[Title 42 CFR L]
[Code of Federal Regulations (annual edition) - October 1, 2008 Edition]
[Title 42 - PUBLIC HEALTH]
[Chapter I - PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN]
[Subchapter L - COMPASSIONATE PAYMENTS]
[From the U.S. Government Printing Office]


42PUBLIC HEALTH12008-10-012008-10-01falseCOMPASSIONATE PAYMENTSLSUBCHAPTER LPUBLIC HEALTHPUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN
                   SUBCHAPTER L_COMPASSIONATE PAYMENTS



PART 130_RICKY RAY HEMOPHILIA RELIEF FUND PROGRAM--Table of Contents




                      Subpart A_General Provisions

Sec.
130.1 Purpose.
130.2 Definitions.
130.3 Amount of payments.

                   Subpart B_Criteria for Eligibility

130.10 Who is eligible for payment under the Act--living persons with 
          HIV.
130.11 Who is eligible for payment under the Act--survivors of persons 
          with HIV.

         Subpart C_Documentation Required for Complete Petitions

130.20 Form of medical documentation.
130.21 What documentation is required for petitions filed by living 
          persons with HIV?
130.22 What documentation is required for petitions filed by survivors 
          of persons with HIV, which are filed in cases where the person 
          with HIV dies before filing a petition?
130.23 What documentation is required for amendments to petitions, which 
          are filed by survivors of persons with HIV?
130.24 What additional documentation may the Secretary require to 
          resolve eligibility or payment issues?

      Subpart D_Procedures for Filing and Paying Complete Petitions

130.30 Who may file a petition for payment or an amendment to a 
          petition?
130.31 How and when is a petition for payment filed?
130.32 How and when will the Secretary determine the order of receipt of 
          petitions?
130.33 How will the Secretary determine whether a petition is complete?
130.34 How will the Secretary determine whether to pay a petition?
130.35 How and when will the Secretary pay a petition?

                  Subpart E_Reconsideration Procedures

130.40 Reconsideration of denial of petitions.

                         Subpart F_Attorney Fees

130.50 Limitation on agent and attorney fees.

Appendix A to Part 130--Definition of HIV Infection or HIV
Appendix B to Part 130--Confidential Physician or Nurse Practitioner 
          Affidavit
Appendix C to Part 130--Petition Form, Petition Instructions, and 
          Documentation Checklist

    Authority: Secs. 101-108 of Pub. L. 105-369, 112 Stat. 3368 (42 
U.S.C. 300c-22 note); sec. 215 of the Public Health Service Act (42 
U.S.C. 216).

    Source: 65 FR 34864, May 31, 2000, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 130.1  Purpose.

    This part establishes criteria and procedures for implementation of 
the Ricky Ray Hemophilia Relief Fund Act of 1998 (the Act). This statute 
provides for compassionate payments to certain individuals with blood-
clotting disorders, such as hemophilia, who contracted human 
immunodeficiency virus (HIV) due to contaminated antihemophilic factor 
within a specified time period, as well as to certain persons who 
contracted HIV from these individuals. In the event the individual 
eligible for payment is deceased, the Act also provides for payments to 
certain survivors of this individual.



Sec. 130.2  Definitions.

    As used in this part:
    (a) Act means the Ricky Ray Hemophilia Relief Fund Act of 1998, 42 
U.S.C. 300c-22 note, as amended.
    (b) Antihemophilic factor means any blood product (including, but 
not limited to, fresh frozen plasma, cryoprecipitate, factor VIII 
concentrate, and factor IX concentrate) used to treat a blood-clotting 
disorder.
    (c) Blood-clotting disorder means a disorder (including, but not 
limited to, hemophilia and von Willebrand's disease) in which the blood 
does not clot normally, usually resulting in prolonged bleeding.
    (d) Child with HIV means the individual described in Sec. 
130.10(c).
    (e) Former lawful spouse means a person to whom an individual 
described in Sec. 130.10(a):
    (1) Was married according to the laws of the place where the person 
resided at

