World Trade Center Fund Now Covers Myeloid Malignancies

Beginning on February 1, 2014, the World Trade Center (WTC) Health Program began considering blood or bone marrow disorders of the myeloid line to be slow-growing blood cancers. Accordingly, they will be considered WTC-related health conditions, making them available for WTC Health Program medical treatment services for eligible members.

These cancers had been considered non-malignant by the Administrator because they were referred to as “pre-leukemic” hematopoietic disorders in the medical literature. Recent scientific advances, however, characterize these “pre-leukemic” myeloid neoplasms as slow-growing blood cancers, and authoritative scientific sources now consider them to be malignant myeloid neoplasms.

After receiving a request from the WTC Clinical Centers of Excellence to review certain myeloid disorders in terms of their status as malignancies, the WTC Health Program has determined that, in addition to types of leukemias, these myeloid malignancies are eligible for coverage by the WTC Health Program as WTC-related health conditions.

The group of myeloid malignancies includes the following health conditions:

(1) Myelodysplastic Syndromes (MDSs);

(2) Myeloproliferative neoplasms (MPNs);

(3) Myelodysplastic/myeloproliferative neoplasms (MDS/MPN); and

(4) Myeloid malignancies associated with eosinophilia and abnormalities of growth factor receptors derived from platelets or fibroblasts.

On January 2, 2010, President Barack Obama signed the James Zadroga 9/11 Health and Compensation Act establishing the World Trade Health Program and extends and expands eligibility for compensation under the September 11th Victim Compensation Fund of 2001.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered asbestos related disease. Please contact our office if you require assistance in filing a claim under the newly enacted James Zadroga 9/11 Health and Compensation Act.

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Prostate Cancer: Now on the 9-11 Fund Compensable List

Prostate Cancer has now been approved as a compensable condition for benefits for those who are eligible to claim benefits from the 9-11 Health Claim Fund. The deadline to claim benefits for some, October 3, 2013, is rapidly approaching.

Click here for more information for about filing a claim.

….

Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Zadroga 9-11 Fund to Make Payments for Prostate Cancer

On May 2, 2013, the Administrator of the World Trade Center (WTC) Health Program received a petition (Petition 002) requesting the addition of prostate cancer to the List of WTC-Related Health Conditions (List) covered in the WTC Health Program. The Administrator has determined to publish a proposed rule adding malignant neoplasm of the prostate (prostate cancer) to the List in the WTC Health Program regulations.

Click here to read the Proposed Rule: A Proposed Rule by the Health and Human Services

Department on 07/02/2013

For more information about filing a claim click here.  Click to submit a case inquiry.

Related information about Zadroga 9-11 Claims:

The James Zadroga 9/11 Health & Compensation Act of 2010

Feb 16, 2011

On January 2, 2011, President Obama signed the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and financial compensation for victims, responders, and ...

http://workers-compensation.blogspot.com/

New York Dignitaries Celebrate The Zadroga Act Taking Effect

Jul 01, 2011

Signed into law in early January, the Zadroga Act provides sustained funding for the WTC Centers of Excellence and ensures that those facing 9/11-related health problems continue to receive monitoring and treatment ...

http://workers-compensation.blogspot.com/

NIOSH Fails to Link Cancer as Zadroga Fund Compensable

Jul 26, 2011

The National Institute for Occupational Safety and Health (NIOSH) published a report concluding that cancer is not a compensable disease for the Zadroga World Trade Center Victims Compensation Fund. The report ...

http://workers-compensation.blogspot.com/

Zadroga Health Fund: Utility Workers Suffer Increased Anxiety

Feb 24, 2011

The study may significantly increase the potential benefits that utility workers may obtain under the James Zadroga 9/11 Health and Compensation Act (“Zadroga Act”) providing a total of $4.3 billion in health benefits and ...

http://workers-compensation.blogspot.com/

Federal Government Urged to Protect Zadroga (9/11 Health Fund) Act from Looming Cuts

Lawmakers Advocate for the Heroes Who Answered the Call of Duty on 9/11 to be Treated With Same Dignity As Military Veterans -- Slashing 9/11 Treatment and Compensation Funds Violates Congressional Intent and Contradicts Precedent to Aid Injured and Sick

