§300c–22. Blood-separation centers
(a) Grants and contracts with public and nonprofit private entities for projects to develop and expand existing facilities; definitions
The Secretary may make grants to and enter into contracts with public and nonprofit private entities for projects to develop and expand, within existing facilities, blood-separation centers to separate and make available for distribution blood components to providers of blood services and manufacturers of blood fractions. For purposes of this section-
(1) the term "blood components" means those constituents of whole blood which are used for therapy and which are obtained by physical separation processes which result in licensed products such as red blood cells, platelets, white blood cells, AHF-rich plasma, fresh-frozen plasma, cryoprecipitate, and single unit plasma for infusion; and
(2) the term "blood fractions" means those constituents of plasma which are used for therapy and which are obtained by licensed fractionation processes presently used in manufacturing which result in licensed products such as normal serum albumin, plasma, protein fraction, prothrombin complex, fibrinogen, AHF concentrate, immune serum globulin, and hyperimmune globulins.
(b) Grants for alleviation of insufficient supplies of blood fractions
In the event the Secretary finds that there is an insufficient supply of blood fractions available to meet the needs for treatment of persons suffering from hemophilia, and that public and other nonprofit private centers already engaged in the production of blood fractions could alleviate such insufficiency with assistance under this subsection, he may make grants not to exceed $500,000 to such centers for the purposes of alleviating the insufficiency.
(c) Approval of application as prerequisite for grant or contract; form, manner of submission, and contents of application
No grant or contract may be made under subsection (a) or (b) unless an application therefor has been submitted to and approved by the Secretary. Such an application shall be in such form, submitted in such manner, and contain such information as the Secretary shall by regulation prescribe.
(d) Nonapplicability of statutory provisions to contracts
Contracts may be entered into under subsection (a) without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41.
(e) Authorization of appropriations
For the purpose of making payments under grants and contracts under subsections (a) and (b), there are authorized to be appropriated $4,000,000 for fiscal year 1976, $5,000,000 for the fiscal year ending September 30, 1977, $3,450,000 for the fiscal year ending September 30, 1978, $2,500,000 for the fiscal year ending September 30, 1979, $3,000,000 for the fiscal year ending September 30, 1980, and $3,500,000 for the fiscal year ending September 30, 1981.
(July 1, 1944, ch. 373, title XI, §1132, as added
Editorial Notes
Codification
In subsec. (d), "section 3324(a) and (b) of title 31 and section 6101 of title 41" substituted for "section 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5)" on authority of
Amendments
1978-Subsec. (e).
1977-Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective July 1, 1975, see section 608 of
Ricky Ray Hemophilia Relief Fund
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"title i-hemophilia relief fund
"SEC. 101. RICKY RAY HEMOPHILIA RELIEF FUND.
"(a)
"(b)
"(c)
"(d)
"(e)
"SEC. 102. COMPASSIONATE PAYMENT RELATING TO INDIVIDUALS WITH BLOOD-CLOTTING DISORDERS AND HIV.
"(a)
"(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)
"(1)
"(2)
"(3)
"SEC. 103. DETERMINATION AND PAYMENT.
"(a)
"(b)
"(c)
"(1)
"(2)
"(A)
"(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)
"(C)
"(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)
"(d)
"(e)
"(f)
"(g)
"(h)
"(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)
"(j)
"SEC. 104. LIMITATION ON TRANSFER OF RIGHTS AND NUMBER OF PETITIONS.
"(a)
"(b)
"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 [Nov. 12, 1998].
"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)
"(1)
"(A) medical assistance under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]; or
"(B) supplemental security income benefits under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.].
"(2)
"(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)
"(1)
"(2)