[[Page 693]]

any time after the date of the individual's treatment with 
antihemophilic factor (this date of treatment must have been between 
July 1, 1982, and December 31, 1987); and
    (2) Is no longer married.
    (f) Former lawful spouse with HIV means the individual described in 
Sec. 130.10(b)(2).
    (g) Fund means the ``Ricky Ray Hemophilia Relief Fund,'' which is a 
Trust Fund established in the Treasury of the United States and 
administered by the Secretary of the Treasury.
    (h) Hemophilia means a bleeding disorder in which a clotting factor 
(including, but not limited to, factors VIII or IX) is missing or does 
not function normally.
    (i) HIV infection or HIV means any of the following:
    (1) For individuals diagnosed with the HIV infection at any age, 
including infants: the presence of an opportunistic disease 
characteristic of AIDS, sufficient to satisfy the definition of HIV 
infection as set forth in Appendix A to this part; or
    (2) For individuals diagnosed with the HIV infection at over 15 
months of age: the presence of laboratory evidence of HIV based on 
identification of:
    (i) HIV antibodies;
    (ii) HIV viral antigens;
    (iii) HIV viral cultures; or
    (iv) Plasma HIV RNA; or
    (3) For infants diagnosed with the HIV infection due to perinatal 
transmission at or before 15 months of age: identification of the 
presence of HIV by a positive virologic test (i.e., detection of HIV by 
culture, HIV antigen, or HIV DNA or RNA polymerase chain reaction 
[PCR]).
    (j) Individual with a blood-clotting disorder and HIV means the 
individual described in Sec. 130.10(a).
    (k) Lawful spouse means a person to whom an individual described in 
Sec. 130.10(a) is married according to the laws of the place where the 
person resides on the date the petition is filed. If the laws of the 
place where the person resides consider an individual who is legally 
separated or in a common law marriage to be married, then such a person 
is a lawful spouse.
    (l) Lawful spouse with HIV means the individual described in Sec. 
130.10(b)(1).
    (m) Perinatal transmission means transmission of HIV infection from 
mother to child that occurs during pregnancy, delivery, or 
breastfeeding.
    (n) Person(s) with HIV means all of the individuals described in 
Sec. 130.10(a), (b) or (c).
    (o) Place means any State of the United States of America, the 
District of Columbia, and United States territories, commonwealths, and 
possessions.
    (p) Secretary means the Secretary of Health and Human Services and 
any other officer or employee of the Department to whom the authority 
involved has been delegated.



Sec. 130.3  Amount of payments.

    If there are sufficient amounts in the Fund to make payments, the 
Secretary will make a single payment of $100,000 to eligible 
individuals, as defined in accordance with subpart B of this part.



                   Subpart B_Criteria for Eligibility



Sec. 130.10  Who is eligible for payment under the Act--living persons with 

HIV.

    The following individuals are eligible for payment under the Act if 
they are living at the time that payment is to be made on a petition and 
have an HIV infection:
    (a) An individual who has any form of blood-clotting disorder, such 
as hemophilia, who was treated with antihemophilic factor at any place 
defined in Sec. 130.2(o), or at any diplomatic area or military 
installation of the United States, at any time during the time period 
from July 1, 1982, to December 31, 1987.
    (b) An individual who is:
    (1) The lawful spouse of the individual with a blood-clotting 
disorder and HIV; or
    (2) The former lawful spouse of the individual with a blood-clotting 
disorder and HIV, if the former lawful spouse can assert with reasonable 
certainty, through medical documentation, transmission of HIV from the 
individual with a blood-clotting disorder and HIV.

[[Page 694]]

    (c) An individual who acquired the HIV infection through perinatal 
transmission from a parent who is the individual with a blood-clotting 
disorder and HIV, the lawful spouse with HIV or the former lawful spouse 
with HIV.



Sec. 130.11  Who is eligible for payment under the Act--survivors of persons 

with HIV.

