American Liver Society

 

American Liver Society

 

Donate Life

         Liver Society

   Liver Health

   Liver Diseases

   Liver Disorders

   Liver Syndromes

     Liver Transplants

Bryant Brothers
Hemophilia Relief Fund
Act of 2004
 


Current Status of the Bryant Brothers Hemophilia Relief Fund Act - as of February 10, 2004:

The Bryant Brothers Bill has been drafted and submitted into the legislative process through the United States House of Representatives by Congressman Frank Ballance, D-NC. The current text of the bill follows:

[Discussion Draft] H.L.C.


108TH CONGRESS
2D SESSION


H. R.


To provide for compassionate payments with regard to individuals with bloodclotting
disorders, such as hemophilia, who contracted hepatitis C virus
due to contaminated cryoprecipitate or antihemophilic factor.

IN THE HOUSE OF REPRESENTATIVES

Mr. BALLANCE introduced the following bill; which was referred to the
Committee on __________

A BILL

To provide for compassionate payments with regard to individuals
with blood-clotting disorders, such as hemophilia,
who contracted hepatitis C virus due to contaminated
cryoprecipitate or antihemophilic factor.

Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Bryant Brothers Hemophilia Relief Fund Act of 2004’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Bryant Brothers Hemophilia Relief Fund.

2
[Discussion Draft] H.L.C.

Sec. 3. Compassionate payment relating to individuals with blood-clotting disorders
and HCV.
Sec. 4. Determination and payment.
Sec. 5. Limitation on transfer of rights and number of petitions.
Sec. 6. Time limitation.
Sec. 7. Certain claims not affected by payment.
Sec. 8. Limitation on agent and attorney fees.
Sec. 9. Definitions.

SEC. 2. BRYANT BROTHERS HEMOPHILIA RELIEF FUND.
(a) ESTABLISHMENT.—There is established in the
Treasury of the United States a trust fund to be known
as the ‘‘Bryant Brothers Hemophilia Relief Fund’’, which
shall be administered by the Secretary of the Treasury.
(b) INVESTMENT OF AMOUNTS IN FUND.—Amounts
in the Fund shall be invested in accordance with section
9702 of title 31, United States Code, and any interest on
and proceeds from any such investment shall be credited
to and become part of the Fund.
(c) AVAILABILITY OF FUND.—Amounts in the Fund
shall be available only for disbursement by the Secretary
of Health and Human Services under section 4.
(d) TERMINATION.—The Fund shall terminate upon
the expiration of the 6-year period beginning on the date
of the enactment of this Act. If all of the amounts in the
Fund have not been expended by the end of the 6-year
period, investments of amounts in the Fund shall be liq-
uidated, the receipts of such liquidation shall be deposited
in the Fund, and all funds remaining in the Fund shall


3
[Discussion Draft] H.L.C.

be deposited in the miscellaneous receipts account in the
Treasury of the United States.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Fund to carry out
this Act $1,000,000,000.
SEC. 3. COMPASSIONATE PAYMENT RELATING TO INDIVID-
UALS WITH BLOOD-CLOTTING DISORDERS
AND HCV.
(a) IN GENERAL.—If the conditions described in sub-
section (b) are met and if there are sufficient amounts
in the Fund to make each payment, the Secretary shall
make a single payment of $200,000 from the Fund to any
individual who has an HCV infection and who is described
in one of the following paragraphs:
(1) The individual has any form of blood-clot-
ting disorder, such as hemophilia, and was treated
with cryoprecipitate or antihemophilic factor at any
time during the period beginning on January 1,
1974, 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 indi-
vidual described in paragraph (1) and was the
lawful spouse of the individual at any time after


4
[Discussion Draft] H.L.C.

a date, within the period described in such sub-
paragraph, on which the individual was treated
as described in such paragraph and through
medical documentation can assert reasonable
certainty of transmission of HCV from indi-
vidual described in paragraph (1).
(3) The individual acquired the HCV infection
through perinatal transmission from a parent who is
an individual described in paragraph (1) or (2).
(b) CONDITIONS.—The conditions described in this
subsection are, with respect to an individual, as follows:
(1) SUBMISSION OF MEDICAL DOCUMENTATION
OF HCV INFECTION.—The individual submits to the
Secretary written medical documentation that the in-
dividual has an HCV infection.
(2) PETITION.—A petition for the payment is
filed with the Secretary by or on behalf of the indi-
vidual.
(3) DETERMINATION.—The Secretary deter-
mines, in accordance with section 4(b), that the peti-
tion meets the requirements of this Act.
SEC. 4. DETERMINATION AND PAYMENT.
(a) ESTABLISHMENT OF FILING PROCEDURES.—The
Secretary of Health and Human Services shall establish
procedures under which individuals may submit petitions


5
[Discussion Draft] H.L.C.

for payment under this Act. The procedures shall include
a requirement that each petition filed under this Act in-
clude written medical documentation that the relevant in-
dividual described in section 3(a)(1) has (or had) a blood-
clotting disorder, such as hemophilia, and was treated as
described in such section.
(b) DETERMINATION.—For each petition filed under
this Act, the Secretary shall determine whether the peti-
tion meets the requirements of this Act.
(c) PAYMENT.—
(1) IN GENERAL.—To the extent there are suf-
ficient amounts in the Fund to cover each payment,
the Secretary shall pay, from the Fund, each peti-
tion that the Secretary determines meets the re-
quirements of this Act in the order received.
(2) PAYMENTS IN CASE OF DECEASED INDIVID-
UALS.—
(A) IN GENERAL.—In the case of an indi-
vidual referred to in section 3(a) who is de-
ceased 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:
(i) If the individual is survived by a
spouse who is living at the time of pay-


6
[Discussion Draft] H.L.C.

ment, the payment shall be made to such
surviving spouse.
(ii) If the individual is not survived by
a spouse described in clause (i), the pay-
ment 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) FILING OF PETITION BY SURVIVOR.—
If an individual eligible for payment under sec-
tion 3(a) dies before filing a petition under this
Act, a survivor of the individual may file a peti-
tion for payment under this Act on behalf of
the individual if the survivor may receive pay-
ment under subparagraph (A).
(C) DEFINITIONS.—For purposes of this
paragraph:


7
[Discussion Draft] H.L.C.

