2011 US Code
Title 42 - The Public Health and Welfare
Chapter 6A - PUBLIC HEALTH SERVICE (§§ 201 - 300mm-61)
Subchapter IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN INFANT DEATH SYNDROME (§§ 300b - 300c-22)
Part C - Hemophilia Programs (§§ 300c-21 - 300c-22)
Section 300c-22 - Blood-separation centers
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER IX - GENETIC DISEASES, HEMOPHILIA PROGRAMS, AND SUDDEN INFANT DEATH SYNDROME Part C - Hemophilia Programs Sec. 300c-22 - Blood-separation centers |
Contains | section 300c-22 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | No |
Disposition | standard |
Source Credit | July 1, 1944, ch. 373, title XI, §1132, as added Pub. L. 94-63, title VI, §606, July 29, 1975, 89 Stat. 351; amended Pub. L. 95-83, title III, §306(c), Aug. 1, 1977, 91 Stat. 389; Pub. L. 95-626, title II, §206(b), Nov. 10, 1978, 92 Stat. 3584. |
Statutes at Large References | 89 Stat. 351 91 Stat. 389 92 Stat. 3584 96 Stat. 1067 112 Stat. 3368 114 Stat. 2763 124 Stat. 3854 |
Public Law References | Public Law 94-63, Public Law 95-83, Public Law 95-626, Public Law 97-258, Public Law 105-369, Public Law 106-554, Public Law 111-350 |
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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 fractionsIn 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 applicationNo grant or contract may be made under subsection (a) or (b) of this section 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 contractsContracts may be entered into under subsection (a) of this section without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41.
(e) Authorization of appropriationsFor the purpose of making payments under grants and contracts under subsections (a) and (b) of this section, 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 Pub. L. 94–63, title VI, §606, July 29, 1975, 89 Stat. 351; amended Pub. L. 95–83, title III, §306(c), Aug. 1, 1977, 91 Stat. 389; Pub. L. 95–626, title II, §206(b), Nov. 10, 1978, 92 Stat. 3584.)
CodificationIn 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 Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, which Act enacted Title 31, Money and Finance, and Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments1978—Subsec. (e). Pub. L. 95–626 inserted provisions authorizing appropriations for fiscal years ending Sept. 30, 1979, 1980, and 1981.
1977—Subsec. (e). Pub. L. 95–83 substituted provisions authorizing appropriations for fiscal years ending Sept. 30, 1977 and 1978, for prior such authorization for fiscal year 1977.
Effective DateSection effective July 1, 1975, see section 608 of Pub. L. 94–63, set out as an Effective Date of 1975 Amendment note under section 247b of this title.
Ricky Ray Hemophilia Relief FundPub. L. 105–369, Nov. 12, 1998, 112 Stat. 3368, as amended by Pub. L. 106–554, §1(a)(6) [title IX, §932], Dec. 21, 2000, 114 Stat. 2763, 2763A–585, provided that:
“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.“(a)
“(b)
“(a)
“(b)
“(c)
“(d)
“(e)
“(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)
“(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)
“(a)
“(b)
“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 [section 1396 et seq. of this title]; or
“(B) supplemental security income benefits under title XVI of the Social Security Act [section 1381 et seq. of this title].
“(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)
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