New York’s two senators recently demanded that U.S. Treasury return funds to a firefighter fund similar to the WTC Health Program.

According to Sens. Chuck Schumer and Kirsten Gillibrand, the Treasury has wrongfully withheld $3.7 million in funding from the New York Fire Department’s 9/11 healthcare program since 2016. The program provides medical services for 9/11 first responders such as firefighters, EMTs, and paramedics who are suffering from illnesses, such as 9 11 cancers, related to the terrorist attacks and their aftermath.

After years of investigation, it was revealed last month that the program’s money is tied up in bureaucracy – impacting the fire department’s program and the WTC Health Program.

“These funds were meant to reimburse the World Trade Center Health Program for work already done by the clinic, and the lack of these funds means that the clinic cannot at this time fill 21 positions that it has open, including doctors, nurses and support staff to help provide treatment to injured 9/11 responders,” the senators contend. “Naturally, these vacancies will soon start to impact their care.”

The nearly $4 million in funds was reportedly withheld by Treasury Secretary Steve Mnuchin at the encouragement of federal healthcare officials from the Centers for Medicare and Medicaid Services. These officials are reportedly engaged in an unrelated dispute with New York City over Medicare debt.

Although the Treasury Department recently told Congress that the debt offsets will stop going forward, Mnuchin also said that the Department of Health and Human Services has to take action to challenge the funding diversions since it takes care of funds for the FDNY health program. In order to challenge the diversions, the HHS must reportedly request a waiver of the federal law which allows such diversions.

Sens. Schumer and Gillibrand recently challenged this assertion and argued that the Treasury has the ability to return funding to the New York program.

“Your Department has now acknowledged that, after investigating the matter, you have the discretion to stop the future seizure of these funds,” the senators wrote in their brief. “Therefore, it is logical to conclude that you also have the discretion to release the funds that you previously withheld. Yet, you continue to hold the nearly $4 million at issue.”

WTC Health Program & Other 9/11 Victims Compensation

The New York Fire Department’s 9/11 Fund mirrors federal relief efforts such as the WTC Health Program and the 9/11 Victims Compensation Fund.

The WTC Health Program helps provide medical monitoring and treatment to 9/11 first responders, New York residents, and other people affected by the toxic dust from the 9/11 attacks. Through federal funding, the WTC Health Program provides services related to a pre-determined list of 9/11 related illnesses, such as:

• Acute traumatic injuries (burns, sprains, eye injuries, fractures, head trauma, etc.);
• Aerodigestive disorders (asthma, COPD, Sleep apnea, GERD, etc.);
• Cancers (lung cancer, mesothelioma, prostate cancer, breast cancer, melanoma, thyroid cancer, non-Hodgkin’s lymphoma, leukemia, etc.);
• Mental health conditions (PTSD, depression, anxiety, panic disorder, substance abuse, etc.)
• Musculoskeletal disorders (carpal tunnel, back pain, etc.)

Unfortunately, some of these problems – especially cancers – may only have started to show up recently. Carcinogenic materials such as asbestos have a long latency period – meaning that there could be decades between exposure and symptoms or diagnosis of concerns. Luckily, 9/11 survivors and their family members are eligible for free medical services through the WTC Health Program. These individuals may also be eligible for payments from the 9/11 Victims Compensation Fund.

Unlike the WTC Health Program, the 9/11 Victims Compensation Fund provides monetary relief to first responders, New York residents, and surviving family members affected by 9/11. Enrollment in the WTC Health Program can help individuals qualify for compensation by certifying their illnesses as eligible.

There were previous concerns about the Victim’s Compensation Fund running out of money before participants could benefit from the program. However, the “Never Forget the Heroes, James Zadroga, Ray Pfeifer, and Luis Alvarez Permanent Authorization of the September 11th Victim Compensation Fund Act” was signed into law in July 2019 – permanently authorizing funding for all eligible claims. This means that all claims filed with the program through Oct. 1, 2090 will be fully paid, including those who suffer COVID-19 due to 9/11 illnesses.

Although it isn’t required to enlist the help of a lawyer when seeking compensation through the WTC Health Program and Victim’s Compensation Fund, an experienced attorney may be able to help you meet the numerous deadlines and documentation requirements associated with these programs. Should a claim be denied by the fund, a lawyer can also help with the appeals process.