PART 88—WORLD TRADE CENTER HEALTH PROGRAM Authority: 42 U.S.C. 300mm to 300mm-64. Source: 81 FR 90938, Dec. 15, 2016, unless otherwise noted. § 88.1 Definitions. Act Aggravating Certification Certified-eligible survivor Clinical Center of Excellence (CCE) (1) Uses an integrated, centralized health care provider approach to create a comprehensive suite of health services that are accessible to enrolled WTC responders, screening-eligible survivors, or certified-eligible survivors; (2) Has experience in caring for WTC responders and screening-eligible survivors, or includes health care providers who have received WTC Health Program training; (3) Employs health care provider staff with expertise that includes, at a minimum, occupational medicine, environmental medicine, trauma-related psychiatry and psychology, and social services counseling; and (4) Meets such other requirements as specified by the Administrator of the WTC Health Program. Data Center (1) Receive, analyze, and report to the Administrator of the WTC Health Program on data that have been collected and reported to the Data Center by the corresponding CCE(s); (2) Develop monitoring, initial health evaluation, and treatment protocols with respect to WTC-related health conditions; (3) Coordinate the outreach activities of the corresponding CCE; (4) Establish criteria for credentialing of medical providers participating in the Nationwide Provider Network; (5) Coordinate and administer the activities of the WTC Health Program Steering Committees; and (6) Meet periodically with the corresponding CCE(s) to obtain input on the analysis and reporting of data and on development of monitoring, initial health evaluation, and treatment protocols. Designated representative Federal agency Ground Zero Health condition medically associated with a WTC-related health condition Initial health evaluation Interested party List of WTC-Related Health Conditions Medical emergency Medically necessary treatment Monitoring Nationwide Provider Network (NPN) New York City disaster area New York metropolitan area NIOSH One (1) day Pentagon site Police department Scientific/Technical Advisory Committee Screening-eligible survivor September 11, 2001, terrorist attacks Shanksville, Pennsylvania site Staten Island Landfill Terrorist watch list Uniformed services WTC WTC Health Program WTC Health Program member WTC Program Administrator (Administrator of the WTC Health Program, or Administrator) WTC-related acute traumatic injury WTC-related health condition WTC-related musculoskeletal disorder WTC responder [81 FR 90938, Dec. 15, 2016, as amended at 89 FR 73600, Sept. 11, 2024] § 88.2 General provisions. (a) Designated representative. (2) There may be only one designated representative at any time. After one designated representative has been properly appointed, the WTC Health Program will not recognize another individual as the designated representative until the appointment of the previously designated representative is withdrawn in a signed writing. (3) A properly appointed designated representative who is recognized by the WTC Health Program may make a request or give direction to the WTC Health Program regarding the eligibility, certification, or any other administrative issue pertaining to the applicant or WTC Health Program member under the WTC Health Program, including appeals. Any notice requirement contained in this part or in the Act is fully satisfied if sent to the designated representative. (4) An applicant or WTC Health Program member may authorize any individual to represent him or her in regard to the WTC Health Program, unless that individual's service as a representative would violate any applicable provision of law (such as 18 U.S.C. 205 or 18 U.S.C. 208) or is otherwise prohibited by WTC Health Program policies and procedures or contract provisions. (5) A Federal employee may act as a representative only on behalf of the individuals specified in, and in the manner permitted by, 18 U.S.C. 203 and 18 U.S.C. 205. (6) If an applicant or screening-eligible or certified-eligible survivor is a minor, a parent or guardian may act on his or her behalf. (7) If an applicant or WTC Health Program member is a mentally incompetent adult, an individual authorized under state or other applicable law to act on the applicant's or member's behalf may act as his or her designated representative as described in this section. (b) Transportation and travel expenses. § 88.3 Eligibility—currently identified responders. (a) Responders who were identified as eligible for monitoring and treatment under the arrangements as in effect on January 2, 2011, between NIOSH and the consortium administered by Mount Sinai School of Medicine in New York City and the Fire Department, City of New York, are enrolled in the WTC Health Program. (1) No individual who is determined to be a positive match to the terrorist watch list maintained by the Federal government will be considered to be enrolled in the WTC Health Program. (2) [Reserved] (b) WTC responders identified as enrolled under this section are not required to submit an application to the WTC Health Program. § 88.4 Eligibility criteria—WTC responders. (a) Responders to the New York City disaster area who have not been previously identified as eligible as provided for under § 88.3 of this part may apply for enrollment in the WTC Health Program on or after July 1, 2011. Such individuals must meet the criteria in one of the following categories to be considered eligible for enrollment: (1) Firefighters and related personnel must meet the criteria specified in paragraph (a)(1)(i) or (ii) of this section: (i) The individual was an active or retired member of the Fire Department, City of New York (whether firefighter or emergency personnel), and participated at least 1 day in the rescue and recovery effort at any of the former World Trade Center sites (including Ground Zero, the Staten Island Landfill, or the New York City Chief Medical Examiner's Office), during the period beginning on September 11, 2001, and ending on July 31, 2002; or (ii) The individual is: (A) A surviving immediate family member of an individual who was an active or retired member of the Fire Department, City of New York (whether firefighter or emergency personnel), who was killed at Ground Zero on September 11, 2001, and (B) Received any treatment for a WTC-related mental health condition on or before September 1, 2008. (2) Law enforcement officers and WTC rescue, recovery, and cleanup workers must meet the criteria specified in paragraph (a)(2)(i) or (ii) of this section: (i) The individual worked or volunteered onsite in rescue, recovery, debris cleanup, or related support services in lower Manhattan (south of Canal Street), the Staten Island Landfill, or the barge loading piers, for at least: (A) 4 hours during the period beginning on September 11, 2001, and ending on September 14, 2001; or (B) 24 hours during the period beginning on September 11, 2001, and ending on September 30, 2001; or (C) 80 hours during the period beginning on September 11, 2001, and ending on July 31, 2002. (ii) The individual was an active or retired member of the New York City Police Department or an active or retired member of the Port Authority Police of the Port Authority of New York and New Jersey who participated onsite in rescue, recovery, debris cleanup, or related support services, for at least: (A) 4 hours during the period beginning September 11, 2001, and ending on September 14, 2001, in lower Manhattan (south of Canal Street), including Ground Zero, the Staten Island Landfill, or the barge loading piers; or (B) 1 day beginning on September 11, 2001, and ending on July 31, 2002, at Ground Zero, the Staten Island Landfill, or the barge loading piers; or (C) 24 hours during the period beginning on September 11, 2001, and ending on September 30, 2001, in lower Manhattan (south of Canal Street); or (D) 80 hours during the period beginning on September 11, 2001, and ending on July 31, 2002, in lower Manhattan (south of Canal Street). (3) Office of the Chief Medical Examiner of New York City employee. The individual was an employee of the Office of the Chief Medical Examiner of New York City involved in the examination and handling of human remains from the WTC attacks, or other morgue worker who performed similar post-September 11 functions for such Office staff, during the period beginning on September 11, 2001, and ending on July 31, 2002. (4) Port Authority Trans-Hudson Corporation Tunnel worker. The individual was a worker in the Port Authority Trans-Hudson Corporation Tunnel for at least 24 hours during the period beginning on February 1, 2002, and ending on July 1, 2002. (5) Vehicle-maintenance worker. The individual was a vehicle-maintenance worker who was exposed to debris from the former World Trade Center while retrieving, driving, cleaning, repairing, and maintaining vehicles contaminated by airborne toxins from the September 11, 2001, terrorist attacks; and conducted such work for at least 1 day during the period beginning on September 11, 2001, and ending on July 31, 2002. (b) Responders to the Pentagon site of the September 11, 2001, terrorist attacks, may apply for enrollment in the WTC Health Program. Individuals must meet the criteria in paragraphs (b)(1) through (3) of this section to be considered eligible for enrollment. (1) The individual was one of the following: (i) An active or retired member of a fire or police department (fire or emergency personnel); (ii) Worked for a recovery or cleanup contractor; (iii) A volunteer; (iv) An employee of the Department of Defense or any other Federal agency; (v) Worked for a contractor of the Department of Defense or any other Federal agency during the period beginning on September 11, 2001, and ending on September 18, 2001; or (vi) A member of a regular or reserve component of the uniformed services; (2) The individual performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the September 11, 2001, terrorist attacks; and (3) The individual performed the activities in paragraph (b)(2) of this section for at least 1 day beginning September 11, 2001, and ending on November 19, 2001. (c) Responders to the Shanksville, Pennsylvania site of the September 11, 2001, terrorist attacks, may apply for enrollment in the WTC Health Program. Individuals must meet the criteria in paragraphs (c)(1) through (3) of this section to be considered eligible for enrollment: (1) The individual was one of the following: (i) An active or retired member of a fire or police department (fire or emergency personnel); (ii) Worked for a recovery or cleanup contractor; (iii) A volunteer; (iv) An employee of the Department of Defense or any other Federal agency; (v) Worked for a contractor of the Department of Defense or any other Federal agency during the period beginning on September 11, 2001, and ending on September 18, 2001; or (vi) A member of a regular or reserve component of the uniformed services; (2) The individual performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania site of the September 11, 2001, terrorist attacks; and (3) The individual performed the activities in paragraph (c)(2) of this section for at least 1 day beginning September 11, 2001, and ending on October 3, 2001. (d) [Reserved] (e) The WTC Health Program will maintain a list of WTC responders. [81 FR 90938, Dec. 15, 2016, as amended at 89 FR 73600, Sept. 11, 2024] § 88.5 Application process—WTC responders. (a) An application to the WTC Health Program based on the criteria in § 88.4 must be submitted with documentation of the applicant's employment affiliation (if relevant) and work activity during the dates, times, and locations specified in § 88.4 (1) Documentation may include but is not limited to a pay stub; official personnel roster; a written statement, under penalty of perjury by an employer; site credentials; or similar documentation. (2) An applicant who is unable to submit the required documentation must instead offer a written explanation of how he or she tried to obtain proof of presence, residence, or work activity and why the attempt was unsuccessful. The applicant must attest, under penalty of perjury, that he or she meets the criteria specified in § 88.4. (b) The application and supporting documentation must be submitted to the WTC Health Program for consideration. (c) The WTC Health Program will notify the applicant in writing (or by email if an email address is provided by the applicant) of any deficiencies in the application or the supporting documentation. § 88.6 Enrollment decision—WTC responders. (a) Enrollment priority. (b) Enrollment eligibility. (c) Denial of enrollment. (2) The WTC Health Program may deny enrollment of a responder who is otherwise eligible and qualified if the Act's numerical limitations for newly enrolled responders have been met. (i) No more than the number of WTC responders specified in the Act, as amended, other than those enrolled pursuant to §§ 88.3, 88.4(a)(1)(ii), 88.4(b)(1)(iv) through (vi), and 88.4(c)(1)(iv) through (vi), may be enrolled at any time. (ii) No more than 500 WTC responders meeting the eligibility criteria in §§ 88.4(b)(1)(iv) through (vi) and 88.4(c)(1)(iv) through (vi) may be enrolled at any time. (iii) The Administrator of the WTC Health Program may decide, based on the best available evidence, that sufficient funds are available under the Act to provide treatment and monitoring only for individuals who are already enrolled as WTC responders at that time. (3) No individual who is determined to be a positive match to the terrorist watch list maintained by the Federal government may qualify to be enrolled or be determined to be eligible for the WTC Health Program. (d) Notification of enrollment decision. (2) If the WTC Health Program decides that an applicant is denied enrollment, the written notification will include an explanation, as appropriate, for the decision to deny enrollment and inform the applicant of the right to appeal the initial denial of eligibility and provide instructions on how to file an appeal. [81 FR 90938, Dec. 15, 2016, as amended at 89 FR 73601, Sept. 11, 2024] § 88.7 Eligibility—currently identified survivors. (a) Survivors who have been identified as eligible for medical treatment and monitoring as of January 2, 2011, are considered certified-eligible in the WTC Health Program. (1) No individual who is determined to be a positive match to the terrorist watch list maintained by the Federal government will be considered to be a certified-eligible survivor in the WTC Health Program. (2) [Reserved] (b) Survivors identified as certified-eligible under this section are not required to submit an application to the WTC Health Program. § 88.8 Eligibility criteria—WTC survivors. (a) Criteria for status as a screening-eligible survivor. An individual who is not a WTC responder, claims symptoms of a WTC-related health condition, and who has not been previously identified as eligible under § 88.7 may apply to the WTC Health Program on or after July 1, 2011, for a determination of eligibility for an initial health evaluation. (1) The WTC Health Program will determine an applicant's eligibility for an initial health evaluation based on one of the following criteria: (i) The screening applicant was present in the dust or dust cloud in the New York City disaster area on September 11, 2001. (ii) The screening applicant worked, resided, or attended school, childcare, or adult daycare in the New York City disaster area, for at least: (A) 4 days during the period beginning on September 11, 2001, and ending on January 10, 2002; or (B) 30 days during the period beginning on September 11, 2001, and ending on July 31, 2002. (iii) The screening applicant worked as a cleanup worker or performed maintenance work in the New York City disaster area during the period beginning on September 11, 2001, and ending on January 10, 2002, and had extensive exposure to WTC dust as a result of such work. (iv) The screening applicant: (A) Was deemed eligible to receive a grant from the Lower Manhattan Development Corporation Residential Grant Program; (B) Possessed a lease for a residence or purchased a residence in the New York City disaster area; and (C) Resided in such residence during the period beginning on September 11, 2001, and ending on May 31, 2003. (v) The screening applicant is an individual whose place of employment— (A) At any time during the period beginning on September 11, 2001, and ending on May 31, 2003, was in