    (a) Survivors of persons with HIV, as described in Sec. 130.10, are 
eligible for payment under the Act if:
    (1) The person with HIV dies before filing a petition under the Act. 
In this case, an eligible survivor may file a petition as a survivor of 
the person with HIV, as set forth in Sec. 130.22; or
    (2) The person with HIV has filed a petition under the Act, but dies 
before payment is made. In this case, an eligible survivor must file an 
amendment to the petition in order to retain the assigned order number 
and to receive payment under the Act, as set forth in Sec. 130.23.
    (b) Payments to survivors shall be made in the following order:
    (1) If the person with HIV is survived by a spouse who is living at 
the time of payment, the payment shall be made to the surviving spouse 
(hereinafter referred to as ``the surviving spouse'').
    (2) If the person with HIV is not survived by a living spouse, the 
payment shall be made in equal shares to all children of the individual 
who are living at the time of payment (hereinafter referred to as ``the 
surviving child/children'').
    (3) If the person with HIV is not survived by a spouse or children 
who are living at the time of payment, the payment shall be made in 
equal shares to the parents of the individual who are living at the time 
of payment (hereinafter referred to as ``the surviving parent(s))'.
    (c) If the person with HIV is not survived at the time payment is to 
be made by any of the survivors listed in paragraph (b) of this section, 
no payments will be made for the person with HIV and the payment will 
revert back to the Fund.
    (d) For purposes of this section, the following definitions apply:
    (1) The term spouse means a person who was lawfully married to the 
person with HIV according to the laws of the place where the person 
resided at the time of death.
    (2) The term child includes a recognized natural child, a stepchild 
who lived with the person with HIV in a regular parent-child 
relationship, and an adopted child.
    (3) The term parent includes fathers and mothers through adoption.



         Subpart C_Documentation Required for Complete Petitions



Sec. 130.20  Form of medical documentation.

    In all instances in which medical documentation is referred to, 
medical documentation may be submitted in the following forms:
    (a) Copies of relevant portions of medical records, records 
maintained by a physician, nurse, or other licensed health care 
provider, test results, prescription information, or other documentation 
deemed credible by the Secretary; or
    (b) An affidavit, signed under penalty of perjury, by a physician, 
nurse practitioner or physician assistant, verifying that the medical 
criteria necessary for a petitioner to be eligible for payment under the 
Act are satisfied. Such an affidavit must include the physician's, nurse 
practitioner's or physician assistant's State of practice, and license, 
certification or registration number, as applicable. A sample affidavit 
is set forth at Appendix B to this part.

(Approved by the Office of Management and Budget under control number 
0915-0244)

[65 FR 34864, May 31, 2000, as amended at 66 FR 58671, Nov. 23, 2001]



Sec. 130.21  What documentation is required for petitions filed by living 

persons with HIV?

    The following rules apply to all petitions filed by persons with 
HIV:
    (a) All petitions filed under the Act must include written medical 
documentation showing the following:
    (1) That the individual described in Sec. 130.10(a) has (or had) a 
blood-clotting disorder, such as hemophilia;
    (2) That the individual with a blood-clotting disorder and HIV was 
treated

[[Page 695]]

with antihemophilic factor at any time between July 1, 1982, to December 
31, 1987; and
    (3) That the individual with a blood-clotting disorder and HIV has 
(or had) an HIV infection under any of the criteria set out in the 
definition of HIV infection at Sec. 130.2(i).
    (b) The individual. Petitions filed by the individual with a blood-
clotting disorder and HIV need only include the documentation described 
in paragraph (a) of this section.
    (c) The lawful spouse. Petitions filed by the lawful spouse with HIV 
must include the following written documentation:
    (1) The documentation described in paragraph (a) of this section;
    (2) Medical documentation showing that the lawful spouse with HIV 
has an HIV infection; and
    (3) A marriage certificate or other proof of a lawful marriage, 
which shows that the lawful spouse with HIV and the individual with a 
blood-clotting disorder and HIV are married.
    (d) The former lawful spouse. Petitions filed by the former lawful 
spouse with HIV must include the following written documentation:
    (1) The documentation described in paragraph (a) of this section;
    (2) Medical documentation showing that the former lawful spouse with 
HIV has an HIV infection;
    (3) A marriage certificate or other proof of a lawful marriage, 
which shows that the former lawful spouse with HIV and the individual 
with a blood-clotting disorder and HIV were married at any time after 
the date of the individual's treatment with antihemophilic factor (this 
date of treatment must have been between July 1, 1982, to December 31, 
1987);
    (4) A divorce certificate or other proof of termination of the 
marriage between the former lawful spouse with HIV and the individual 
with a blood-clotting disorder and HIV; and
    (5) Medical documentation which shows with reasonable certainty that 
the former lawful spouse with HIV contracted HIV from the person with a 
blood-clotting disorder and HIV.
    (e) The child. Petitions filed by the child with HIV must include 
the following written documentation:
    (1) The documentation described in paragraph (a) of this section;
    (2) Medical documentation showing that the child with HIV has an HIV 
infection;
    (3) A birth certificate or other proof, which shows that the child 
with HIV is the child of:
    (i) The individual with a blood-clotting disorder and HIV;
    (ii) The lawful spouse with HIV; or
    (iii) The former lawful spouse with HIV;
    (4) A marriage certificate or other proof of a lawful marriage, 
which shows that the lawful spouse with HIV or the former lawful spouse 
with HIV and the individual with a blood-clotting disorder and HIV are/
were married, except where the individual with a blood-clotting disorder 
and HIV is the mother of the child with HIV;
    (5) Medical documentation showing that the child with HIV acquired 
an HIV infection through perinatal transmission from a parent who is:
    (i) The individual with a blood-clotting disorder and HIV;
    (ii) The lawful spouse with HIV; or
    (iii) The former lawful spouse with HIV; and
    (6) Where the child with HIV acquired an HIV infection through 
perinatal transmission from the former lawful spouse with HIV, medical 
documentation which shows with reasonable certainty that the former 
lawful spouse with HIV contracted HIV from the person with the blood-
clotting disorder and HIV.

