§247d–6e Covered Countermeasure Process

Summary

Creates an emergency fund in the Treasury called the Covered Countermeasure Process Fund when the Secretary issues a declaration under section 247d–6d(b). The fund uses amounts designated as emergency appropriations under section 402 of H. Con. Res. 95 of the 109th Congress and the emergency tag lasts through October 1, 2006. When money is provided, the Secretary must pay eligible people for serious injuries or death directly caused by a covered countermeasure used under that declaration. Payments follow the same kinds and amounts of benefits as in sections 239c, 239d, and 239e (the smallpox vaccine program), except section 239e(a)(2)(B) does not apply. Reasonable medical benefits and lifetime lost-work benefits for permanent total disability are not limited by section 239e. The Secretary will use the procedures in section 239a (except subsection (d)(2)), related regulations, and any extra rules the Secretary makes. Decisions must be based on compelling, reliable, valid medical and scientific evidence except for certain table presumptions. The Secretary must make a regulation table listing injuries presumed to be caused by a covered countermeasure and the time window for symptoms, and may add items only with strong scientific evidence; the rules for changing that table follow section 239b and courts may not review the Secretary’s actions under that paragraph. Programs must be voluntary and people must be told about contraindications and available benefits. A person generally must seek compensation from the fund before suing a covered person, unless the fund wasn’t funded or the Secretary fails to make a final decision within 240 days; the time limit to sue is paused while a claim is pending. If the Secretary finds a person eligible, the person may choose compensation or sue, but accepting payment ends the right to sue. Definitions: covered countermeasure — as defined in section 247d–6d; covered individual — someone in the declared population or who used the countermeasure in good faith believing they were; covered injury — serious physical injury or death; declaration — a declaration under section 247d–6d(b); eligible individual — a covered individual who sustains a covered injury.