Ricky Ray Hemophilia
Relief Fund
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| Policies & Procedures
Reminder:
To be eligible for payment, petitions were required to be postmarked or have a
commercial carrier receipt dated between July 31, 2000 and November 13, 2001.
No petition postmarked after November 13, 2001 will be accepted for review. Question
& Answer Categories on this page:
Received Less than
$100,000 Payment | Adding Documentation to Petition
| Receiving the Payment | Withdrawing
a Petition | Attorney-Filed Petition | Minors
& Incompetent Adults | Additional Payments Received
Less than $100,000 Compassionate Payment
1.
I am the mother of an eligible, deceased individual who had a blood-clotting disorder
and HIV. I filed a petition on time and received a $50,000 compassionate payment.
I could not locate the child’s father. However, in January 2003, I found
the child’s father and would like to augment my petition to include him so
he can collect $50,000. Is it too late, since this is after the November 13, 2001,
postmark date?
As long as you are the petitioner and you elect to include
the father, the Program will allow you to augment your petition. If the documentation
(e.g., your child’s birth certificate or court-ordered child support) identifies
the child’s father, then the Program will accept it for review. You may need
to provide a Payment Information Form for the child’s father. Contact the
Ricky Ray Program’s toll-free help line, 1-888-496-0338 to obtain a copy.
All documents must be provided in sufficient time for review and processing prior
to November 12, 2003. 2.
When I petitioned the Ricky Ray Program, I was only approved for $50,000 because
the Ricky Ray Act says that the compassionate payment must be divided in equal
shares between the surviving parents. My son’s father never saw him and never
supported us. After receiving my payment, I went to court and I now have a judgment
from the court that I am the sole surviving parent. What can I do to receive the
outstanding share?
Submit the decision by a court of competent jurisdiction
to the Ricky Ray Program. We will re-review your petition and if the documentation
supports that you are the sole parent, you will receive the remaining share of
$50,000. You may need to provide a Payment Information Form if the one we have
on file for you is out of date. Contact the Ricky Ray Program’s toll-free
help line, 1-888-496-0338 to obtain a copy. All documents must be provided in
sufficient time for review and processing prior to November 12, 2003. 3.
I filed a petition as the sole survivor of my child and was only approved for
$50,000. When I contacted the Program, I was told that I had not documented that
the other parent was deceased or that her parental rights had been terminated.
She died recently, and I understand that she had not filed a petition with the
Program. Can I now use her death certificate to support that I am the sole surviving
parent?
Yes. If you can provide her death certificate, the Program
will re-review your petition. If your petition now supports your statement that
you are the sole surviving parent, you will receive the remaining share of $50,000.
You may need to provide a Payment Information Form if the one we have on file
for you is out of date. Contact the Ricky Ray Program’s toll-free help line,
1-888-496-0338 to obtain a copy. All documents must be provided in sufficient
time for review and processing prior to November 12, 2003. 4.
I submitted a petition on behalf of myself and two brothers as survivors of our
mother, who was an eligible individual. Our petition was approved for a $100,000
payment. One brother and I received $33,333.33. However, the third brother never
gave me a copy of his Payment Information Form. I don’t even know if he is
alive or dead. What will happen to his share as a child survivor?
If
you provide his death certificate to the Program and we determine that he has
not been paid, then we will divide his share between his two surviving siblings.
The Act requires payments to child survivors to be divided into equal shares.
Thus, the $100,000 compassionate payment will be divided in two shares and not
three. If he is alive but has not submitted a Payment Information Form by November
12, 2003, his share of the money will revert to the miscellaneous fund of the
U.S. Treasury. 5.
My ex-wife submitted a petition to the Ricky Ray Program and received $50,000.
She did not tell me about the Program until after the deadline for new petitions.
I believe I should be paid. What can I do?
We regret there is nothing
you can do. Only a petitioner can augment a petition. Unless you submitted a petition
postmarked by November 13, 2001, you are not eligible for payment under the Act.
Adding
New Documentation to Denied Petitions
6.
I have hemophilia and HIV. I took blood-clotting factor in 1983, but I was not
able to document this because the hospital destroyed the records that were over
10 years old. I was disapproved for payment because I could not provide the documentation.
I now have copies of the prescriptions from the pharmacy that show that I received
antihemophilic factor within the legislated time frame. Can I now submit this
to the Program and add it to my petition for re-review?
Yes. You can
augment your petition with the copies of the prescriptions that showed you took
antihemophilic factor between July 1, 1982, and December 31, 1987, and your petition
will be re-reviewed. If the new documentation supports that you meet the medical
criteria of the Act, your petition may be approved for payment. All documents
must be provided in sufficient time for review and processing prior to November
12, 2003. 7.
I submitted a petition to the Ricky Ray Program as my father’s survivor.
My petition was disapproved because his second wife (my stepmother) was identified
as his survivor on his death certificate. She has since died. I do not know whether
or not she filed a petition. What should I do, now that the November 13, 2001
filing deadline has passed?
