HHS Contracting Help to Support the Vaccine Injury Compensation Program (VICP)

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Description The contractor shall provide medical expert services and medical review /case managers for the National Vaccine Injury Compensation Program (VICP).

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I. Background Blanket Purchase Agreement (BPA) Vaccine Injury Compensation Program (VICP) Countermeasures Injury Compensation Program (CICP) Medical Expert Witness Medical Case Reviewers Revised 1/25/2022 The Health Resources and Services Administration (HRSA) National Vaccine Injury Compensation Program (VICP) has two Federal programs that provide compensation to people found to be injured by certain vaccines or countermeasures;

1. The VICP is a no-fault alternative to the traditional legal system for resolving vaccine injury petitions. Authorizing Legislation – Public Health Service Act, Title XXI, Subtitle 2 Parts A and D, Sections 2110-19 and 2131-31. To compensate those found to be injured by childhood vaccines, congress enacted the National Childhood Vaccine Injury Act of 1986 (Public Law 99-660) October 1, 1988. Several amendments to this law expanded the VICP’s coverage to include new categories of vaccines that previously were not covered by the VICP: vaccines recommended by the CDC for routine administration to pregnant women (but not for routine administration in children) and subject to a federal excise tax. See Section 3093(c) (1) of P.L. 114-255. To find out more about the vaccine injury program visit the website at; LINK

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2. The Countermeasures Injury Compensation Program (CICP) provides compensation to eligible individuals for serious physical injuries or death directly caused by the administration or use of pandemic, epidemic, or security countermeasures identified in declarations issued by the Secretary of the U.S. Department of Health and Human Services (HHS) pursuant to section 319F-3(b) of the PHS Act (42 US.C 247d-6d). Since 2010, the CICP has provided compensation for serious injuries that occur as the result of the administration or use of certain countermeasures.

Compensation may include unreimbursed medical expenses (expenses that health insurance did not cover), lost employment income, and the survivor death benefit. To find out more about the CICP program visit the website at LINK

The CICP Administrative Implementation, Final Rule (FR) allows the CICP to evaluate and process requests for benefits filed by individuals who experienced serious physical injuries as a direct result of the administration or use of covered countermeasures identified by the HHS Secretary in declarations issued under the Public Readiness and Emergency Preparedness or, PREP Act.

• Receives all medical records from each health care provider and generally all of the medical records from one year before the administration or use of the covered countermeasure to the present time.

• Is the payer of last resort and only covers expenses or provides benefits that other third- party payers, such as health insurance, the Department of Veterans Affairs, or Workers’ Compensation programs have no obligation to pay. Depending on the type of petition filed, such as injuries, disabilities, illnesses, conditions, and deaths resulting from vaccines, would determine the medical specialists required for medical case review of petition and documents.

HRSA contracts with medical experts and reviewers to perform these tasks. The Medical Expert serves in reviewing medical case files (petition, medical records affidavits, and depositions provided by the Petitioner) for assessment of merit, liability, damages and standard of care deviations. Although, the medical expert panel is limited to actively practicing board- certified physicians willing to testify to support an unbiased opinion. The Medical Case Reviewer serves as in reviewing medical case files (petition, medical records affidavits, and depositions provided by the Petitioner) for assessment of merit, liability, damages and standard of care deviations.

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COVID-19 Claims For claims associated with the COVID-19 vaccine or other COVID-19 related countermeasures, please file your Request for Benefits with the Countermeasures Injury Compensation Program.

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What is a countermeasure?

A countermeasure is a vaccination, medication, device, or other item recommended to diagnose, prevent or treat a declared pandemic, epidemic or security threat. On the rare chance you suffered a serious injury, or the death of a loved one, from the administration or use of a covered countermeasure, you may qualify for benefits. Federal declarations issued by the Secretary of the U.S. Department of Health and Human Services specify the countermeasures covered by the Program.

Please review the “Covered Countermeasures” section of a declaration to determine the types of medical countermeasures that are covered by the CICP. Declarations have been issued for medical countermeasures against the following.
COVID-19
Marburg Ebola
Nerve Agents and Certain Insecticides (Organophophorus and/or Carbamate)
Zika
Pandemic Influenza
Anthrax
Acute Radiation Syndrome
Botulinum Toxin
Smallpox

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