42 C.F.R. Subpart A—General Provisions
Title 42 - Public Health
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. 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 §130.10(c). (e) Former lawful spouse means a person to whom an individual described in §130.10(a): (1) Was married according to the laws of the place where the person resided 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, and December 31, 1987); and (2) Is no longer married. (f) Former lawful spouse with HIV means the individual described in §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 §130.10(a). (k) Lawful spouse means a person to whom an individual described in §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 §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 §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. 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.
Title 42: Public Health
PART 130—RICKY RAY HEMOPHILIA RELIEF FUND PROGRAM
Subpart A—General Provisions
§ 130.1 Purpose.
§ 130.2 Definitions.
§ 130.3 Amount of payments.
