
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-554 Section 1(a)(6)[932]]
[CITE: 42USC300c-22]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
SUBCHAPTER IX--GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN INFANT 
                             DEATH SYNDROME
 
                       Part C--Hemophilia Programs
 
Sec. 300c-22. Blood-separation centers


(a) Grants and contracts with public and nonprofit private entities for 
        projects to develop and expand existing facilities; definitions

    The Secretary may make grants to and enter into contracts with 
public and nonprofit private entities for projects to develop and 
expand, within existing facilities, blood-separation centers to separate 
and make available for distribution blood components to providers of 
blood services and manufacturers of blood fractions. For purposes of 
this section--
        (1) the term ``blood components'' means those constituents of 
    whole blood which are used for therapy and which are obtained by 
    physical separation processes which result in licensed products such 
    as red blood cells, platelets, white blood cells, AHF-rich plasma, 
    fresh-frozen plasma, cryoprecipitate, and single unit plasma for 
    infusion; and
        (2) the term ``blood fractions'' means those constituents of 
    plasma which are used for therapy and which are obtained by licensed 
    fractionation processes presently used in manufacturing which result 
    in licensed products such as normal serum albumin, plasma, protein 
    fraction, prothrombin complex, fibrinogen, AHF concentrate, immune 
    serum globulin, and hyperimmune globulins.

(b) Grants for alleviation of insufficient supplies of blood fractions

    In the event the Secretary finds that there is an insufficient 
supply of blood fractions available to meet the needs for treatment of 
persons suffering from hemophilia, and that public and other nonprofit 
private centers already engaged in the production of blood fractions 
could alleviate such insufficiency with assistance under this 
subsection, he may make grants not to exceed $500,000 to such centers 
for the purposes of alleviating the insufficiency.

(c) Approval of application as prerequisite for grant or contract; form, 
        manner of submission, and contents of application

    No grant or contract may be made under subsection (a) or (b) of this 
section unless an application therefor has been submitted to and 
approved by the Secretary. Such an application shall be in such form, 
submitted in such manner, and contain such information as the Secretary 
shall by regulation prescribe.

(d) Nonapplicability of statutory provisions to contracts

    Contracts may be entered into under subsection (a) of this section 
without regard to section 3324(a) and (b) of title 31 and section 5 of 
title 41.

(e) Authorization of appropriations

    For the purpose of making payments under grants and contracts under 
subsections (a) and (b) of this section, there are authorized to be 
appropriated $4,000,000 for fiscal year 1976, $5,000,000 for the fiscal 
year ending September 30, 1977, $3,450,000 for the fiscal year ending 
September 30, 1978, $2,500,000 for the fiscal year ending September 30, 
1979, $3,000,000 for the fiscal year ending September 30, 1980, and 
$3,500,000 for the fiscal year ending September 30, 1981.

(July 1, 1944, ch. 373, title XI, Sec. 1132, as added Pub. L. 94-63, 
title VI, Sec. 606, July 29, 1975, 89 Stat. 351; amended Pub. L. 95-83, 
title III, Sec. 306(c), Aug. 1, 1977, 91 Stat. 389; Pub. L. 95-626, 
title II, Sec. 206(b), Nov. 10, 1978, 92 Stat. 3584.)

                          Codification

    In subsec. (d), ``section 3324(a) and (b) of title 31'' substituted 
for reference to section 3648 of the Revised Statutes (31 U.S.C. 529) on 
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, 
the first section of which enacted Title 31, Money and Finance.


                               Amendments

    1978--Subsec. (e). Pub. L. 95-626 inserted provisions authorizing 
appropriations for fiscal years ending Sept. 30, 1979, 1980, and 1981.
    1977--Subsec. (e). Pub. L. 95-83 substituted provisions authorizing 
appropriations for fiscal years ending Sept. 30, 1977 and 1978, for 
prior such authorization for fiscal year 1977.


                             Effective Date

    Section effective July 1, 1975, see section 608 of Pub. L. 94-63, 
set out as an Effective Date of 1975 Amendment note under section 247b 
of this title.


