WTC Health Program: Regulations

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Title 42, Part 88 of the Code of Federal Regulations (42 C.F.R. Part 88)

Congress passed the James Zadroga 9/11 Health and Compensation Act of 2010 (Zadroga Act), which was signed by President Barack Obama on January 2, 2011, as Public Law 111-347. The Zadroga Act amends the Public Health Service Act and establishes the WTC Health Program within the Department of Health and Human Services. The Zadroga Act directed the Administrator of the WTC Health Program to establish by regulation certain Program procedures, including enrollment and appeals processes. WTC Health Program regulations are found in Title 42, Part 88 of the Code of Federal Regulations and are reprinted below:

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§ 88.1 Definitions.
§ 88.2 General provisions.
§ 88.3 Eligibility--currently identified responders.
§ 88.4 Eligibility criteria--status as a WTC responder.
§ 88.5 Application process--status as a WTC reponder.
§ 88.6 Enrollment determination--status as a WTC responder.
§ 88.7 Eligibility--currently-identified survivors.
§ 88.8 Eligibility criteria--status as a WTC survivor.
§ 88.9 Application process--status as a WTC survivor.
§ 88.10 Enrollment determination--status as a WTC survivor.
§ 88.11 Appeals regarding eligibility determinations--responders and survivors.
§ 88.12 Physician's determination of WTC-related health conditions.
§ 88.13 WTC Program Administrator's certification of health conditions.
§ 88.14 Standard for determining medical necessity.
§ 88.15 Appeals regarding treatment.
§ 88.16 Reimbursement for medically necessary treatment, outpatient prescription pharmaceuticals, monitoring, and initial health evaluations, and travel expenses.
§ 88.17 Addition of health conditions to the list of WTC-related health conditions.

Federal Register Notices

The WTC Health Program makes changes to the regulations above by first publishing a notice in the Federal Register that contains both an explanation of the changes and the new regulatory text (this is a notice of proposed rulemaking or an interim final rule*). When a Federal Register notice is published, the public is given an opportunity to offer comments.

After the Program considers those comments, another Federal Register notice is published, finalizing the changes and responding to the public comments (this is a final rule). Once a final rule or an interim final rule* is published, the regulations above are changed to reflect the changes.

*If the Program decides it is in the best interest of the public to issue a rule quickly, an interim final rule will be published. In this case, the Program does not have to wait to receive and respond to public comment for the rule to be effective–an interim final rule is effective once it is published. The public is still given the opportunity to comment but the opportunity occurs at the same time the interim final rule is effective. After the Program considers the comments, it publishes a response to the comments and adjusts the rule accordingly, making it a final rule. In some cases, the publication of a final rule might occur months or years after the interim final rule is published. In those cases, the interim rule is considered final.

Listed below are the Federal Register notices that contain discussions of each of the Part 88 provisions and answer comments submitted by the public:

Note: Notices are listed in the order they were published with the most recent notices at the top of the list.

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