the New York City disaster area; and (B) Was deemed eligible to receive a grant from the Lower Manhattan Development Corporation WTC Small Firms Attraction and Retention Act program or other government incentive program designed to revitalize the lower Manhattan economy after the September 11, 2001, terrorist attacks. (2) [Reserved] (b) Criteria for status as a certified-eligible survivor. Survivors who have been determined to have screening-eligible status under § 88.10(a), may seek status as a certified-eligible survivor. Status as a certified-eligible survivor is based on a certification by the WTC Health Program that, pursuant to an initial health evaluation, the screening-eligible survivor has a WTC-related health condition and is eligible for follow-up monitoring and treatment. (c) The WTC Health Program will maintain a list of screening-eligible and certified-eligible survivors. § 88.9 Application process—WTC survivors. (a) Application for status as a screening-eligible survivor. (1) Documentation may include but is not limited to: Proof of residence, such as a lease or utility bill; attendance roster at a school or daycare; or pay stub, other employment documentation, or written statement, under penalty of perjury, by an employer indicating employment location during the relevant time period; or similar documentation. The applicant must also attest to symptoms of a WTC-related health condition. (2) An applicant who is unable to submit the required documentation must instead offer a written explanation of how he or she tried to obtain proof of location, presence, or residence, and/or work activity and why the attempt was unsuccessful. The applicant must attest, under penalty of perjury, that he or she meets the criteria specified in § 88.8. (3) The applicant will be notified of any deficiencies in the application or the supporting documentation. (b) Status as a certified-eligible survivor. see § 88.10 Enrollment decision—screening-eligible survivors. (a) The WTC Health Program will decide if the applicant meets the screening-eligible survivor criteria pursuant to § 88.8(a) and is qualified, and notify the applicant of the enrollment decision in writing within 60 calendar days of the date of receipt of the application. The 60-day time period will not include any days during which the applicant is correcting deficiencies in the application or supporting documentation. (b) If the WTC Health Program decides that an applicant is denied enrollment, the written notification will include an explanation for the decision to deny enrollment and inform the applicant of the right to appeal the enrollment denial and provide instructions on how to file an appeal. (1) The WTC Health Program may deny screening-eligible survivor status if the applicant is ineligible under the criteria specified in § 88.8(a). (2) The WTC Health Program may deny screening-eligible survivor status if the numerical limitation on certified-eligible survivors in § 88.12(b)(3)(i) has been met. (3) No individual who is determined to be a positive match to the terrorist watch list maintained by the Federal government may qualify to be a screening-eligible survivor in the WTC Health Program. § 88.11 Initial health evaluation for screening-eligible survivors. (a) A CCE or an NPN-affiliated physician will provide the screening-eligible survivor an initial health evaluation to determine if the individual has a WTC-related health condition. (b) The WTC Health Program will provide only one initial health evaluation per screening-eligible survivor. The individual may request additional health evaluations at his or her own expense. (c) If the physician determines that the screening-eligible survivor has a WTC-related health condition, the physician will promptly transmit to the WTC Health Program his or her determination, consistent with the requirements of § 88.17(a). § 88.12 Enrollment decision—certified-eligible survivors. (a) The WTC Health Program will prioritize certification requests in the order in which they are received. (b) The WTC Health Program will review the physician's determination, render a decision regarding certification of the individual's WTC-related health condition, and notify the individual of the decision and the reason for the decision in writing, pursuant to §§ 88.17 and 88.18. (1) If the individual is a screening-eligible survivor and the individual's condition is certified as a WTC-related health condition, the individual will automatically receive the status of a certified-eligible survivor. (2) If a screening-eligible survivor's condition is not certified as a WTC-related health condition pursuant to §§ 88.17 and 88.18, the WTC Health Program will deny certified-eligible status. The screening-eligible survivor may appeal the decision to deny certification, as provided under § 88.21. (3) The WTC Health Program may deny certified-eligible survivor status of an otherwise eligible and qualified screening-eligible survivor if the Act's numerical limitations for certified-eligible survivors have been met. (i) No more than the number of individuals specified in the Act, as amended, other than those described in § 88.7, may be determined to be certified-eligible survivors at any time. (ii) The Administrator of the WTC Health Program may decide, based on the best available evidence, that sufficient funds are available under the Act to provide treatment and monitoring only for individuals who have already been certified as certified-eligible survivors at that