                    Ricky Ray Hemophilia Relief Fund

    Pub. L. 105-369, Nov. 12, 1998, 112 Stat. 3368, provided that:
``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    ``(a) Short Title.--This Act may be cited as the `Ricky Ray 
Hemophilia Relief Fund Act of 1998'.
    ``(b) Table of Contents.--[Omitted.]


                    ``title i--hemophilia relief fund

``SEC. 101. RICKY RAY HEMOPHILIA RELIEF FUND.
    ``(a) Establishment.--There is established in the Treasury of the 
United States a trust fund to be known as the `Ricky Ray Hemophilia 
Relief Fund', which shall be administered by the Secretary of the 
Treasury.
    ``(b) Investment of Amounts in Fund.--Amounts in the Fund shall be 
invested in accordance with section 9702 of title 31, United States 
Code, and any interest on and proceeds from any such investment shall be 
credited to and become part of the Fund.
    ``(c) Availability of Fund.--Amounts in the Fund shall be available 
only for disbursement by the Secretary of Health and Human Services 
under section 103.
    ``(d) Termination.--The Fund shall terminate upon the expiration of 
the 5-year period beginning on the date of the enactment of this Act 
[Nov. 12, 1998]. If all of the amounts in the Fund have not been 
expended by the end of the 5-year period, investments of amounts in the 
Fund shall be liquidated, the receipts of such liquidation shall be 
deposited in the Fund, and all funds remaining in the Fund shall be 
deposited in the miscellaneous receipts account in the Treasury of the 
United States.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Fund to carry out this title $750,000,000.
``SEC. 102. COMPASSIONATE PAYMENT RELATING TO INDIVIDUALS WITH BLOOD-
        CLOTTING DISORDERS AND HIV.
    ``(a) In General.--If the conditions described in subsection (b) are 
met and if there are sufficient amounts in the Fund to make each 
payment, the Secretary shall make a single payment of $100,000 from the 
Fund to any individual who has an HIV infection and who is described in 
one of the following paragraphs:
        ``(1) The individual has any form of blood-clotting disorder, 
    such as hemophilia, and was treated with antihemophilic factor at 
    any time during the period beginning on July 1, 1982, and ending on 
    December 31, 1987.
        ``(2) The individual--
            ``(A) is the lawful spouse of an individual described in 
        paragraph (1); or
            ``(B) is the former lawful spouse of an individual described 
        in paragraph (1) and was the lawful spouse of the individual at 
        any time after a date, within the period described in such 
        subparagraph, on which the individual was treated as described 
        in such paragraph and through medical documentation can assert 
        reasonable certainty of transmission of HIV from individual 
        described in paragraph (1).
        ``(3) The individual acquired the HIV infection through 
    perinatal transmission from a parent who is an individual described 
    in paragraph (1) or (2).
    ``(b) Conditions.--The conditions described in this subsection are, 
with respect to an individual, as follows:
        ``(1) Submission of medical documentation of hiv infection.--The 
    individual submits to the Secretary written medical documentation 
    that the individual has an HIV infection.
        ``(2) Petition.--A petition for the payment is filed with the 
    Secretary by or on behalf of the individual.
        ``(3) Determination.--The Secretary determines, in accordance 
    with section 103(b), that the petition meets the requirements of 
    this title.
``SEC. 103. DETERMINATION AND PAYMENT.
    ``(a) Establishment of Filing Procedures.--The Secretary of Health 
and Human Services shall establish procedures under which individuals 
may submit petitions for payment under this title. The procedures shall 
include a requirement that each petition filed under this Act include 
written medical documentation that the relevant individual described in 
section 102(a)(1) has (or had) a blood-clotting disorder, such as 
hemophilia, and was treated as described in such section.
    ``(b) Determination.--For each petition filed under this title, the 
Secretary shall determine whether the petition meets the requirements of 
this title.
    ``(c) Payment.--
        ``(1) In general.--To the extent there are sufficient amounts in 
    the Fund to cover each payment, the Secretary shall pay, from the 
    Fund, each petition that the Secretary determines meets the 
    requirements of this title in the order received.
        ``(2) Payments in case of deceased individuals.--
            ``(A) In general.--In the case of an individual referred to 
        in section 102(a) who is deceased at the time that payment is 
        made under this section on a petition filed by or on behalf of 
        the individual, the payment shall be made as follows:
                ``(i) If the individual is survived by a spouse who is 
            living at the time of payment, the payment shall be made to 
            such surviving spouse.
                ``(ii) If the individual is not survived by a spouse 
            described in clause (i), the payment shall be made in equal 
            shares to all children of the individual who are living at 
            the time of the payment.
                ``(iii) If the individual is not survived by a person 
            described in clause (i) or (ii), the payment shall be made 
            in equal shares to the parents of the individual who are 
            living at the time of the payment.
                ``(iv) If the individual is not survived by a person 
            described in clause (i), (ii), or (iii), the payment shall 
            revert back to the Fund.
            ``(B) Filing of petition by survivor.--If an individual 