With the deadline nearing for Congress to negotiate a balanced deficit-cutting package or face deep automatic cuts across federal programs - known as sequestration - U.S. Senators Kirsten Gillibrand (D-NY) and Charles Schumer (D-NY), joined by Representatives Carolyn Maloney (D-NY), Jerrold Nadler (D-NY), Peter King (R-NY), and 9/11 first responders and survivors, stood at Ground Zero today calling on the Office of Management and Budget (OMB) to exempt the James Zadroga 9/11 Health and Compensation Act from automatic budget cuts should sequestration go into effect on January 1, 2013. The 2013 budget cuts already exempt veterans and at least six federal programs which aid the sick and injured from sequestration cut, including the Payment to Radiation Exposure Compensation Trust Fund, Radiation Exposure Compensation Trust Fund, Energy Employees Occupational Illness Compensation Fund, Vaccine Injury Compensation, Vaccine Injury Compensation Program Trust Fund, and the Black Lung Disability Trust Fund. In total, the OMB has included 150 exemptions to date – including the Federal Crop Insurance Corporation Fund and pensions for former Presidents.

During last summer's debt-ceiling crisis, a deal was reached to automatically cut over $1 trillion in defense and domestic programs, known as sequestration, if a "super committee" could not reach a balanced deficit reduction plan. Despite clear precedent for an exemption for health and compensation programs, a preliminary report by OMB shows that $24 million is slated to be slashed from the 9/11 Bill's Victim Compensation Fund, and an additional $14 million would be cut from the World Trade Center Health Fund in 2013.

The lawmakers emphasized that Congressional members from both parties must come together to work towards an alternative to sequestration – a process they believe to be the wrong approach to deficit reduction, and was only to be triggered as a matter of last resort. In the event that these automatic cuts to military and non-discretionary spending do take place, however, New York’s elected leaders will fight to save 9/11 funds from any sequester cuts.

The lawmakers wrote in a September 28th letter to OMB Acting Director Zients, “[W]e all agree that applying sequestration to these two programs [established by the James Zadroga 9-11 Health and Compensation Act] does not make sense, is not consistent with Congressional intent, does not follow precedent regarding trust funds provided for victims, and we would urge OMB to reconsider this initial finding if it is required to proceed with a sequester… We are concerned that OMB has not fully investigated the facts under which these programs operate.”

“Nothing exemplifies this unbalanced and draconian approach to deficit reduction more than asking our heroes who have already sacrificed so much to sacrifice yet again,” saidSenator Gillibrand. “Our 9/11 heroes who answered the call of duty should be treated with the same dignity as our veterans. Just as we have come together as Democrats and Republicans to fight for our heroes, I urge our colleagues to do the same and work towards a balanced approach that keeps struggling families from sacrificing the most.”

“This is one of the most poignant examples of why we must work to avert the sequester,” said Senator Schumer. “We can entirely avoid this problem if both parties agree to support a balanced deficit reduction plan that includes revenues as well as sensible savings. But in the event that they don't, we must work to make sure there that the burden does not fall on the national heroes who are finally receiving the help they deserve through the Zadroga Act. Veterans have been exempted from sequestration and the heroes who have rushed to towers after 9/11 should be treated the same. They risked their lives in a time of war and suffered for it.”

“Slashing tens of millions of dollars from the World Trade Center Health and Victim Compensation Funds is just plain wrong, said Congresswoman Maloney. “Both are paid for with a dedicated funding stream and do not add one red cent to our nation’s budget deficit. This is a time for all members of Congress to put aside those issues that may divide us and come together as we did in the wake of the 9-11 attacks. After giving our word to those health was affected that we would ‘never forget’ and promising them that we would help them deal with the serious health consequences of responding to the attacks, it would be dishonorable to say now, ‘we take that back.’”

“We are prepared to fight for every last dollar we allocated for our bill, the James Zadroga 9/11 Health and Compensation Act, and ensure that we do not ration assistance for the sick,” said Congressman Nadler. “Thousands of 9/11 responders and survivors are sick today because of their exposure to toxins in and around Ground Zero, and they depend on this funding for their health and well-being. We are calling on the Office of Management and Budget to reconsider its decision on exempting Zadroga from the sequester.”