(i) The term ‘‘spouse’’ means an indi-
vidual who was lawfully married to the rel-
evant individual at the time of death.
(ii) The term ‘‘child’’ includes a recog-
nized 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 fa-
thers and mothers through adoption.
(3) TIMING OF PAYMENT.—The Secretary may
not make a payment on a petition under this Act be-
fore the expiration of the 120-day period beginning
on the date of the enactment of this Act or after the
expiration of the 6-year period beginning on the date
of the enactment of this Act.
(d) ACTION ON PETITIONS.—The Secretary shall
complete the determination required by subsection (b) re-
garding a petition not later than 120 days after the date
the petition is filed under this Act.
(e) 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 HCV infection


8
[Discussion Draft] H.L.C.

arising from treatment with cryoprecipitate or
antihemophilic factor, at any time during the period begin-
ning on January 1, 1974, and ending on December 31,
1987. A payment under this Act shall, however, when ac-
cepted by or on behalf of the individual, be in full satisfac-
tion of all such claims by or on behalf of that individual.
(f) ADMINISTRATIVE COSTS NOT PAID FROM
FUND.—No costs incurred by the Secretary in carrying
out this Act may be paid from the Fund or set off against,
or otherwise deducted from, any payment made under sub-
section (c)(1).
(g) TERMINATION OF DUTIES OF SECRETARY.—The
duties of the Secretary under this section shall cease when
the Fund terminates.
(h) TREATMENT OF PAYMENTS UNDER OTHER
LAWS.—A payment under subsection (c)(1) to an
individual—
(1) shall be treated for purposes of the Internal
Revenue Code of 1986 as damages described in sec-
tion 104(a)(2) of such Code;
(2) shall not be included as income or resources
for purposes of determining the eligibility of the in-
dividual to receive benefits [review: this was included
in the original Ricky Ray Relief Act: described in
section 3803(c)(2)(C) of title 31, United States


9
[Discussion Draft] H.L.C.

Code, or the amount of such benefits,] and such
benefits shall not be secondary to, conditioned upon
reimbursement from, or subject to any reduction be-
cause of receipt of, any such payment; and
(3) shall not be treated as a third party pay-
ment 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 re-
spect to such benefits (including the Federal or
State governments or any entity that provides such
benefits under a contract).
(i) REGULATORY AUTHORITY.—The Secretary may
issue regulations necessary to carry out this Act.
(j) TIME OF ISSUANCE OF PROCEDURES.—The Sec-
retary shall, through the promulgation of appropriate reg-
ulations, guidelines, or otherwise, first establish the proce-
dures to carry out this Act not later than 120 days after
the date of the enactment of this Act.
SEC. 5. LIMITATION ON TRANSFER OF RIGHTS AND NUM-
BER OF PETITIONS.
(a) RIGHTS NOT ASSIGNABLE OR TRANSFERABLE.—
Any right under this Act shall not be assignable or trans-
ferable.


10
[Discussion Draft] H.L.C.

(b) ONE PETITION WITH RESPECT TO EACH VIC-
TIM.—With respect to each individual described in para-
graph (1), (2), or (3) of section 3(a), the Secretary may
not make payment with respect to more than one petition
filed in respect to an individual.
SEC. 6. TIME LIMITATION.
The Secretary may not make any payment with re-
spect to any petition filed under this Act unless the peti-
tion is filed within 4 years after the date of the enactment
of this Act.
SEC. 7. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT.
A payment made under section 4(c)(1) shall not be
considered as any form of compensation, or reimburse-
ment for a loss, for purposes of imposing liability on the
individual receiving the payment, on the basis of such re-
ceipt, to repay any insurance carrier for insurance pay-
ments or to repay any person on account of worker’s com-
pensation payments. A payment under this Act shall not
affect any claim against an insurance carrier with respect
to insurance or against any person with respect to work-
er’s compensation.
SEC. 8. LIMITATION ON AGENT AND ATTORNEY FEES.
Notwithstanding any contract, the representative of
an individual may not receive, for services rendered in con-
nection with the petition of an individual under this Act,


11
[Discussion Draft] H.L.C.

more than 3 percent of a payment made under this Act
on the petition. Any such representative who violates this
section shall be fined not more than $50,000.
SEC. 9. DEFINITIONS.
For purposes of this Act: [definitions omitted from
submitted draft]
(1) The term ‘‘Fund’’ means the Bryant Broth-
ers Hemophilia Relief Fund established under sec-
tion 2.
(2) The term ‘‘HCV’’ means the hepatitis C
virus. 11
(3) Unless otherwise provided, the term ‘‘Sec-
retary’’ means Secretary of Health and Human
Services.
 

About the American Liver Society

American Liver Society Groups

American Liver Society Advocay

American Liver Society Resources

American Liver Society Research

American Liver Society Legal

         About Us

             Groups

           Advocacy

           Resources

           Research

               Legal

Web site design by: Global Advanced Media

http://www.globaladvancedmedia.com

Web site hosting courtesy of Global Advanced Media

http://www.global-advanced-media.com