        eligible for payment under section 102(a) dies before filing a 
        petition under this title, a survivor of the individual may file 
        a petition for payment under this title on behalf of the 
        individual if the survivor may receive payment under 
        subparagraph (A).
            ``(C) Definitions.--For purposes of this paragraph:
                ``(i) The term `spouse' means an individual who was 
            lawfully married to the relevant individual at the time of 
            death.
                ``(ii) The term `child' includes a recognized natural 
            child, a stepchild who lived with the relevant individual in 
            a regular parent-child relationship, and an adopted child.
                ``(iii) The term `parent' includes fathers and mothers 
            through adoption.
        ``(3) Timing of payment.--The Secretary may not make a payment 
    on a petition under this title before the expiration of the 120-day 
    period beginning on the date of the enactment of this Act [Nov. 12, 
    1998] or after the expiration of the 5-year period beginning on the 
    date of the enactment of this Act.
    ``(d) Action on Petitions.--The Secretary shall complete the 
determination required by subsection (b) regarding a petition not later 
than 120 days after the date the petition is filed under this title.
    ``(e) Humanitarian Nature of Payment.--This Act does not create or 
admit any claim of or on behalf of the individual against the United 
States or against any officer, employee, or agent thereof acting within 
the scope of employment or agency that relate to an HIV infection 
arising from treatment with antihemophilic factor, at any time during 
the period beginning on July 1, 1982, and ending on December 31, 1987. A 
payment under this Act shall, however, when accepted by or on behalf of 
the individual, be in full satisfaction of all such claims by or on 
behalf of that individual.
    ``(f) Administrative Costs Not Paid From Fund.--No costs incurred by 
the Secretary in carrying out this title may be paid from the Fund or 
set off against, or otherwise deducted from, any payment made under 
subsection (c)(1).
    ``(g) Termination of Duties of Secretary.--The duties of the 
Secretary under this section shall cease when the Fund terminates.
    ``(h) Treatment of Payments Under Other Laws.--A payment under 
subsection (c)(1) to an individual--
        ``(1) shall be treated for purposes of the Internal Revenue Code 
    of 1986 as damages described in section 104(a)(2) of such Code;
        ``(2) shall not be included as income or resources for purposes 
    of determining the eligibility of the individual to receive benefits 
    described in section 3803(c)(2)(C) of title 31, United States Code, 
    or the amount of such benefits, and such benefits shall not be 
    secondary to, conditioned upon reimbursement from, or subject to any 
    reduction because of receipt of, any such payment; and
        ``(3) shall not be treated as a third party payment or payment 
    in relation to a legal liability with respect to such benefits and 
    shall not be subject (whether by subrogation or otherwise) to 
    recovery, recoupment, reimbursement, or collection with respect to 
    such benefits (including the Federal or State governments or any 
    entity that provides such benefits under a contract).
    ``(i) Regulatory Authority.--The Secretary may issue regulations 
necessary to carry out this title.
    ``(j) Time of Issuance of Procedures.--The Secretary shall, through 
the promulgation of appropriate regulations, guidelines, or otherwise, 
first establish the procedures to carry out this title not later than 
120 days after the date of the enactment of this Act [Nov. 12, 1998].
``SEC. 104. LIMITATION ON TRANSFER OF RIGHTS AND NUMBER OF PETITIONS.
    ``(a) Rights Not Assignable or Transferable.--Any right under this 
title shall not be assignable or transferable.
    ``(b) One Petition With Respect to Each Victim.--With respect to 
each individual described in paragraph (1), (2), or (3) of section 
102(a), the Secretary may not make payment with respect to more than one 
petition filed in respect to an individual.
``SEC. 105. TIME LIMITATION.
    ``The Secretary may not make any payment with respect to any 
petition filed under this title unless the petition is filed within 3 
years after the date of the enactment of this Act [Nov. 12, 1998].
``SEC. 106. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT.
    ``A payment made under section 103(c)(1) shall not be considered as 
any form of compensation, or reimbursement for a loss, for purposes of 
imposing liability on the individual receiving the payment, on the basis 
of such receipt, to repay any insurance carrier for insurance payments 
or to repay any person on account of worker's compensation payments. A 
payment under this title shall not affect any claim against an insurance 
carrier with respect to insurance or against any person with respect to 
worker's compensation.
``SEC. 107. LIMITATION ON AGENT AND ATTORNEY FEES.
    ``Notwithstanding any contract, the representative of an individual 
may not receive, for services rendered in connection with the petition 
of an individual under this title, more than 5 percent of a payment made 
under this title on the petition. Any such representative who violates 
this section shall be fined not more than $50,000.
``SEC. 108. DEFINITIONS.
    ``For purposes of this title:
        ``(1) The term `AIDS' means acquired immune deficiency syndrome.
        ``(2) The term `Fund' means the Ricky Ray Hemophilia Relief 
    Fund.
        ``(3) The term `HIV' means human immunodeficiency virus.
        ``(4) Unless otherwise provided, the term `Secretary' means 
    Secretary of Health and Human Services.


