§239 General Provisions

Summary

Sets rules for who can get help if they take smallpox countermeasures under a specific HHS Declaration. It names key terms: "covered countermeasure" means whatever the Declaration lists; "covered individual" means people like health care workers, police, firefighters, security staff, emergency medical and other public safety or support workers, people in an approved State/local or HHS smallpox response plan, volunteers chosen before an active smallpox case is announced, and anyone given the smallpox vaccine under that approved plan while the Declaration is in effect (including the part before April 30, 2003). "Covered injury" means a serious injury, illness, disability, condition, or death (not minor scarring or a small local reaction) that official procedures find was directly caused either by receiving the covered countermeasure during the Declaration period or by accidentally catching vaccinia within that period or within 30 days after it ends after contact with a covered person. "Declaration" refers to the HHS Declaration issued January 24, 2003 (published January 28, 2003); the "effective period" is the time it covers unless extended. "Eligible individual" means someone who meets those injury and coverage rules. A "smallpox emergency response plan" is a plan for actions to take before any active smallpox case is found. The Secretary must make sure any State, local, or HHS vaccination plan approved under the Declaration includes procedures, consistent with the Declaration and CDC guidance, so that potential participants get education about contraindications, the voluntary nature of the program, and possible benefits or compensation; have voluntary screening for health conditions tied to contraindications; and receive proper medical follow-up after inoculation, including checking for adverse effects and quickly referring or giving information to anyone who needs care.