§ 103. DETERMINATION AND PAYMENT.

883 words·~4 min read·/usc/title-42/section-103

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Establishment of Filing Procedures .— The Secretary of Health and Human Services shall establish procedures under which individuals may submit petitions for payment under this title. 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. Determination .— For each petition filed under this title, the Secretary shall determine whether the petition meets the requirements of this title.

Payment.— 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. Payments in case of deceased individuals.— In general .— In the case of an individual referred to in section 102(a) who is deceased at the time that payment is made under this section on a petition filed by or on behalf of the individual, the payment shall be made as follows:

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. 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. 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. If the individual is not survived by a person described in clause (i), (ii), or (iii), the payment shall revert back to the Fund. 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). Definitions .— For purposes of this paragraph: The term ‘spouse’ means an individual who was lawfully married to the relevant individual at the time of death. 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. The term ‘parent’ includes fathers and mothers through adoption. 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 [ Nov. 12, 1998 ] or after the expiration of the 5-year period beginning on the date of the enactment of this Act. 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. Humanitarian Nature of Payment .— This 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, 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. 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). Termination of Duties of Secretary .— The duties of the Secretary under this section shall cease when the Fund terminates. Treatment of Payments Under Other Laws .— A payment under subsection (c)(1) to an individual— shall be treated for purposes of the Internal Revenue Code of 1986 as damages described in section 104(a)(2) of such Code; 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 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). Regulatory Authority .— The Secretary may issue regulations necessary to carry out this title. 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 [ Nov. 12, 1998 ].

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§ 103

DETERMINATION AND PAYMENT.

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