time. (4) No individual who is determined to be a positive match to the terrorist watch list maintained by the Federal government may qualify to be a certified-eligible survivor in the WTC Health Program. [81 FR 90938, Dec. 15, 2016, as amended at 89 FR 73601, Sept. 11, 2024] § 88.13 Disenrollment. (a) The disenrollment of a WTC Health Program member may be initiated by the WTC Health Program in the following circumstances: (1) The WTC Health Program mistakenly enrolled an individual under § 88.4 (WTC responders) or § 88.8 (screening-eligible survivors) who did not provide sufficient proof of eligibility consistent with the required eligibility criteria; or (2) The WTC Health Program member's enrollment was based on incorrect or fraudulent information. (b) The disenrollment of a WTC Health Program member may be initiated by the enrollee for any reason. (c) A disenrolled WTC Health Program member will be notified in writing by the WTC Health Program of a disenrollment decision, provided an explanation, as appropriate, for the decision, and provided information on how to appeal the decision. A disenrolled WTC Health Program member disenrolled pursuant to paragraph (a) may appeal the disenrollment decision in accordance with § 88.14. (d) A disenrolled WTC Health Program member who has been disenrolled in accordance with paragraphs (a) or (b) of this section may seek to re-enroll in the WTC Health Program using the application and enrollment procedures, provided that the application is supported by new information. § 88.14 Appeal of enrollment or disenrollment decision. (a) Right to appeal. (b) Appeal request. (2) A valid request for an appeal must: (i) Be made in writing and signed; (ii) Identify the denied applicant or disenrolled WTC Health Program member and designated representative (if applicable); (iii) Describe the decision being appealed and state the reasons why the denied applicant, disenrolled WTC Health Program member, or designated representative believes the enrollment denial or disenrollment was incorrect and should be reversed. The appeal request may include relevant new information not previously considered by the WTC Health Program; and (iv) Be sent to the WTC Health Program at the address specified in the notice of denial or disenrollment. (3) Where the denial or disenrollment is based on information from the terrorist watch list, the appeal will be forwarded to the appropriate Federal agency. (c) Appeal process. (1) The Federal Official may consider additional relevant new information submitted by the denied applicant, disenrolled WTC Health Program member, or designated representative. (2) The Federal Official will provide his or her recommendation regarding the disposition of the appeal, including his or her findings and any supporting materials, to the Administrator. (d) Final decision and notification. (1) The recommendation and findings made by the Federal Official as a result of the review; (2) The Administrator's final decision on the appeal; (3) An explanation of the reason(s) for the Administrator's final decision on the appeal; and (4) Any administrative actions taken by the WTC Health Program in response to the Administrator's final decision. § 88.15 List of WTC-Related Health Conditions. WTC-related health conditions include the following disorders and conditions: (a) Aerodigestive disorders: (1) Interstitial lung diseases. (2) Chronic respiratory disorder—fumes/vapors. (3) Asthma. (4) Reactive airways dysfunction syndrome (RADS). (5) WTC-exacerbated and new-onset chronic obstructive pulmonary disease (COPD). (6) Chronic cough syndrome. (7) Upper airway hyperreactivity. (8) Chronic rhinosinusitis. (9) Chronic nasopharyngitis. (10) Chronic laryngitis. (11) Gastroesophageal reflux disorder (GERD). (12) Sleep apnea exacerbated by or related to a condition described in preceding paragraphs (a)(1) through (11) of this section. (b) Mental health conditions: (1) Posttraumatic stress disorder (PTSD). (2) Major depressive disorder. (3) Panic disorder. (4) Generalized anxiety disorder. (5) Anxiety disorder (not otherwise specified). (6) Depression (not otherwise specified). (7) Acute stress disorder. (8) Dysthymic disorder. (9) Adjustment disorder. (10) Substance abuse. (c) Musculoskeletal disorders: (1) WTC-related musculoskeletal disorder is a chronic or recurrent disorder of the musculoskeletal system caused by heavy lifting or repetitive strain on the joints or musculoskeletal system occurring during rescue or recovery efforts in the New York City disaster area in the aftermath of the September 11, 2001, terrorist attacks. For a WTC responder who received any treatment for a WTC-related musculoskeletal disorder on or before September 11, 2003, such a health condition includes: (i) Low back pain. (ii) Carpal tunnel syndrome (CTS). (iii) Other musculoskeletal disorders. (2) [Reserved]. (d) Cancers: (1) Malignant neoplasms of the lip; tongue; salivary gland; floor of mouth; gum and other mouth; tonsil; oropharynx; hypopharynx; and other oral cavity and pharynx. (2) Malignant neoplasm of the nasopharynx. (3) Malignant neoplasms of the nose; nasal cavity; middle ear; and accessory sinuses. (4) Malignant neoplasm of the larynx. (5) Malignant neoplasm of the esophagus. (6) Malignant neoplasm of the stomach. (7) Malignant neoplasms of the colon and rectum. (8) Malignant neoplasms of the liver and intrahepatic bile duct. (9) Malignant neoplasms of the retroperitoneum and peritoneum; omentum; and mesentery. (10) Malignant neoplasms