``title ii--treatment of certain payments in hemophilia-clotting-factor 
                       suit under the ssi program

``SEC. 201. TREATMENT OF CERTAIN PAYMENTS IN HEMOPHILIA-CLOTTING-FACTOR 
        SUIT UNDER THE MEDICAID AND SSI PROGRAMS.
    ``(a) Private Payments.--
        ``(1) In general.--Notwithstanding any other provision of law, 
    the payments described in paragraph (2) shall not be considered 
    income or resources in determining eligibility for, or the amount 
    of--
            ``(A) medical assistance under title XIX of the Social 
        Security Act [section 1396 et seq. of this title]; or
            ``(B) supplemental security income benefits under title XVI 
        of the Social Security Act [section 1381 et seq. of this title].
        ``(2) Private payments described.--The payments described in 
    this subsection are--
            ``(A) payments made from any fund established pursuant to a 
        class settlement in the case of Susan Walker v. Bayer 
        Corporation, et al., 96-C-5024 (N.D. Ill.); and
            ``(B) payments made pursuant to a release of all claims in a 
        case--
                ``(i) that is entered into in lieu of the class 
            settlement referred to in subparagraph (A); and
                ``(ii) that is signed by all affected parties in such 
            case on or before the later of--
          ``(I) December 31, 1997; or
          ``(II) the date that is 270 days after the date on which such 
                release is first sent to the persons (or the legal 
                representative of such persons) to whom the payment is 
                to be made.
    ``(b) Government Payments.--
        ``(1) In general.--Notwithstanding any other provision of law, 
    the payments described in paragraph (2) shall not be considered 
    income or resources in determining eligibility for, or the amount of 
    supplemental security income benefits under title XVI of the Social 
    Security Act [section 1381 et seq. of this title].
        ``(2) Government payments described.--The payments described in 
    this subsection are payments made from the Fund established pursuant 
    to section 101 of this Act.''
