreign contractor in order to reimburse the tax imposed under this title. Title IV: Budgetary Effects - (Sec. 401) Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.
Title
James Zadroga 9/11 Health and Compensation Act of 2010
Sponsors
History
| Date | Chamber | Action |
|---|---|---|
| 2011-01-02 | Became Public Law No: 111-347. | |
| 2011-01-02 | Signed by President. | |
| 2010-12-23 | Presented to President. | |
| 2010-12-22 | Cleared for White House. | |
| 2010-12-22 | Motion to reconsider laid on the table Agreed to without objection. | |
| 2010-12-22 | On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 206 - 60 (Roll no. 664). (text as House agreed to Senate amendment: CR H8947-8958) | |
| 2010-12-22 | The previous question was ordered pursuant to a previous special order. (consideration: CR H8965) | |
| 2010-12-22 | DEBATE - The House proceeded further with debate on agreeing to the Senate amendment to H.R. 847. | |
| 2010-12-22 | DEBATE - The House proceeded with 30 minutes of debate on agreeing to the Senate amendment to H.R. 847. | |
| 2010-12-22 | Pursuant to a previous special order the House moved to agree to the Senate amendment. (consideration: CR H8947-8966) | |
| 2010-12-22 | ORDER OF PROCEDURE - Mr. Arcuri asked unanimous consent that it be in order at any time to take from the Speaker's table the bill H.R. 847, with the Senate amendment thereto, and to consider in the House, without intervention of any point of order except those arising under clause 10 or rule 21, a motion offered by the chair of the Committee on Energy and Commerce or his designee that the House concur in the Senate amendment; that the Senate amendment be considered as read; that the motion be debatable for 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce and; that the previous question be considered as ordered on the motion to final adoption with intervening motion. Agree to without objection. | |
| 2010-12-22 | Message on Senate action sent to the House. | |
| 2010-12-22 | Passed Senate with an amendment by Voice Vote. | |
| 2010-12-22 | S.AMDT.4923 Amendment SA 4923 agreed to in Senate by Unanimous Consent. | |
| 2010-12-22 | S.AMDT.4923 Amendment SA 4923 proposed by Senator Reid for Senator Gillibrand. (consideration: CR S10980)In the nature of a substitute. | |
| 2010-12-22 | Measure laid before Senate by unanimous consent. (consideration: CR S10980-10982) | |
| 2010-12-09 | Motion by Senator Reid to reconsider the vote by which cloture was not invoked on the motion to proceed to the bill (Roll Call Vote No. 269) made in Senate. (consideration: CR S8669) | |
| 2010-12-09 | Cloture on the motion to proceed to the bill not invoked in Senate by Yea-Nay Vote. 57 - 42. Record Vote Number: 269. (consideration: CR S8668-8669; text: CR S8669) | |
| 2010-12-06 | Cloture motion on the motion to proceed to the bill presented in Senate. (consideration: CR S8552; text: CR S8552) | |
| 2010-12-06 | Motion to proceed to consideration of measure made in Senate. (consideration: CR S8552) | |
| 2010-11-15 | Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 641. | |
| 2010-09-29 | Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. | |
| 2010-09-29 | Motion to reconsider laid on the table Agreed to without objection. | |
| 2010-09-29 | On passage Passed by recorded vote: 268 - 160 (Roll no. 550). (text: CR H7230-7242) | |
| 2010-09-29 | On motion to recommit with instructions Failed by the Yeas and Nays: 185 - 244 (Roll no. 549). | |
| 2010-09-29 | The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H7256) | |
| 2010-09-29 | DEBATE - Mr. Waxman reserved a point of order against the Lee (NY) motion to recommit with instructions. Subsequently, the reservation was withdrawn. The House proceeded with 10 minutes of debate on the Lee (NY) motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to repeal specified spending provisions in patient protection and affordable care. | |
| 2010-09-29 | Mr. Lee (NY) moved to recommit with instructions to Energy and Commerce. (consideration: CR H7252-7256; text: CR H7252-7255) | |
| 2010-09-29 | The previous question was ordered pursuant to the rule. (consideration: CR H7252) | |
| 2010-09-29 | DEBATE - Pursuant to the provisions of H.Res. 1674, the House proceeded with one hour of debate on H.R. 847, as amended. | |
| 2010-09-29 | Rule provides for consideration of H.R. 847 and H.R. 2378. With respect to H.R. 847, the rule grants a closed rule providing one hour of debate in the House, with 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce, 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary, and 10 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means. | |
| 2010-09-29 | Considered under the provisions of rule H. Res. 1674. (consideration: CR H7230-7257) | |
