Ricky Ray Hemophilia Relief Fund Act of 1998
PL 105-369 (H.R.1023), enacted 11/12/1998

112 STAT. 3368 
PUBLIC LAW 105-369—NOV. 12, 1998 
Nov. 12, 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 
[H.R. 1023] 
virus due to contaminated antihemophilic factor, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
Ricky Ray 
the United States of America in Congress assembled, 
Sheffid Act 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
^onQpqnn 99 
(a) SHORT TITLE.—This Act may be cited as the "Ricky Ray 
note 
HemophiUa Rehef 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 
42 u s e 300C-22 
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 Sec-
retary 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 expira-
tion of the 5-year period beginning on the date of the enactment 
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. 
42 USC 300c-22 
(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 ti£le. 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. 
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 pa3anent 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 pajrment 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.—^TJiis 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 42 USC 300c-22 
PETITIONS. 
note. 
(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. 
42 USC 300c-22 
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. 
• 42 USC 300c-22 
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. 
112 STAT. 3372 
PUBLIC LAW 105-369—NOV. 12, 1998 
42 u s e 300C-22 
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. 
42USC300C-22 
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 
42 u s e 300C-22 
SEC. 201. TREATMENT OF CERTAIN PAYMENTS IN HEMOPHILIA-CLOT-
note. 
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. 111.); 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 
PUBLIC LAW 105-369—NOV. 12, 1998 
112 STAT. 3373 
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. 
L E G I S L A T I V E H I S T O R Y — H . R . 
1023: 
HOUSE REPORTS: No. 105-465, Pt. 1 (Comm. on the Judiciary) and Ft. 2 (Comm. 
on Ways and Means). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
May 19, considered and passed House. 
Oct. 21, considered and passed Senate.