The bells ring the names of the victims at the 20th Anniversary remembrance of the Sept. 11 terrorist attacks at the Flight 93 National Memorial on Sept. 11, 2021 in Shanksville, Pennsylvania. Jeff Swensen / Getty Images
HHS expands health benefits eligibility for 9/11 responders under new rule
The interim final rule, published on the 23rd anniversary of the terror attack, opens eligibility for the World Trade Center Health Program to resolve coverage gaps for Pentagon and Shanksville, Pennsylvania, responders.
A Health and Human Services Department program providing medical monitoring and treatment benefits to 9/11 responders and cleanup personnel is extending eligibility to new beneficiaries in an interim final rule published Wednesday.
Established in 2010 as part of the James Zadroga 9/11 Health and Compensation Act, the WTC Health Program provides health benefits to “eligible firefighters and related personnel, law enforcement officers, and rescue, recovery, and cleanup workers” who responded to the 9/11 attacks, as well as people present in the dust clouds following the attacks or worked, lived near or were in school near the World Trade Center site.
The rule — published in the Federal Register on the 23rd anniversary of the terror attack that killed nearly 3,000 at New York’s World Trade Center, the Pentagon and in Shanksville, Pennsylvania — aims to correct coverage gaps in the WTC Health Program by providing coverage to certain Defense Department and federal personnel, contractors and regular or reserve uniformed service members that responded to the attacks.
According to HHS officials, the program has enrolled 1,304 Pentagon responders and Shanksville, Pennsylvania responders since 2013, but in 2023, Congress found the coverage gap and amended the program as part of the fiscal 2024 National Defense Authorization Act.
Under the new criteria, responders to the Pentagon and Shanksville sites are eligible for coverage if they:
- were an employee of the DOD or any other Federal agency,
- worked during the period beginning on Sept. 11, 2001, and ending on Sept. 18, 2001, for a contractor of the DOD or any other Federal agency, or
- were a member of a regular or reserve component of the uniformed services
- “performed rescue, recovery, demolition, debris cleanup, or other related services” during the respective cleanup periods at the Pentagon or Shanksville, Pennsylvania sites.
The NDAA also stipulated that expanded Pentagon and Shanksville eligibility is capped at 500 personnel and excludes them from newly enrolled responders limitations previously established in the law.
HHS officials said by issuing an interim final rule that is effective Wednesday, they would allow eligible Pentagon and Shanksville responders to enroll for treatment benefits as soon as possible, rather than wait for the rulemaking process to play out.
“It would be contrary to the public interest to delay any longer than necessary these individuals' eligibility for treatment of health conditions that are found to be related to their 9/11 response activities,” the rule said. “Postponement of the implementation of the new eligibility criteria could result in harm to Pentagon and Shanksville responders currently coping with one or more health conditions covered by the WTC Health Program or who are at risk for developing such a condition. Thus, notice and comment procedures should be waived in the interest of protecting the health of these responders and allowing them to apply for enrollment in the WTC Health Program as soon as possible.”
However, the agency will also continue to accept written comments on any potential modifications that could be applied to the rule through Oct. 11.