“We have come too far and our 9/11 heroes have endured too much for this funding to be subjected to a bureaucratic reduction,” said Congressman King. “It would be a cruel hoax to finally allow these individuals to start their necessary treatment, only to find out they will not be able to continue it through no fault of their own.”

“Were I went to school 2 + 2 = 4. I am not sure how they do their math in D.C. The Zadroga bill reduces the deficit by $433 million, said John Feal, Founder and President of the FealGood Foundation. “Why cut a program that reduces the deficit ? We should be talking about adding funds to the bill and keeping it up and running for more than 5 years, certainly not talking about reducing it.”

“Union members fought far too long for health care and compensation for the victims, first responders, recovery workers, and residents of Lower Manhattan to allow that hard fought victory to be eroded by shameful budget cuts,” said New York State AFL-CIO President Mario Cilento. “I commend Senators Schumer and Gillibrand and Representatives Carolyn Maloney, Jerry Nadler, Peter King and the rest of the New York Congressional delegation for standing up for the heroes of 9/11 and pledge that we will not rest until they receive the care and support they deserve.”

“We fought hard for healthcare for those made sick by 9/11 and we will continue to fight for those among us who risked their health, their lives and brought Lower Manhattan back,” said Catherine Hughes, Chair of Community Board 1. “Our heroes must get the healthcare that they deserve period. As a nation we must pay our debts and eliminate government deficits, but the debt we owe to our first responders matters even more.”

In addition to noting that cuts to these programs would be devastating for the families of 9/11 victims and first responders, the five members of Congress also pointed out three key reasons why the 9/11 programs should be exempt from automatic cuts:

· The 9/11 health programs should be added onto the list of federal health and compensation programs that are already immune from cuts. There are currently 150 exemptions, including at least six programs established for injuries and illnesses, signed into law by February 2010—nearly a year before the 9/11 health bill was passed. Had the 9/11 health bill existed then, the 9/11 programs would have been among the items protected from sequestration.

· The proposed budget cuts are an affront to the 9/11 health law that was already formulated to cut the deficit. The 9/11 law was already devised to be fully paid for and to cut the deficit. According to the Congressional Budget Office's estimate, the law slashes $433 million from the deficit.

· The preliminary budget fails to take into account New York City’s agreement to voluntarily pay 10% share for the 9/11 program. Under federal rule, “activities financed by voluntary payments to the government” are exempt from sequester. Lawmakers pointed out that according to this statute, the City’s voluntary contribution should be protected from the sequester process.

The budget already spares veterans from most of the automatic budget cuts. OMB released a letter in April assuring that programs under the Veterans Affairs agency would be exempt from sequestration.

Full text of the lawmakers’ letter from September 28th is below:

Dear Acting Director Zients,

We are writing to convey our deep concern about the Office of Management and Budget’s (OMB) initial determination that the programs established by the James Zadroga 9/11 Health and Compensation Act are subject to sequestration under the Sequestration Transparency Act of 2012. As Members of Congress, some of whom voted for the “Budget Control Act of 2011” and some of whom voted against, we all agree that applying sequestration to these two programs does not make sense, is not consistent with Congressional intent, does not follow precedent regarding trust funds provided for victims, and we would urge OMB to reconsider this initial finding if it is required to proceed with a sequester.

The September 14, 2012 “OMB Report Pursuant to the Sequestration Transparency Act of 2012 (P. L. 112–155)” identifies the World Trade Center (WTC) Health Program, administered by the Department of Health and Human Services and the September 11th Victim Compensation Fund (VCF), administered by the Department of Justice as programs subject to sequestration. Both of these programs are listed as being subject to a 7.6 sequester percentage with the WTC Health Program’s $190 million budget authority for FY 2013 slated for a $14 million reduction and the VCF’s $322 million budget authority reduced by $24 million. Not only would these cuts be devastating for the victims that need assistance, we are concerned that OMB has not fully investigated the facts under which these programs operate.

For example, the 7.6% sequester estimate was applied to the total $190 million health program instead of subtracting the 10% payment volunteered by the City of New York prior to calculating the cut. Pursuant to the PAYGO Statue, Section 11(g) ‘‘Activities financed by voluntary payments to the Government for goods or services to be provided for such payments” are exempt from sequester. The City of New York has voluntarily agreed, through a memorandum of understanding (MOU), to pay a 10% share for the program. Therefore, including their portion of the funding violates the sequester process.

