Smallpox Emergency Personnel Protection Act of 2003

Bill: 108-hr-1770
Sponsor: Rep. Burr, Richard [R-NC-5]
Introduced: 2003-04-11 in the House
Policy area: Health
Subjects: Administrative procedure
Administrative remedies
Annuities
Civil actions and liability
Claims
Collection of accounts
Compensation (Law)
Crime and Law Enforcement
Department of Health and Human Services
Disability insurance
Disability retirement
Disabled
Economics and Public Finance
Emergency Management
Emergency medicine
Employee health benefits
Evidence (Law)
Families
Federal employees
Finance and Financial Sector
Fire fighters
Government Operations and Politics
Government employees' health insurance
Government liability
Health education
Health insurance
Health surveys
Informed consent (Medical law)
Labor and Employment
Law
Law enforcement officers
Liability (Law)
Life insurance
Limitation of actions
Medical economics
Medical malpractice
Medical personnel
Medical screening
Medical tests
Minors
Paramedical personnel
Physicians
Police
Public health personnel
Self-employed
Smallpox
Survivors' benefits
Terrorism
Torts
Vaccination
Vaccines
Wages
Workers' compensation

Summary:
action_date: 2003-04-11
text: Smallpox Emergency Personnel Protection Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish procedures for determining whether an individual is an eligible individual under this Act who qualifies for compensation for a covered injury or injuries.
Defines a covered injury as an injury, disability, illness, condition, or death arising in a specified time period from the administration of a smallpox vaccine or arising in specified circumstances from an accidental smallpox inoculation. Defines a covered individual as an individual from one of certain professions who is or will be functioning as part of a Federally approved smallpox emergency response plan and who receives a smallpox vaccine. Defines an eligible individual as a covered individual who sustains a covered injury from a smallpox vaccine or as an individual who is accidentally inoculated and sustains a covered injury.
Permits the Secretary to make structured settlement agreements with individuals based on the reasonable likelihood that certain compensation under this Act will be required for a period in excess of one year from the date an individual is determined to be eligible for such compensation.
Allows the Secretary to review and affirm, vacate, or modify determinations of eligibility for compensation under this Act.
Directs the Secretary to create a smallpox vaccine injury table identifying adverse effects that shall be presumed to result from the administration of (or exposure to) a smallpox vaccine and the time period in which the first symptom of each such adverse effect must occur for such presumption to apply.
Requires the Secretary to make payments for medical items and services as reasonable and necessary to treat a covered injury of an eligible individual. Directs the Secretary to provide compensation according to a specified formula to an eligible individual for the loss of employment income incurred due to a covered injury. Provides separately for death benefits.
Amends Public Health Service Act provisions regarding: (1) tort liability for the administration of smallpox countermeasures; and (2) the administration of smallpox countermeasures by health professionals, including to modify the definitions of covered countermeasure, covered person, and qualified person.
action_date: 2003-04-11
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Smallpox Emergency Personnel Protection Act of 2003 - (Sec. 2) Amends Title II of the Public Health Service Act to add a new part, Part C (Smallpox Emergency Personnel Protection). Directs the Secretary of Health and Human Services to establish procedures for determining whether an individual is an eligible individual under this Act who qualifies for compensation for a covered injury or injuries. 
 
