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The
Smallpox Emergency Personnel Protection Act of 2003,
Public Law 108-20, 117 Stat. 638, authorized the Secretary
of Health and Human Services to establish the Smallpox
Vaccine Injury Compensation Program. The program was
appropriated $42 million to provide benefits and/or
compensation to eligible individuals. HHS Secretary
Tommy G. Thompson announced an interim final rule that
described eligibility criteria and the process for requesting
benefits on December 16, 2003.
To
be eligible, an individual must be a:
-
Smallpox Vaccine Recipient, defined as:
- a
health care worker, law enforcement officer,
firefighter, security personnel, emergency medical
personnel, other public safety personnel, or
support personnel for such occupational specialties
who has volunteered and been selected to be
a member of a smallpox emergency response plan
prior to the time at which the Secretary publicly
announces that an active case of smallpox has
been identified within or outside of the United
States;
- who
is or will be functioning in a role identified
in an HHS-approved smallpox emergency response
plan (a Plan);
- to
whom a smallpox vaccine is administered pursuant
to a Plan during the effective period of the
Declaration.
- Vaccinia
Contact, defined as:
- someone
who contracted vaccinia during the effective
period of the Declaration (or within 30 days
after the end of such period);
- prior
to contracting vaccinia, was accidentally inoculated
by a smallpox vaccine recipient or a contact
of such a person.
- Survivor
of a smallpox vaccine recipient or a vaccinia contact
who died as a direct result of a medical injury
covered by this Program, or
- Representative
of an estate of a deceased smallpox vaccine
recipient or vaccinia contact.
A
Covered Injury is defined as an injury that the Secretary
determines:
- meets
the requirements of the Table (which is
presumed to be the direct result of the administration
of a smallpox vaccine or accidental vaccinia inoculation);
or
- was
more likely than not, the direct result of:
(A) the administration of a covered countermeasure
(including the smallpox vaccine) during the effective
period of the Declaration, in the case of a smallpox
vaccine recipient; or
(B) vaccinia contracted through accidental vaccinia
inoculation (and not the result of receiving a smallpox
vaccine) during the effective period of the Declaration
(or within 30 days after the end of such period),
in the case of a vaccinia contact.
- Covered
Injuries Table
Individuals who have injuries not in the Table injuries
also may be considered eligible for benefits if their
injuries can be shown to be the direct result of the
smallpox vaccine, other covered countermeasures or
vaccinia. Minor injuries are not covered.
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Alerts
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- UPDATE - Amendment To Extend for One
Year the January 24, 2003, Declaration Regarding Administration of
Smallpox Countermeasures, as Amended on January 24, 2004, January
24, 2005, January 24, 2006 and January 24, 2007. Federal
Register Notice
- Payments received by eligible individuals for covered injuries
are excluded from gross income for Federal income tax purposes
(except for amounts attributable to, and not in excess of, deductions
allowed under § 213 (relating to medical, etc. expenses) for
any prior taxable year). Additionally, such payments do not constitute
wages and are not subject to withholding for FICA, FUTA, and Federal
income tax withholding purposes, and do not constitute net earnings
from self-employment for SECA purposes. IRS
Notice
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