Vaccine Injury Compensation Technical Amendments of 1989

Summary

Vaccine Injury Compensation Technical Amendments of 1989 - Amends title XXI (Vaccines) of the Public Health Service Act to direct the Secretary of Health and Human Services to inform the public of the availability of the National Vaccine Injury Compensation Program. Makes miscellaneous changes affecting the procedures to be followed and compensation available under the Program. Grants the U.S. Claims Court and the U.S. Claims Court special masters (currently, the U.S. Claims Court) jurisdiction over proceedings to determine entitlement to compensation under the Program. Establishes within the U.S. Claims Court an office of special masters. Provides for the appointment, removal, terms of office, compensation, and functioning of the special masters, and for the responsibilities of the chief special master. Requires the special masters to promulgate rules providing for: (1) a less-adversarial, expeditious, and informal proceeding; (2) flexible and informal admissibility standards; (3) summary judgment; (4) the opportunity to submit arguments and evidence on the record without routine use of oral presentations, cross examinations, or hearings; and (5) limitations on discovery and allowing the special masters to replace the usual rules of discovery in civil actions in the Claims Court. Provides for the responsibility and authority of the special masters. Prohibits discovery other than that required by the special master. Provides for the disclosure and protection from disclosure of certain types of information involved in a proceeding. Allows payment of compensation under the Program to be used as ordered by the special master to purchase an annuity or otherwise used, with the consent of the petitioner, as determined by the special master to be in the best interests of the petitioner. Requires that payment of compensation for damages associated with the administration of a vaccine before the effective date of specified provisions be determined on the basis of the net present value of the elements of compensation and paid as ordered by the master or, with consent, as determined to be in the petitioner's best interests. Requires the chief special master to determine net discount rates, annuity appreciation rates, and annuity discount rates. Prohibits payments from the Program for any item or service covered by a State health benefits program other than title XIX (Medicaid) of the Social Security Act (currently, by any State health benefits program). Authorizes appropriations through FY 1993 for payment of compensation under the Program. Extends from 365 to 420 days the time period after which, if the Claims Court has not entered a judgment, the petitioner may withdraw the petition and file a civil action. Requires that the legal representatives of children receiving vaccines be provided with a summary of relevant Federal recommendations concerning a complete schedule of childhood immunizations and the availability of the Program. Directs the Secretary to establish a task force on safer childhood vaccines to prepare recommendations to the Secretary on the implementation of provisions directing the Secretary to promote the development of safer childhood vaccines. Authorizes appropriations for the administration of the National Vaccine Injury Compensation Program for FY 1990 and 1991. Directs the Secretary to conduct a study and report to the Congress by January 1, 1992, concerning such Program. Declares that, if any amendment made by this subtitle is held unconstitutional, title XXI (Vaccines) of the Public Health Service Act without that amendment shall continue in effect. (Current law invalidates all of title XXI if any part of it is held unconstitutional.)

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2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

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• Introduced in Senate

  summary · EN · 18 November 1989

  Open at official source

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