In addition, as OMB is aware, the PAYGO Statute which was signed into law in February 2010 includes 150 exemptions. Among the programs exempted are similar health and compensation programs that have been established for other injuries and illnesses such as: the Payment to Radiation Exposure Compensation Trust Fund, Radiation Exposure Compensation Trust Fund, Energy Employees Occupational Illness Compensation Fund, Vaccine Injury Compensation, Vaccine Injury Compensation Program Trust Fund, and the Black Lung Disability Trust Fund to name a few. But the 9/11 health and compensation funds did not exist at the time the PAYGO Statute was enacted. The James Zadroga 9/11 Health and Compensation Act, which established these funds, was not passed by the Congress until December 2010 and was signed into law by the President in January of 2011. Clearly had the 9/11 Heath and Compensation programs existed in February 2010, when the PAYGO law was passed, they would have been included on the list of specific exemptions and therefore we request that both the health and compensation programs are excluded from sequestration.

Moreover, the James Zadroga 9/11 Health and Compensation Act, when enacted, was not only fully PAYGO compliant with a dedicated stream of revenue that fully pays for the program, but in fact provided an additional $433 million in deficit reduction, revenue above what the Act spent. Given that it was fully PAYGO compliant and in fact in the end will lead to over $400 million in deficit reduction we do not believe that subjecting the two programs to sequester is proper or consistent with the precedent set by similar health and compensation programs provided to injured workers.

In conclusion, we know that the task before OMB is difficult and it is our sincere hope that Congress will find an alternative to sequestration. However, as your report states on page one, “The estimates and classifications in the report are preliminary. If the sequestration were to occur, the actual results would differ based on changes in law and ongoing legal, budgetary, and technical analysis.” We therefore write to you in the hope of pointing out that we do not believe that Congress intended to have these two programs fall under sequestration.

....

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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WTC Health Program: First Year Anniversay

WTC Program Administrator John Howard, M.D. comments about the one-year anniversary of the James Zadroga 9/11 Health and Compensation Act

On July 1st we marked the one-year anniversary of the James Zadroga 9/11 Health and Compensation Act going into effect, officially launching the World Trade Center (WTC) Health Program. The WTC Health Program is a unique government program that provides medical evaluation and treatment to eligible 9/11 responders and survivors.


After opening our doors one year ago, we have made a lot of progress in our ability to respond to the needs of our members. We wanted to take this opportunity to reflect on the past year and how the Program has grown and what we will be focusing on in the coming months.


If you should have any questions about the WTC Health Program, please email us at WTC@cdc.gov.


Thank you,


John Howard, M.D.
Administrator, World Trade Center Health Program

Achievements and Looking Ahead

• Since the Program became effective last year, it has helped over 60,000 people receive benefits, including those who were previously enrolled in the medical monitoring and treatment program and more than 1,200 new enrollees.
• The WTC Health Program Scientific/Technical Advisory Committee (STAC) met three times to discuss and prepare their recommendation on whether to add cancer to the list of health conditions covered by the Program.
• On June 13, we published a proposed rule to add certain types of cancers to the list of conditions the Program covers. We based this decision on a hierarchy of methods, including the recommendation of the STAC. After a 30 day public comment period, the Administrator will consider and address those comments as appropriate before issuing a final ruling.
• In May, Stony Brook Medical Center opened a new clinic in Brooklyn to serve 9/11 responders, providing another place to get care that is closer to home and/or work.
• The funding announcement for outreach and education cooperative agreements has gone out and we are looking forward to reviewing the proposals. The purpose of the awards is to recruit eligible responders and survivors and help them enroll in the Program to receive the care they need and deserve.
• We will continue to work to improve the Program, including establishing eligibility criteria for Pentagon and Shanksville, PA responders.
• We will expand the Program so that through the nationwide network of providers both responders and survivors who live outside the New York City metropolitan area can receive monitoring and treatment benefits near to where they live.

....
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Click here to contact us for further information or assistance.

For more information about the 9-11 Zadroga Fund click here.