(Approved by the Office of Management and Budget under control number 
0915-0244)



Sec. 130.22  What documentation is required for petitions filed by survivors 

of persons with HIV, which are filed in cases where the person with HIV dies 

before filing a petition?

    (a) In those cases in which the person with HIV, as described in 
Sec. 130.10, dies before filing a petition under the Act, a survivor of 
that person, as described in Sec. 130.11, may file a petition.
    (b) Petitions filed by survivors must include two types of 
information:
    (1) Documentation regarding the person with HIV; and

[[Page 696]]

    (2) Documentation regarding the eligibility of the survivor to 
receive payments as a survivor of the person with HIV.
    (c) Petitions filed by survivors must include the following 
information regarding the person with HIV:
    (1) The individual. Petitions filed by a survivor of the individual 
with a blood-clotting disorder and HIV must include the documentation 
described in Sec. 130.21(b).
    (2) The lawful spouse. Petitions filed by a survivor of the lawful 
spouse with HIV must include the documentation described in Sec. 
130.21(c).
    (3) The former lawful spouse. Petitions filed by a survivor of the 
former lawful spouse with HIV must include the documentation described 
in Sec. 130.21(d).
    (4) The child. Petitions filed by a survivor of the child with HIV 
must include the documentation described in Sec. 130.21(e).
    (d) Petitions filed by survivors must include the following 
information regarding the relationship between the survivor and the 
person with HIV:
    (1) The surviving spouse. Petitions filed by the surviving spouse 
must include the following written documentation:
    (i) A death certificate for the person with HIV, or other evidence 
of that individual's death;
    (ii) A marriage certificate or other proof of a lawful marriage, 
which shows that the survivor was the spouse, as defined in Sec. 
130.11(d)(1), of the person with HIV; and
    (iii) A sworn statement signed by the surviving spouse which states 
that the surviving spouse and the person with HIV were married at the 
time of that individual's death.
    (2) The surviving child/children. Petitions filed by the surviving 
child/children must include the following written documentation:
    (i) A death certificate for the person with HIV, or other evidence 
of that individual's death;
    (ii) A birth certificate, adoption certificate, documentation that 
shows that the survivor is the stepchild of the person with HIV (for 
example, a certificate of marriage between the survivor's parent and the 
person with HIV), or other documentation which shows that the survivor 
is the child, as defined in Sec. 130.11(d)(2), of the person with HIV; 
and
    (iii) A sworn statement signed by the surviving child/children which 
either:
    (A) States that, to the best of the petitioner's knowledge, there 
are no other survivors who are eligible for payment under the Act, as 
described in Sec. 130.11 (i.e., no eligible surviving spouses or other 
surviving children); or
    (B) Provides information regarding other survivors who are eligible 
for payment under the Act.
    (3) The surviving parent(s). Petitions filed by the surviving 
parent(s) must include the following written documentation:
    (i) A death certificate for the person with HIV, or other evidence 
of that individual's death;
    (ii) A birth certificate, adoption certificate or other 
documentation which shows that the survivor is the parent, as defined in 
Sec. 130.11(d)(3), of the person with HIV; and
    (iii) A sworn statement signed by the surviving parent(s) which 
either:
    (A) States that, to the best of the petitioner's knowledge, there 
are no other survivors who are eligible for payment under the Act, as 
described in Sec. 130.11 (i.e., no eligible surviving spouse, surviving 
children or other surviving parents); or
    (B) Provides information regarding other survivors who are eligible 
for payment under the Act.