Defines a covered injury as an injury, disability, illness, condition, or death arising in a specified time period from the administration of a smallpox vaccine or arising in specified circumstances from an accidental smallpox inoculation. Defines a covered individual as an individual from one of certain professions who is or will be functioning as part of a federally approved smallpox emergency response plan and who receives a smallpox vaccine. Defines an eligible individual as a covered individual who sustains a covered injury from a smallpox vaccine or as an individual who is accidentally inoculated and sustains a covered injury. 
Permits the Secretary to make structured settlement agreements with individuals based on the reasonable likelihood that certain compensation under this Act will be required for a period in excess of one year from the date an individual is determined to be eligible for such compensation.
Allows the Secretary to review and affirm, vacate, or modify determinations of eligibility for compensation under this Act. Declares that no court shall have subject matter jurisdiction to review any such determination. Allows an officer or employee of the United States to review any such determination at the behest of the President.
Directs the Secretary to create a smallpox vaccine injury table identifying adverse effects that shall be presumed to result from the administration of (or exposure to) a smallpox vaccine and the time period in which the first symptom of each such adverse effect must occur for such presumption to apply. Permits the Secretary to amend the table by regulation.
Requires the Secretary to make payments for medical items and services as reasonable and necessary to treat a covered injury of an eligible individual.
Directs the Secretary to provide compensation according to a specified formula to an eligible individual for the loss of employment income incurred due to a covered injury. Limits such payments to a maximum of $50,000 for any year, and sets a limit on the lifetime total of such compensation equal to the death benefit established below, but makes such lifetime limit inapplicable in the case of permanent and total disability. Terminates such payments once an individual reaches the age of 65.
Directs the Secretary to pay death benefits according to a specified formula to the survivor or survivors of an eligible individual whose death occurred due to a covered injury or injuries. Allows the legal guardian of any minor dependents of such a deceased individual to receive payments according to a specified formula on behalf of such dependents in lieu of a death benefit. Terminates any such payments once the youngest dependent reaches the age of 18.
Authorizes appropriations through FY 2007.
(Sec. 3) Amends Public Health Service Act provisions regarding: (1) tort liability for the administration of smallpox countermeasures; and (2) the administration of smallpox countermeasures by health professionals, including to modify the definitions of covered countermeasure, covered person, and qualified person.
action_date: 2003-04-11
text: 

(This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.)
 
Smallpox Emergency Personnel Protection Act of 2003 - (Sec. 2) Amends Title II of the Public Health Service Act to add a new part, Part C (Smallpox Emergency Personnel Protection). Directs the Secretary of Health and Human Services to establish procedures for determining whether an individual is an eligible individual under this Act who qualifies for compensation for a covered injury or injuries. 
Defines a covered injury as an injury, disability, illness, condition, or death arising in a specified time period from the administration of a smallpox vaccine or arising in specified circumstances from an accidental smallpox inoculation. Defines a covered individual as an individual from one of certain professions who is or will be functioning as part of a federally approved smallpox emergency response plan and who receives a smallpox vaccine. Defines an eligible individual as a covered individual who sustains a covered injury from a smallpox vaccine or as an individual who is accidentally inoculated and sustains a covered injury. 
Permits the Secretary to make structured settlement agreements with individuals based on the reasonable likelihood that certain compensation under this Act will be required for a period in excess of one year from the date an individual is determined to be eligible for such compensation.
Allows the Secretary to review and affirm, vacate, or modify determinations of eligibility for compensation under this Act. Declares that no court shall have subject matter jurisdiction to review any such determination. Allows an officer or employee of the United States to review any such determination at the behest of the President.
Directs the Secretary to create a smallpox vaccine injury table identifying adverse effects that shall be presumed to result from the administration of (or exposure to) a smallpox vaccine and the time period in which the first symptom of each such adverse effect must occur for such presumption to apply. Permits the Secretary to amend the table by regulation.
Requires the Secretary to make payments for medical items and services as reasonable and necessary to treat a covered injury of an eligible individual.
Directs the Secretary to provide compensation according to a specified formula to an eligible individual for the loss of employment income incurred due to a covered injury. Limits such payments to a maximum of $50,000 for any year, and sets a limit on the lifetime total of such compensation equal to the death benefit established below, but makes such lifetime limit inapplicable in the case of permanent and total disability. Terminates such payments once an individual reaches the age of 65.
Directs the Secretary to pay death benefits according to a specified formula to the survivor or survivors of an eligible individual whose death occurred due to a covered injury or injuries. Allows the legal guardian of any minor dependents of such a deceased individual to receive payments according to a specified formula on behalf of such dependents in lieu of a death benefit. Terminates any such payments once the youngest dependent reaches the age of 18.
Authorizes appropriations through FY 2007.
(Sec. 3) Amends Public Health Service Act provisions regarding: (1) tort liability for the administration of smallpox countermeasures; and (2) the administration of smallpox countermeasures by health professionals, including to modify the definitions of covered countermeasure, covered person, and qualified person.
action_date: 2003-04-30
text: 

(This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.)
 