of the trachea; bronchus and lung; heart, mediastinum and pleura; and other ill-defined sites in the respiratory system and intrathoracic organs. (11) Mesothelioma. (12) Malignant neoplasms of the peripheral nerves and autonomic nervous system; and other connective and soft tissue. (13) Malignant neoplasms of the skin (melanoma and non-melanoma), including scrotal cancer. (14) Malignant neoplasm of the female breast. (15) Malignant neoplasms of corpus uteri and uterus, part unspecified. (16) Malignant neoplasm of the ovary. (17) Malignant neoplasm of the prostate. (18) Malignant neoplasm of the urinary bladder. (19) Malignant neoplasm of the kidney. (20) Malignant neoplasms of the renal pelvis; ureter; and other urinary organs. (21) Malignant neoplasms of the eye and orbit. (22) Malignant neoplasm of the thyroid. (23) Malignant neoplasms of the blood and lymphoid tissues (including, but not limited to, lymphoma, leukemia, and myeloma). (24) Childhood cancers: any type of cancer diagnosed in a person less than 20 years of age. (25) Rare cancers: any type of cancer 1 1 See et al. Cancer in North America: 2005-2009. Volume One: Combined Cancer Incidence for the United States, Canada and North America, (e) Acute traumatic injuries: (1) WTC-related acute traumatic injury is physical damage to the body caused by and occurring immediately after a one-time exposure to energy, such as heat, electricity, or impact from a crash or fall, resulting from a specific event or incident. For a WTC responder or screening-eligible or certified-eligible survivors who received any medical treatment for a WTC-related acute traumatic injury on or before September 11, 2003, such a health condition includes: (i) Eye injury. (ii) Burn. (iii) Head trauma. (iv) Fracture. (v) Tendon tear. (vi) Complex sprain. (vii) Other similar acute traumatic injuries. (2) [Reserved] [81 FR 90938, Dec. 15, 2016, as amended at 88 FR 2858, Jan. 18, 2023] § 88.16 Addition of health conditions to the List of WTC-Related Health Conditions. (a) Any interested party may submit a request to the Administrator of the WTC Health Program to add a condition to the List of WTC-Related Health Conditions in § 88.15. The Administrator will evaluate the submission to decide whether it is a valid petition. (1) Each valid petition must include the following: (i) An explicit statement of an intent to petition the Administrator to add a health condition to the List of WTC-Related Health Conditions; (ii) Name, contact information, and signature of the interested party petitioning for the addition; (iii) Name and/or description of the condition(s) to be added; (iv) Reasons for adding the condition(s), including the medical basis for the association between the September 11, 2001, terrorist attacks and the condition(s) to be added. (2) Not later than 90 calendar days after the receipt of a valid petition, the Administrator will take one of the following actions: (i) Request a recommendation of the WTC Health Program Scientific/Technical Advisory Committee; (ii) Publish in the Federal Register (iii) Publish in the Federal Register (iv) Publish in the Federal Register (3) The 90-day time period will not include any days during which the Administrator is consulting with the interested party to clarify the submission. (4) The Administrator may consider more than one petition simultaneously when the petitions propose the addition of the same health condition. Scientific/Technical Advisory Committee recommendations and Federal Register (5) The Administrator will be required to consider a submission for a health condition previously reviewed by the Administrator and found not to qualify for addition to the List of WTC-Related Health Conditions as a valid new petition only if the submission presents a new medical basis ( i.e., Federal Register Federal Register (b) The Administrator may propose to add a condition to the List of WTC-Related Health Conditions in § 88.15 of this part by publishing a proposed rule in the Federal Register (1) If the Administrator requests a recommendation from the WTC Health Program Scientific/Technical Advisory Committee, the Advisory Committee will submit its recommendation to the Administrator no later than 90 calendar days after the date of the transmission of the request or no later than a date specified by the Administrator (but not more than 180 calendar days after the request). The Administrator will publish a proposed rule or a decision not to publish a proposed rule in the Federal Register (2) Before issuing a final rule to add a health condition to the List of WTC-Related Health Conditions, the Administrator will provide for an independent peer review of the scientific and technical evidence that would be the basis for issuing such final rule. § 88.17 Physician's determination of WTC-related health conditions. (a) A physician affiliated with either a CCE or NPN will promptly transmit to the WTC Health Program a determination that a member's exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001, terrorist attacks is substantially likely to be a significant factor in aggravating, contributing to, or causing the illness or health condition, including a mental health condition. The transmission will also include the basis for such determination. The physician's determination will be made based on an assessment of the following: (1) The individual's exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001, terrorist attacks. (2) The type of symptoms experienced by the individual