(Approved by the Office of Management and Budget under control number 
0915-0244)



Sec. 130.23  What documentation is required for amendments to petitions, which 

are filed by survivors of persons with HIV?

    (a) The following survivors must file amendments to petitions in 
order to retain the assigned order number described in Sec. 130.32 and 
to receive payment under the Act:
    (1) A survivor of the person with HIV, when the person with HIV has 
filed a petition under the Act, but then died before receiving payment;
    (2) The next-ranked survivor eligible to receive payment under the 
Act, as described in Sec. 130.11(b), when a previously-ranked survivor 
has filed a petition or an amendment to a petition

[[Page 697]]

as a survivor of the person with HIV, but then died before receiving 
payment; and
    (3) In the case of petitions filed by multiple survivors (i.e., 
multiple surviving children or multiple surviving parents), where one of 
the survivors dies before receiving payment, the other survivors must 
file an amendment in order to notify the Secretary that the payment 
should be made to, and divided among, only the remaining survivors.
    (b) Survivors described in paragraph (a) of this section shall amend 
the original petition by filing the petition form set forth at Appendix 
C to this part, including the section pertaining to amendments to 
petitions.
    (c) Amendments to petitions filed by survivors must include the 
following documentation:
    (1) Survivors described in paragraph (a)(1) of this section must 
include the documentation described in Sec. 130.22(d), which shows that 
the survivor is eligible to file a petition as a survivor of the person 
with HIV.
    (2) Survivors described in paragraph (a)(2) of this section must 
include:
    (i) The documentation described in Sec. 130.22(d), which shows that 
the survivor is eligible to file a petition as a survivor of the person 
with HIV; and
    (ii) A death certificate for the survivor whose petition is being 
amended, or other evidence of that survivor's death.
    (3) Survivors described in paragraph (a)(3) of this section must 
include a death certificate for the survivor who has died, or other 
evidence of that survivor's death.
    (d) Amendments to petitions filed by survivors described in 
paragraph (a) of this section will retain the same order number assigned 
to the original petition.
    (e) In those cases in which the Secretary has reviewed the original 
petition prior to receiving an amendment to the petition, the Secretary 
will determine whether to pay the survivors described in paragraph (a) 
as follows:
    (1) If the Secretary has determined that the original petition does 
not include all of the documentation described in this Subpart C (i.e., 
it is incomplete), the survivor will be given the opportunity to 
complete the petition prior to a final determination in accordance with 
the procedures set forth at Sec. 130.33.
    (2) If the Secretary has determined that the original petition does 
not meet the requirements of the Act, the survivor will be so notified 
and payment will not be made. The survivor may seek reconsideration 
under Sec. 130.40.
    (3) If the Secretary has determined that the original petition meets 
the requirements of the Act, and the survivor meets the survivor 
requirements of the Act, the survivor will receive payment as described 
in Sec. 130.3.
    (f) In those cases in which the Secretary has not yet made the 
determination whether the original petition meets the requirements of 
the Act, the Secretary will review the amended petition according to the 
order number assigned to the original petition, and then determine 
whether the petition is complete and whether to pay the petition as 
described in paragraph (e) of this section.

(Approved by the Office of Management and Budget under control number 
0915-0244)



Sec. 130.24  What additional documentation may the Secretary require to 

resolve eligibility or payment issues?