Smallpox Emergency Personnel Protection Act of 2003 - (Sec. 2) Amends Title II of the Public Health Service Act to add a new part, Part C (Smallpox Emergency Personnel Protection). Directs the Secretary of Health and Human Services to establish procedures for determining whether an individual is an eligible individual under this Act who qualifies for compensation for a covered injury or injuries. 
Defines a covered injury as an injury, disability, illness, condition, or death arising in a specified time period from the administration of a smallpox vaccine or arising in specified circumstances from an accidental smallpox inoculation. Defines a covered individual as an individual from one of certain professions who is or will be functioning as part of a federally approved smallpox emergency response plan and who receives a smallpox vaccine. Defines an eligible individual as a covered individual who sustains a covered injury from a smallpox vaccine or as an individual who is accidentally inoculated and sustains a covered injury. 
Permits the Secretary to make structured settlement agreements with individuals based on the reasonable likelihood that certain compensation under this Act will be required for a period in excess of one year from the date an individual is determined to be eligible for such compensation.
Allows the Secretary to review and affirm, vacate, or modify determinations of eligibility for compensation under this Act. Declares that no court shall have subject matter jurisdiction to review any such determination. Allows an officer or employee of the United States to review any such determination at the behest of the President.
Directs the Secretary to create a smallpox vaccine injury table identifying adverse effects that shall be presumed to result from the administration of (or exposure to) a smallpox vaccine and the time period in which the first symptom of each such adverse effect must occur for such presumption to apply. Permits the Secretary to amend the table by regulation.
Requires the Secretary to make payments for medical items and services as reasonable and necessary to treat a covered injury of an eligible individual.
Directs the Secretary to provide compensation according to a specified formula to an eligible individual for the loss of employment income incurred due to a covered injury. Limits such payments to a maximum of $50,000 for any year, and sets a limit on the lifetime total of such compensation equal to the death benefit established below, but makes such lifetime limit inapplicable in the case of permanent and total disability. Terminates such payments once an individual reaches the age of 65.
Directs the Secretary to pay death benefits according to a specified formula to the survivor or survivors of an eligible individual whose death occurred due to a covered injury or injuries. Allows the legal guardian of any minor dependents of such a deceased individual to receive payments according to a specified formula on behalf of such dependents in lieu of a death benefit. Terminates any such payments once the youngest dependent reaches the age of 18.
Authorizes appropriations through FY 2007.
(Sec. 3) Amends Public Health Service Act provisions regarding: (1) tort liability for the administration of smallpox countermeasures; and (2) the administration of smallpox countermeasures by health professionals, including to modify the definitions of covered countermeasure, covered person, and qualified person.



Legislative actions:
action_date: 2003-04-30
text: Became Public Law No: 108-20.
action_date: 2003-04-30
text: Became Public Law No: 108-20.
action_date: 2003-04-30
text: Signed by President.
action_date: 2003-04-30
text: Signed by President.
action_date: 2003-04-24
text: Presented to President.
action_date: 2003-04-24
text: Presented to President.
action_date: 2003-04-12
text: Message on Senate action sent to the House.
action_date: 2003-04-11
text: Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (CR 4/12/2003 S5388-5390)
action_date: 2003-04-11
text: Passed/agreed to in Senate: Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent.(CR 4/12/2003 S5388-5390)
action_date: 2003-04-11
text: Referred to the Subcommittee on Immigration, Border Security, and Claims.
action_date: 2003-04-11
text: The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1770.
action_date: 2003-04-11
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-04-11
text: On passage Passed without objection. (text:  CR H3340-3343)
action_date: 2003-04-11
text: Passed/agreed to in House: On passage Passed without objection.(text:  CR H3340-3343)
action_date: 2003-04-11
text: Mr. Burr asked unanimous consent to discharge from committee and consider.
action_date: 2003-04-11
text: Considered by unanimous consent. (consideration:  CR H3338-3343)
action_date: 2003-04-11
text: Committee on Judiciary discharged.
action_date: 2003-04-11
text: Committee on Judiciary discharged.
action_date: 2003-04-11
text: Committee on Education and the Workforce discharged.
action_date: 2003-04-11
text: Committee on Education and the Workforce discharged.
action_date: 2003-04-11
text: Committee on Energy and Commerce discharged.
action_date: 2003-04-11
text: Committee on Energy and Commerce discharged.
action_date: 2003-04-11
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and 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.
action_date: 2003-04-11
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and 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.
action_date: 2003-04-11
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and 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.
action_date: 2003-04-11
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and 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.
action_date: 2003-04-11
text: Introduced in House
action_date: 2003-04-11
text: Introduced in House

Enacted as: number: 108-20