and the temporal sequence of those symptoms. (b) For a health condition medically associated with a WTC-related health condition, the physician's determination must contain information establishing how the health condition has resulted from treatment of a previously certified WTC-related health condition or how it has resulted from progression of the certified WTC-related health condition. § 88.18 Certification. (a) WTC-related health condition. (b) Health condition medically associated with a WTC-related health condition. (1) In the course of review, the WTC Health Program may seek a recommendation about certification from a physician panel with appropriate expertise for the condition. (2) [Reserved] (c) Appeal right. § 88.19 Decertification. (a) The decertification of a WTC Health Program member's certified WTC-related health condition or health condition medically associated with a WTC-related health condition may be initiated by the WTC Health Program in the following circumstances: (1) The WTC Health Program finds that the member's exposure is inadequate or is otherwise not covered; (2) The WTC Health Program finds that the member's certified WTC-related health condition was certified in error or erroneously considered to have been aggravated, contributed to, or caused by exposure to airborne toxins, any other hazard, or any other adverse condition resulting from the September 11, 2001, terrorist attacks, pursuant to § 88.17(a); or (3) The WTC Health Program finds that the member's health condition was erroneously determined to be medically associated with a WTC-related health condition, pursuant to § 88.17(b). (b) A WTC Health Program member will be notified in writing by the WTC Health Program of a decertification decision, provided an explanation, as appropriate, for the decision, and provided information on how to appeal the decision. A WTC Health Program member whose WTC-related health condition or health condition medically associated with a WTC-related health condition is decertified may appeal the decertification decision in accordance with § 88.21 of this part. § 88.20 Authorization of treatment. (a) Generally. (b) Standard for determining medical necessity. (c) Treatment pending certification. § 88.21 Appeal of certification, decertification, or treatment authorization decision. (a) Right to appeal. (1) To deny certification of a health condition as a WTC-related health condition; (2) To deny certification of a health condition as medically associated with a WTC-related health condition; (3) To decertify a WTC-related health condition or a health condition medically associated with a WTC-related health condition; or (4) To deny authorization of treatment for a certified health condition based on a finding that the treatment is not medically necessary. (b) Appeal request. (2) A valid request for an appeal must: (i) Be made in writing and signed; (ii) Identify the member and designated representative (if applicable); (iii) Describe the decision being appealed and the reason(s) why the member or designated representative believes the decision is incorrect and should be reversed. The description may include, but is not limited to, the following: Scientific or medical information correcting factual errors that may have been submitted to the WTC Health Program by the CCE or NPN; information demonstrating that the WTC Health Program did not correctly follow or apply relevant WTC Health Program policies or procedures; or any information demonstrating that the WTC Health Program's decision was not reasonable given the facts of the case. The basis provided in the appeal request must be sufficiently detailed and supported by information to permit a review of the appeal. Any new information not previously considered by the WTC Health Program must be included with the appeal request, unless later requested by the WTC Health Program; and (iv) Be sent to the WTC Health Program at the address specified in the notice of denial. (3) The appeal request may also state an intent to make a 15-minute oral statement by telephone. The WTC Health Program member or designated representative will have a second opportunity to schedule an oral statement after being contacted by the WTC Health Program regarding the appeal. (c) Appeal process. (1) In conducting his or her review, the Federal Official will review the case record, including any oral statement made by the WTC Health Program member or the member's designated representative, as well as additional relevant new information submitted with the appeal request or provided by the WTC Health Program member or the member's designated representative at the request of the WTC Health Program. (2) The Federal Official may consult one or more qualified experts to review the WTC Health Program's decision and any additional information provided by the WTC Health Program member or the member's designated representative. The expert reviewer(s) will submit their findings to the Federal Official. (3) The Federal Official will provide his or her recommendation regarding the disposition of the appeal, including his or her findings and any supporting materials (including the transcript of any oral statement and any expert reviewers' findings), to the Administrator. (d) Final decision and notification. (1) The recommendation and findings made by the Federal Official as a result of the review; (2) The Administrator's final decision on the appeal; (3) An explanation of the reason(s) for the Administrator's final