from, or subject to any reduction because of receipt
of, any such payment; and
(3) shall not be treated as a third party pay-
ment 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 re-
spect 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 Sec-
retary shall, through the promulgation of appropriate reg-
ulations, guidelines, or otherwise, first establish the proce-
dures to carry out this title not later than 90 days after
the date of the enactment of this Act.
(k) JUDICIAL REVIEW.—An individual whose petition
for payment under this title is denied may seek judicial
review solely in a district court of the United States. The
court shall review the denial on the administrative record
and shall hold unlawful and set aside the denial if the de-
nial is arbitrary, capricious, an abuse of discretion, or oth-
erwise not in accordance with law.
SEC. 105. LIMITATION ON TRANSFER OF RIGHTS AND NUM-
BER OF PETITIONS.
(a) RIGHTS NOT ASSIGNABLE OR TRANSFERABLE.—
Any right under this title shall not be assignable or trans-
ferable.
(b) 1 PETITION WITH RESPECT TO EACH VICTIM.—
With respect to each individual described in paragraph
(1), (2), or (3) of section 103(a), the Secretary may not
make payment with respect to more than 1 petition filed
to receive compensation under this title for the harm suf-
fered by the individual.
SEC. 106. TIME LIMITATION.
The Secretary may not make any payment with re-
spect to any petition filed under this title unless the peti-
tion is filed within 3 years after the date of the enactment
of this Act.
SEC. 107. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT.
A payment made under section 104(c)(1) shall not
be considered as any form of compensation, or reimburse-
ment for a loss, for purposes of imposing liability on the
individual receiving the payment, on the basis of such re-
ceipt, to repay any insurance carrier for insurance pay-
ments or to repay any person on account of worker’s com-
pensation 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 work-
er’s compensation.
SEC. 108. LIMITATION ON AGENT AND ATTORNEY FEES.
Notwithstanding any contract, the representative of
an individual may not receive, for services rendered in con-
nection 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. 109. 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 ‘‘Sec-
retary’’ means Secretary of Health and Human
Services.
TITLE II—TREATMENT OF CER-
TAIN 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-FAC-
TOR SUIT UNDER THE MEDICAID AND SSI
PROGRAMS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, a settlement payment shall not be considered
income or resources in determining a class member’s eligi-
bility for, or the amount of—
(1) medical assistance under title XIX of the
Social Security Act, or
(2) supplemental security income benefits under
title XVI of such Act.
(b) DEFINITIONS.—For purposes of this section:
(1) CLASS MEMBER.—The term ‘‘class mem-
ber’’ means a member of the Settlement Class in the
settlement in In Re Factor VIII or IX Concentrate
Blood Products Litigation (United States District
Court, Northern District of Illinois, Eastern Divi-
sion; Civil Action No. 96–C–5024).
(2) SETTLEMENT PAYMENT.—The term ‘‘settle-
ment payment’’ means a payment to a class member
under the settlement described in paragraph (1).
Æ