Related articles

• 50 Cancers To Be Covered Under the 9-11 Zadroga Health Claim Fund

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50 Cancers To Be Covered Under the 9-11 Zadroga Health Claim Fund

The New York Times is reporting this afternoon that The National Institute for Occupational Safety and Health (NIOSH) has approved for compensation payments 50 types of cancers from the $4.3 Billion Zadroga 9-11 Fund. The announcement was made by NIOSH WTC Program Director John Howard MD, whose agency was responsible for reviewing  Petition 001 regarding the addition of cancer, or types of cancer, to the List of World Trade Center-Related Health Conditions.

The Fund was established to provide medical surveillance, treatment and care (WTC Health Program) for first respondents and those who were in close proximity to the 9-11 blast in New York City and who suffered medical conditions and diseases as a result of the tragic event.


The World Trade Center Health Program (WTC Health Program) was established by the James Zadroga 9/11 Health and Compensation Act of 2010. Right now, the program provides services for responders, workers, and volunteers who helped with rescue, recovery, and cleanup at the World Trade Center and related sites in New York City. It also provides services for survivors who lived, worked, or were in school in the area. The WTC Health Program soon will also serve responders to the 9/11 attacks at the Pentagon in Arlington, VA, and the Flight 93 crash site in Shanksville, PA.


Medical clinics are maintained throughout the New York metropolitan area. For a list of clinics click here.

Next Steps:

Once the Administrator receives the Advisory Committee’s recommendation he has 60 days to publish in the Federal Register either a notice of proposed rulemaking regarding the recommendation or a determination not to propose a rule and the basis for that determination. 

If the Administrator publishes a notice of proposed rulemaking to add cancer, or certain types of cancer, to the List of WTC-Related Health Conditions, the WTC Health Program must follow the normal regulatory process, including a minimum 30 day public comment period and review of those comments, before issuing a final rule.

If the Administrator determines not to add a certain type of cancer to the List of WTC-Related Health Conditions at this time there would still be the possibility that the type of cancer could be added to the List of WTC-Related Health Conditions in the future. Such potential future additions could be initiated through new petitions to the Administrator or at the Administrator’s discretion.


List of Cancers:
▪  Malignant neoplasms of the lip, tongue, salivary 

gland, floor of mouth, gum and other mouth, tonsil, 
oropharynx, hypopharynx, and other oral cavity and 
pharynx 
▪  Malignant neoplasm of the nasopharynx  
▪  Malignant neoplasms of the nose, nasal cavity, 
middle ear, and accessory sinuses 
▪  Malignant neoplasm of the larynx  
▪  Malignant neoplasm of the esophagus 
▪  Malignant neoplasm of the stomach 
▪  Malignant neoplasm of the colon and rectum 
▪  Malignant neoplasm of the liver and intrahepatic 
bile duct 
▪  Malignant neoplasms of the retroperitoneum and 
peritoneum, omentum, and mesentery 
▪  Malignant neoplasms of the trachea; bronchus and 
lung; heart, mediastinum and pleura; and other illdefined sites in the respiratory system and 
intrathoracic organs 
▪  Mesothelioma 
▪  Malignant neoplasms of the soft tissues (sarcomas) 
▪  Malignant neoplasms of the skin (melanoma and nonmelanoma), including scrotal cancer 
▪  Malignant neoplasm of the breast 
▪  Malignant neoplasm of the ovary  
▪  Malignant neoplasm of the urinary bladder 
▪  Malignant neoplasm of the kidney 
▪  Malignant neoplasms of renal pelvis, ureter and 
other urinary organs 
▪  Malignant neoplasms of the eye and orbit 
▪  Malignant neoplasm of the thyroid 
▪  Malignant neoplasms of the blood and lymphoid 
tissues (including, but not limited to, lymphoma, 
leukemia, and myeloma) 
▪  Childhood cancers 
▪  Rare cancers


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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

Click here to contact us for further information or assistance.

For more information about the 9-11 Zadroga Fund click here.

Zadroga Benefits Proposed By NIOSH for Some Cancers

A scientific committee has released a draft report recommending [Zadroga Act] compensation for 9-11 first responders. Those cancers include: esophagus, stomach, colon, liver, skin, lungs, kidneys and others.


See March 22, 2012 Master DRAFT for WTC STAC Committee Review
.....
For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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