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Calendar No. 707
105th CONGRESS
2d Session
H. R. 1023
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 1998
Received
June 16, 1998
Read twice and referred to the Committee on Labor and Human Resources
October 7 (legislative day, October 2), 1998
Reported by Mr. Jeffords, without amendment
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.--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 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 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 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 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 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; 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
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