    (a) In addition to the applicable documentation required under this 
subpart, the Secretary may require the petitioner to provide other 
documentation, as the Secretary deems appropriate, to resolve issues of 
eligibility, or of the procedure for payment, raised by a petition.
    (b) Where a petition filed on behalf of a minor or other individual 
who is legally incompetent to receive payment has been approved for 
payment, the personal representative filing the petition on the 
individual's behalf must submit the following before payment can be made 
for the legally incompetent individual:
    (1) Documentation of a guardianship or conservatorship, established 
in accordance with State and local law; and

[[Page 698]]

    (2) Information identifying a guardianship or conservatorship 
account.

(Approved by the Office of Management and Budget under control number 
0915-0244)

[66 FR 58672, Nov. 23, 2001]



      Subpart D_Procedures for Filing and Paying Complete Petitions



Sec. 130.30  Who may file a petition for payment or an amendment to a 

petition?

    The following individuals may file a petition for payment under the 
Act:
    (a) All eligible individuals, as described in subpart B of this 
part, including living persons with HIV and survivors of persons with 
HIV; and
    (b) Personal representatives of eligible individuals:
    (1) Where the eligible individual does not have the legal capacity 
to receive payment under the Act, as described in Sec. 130.35(e); or
    (2) Where the eligible individual does have the legal capacity to 
receive payment under the Act and signs the sworn statement included at 
the end of the petition.

(Approved by the Office of Management and Budget under control number 
0915-0244)



Sec. 130.31  How and when is a petition for payment filed?

    (a) In order to receive payment under the Act, all eligible 
individuals, as described in subpart B of this part, must file a 
complete petition with the Secretary. A complete petition is one that 
contains all of the required documentation described in Subpart C of 
this part.
    (b) A copy of the petition form, which must be filed by all eligible 
individuals, including individuals with a blood-clotting disorder and 
HIV, the lawful spouse with HIV, the former lawful spouse with HIV, the 
child with HIV, and the survivors of persons with HIV, is set forth at 
Appendix C to this part. Appendix C includes the petition form, the 
instructions for filing the petition form, and a documentation 
checklist.
    (c) Where there are multiple surviving children or surviving 
parents, payments on the petition will be made to each survivor 
separately. The survivors shall:
    (1) File one petition form jointly, which will contain the required 
documentation for all survivors, and which will be signed by at least 
one survivor; or
    (2) File separate petition forms, which together will contain all of 
the required documentation for all survivors, and which will be signed 
by each survivor.
    (d) Petitions may be obtained from the Ricky Ray Program Office, 
Bureau of Health Professions, HRSA, Room 8A-54, 5600 Fishers Lane, 
Rockville, Maryland 20857.
    (e) All petitions must be submitted to the Ricky Ray Program Office, 
Bureau of Health Professions, HRSA, Room 8A-54, 5600 Fishers Lane, 
Rockville, Maryland 20857.
    (f) The date on which the Secretary will begin accepting petitions 
is July 31, 2000.
    (1) In order to be eligible for review, petitions may be postmarked 
on or after this date. A legibly dated receipt from a commercial carrier 
or U.S. Postal Service will be accepted in lieu of a postmark. Petitions 
that are postmarked by a private meter will not be accepted.
    (2) Petitions that are postmarked, or accompanied by a receipt from 
a commercial carrier or U.S. Postal Service, prior to this date will be 
returned to the petitioner. Petitions that are delivered by hand at any 
time will be returned to the petitioner.
    (g) Deadlines. The deadline for filing a petition is November 13, 
2001. To meet this deadline, the petition must be postmarked, or 
accompanied by a receipt from a commercial carrier or U.S. Postal 
Service, by such date. Any new petition filed after such date will be 
returned to the petitioner as ineligible for payment, even if the 
petitioner filed a timely Notice of Intent as provided in the procedure 
described in the Federal Register of March 24, 1999 (64 FR 14251).
    (1) If a petitioner submits a petition to the Secretary by November 
13, 2001, and the Secretary has determined, in accordance with Sec. 
130.34, that the petition does not meet the requirements of the Act, the 
petitioner may submit a

