[Federal Register Volume 75, Number 91 (Wednesday, May 12, 2010)]
[Notices]
[Pages 26773-26774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11340]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration


Public Readiness and Emergency Preparedness Act Countermeasures 
Injury Compensation Program, Procedures for Submitting a Letter of 
Intent To File Requests for Benefits

AGENCY: Health Resources and Services Administration, HHS.

ACTION: Notice.

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SUMMARY: The Secretary of Health and Human Services (HHS) announces 
procedures for submitting a Letter of Intent to File a Request for 
Benefits under the Countermeasures Injury Compensation Program (CICP). 
The CICP administers the compensation program authorized by the Public 
Readiness and Emergency Preparedness Act (PREP Act). The PREP Act 
provides compensation to individuals for serious physical injuries or 
deaths from pandemic, epidemic, or security countermeasures identified 
in declarations issued by the Secretary pursuant to section 319F-3(b) 
of the Public Health Service Act, as amended (42 U.S.C. 247d-6d, 247d-
6e). A PREP Act declaration by the Secretary of the Department of 
Health and Human Services specifies the countermeasures and the 
categories of health threats or conditions for which the 
countermeasures are recommended, the period liability protections are 
in effect, the population of individuals protected, and the geographic 
areas for which the protections are in effect.
    The CICP has not yet finalized the administrative policies and 
procedures

[[Page 26774]]

(i.e., regulations) that will govern the CICP. These administrative 
policies and procedures will include the necessary forms and 
instructions for filing a Request Package. Once these policies and 
procedures are developed, they will be published in the Federal 
Register as an Interim Final Rule, and the public will have an 
opportunity to provide comments. These materials will also be posted on 
the CICP Web site at http://www.hrsa.gov/countermeasurescomp. Until the 
regulation is finalized and the forms and instructions for filing are 
available, the CICP will continue to accept a Letter of Intent to File 
a Request for Benefits from people who wish to request for compensation 
under the CICP. For more information on how to submit a Letter of 
Intent to File a Request for Benefits with the CICP, or to obtain 
general Program information, please visit the CICP Web site above.

ADDRESSES: A Letter of Intent to File a Request for Benefits under the 
CICP must be mailed to the Health Resources and Services 
Administration, Countermeasures Injury Compensation Program, Request 
for Benefits, Room 11C-26, 5600 Fishers Lane, Rockville, Maryland 
20857.

DATES: The procedures established by this notice shall take effect 
immediately.

FOR FURTHER INFORMATION CONTACT: HRSA Call Center at 1-888-ASK-HRSA (1-
888-275-4772) or visit the CICP's Web site: http://www.hrsa.gov/countermeasurescomp.

SUPPLEMENTARY INFORMATION:

Introduction

    For the full text of the Act, individuals may consult the CICP Web 
site at http://www.hrsa.gov/countermeasurescomp/prep_act.htm.

Statutory Procedures

    Requesters must submit either a Letter of Intent to File a Request 
for Benefits or a Request Package no later than one (1) year from the 
date the covered countermeasure was administered or used. The forms and 
instructions for the submission of a Request Package will become 
available upon publication in the Federal Register of the policies and 
procedures that will govern the CICP. The timely submission of a Letter 
of Intent to File will meet the statutory requirement that a requester 
must file a Request for Benefits within the one-year time period.

Submission of a Letter of Intent To File a Request for Benefits

    Until the forms and instructions for filing are available, 
requesters must submit a Letter of Intent to File a Request for 
Benefits in order to meet the filing deadline. A Letter of Intent to 
File must include the following information:
     The name, current address and phone number of the 
Requester.
     The covered countermeasure received, the date it was 
received, the circumstances under which the covered countermeasure was 
received (e.g., clinical trial sponsored by the National Institutes of 
Health, or as part of routine healthcare), and the name of the 
countermeasure recipient if the Requester is filing a death claim.
    Although it is not required, a Requester may engage the services of 
an attorney or other representative to file the Request for Benefits on 
his or her behalf. However, the payment of fees and/or costs by the 
CICP of an attorney or other representative is not permitted.
    Upon receipt of the Letter of Intent to File a Request for 
Benefits, the CICP will respond with an acknowledgment letter. The 
acknowledgement letter will include a CICP case number assigned to the 
Letter of Intent. Thereafter, the Requester must notify the CICP of any 
change of address, phone number, or representative of record.
    The postmarked date of the Letter of Intent to File will be viewed 
as the date of filing a Request for Benefits for purposes of the one 
(1) year filing deadline. The CICP will notify Requesters once the 
regulation has been approved and published, and the forms and 
instructions for filing are available.

    Dated: May 5, 2010.
Mary K. Wakefield,
Administrator.
[FR Doc. 2010-11340 Filed 5-11-10; 8:45 am]
BILLING CODE 4165-15-P