1998: Ricky Ray Relief Fund Act Passed

PUBLIC LAW 105-369-NOV. 12, 1998 112 STAT. 3369
of this Act. 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 42 USC 300c-22

WITH BLOOD-CLOTTING DISORDERS AND HIV.

note.

(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 infec- tion.
(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.

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112 STAT. 3370

PUBLIC LAW 105-369-NOV. 12, 1998
(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 pay- ment 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 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,

PUBLIC LAW 105-369-NOV. 12, 1998 112 STAT. 3371

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 pay- ment 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 govern- ments or any entity that provides such benefits under a con- tract).
(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.
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.
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 pay- ment, on the basis of such receipt, to repay any insurance carrier for insurance payments or to repay any person on account of work- er’s compensation payments. A payment under this title shall not affect any claim against an insurance carrier with respect to insur- ance or against any person with respect to worker’s compensation.

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112 STAT. 3372 PUBLIC LAW 105-369-NOV. 12, 1998

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SEC. 107. LIMITATION ON AGENT AND ATTORNEY FEES.
Notwithstanding any contract, the representative of an individ- ual 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-CLOT- TING-FACTOR SUIT UNDER THE SSI PROGRAM
SEC. 201. TREATMENT OF CERTAIN PAYMENTS IN HEMOPHILIA-CLOT- TING-FACTOR SUIT UNDER THE MEDICAID AND SSI PRO- GRAMS.
(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; or
(B) supplemental security income benefits under title XVI of the Social Security Act.
(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 settle-
ment 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

42 USC 300c-22 note.