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Smallpox Vaccine Injury Compensation Program
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.
ALERTS
- 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
- The
Secretary’s Declaration Period is extended to January 23, 2005.
The Smallpox Vaccine Injury Compensation Program now covers
(a) eligible individuals who receive a smallpox vaccination through
January 23, 2005 and
(b) eligible vaccinia contacts who have medical symptoms that
first appear by February 22, 2005 (which is within 30 days of
the end of the period of the Declaration).
How
to Request Benefits
HHS Secretary Tommy G. Thompson announced an interim final
rule that describes eligibility criteria and the process for requesting
benefits on December 11, 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.
Official
Documents
Contact:
smallpox@hrsa.gov or 1-888-496-0338
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