[[Page 699]]

new petition for payment, which includes additional documentation that 
was not included in the original petition. The deadline for filing this 
new petition is November 13, 2001.
    (2) If a petitioner submits a petition to the Secretary by November 
13, 2001, and the Secretary has not yet made the determination whether 
the petition meets the requirements of the Act, the petitioner may 
supplement the original petition with additional documentation at any 
time until the date of the Secretary's determination.
    (3) If a petitioner files an amendment to a petition, as described 
in Sec. 130.23, the deadline for filing this amendment is the date of 
the Secretary's determination of eligibility or the date of payment, 
whichever is later.
    (h) Petitioners who filed claims under the Factor Concentrate 
Settlement. Petitioners who filed claims under the class settlement in 
the case of Susan Walker v. Bayer Corporation,et al., 96-C-5024 (N.D. 
Ill.) (i.e., the Factor Concentrate Settlement) must file a complete 
petition with the Secretary, together with all required documentation, 
as described in subpart C of this part.
    (1) If the petitioner submitted a claim in the Factor Concentrate 
Settlement which included all of the documents required to establish 
eligibility under the Act, he or she may submit original or duplicate 
copies of those documents to the Secretary.
    (2) If the petitioner submitted a claim in the Factor Concentrate 
Settlement which included some, but not all, of the documents required 
to establish eligibility under the Act, he or she may submit original or 
duplicate documents as described in paragraph (h)(1) of this section, 
together with the additional documents required under the Act.
    (3) If the petition is filed by someone other than an individual who 
filed a claim in the Factor Concentrate Settlement (e.g., survivors of 
the person with HIV, personal representatives), he or she may submit 
original or duplicate documents as described in paragraph (h)(1) or 
(h)(2) of this section in order to satisfy that portion of the petition 
relating to the person with HIV.

(Approved by the Office of Management and Budget under control number 
0915-0244)



Sec. 130.32  How and when will the Secretary determine the order of receipt of 

petitions?

    (a) The order that the petition was received by the Secretary will 
be determined by the postmark date or the date indicated by a commercial 
carrier or the U.S. Postal Service, in accordance with Sec. 130.31(f).
    (b) If the Secretary receives more than one petition which is either 
postmarked or dated by a commercial carrier or the U.S. Postal Service 
on the same date, the Department will conduct a random selection of each 
day's submissions to determine the order within each group of petitions.
    (c) A number will be assigned to each petition indicating the order 
in which it is selected.



Sec. 130.33  How will the Secretary determine whether a petition is complete?

    (a) If the Secretary determines that a petition does not include all 
of the documentation described in subpart C of this part (i.e., it is 
incomplete), the petitioner will be given the opportunity to complete 
the petition prior to a final determination.
    (b) The petitioner will be notified that the Secretary has 
determined that the petition is incomplete and, for purposes of 
retaining the assigned order number described in Sec. 130.32, will be 
given 60 calendar days from the date of the notice to submit the missing 
information. If the petitioner submits the missing information within 60 
calendar days, and the Secretary determines that the petition meets the 
requirements of the Act, the petitioner will be paid according to the 
assigned order number.
    (c) If the petitioner is unable to complete the petition, the 
petitioner may submit written documentation to the Secretary, within 60 
calendar days, which shows good cause why the required medical or legal 
documentation is unavailable. If the Secretary determines that the 
petitioner has provided an adequate showing of good cause and is 
otherwise eligible for payment under the Act, the petitioner will be 
paid according to the assigned order number. The Secretary may allow 
additional time beyond the 60-day deadline, as the

[[Page 700]]

Secretary deems appropriate, for the petitioner to provide the 
documentation required to complete the petition.
    (d) The Secretary will process the petition according to Sec. 
130.34 if:
    (1) The petition does not include the required documentation, as 
described in subpart C, even after the opportunity is given to complete 
it;
    (2) The 60-day deadline, or the extended deadline under Sec. 
130.33(c), as applicable, to complete the petition is not met; or
    (3) An adequate showing of good cause why the required medical or 
legal documentation is unavailable is not provided.

[65 FR 34864, May 31, 2000, as amended at 66 FR 58672, Nov. 23, 2001]



Sec. 130.34  How will the Secretary determine whether to pay a petition?

