Text: H.R.1023 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-369 (11/12/1998)

 
[105th Congress Public Law 369]
[From the U.S. Government Printing Office]


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[DOCID: f:publ369.105]


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                 RICKY RAY HEMOPHILIA RELIEF ACT OF 1998
Public Law 105-369
105th Congress

                                 An Act


 
 To provide for compassionate payments with regard to individuals with 
   blood-clotting disorders, such as hemophilia, who contracted human 
 immunodeficiency virus due to contaminated antihemophilic factor, and 
       for other purposes. <<NOTE: Nov. 12, 1998 -  [H.R. 1023]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT <<NOTE: Ricky Ray Hemophilia Relief Fund Act of 
            1998. 42 USC 300c-22 note.>>  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.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

                     TITLE I--HEMOPHILIA RELIEF FUND

Sec. 101. Ricky Ray Hemophilia Relief Fund.
Sec. 102. Compassionate payment relating to individuals with blood-
           clotting 
           disorders and HIV.
Sec. 103. Determination and payment.
Sec. 104. Limitation on transfer of rights and number of petitions.
Sec. 105. Time limitation.
Sec. 106. Certain claims not affected by payment.
Sec. 107. Limitation on agent and attorney fees.
Sec. 108. Definitions.

     TITLE II--TREATMENT OF CERTAIN PRIVATE SETTLEMENT PAYMENTS IN 
   HEMOPHILIA-CLOTTING-FACTOR SUIT UNDER THE MEDICAID AND SSI PROGRAMS

Sec. 201. Treatment of certain private settlement payments in 
           hemophilia-clotting-factor suit under the Medicaid and SSI 
           programs.

                     TITLE I--HEMOPHILIA RELIEF FUND

SEC. 101. RICKY <<NOTE: 42 USC 300c-22 note.>>  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. 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 <<NOTE: 42 USC 300c-22 note.>>  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 <<NOTE: 42 USC 300c-22 note.>>  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 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.

SEC. 104. LIMITATION <<NOTE: 42 USC 300c-22 note.>>  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 <<NOTE: 42 USC 300c-22 note.>>  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 <<NOTE: 42 USC 300c-22 note.>>  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 <<NOTE: 42 USC 300c-22 note.>>  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. <<NOTE: 42 USC 300c-22 note.>>  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 <<NOTE: 42 USC 300c-22 note.>>  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; 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 
                      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.
            (2) Government payments described.--The payments described 
        in this subsection are payments made from the Fund established 
        pursuant to section 101 of this Act.

    Approved November 12, 1998.

LEGISLATIVE HISTORY--H.R. 1023:
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HOUSE REPORTS: No. 105-465, Pt. 1 (Comm. on the Judiciary) and Pt. 2 
(Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 144 (1998):
            May 19, considered and passed House.
            Oct. 21, considered and passed Senate.

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