decision on the appeal; and (4) Any administrative actions taken by the WTC Health Program in response to the Administrator's final decision. § 88.22 Reimbursement for medical treatment and services. (a) Review of claims. (b) Initial health evaluations, medical monitoring, and medically necessary treatment. et seq., (i) The Administrator will reimburse a CCE or NPN-affiliated provider for treatment for which FECA rates have not been established pursuant to the applicable Medicare fee for service rate, as determined appropriate by the Administrator. (ii) The Administrator will reimburse a CCE or NPN-affiliated provider for treatment for which neither FECA nor Medicare fee for service rates have been established, at rates as determined appropriate by the Administrator. (2) If the treatment is determined not to be medically necessary or is inconsistent with WTC Health Program protocols, the Administrator will withhold reimbursement. (c) Outpatient prescription pharmaceuticals. § 88.23 Appeal of reimbursement denial. After exhausting procedural and/or contractual administrative remedies, a CCE or NPN medical director or affiliated provider may submit a written appeal of a WTC Health Program decision to withhold reimbursement or payment for treatment found to be not medically necessary or not in accordance with approved WTC Health Program medical treatment protocols pursuant to § 88.20 of this part. Appeal procedures are published on the WTC Health Program Web site. § 88.24 Coordination of benefits and recoupment. The WTC Health Program will attempt to recover the cost of payment for treatment, including pharmacy benefits, for a WTC Health Program member's certified WTC-related health condition or health condition medically associated with a WTC-related health condition by coordinating benefits with any workers' compensation insurance available 2 3 2 See 3 (a) Where a WTC Health Program member's WTC-related health condition or health condition medically associated with a WTC-related health condition is eligible for workers' compensation or another illness or injury benefit plan to which New York City is obligated to pay, the WTC Health Program is the primary payer. (b) Where a WTC Health Program member has filed a workers' compensation claim for a WTC-related health condition or health condition medically associated with a WTC-related health condition and the claim is pending, the WTC Health Program is the primary payer; however, if the claim is ultimately accepted by the workers' compensation board, the workers' compensation insurer in question is responsible for reimbursing the WTC Health Program for any treatment provided and/or paid for during the pendency of the claim. (c) Where a WTC Health Program member has filed a workers' compensation claim for a WTC-related health condition or health condition medically associated with a WTC-related health condition, but a final decision is issued denying the compensation for the claim, the WTC Health Program is the primary payer. (d) Where a WTC Health Program member has filed a workers' compensation claim for a WTC-related health condition or health condition medically associated with a WTC-related health condition with a workers' compensation plan to which New York City is not obligated to pay, the workers' compensation insurer is the primary payer. The WTC Health Program is the secondary payer. (1) If a WTC Health Program member settles a workers' compensation claim by entering into a settlement agreement that releases the employer or insurance carrier from paying for future medical care, the settlement must protect the interests of the WTC Health Program. This may include setting aside adequate funds to pay for future medical expenses, as required by the WTC Health Program, which would otherwise have been paid by workers' compensation. In such situations, the WTC Health Program may require reimbursement for treatment services of a WTC-related health condition or health condition medically associated with a WTC-related health condition directly from the member. (2) The WTC Health Program will pay providers for treatment in accordance with § 88.22(b); to the extent that the workers' compensation insurance pays for treatment at a lower rate, the WTC Health Program will recoup treatment costs at the workers' compensation insurance rate. (e) Where a WTC Health Program member's WTC-related health condition or health condition medically associated with a WTC-related health condition is not work-related, the WTC Health Program member's public or private health insurance plan is the primary payer. The WTC Health Program will pay costs not reimbursed by the public or private health insurance plan due to the application of deductibles, co-payments, co-insurance, other cost sharing arrangements, or payment caps up to and in accordance with the rates described in § 88.22(b). (f) Any coordination of benefits or recoupment situation not described in paragraphs (a) through (e) of this section will be handled pursuant to WTC Health Program policies and procedures, as found on the WTC Health Program Web site. § 88.25 Reopening of WTC Health Program final decisions. At any time, and without regard to whether new evidence or information is provided or obtained, the Administrator of the WTC Health Program may reopen any final decision made by the WTC Health Program pursuant to the provisions of this part. The Administrator may affirm, vacate, or modify such decision, or take any other action he or she deems appropriate.