| 2010-09-29 | Rules Committee Resolution H. Res. 1674 Reported to House. Rule provides for consideration of H.R. 847 and H.R. 2378. With respect to H.R. 847, the rule grants a closed rule providing one hour of debate in the House, with 30 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce, 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary, and 10 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means. | |
| 2010-07-29 | On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 255 - 159 (Roll no. 491). (text: CR H6382-6394) | |
| 2010-07-29 | DEBATE - The House proceeded with forty minutes of debate on H.R. 847. | |
| 2010-07-29 | Considered under suspension of the rules. (consideration: CR H6382-6400) | |
| 2010-07-29 | Mr. Pallone moved to suspend the rules and pass the bill, as amended. | |
| 2010-07-22 | Placed on the Union Calendar, Calendar No. 321. | |
| 2010-07-22 | Reported (Amended) by the Committee on Judiciary. H. Rept. 111-560, Part II. | |
| 2010-07-22 | Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-560, Part I. | |
| 2010-05-25 | Ordered to be Reported (Amended) by the Yeas and Nays: 33 - 12. | |
| 2010-05-25 | Committee Consideration and Mark-up Session Held. | |
| 2010-03-16 | Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 25 - 8 . | |
| 2010-03-16 | Subcommittee Consideration and Mark-up Session Held. | |
| 2009-07-29 | Subcommittee on the Constitution, Civil Rights, and Civil Liberties Discharged. | |
| 2009-07-29 | Subcommittee on Crime, Terrorism, and Homeland Security Discharged. | |
| 2009-07-29 | Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law Discharged. | |
| 2009-07-29 | Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 9. | |
| 2009-07-29 | Committee Consideration and Mark-up Session Held. | |
| 2009-04-22 | Subcommittee Hearings Held. | |
| 2009-03-31 | Subcommittee Hearings Held. | |
| 2009-03-31 | Subcommittee Hearings Held. | |
| 2009-03-27 | Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. | |
| 2009-03-16 | Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. | |
| 2009-03-16 | Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. | |
| 2009-02-09 | Referred to the Subcommittee on Health. | |
| 2009-02-04 | Referred to House Judiciary | |
| 2009-02-04 | Referred to House Energy and Commerce | |
| 2009-02-04 | Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. | |
| 2009-02-04 | Sponsor introductory remarks on measure. (CR E201) |
Same As/Similar To
SB1334 (Related) 2010-06-29 - Committee on Health, Education, Labor, and Pensions. Hearings held.
HR1674 (Related) 2010-09-29 - Motion to reconsider laid on the table Agreed to without objection.
HR1674 (Related) 2010-09-29 - Motion to reconsider laid on the table Agreed to without objection.
Subjects
Administrative law and regulatory procedures
Administrative remedies
Advisory bodies
Air quality
Building construction
Cancer
Cardiovascular and respiratory health
Civil actions and liability
Crime victims
Digestive and metabolic diseases
Disability assistance
Drug and radiation therapy
Drug, alcohol, tobacco use
Emergency medical services and trauma care
Employee benefits and pensions
Fires
Foreign labor
Government information and archives
Government investigations
Government trust funds
Health
Health care costs and insurance
Health care coverage and access
Health care quality
Health information and medical records
Health personnel
Health programs administration and funding
Law enforcement officers
Legal fees and court costs
Medical research
Medical tests and diagnostic methods
Mental health
Musculoskeletal and skin diseases
New York City
Prescription drugs
Public contracts and procurement
Sales and excise taxes
Terrorism
User charges and fees
Visas and passports
Worker safety and health
Administrative remedies
Advisory bodies
Air quality
Building construction
Cancer
Cardiovascular and respiratory health
Civil actions and liability
Crime victims
Digestive and metabolic diseases
Disability assistance
Drug and radiation therapy
Drug, alcohol, tobacco use
Emergency medical services and trauma care
Employee benefits and pensions
Fires
Foreign labor
Government information and archives
Government investigations
Government trust funds
Health
Health care costs and insurance
Health care coverage and access
Health care quality
Health information and medical records
Health personnel
Health programs administration and funding
Law enforcement officers
Legal fees and court costs
Medical research
Medical tests and diagnostic methods
Mental health
Musculoskeletal and skin diseases
New York City
Prescription drugs
Public contracts and procurement
Sales and excise taxes
Terrorism
User charges and fees
Visas and passports
Worker safety and health
