Ricky Ray Hemophilia Relief Fund Act of 1998, Procedures for Filing Petitions for Payment

[Federal Register Volume 64, Number 56 (Wednesday, March 24, 1999)]
[Notices]
[Pages 14251-14252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7221]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Ricky Ray Hemophilia Relief Fund Act of 1998, Procedures for 
Filing Petitions for Payment

AGENCY: Department of Health and Human Services.

ACTION: Notice.

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SUMMARY: The Secretary of Health and Human Services (HHS) announces 
procedures for filing Notices of Intent to File Petitions for payment 
under the newly enacted Ricky Ray Hemophilia Relief Fund Act of 1998 
(``the Act''). Although the Act became law on November 12, 1998, no 
funds have been appropriated either for the payment of awards to 
petitioners or for the administrative costs to HHS for operating this 
new program. Nevertheless, the Act states that HHS shall first 
establish procedures to implement the Act within 120 days of its 
enactment. We are establishing as a first procedure under the Act the 
opportunity for individuals to file Notices of Intent to File 
Petitions, which may lead to later filings of full petitions and 
determinations on those petitions if funding is appropriated to operate 
the program and to pay awards. The timely filing of a Notice of Intent 
to File a Petition will meet a petitioner's obligation to file within 
the statutory limitations period for seeking payment from the Ricky Ray 
Hemophilia Relief Fund. Again, since no funds have been appropriated 
for this program, submitting a Notice of Intent to File a Petition 
allows a petitioner to record his or her intent to seek payment should 
Congress appropriate funds in the future.

ADDRESSES: Notices of intent meeting the requirements described below 
shall be sent to: Ricky Ray Program Office, Bureau of Health 
Professions, Room 8-05, 5600 Fishers Lane, Rockville, Maryland 20857.

DATES: The procedures established by this noticed shall take effect on 
April 23, 1999.

FOR FURTHER INFORMATION CONTACT: Neil Sampson, Deputy Associate 
Administrator for Health Professions, Health Resources and Services 
Administration, Room 805, 5600 Fishers Lane, Rockville, Maryland 20857, 
(301) 443-2330.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The Act provides for compassionate payments with regard to certain 
individuals with blood-clotting disorders, such as hemophilia, who 
contracted human immunodeficiency virus (HIV) due to contaminated 
antihemophilic factor within specified time periods. Section 101 of the 
Act establishes in the Treasury of the United States a trust fund known 
as the Ricky Ray Hemophilia Relief Fund. The Act authorizes 
appropriations to the Fund of $750,000,000. To date, no appropriations 
have been made for the Fund. In addition, no appropriations have been 
made for the administrative costs to HHS for operating this program.
    Section 102(a) of the Act provides that, if there are sufficient 
amounts in the Fund to make each payment, the Secretary shall make a 
single payment of $100,000 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 item 
during the period beginning on July 1, 1982, and ending on December 31, 
1987.
    (2) The individual is (A) the lawful spouse of an individual 
described in paragraph (1) or (B) 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 
paragraph (1) on which the individual was treated as described in 
paragraph (1) and can assert reasonable certainty of transmission of 
HIV from such individual.
    (3) The individual acquired HIV infection through perinatal 
transmission from a parent who is an individual described in paragraph 
(1) or (2).
    Section 103 provides for the payment to certain survivors if the 
individuals listed in section 102 are deceased when that payment is to 
be made. If the individual eligible for payment dies before filing a 
petition, a survivor may file a petition on his or her behalf (section 
103(c)(2)(B) of the Act).
    Although an attorney or other representative is not required, 
petitioners may engage the services of an attorney or other agent to 
render services in connection with the petition. No such attorney or 
agent may receive for services rendered more than five percent of an 
payment made under the program (section 107 of the Act).
    For the full text of the Act, individuals may consult the World 
Wide Web site of the Library of Congress at ``http://thomas.loc.gov'' 
and seek Public Law 105-369, or they may seek the public law from a law 
library.

II. Statutory Procedures

    Under section 105 of the Act, petitions seeking payment from the 
Ricky Ray Hemophilia Relief Fund must be filed by eligible petitioners 
within 3 years after the date of enactment of the Act, i.e., by 
November 11, 2001. Accordingly, even though no appropriations have been 
made for payment with respect to petitioners or for administration of 
the program, we are establishing the following first procedures to 
implement the Act.

III. Filing of Notice of Intent

    An eligible individual may submit a Notice of Intent to File a 
Petition stating an intent to file a full petition when appropriate. 
The Notice of Intent shall include the following:
    (1) The name of the petitioner, with current address and phone 
number.
    (2) The name, address, and phone number of the petitioner's 
attorney of record or other representative for the petition, if any.
    The notice of intent shall be sent to: Ricky Ray Program Office, 
Bureau of Health Professions, Room 8-05, 5600 Fishers Lane, Rockville, 
Maryland 20857.
    On receipt of the Notice of Intent to File a Petition, we will 
respond with an acknowledgment reflecting a case number assigned to the 
filing.

[[Page 14252]]

Thereafter, petitioner must advise the Department of any change of 
address, phone number, or attorney of record or other representative. 
We will not further process a Notice of Intent to File a Petition if we 
are unable to contact the petitioner or her/his attorney or other 
representative in the future because of a change in such informaiton of 
which we were not informed. New name, address, phone number(s) or 
attorney or other representative information should be sent to the same 
addressee as will receive Notices of Intent to File a Petition.
    The date of receipt of the Notice of Intent will be viewed as the 
date of filing for purposes of the 3-year time limit on filing 
petitions (section 105 of the act). The Notice of Intent will not 
activate Departmental consideration beyond sending an acknowledgment of 
its receipt since processing and consideration commence on the filing 
of an actual petition. The sending of the acknowledgment in no way 
implies that the petitioner has been determined to be eligible for a 
payment. The review period described in section 103(d) of the Act will 
begin on receipt of a fu ll petition containing all informaiton to be 
specified in future instructions. All filings are confidential and will 
be used only for authorized purposes.
    Should funds be appropriated for the administrative costs of the 
program and for the payment of successful petitions, we will advise 
those who submit Notices of Intent of the content, format, and 
deadlines for future submissions related to the petition.

    Dated: March 10, 1999.
Donna E. Shalala,
Secretary of Health and Human Services.
[FR Doc. 99-7221 Filed 3-23-99; 8:45 am]
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