    (a) Subject to available resources, the Secretary will review each 
petition filed under the Act and make one of the following 
determinations:
    (1) If the Secretary concludes that the petition does not meet the 
requirements of the Act, the petitioner will be so notified and payment 
will not be made. These petitioners may seek reconsideration under Sec. 
130.40.
    (2) If the Secretary concludes that the petition does meet the 
requirements of the Act, the petitioner will receive payment as 
described in Sec. 130.3.
    (b) Petitions will be reviewed based upon the assigned number 
indicating the order of receipt, as described in Sec. 130.32.



Sec. 130.35  How and when will the Secretary pay a petition?

    (a) To the extent practicable, determinations on complete petitions 
will be made not later than 120 calendar days after the date that the 
Secretary determines that the petition is complete.
    (b) Payments on petitions will be made as soon as practicable after 
a determination that a complete petition meets the requirements of the 
Act.
    (c) For each eligible individual, as described in subpart B of this 
part, the Secretary will make only one payment on a petition.
    (d) Where there are multiple surviving children or surviving 
parents, survivors who have submitted all required documentation and are 
otherwise eligible for payment under the Act, will be paid their 
share(s) of the payment, as described in Sec. 130.11(b)(2) and (3). If 
any surviving children or surviving parents who are otherwise eligible 
for payment have not submitted the required documentation, their 
share(s) of the payment will remain in the Fund until such time as they 
complete their petitions by submitting such documentation. If they have 
not submitted the required documentation by the time that the Fund 
terminates, their share(s) will revert back to the Treasury.
    (e) Payments on petitions will be made to eligible individuals, as 
described in subpart B, unless the eligible individual is legally 
incompetent to receive payment. A personal representative may receive 
payment for a legally incompetent individual by submitting the following 
written documentation to the Secretary:
    (1) Proof showing that the eligible individual does not have the 
legal capacity to receive payment under the Act, such as a birth 
certificate showing that the eligible individual is a minor, or other 
evidence showing that the eligible individual is legally incompetent; 
and
    (2) Proof showing that the personal representative has the authority 
to receive payment for the eligible individual, such as proof of legal 
guardianship.



                  Subpart E_Reconsideration Procedures



Sec. 130.40  Reconsideration of denial of petitions.

    (a) Right of reconsideration. Every individual who has filed a 
petition and has been denied payment may seek reconsideration. To seek 
such reconsideration, the petitioner must put a request for 
reconsideration in writing and send it to the Deputy Associate 
Administrator for Health Professions, Health Resources and Services 
Administration, Room 8A-54, 5600 Fishers Lane, Rockville, Maryland 
20857. The request for reconsideration must be received by the Deputy 
Associate Administrator for Health Professions within

[[Page 701]]

60 calendar days of the date the Department denied the petition for 
payment.
    (b) Request for reconsideration. The request for reconsideration 
must state the reasons why the petitioner is seeking reconsideration. 
However, the request for reconsideration may not include any additional 
documentation that was not included in the completed petition.
    (c) Review process. When the Deputy Associate Administrator for 
Health Professions receives a request for reconsideration, he will 
convene a panel of three individuals, who are independent of the Ricky 
Ray Program Office, to review the initial determination and make a 
recommendation regarding payment. The Deputy Associate Administrator for 
Health Professions will review the panel's recommendation and then 
determine whether the petitioner is eligible for payment under the Act. 
The Deputy Associate Administrator for Health Professions' determination 
will constitute the Department's final action on the request for 
reconsideration. If the determination is that the petitioner is eligible 
for payment, the petitioner will receive payment as described in Sec. 
130.3. If the determination is that the petitioner is not eligible for 
payment, the Deputy Associate Administrator for Health Professions will 
inform the petitioner in writing of the reasons for this determination.



                         Subpart F_Attorney Fees



Sec. 130.50  Limitation on agent and attorney fees.

    As provided by section 107 of the Act:
    (a) Notwithstanding any contract, the representative of an 
individual may not receive, for services rendered in connection with the 
petition of an individual under this Act, more than 5 percent of a 
payment made under this Act (i.e., $5,000) on the petition.
    (b) Any such representative who violates this section is subject to 
a fine of not more than $50,000.

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 Sec. Appendix C to Part 130--Petition Form, Petition Instructions, and 

                         Documentation Checklist

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                        PARTS 131-135 [RESERVED]

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