[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 4165-15-M