Your petition was denied because there
is a hierarchy of survivors in the Act: (a) surviving spouse, (b) child(ren) if
there is no spouse, (c) parent (s) is there is no spouse and no child. If the
surviving spouse has died, submit her death certificate to the Ricky Ray Program.
The Program will re-review your petition and examine it in light of the newly
provided documentation. If your petition now supports that you are the eligible
survivor based on the hierarchy, then you will receive your share of the compassionate
payment on behalf of your father. All of your father’s children, including
adopted and stepchildren may be eligible to divide the $100,000 payment in equal
shares. You must document their relationship to your father. You may need to provide
a Payment Information Form for each of your father’s children. Contact the
Ricky Ray Program’s toll-free help line, 1-888-496-0338 to obtain a copy.
All documents must be provided in sufficient time for review and processing prior
to November 12, 2003. 8.
I was disapproved as the child survivor of an eligible individual because his
name was not on my birth certificate. My mother and he were never married, and
our State does not put the father’s name on the birth certificate in those
cases. If I can document that he really was my father, what can I do at this late
date to receive a payment?
As long as you have a petition in the system,
you may augment it with any documentation that will demonstrate that he is your
father. This could include school records that identify your father, Department
of Veterans Affairs or Department of Defense benefits or Social Security Administration
benefits that you may have received as his son, or court-ordered child support
documents. In addition, you will need to provide a Payment Information Form. Contact
the Ricky Ray Program’s toll-free help line, 1-888-496-0338 to obtain a copy.
All documents must be provided in sufficient time for review and processing prior
to November 12, 2003. Receiving
the Compassionate Payment
9.
Is there a particular 9-digit American Banking Association (ABA) routing number,
that I need to provide on my payment information form to ensure the electronic
transfer of funds is made successfully to my account?
Yes. The Department
of Treasury makes a direct deposit into your checking or savings account by using
the ABA routing number for Electronic Funds Transfers (EFT) through the Automated
Clearing House (ACH) System. You can obtain this number from your financial institution.
10. What
happens if a petitioner dies before receiving a payment?
In order to
retain the petitioner's assigned order number, the next eligible survivor(s) must
file an amendment to the petition. To file an amendment, use the Ricky Ray Hemophilia
Relief fund Petition form; in section C of the form, check the box indicating
you are filing an amendment, and enter the name of the person whose petition you
are amending. Include a copy of that person's death certificate. You will also
have to provide the relevant legal documentation to prove your relationship as
a survivor of the person with HIV. 11.
Does payment from the Ricky Ray Hemophilia Relief Fund affect Medicaid or Supplemental
Security Income (SSI)?
Payments received under the Ricky Ray Hemophilia
Relief Fund shall not be considered income or resources in determining eligibility
for, or the amount of benefits, described in Section 3803(c)(2)(C) of Title 31
of the United States Code. These benefits include, but are not limited to: (1)
benefits under the supplemental security income (SSI) program under title XVI
of the Social Security Act; (2) medical assistance under a State plan approved
under section 1902 (a) of the Social Security Act (Medicaid); and (3) benefits
under title XVIII of the Social Security Act (Medicare).
You may wish to consult
a social worker, attorney or financial planner for additional details regarding
the effect of the payment on your personal finances. United States Code Title
31 Section 3803 (c)(2)(C):
(C) For purposes of this subsection, the term ''benefits''
means - (i) benefits
under the supplemental security income program
under title XVI of the Social
Security Act; (ii)
old age, survivors, and disability insurance benefits
under title II of the
Social Security Act; (iii)
benefits under title XVIII of the Social Security Act; (iv)
assistance under a State program funded under part A of
title IV of the Social
Security Act; (v)
medical assistance under a State plan approved under
section 1902(a) of the
Social Security Act; (vi)
benefits under title XX of the Social Security Act; (vii)
benefits under the food stamp program (as defined in
section 3(h) of the Food
Stamp Act of 1977); (viii)
benefits under chapters 11, 13, 15, 17, and 21 of title
38; (ix)
benefits under the Black Lung Benefits Act; (x)
benefits under the special supplemental nutrition program
for women, infants,
and children established under section 17 of
the Child Nutrition Act of 1966;
(xi) benefits
under section 336 of the Older Americans Act; (xii)
any annuity or other benefit under the Railroad
Retirement Act of 1974; (xiii)
benefits under the National School Lunch Act; (xiv)
benefits under any housing assistance program for lower
income families or
elderly or handicapped persons which is
administered by the Secretary of Housing
and Urban Development or
the Secretary of Agriculture; (xv)
benefits under the Low-Income Home Energy Assistance Act
of 1981; and (xvi)
benefits under part A of the Energy Conservation in
Existing Buildings Act
of 1976, which are intended for the personal use of the individual who receives
the benefits or for a member of the individual's family. 12.
May I assign or transfer my right to receive payment from the fund?
The
right to payment under the Fund is not assignable or transferable. For example,
if a person with HIV is survived at the time of his death by a spouse, his spouse
has the sole and exclusive right to receive a compassionate payment on his behalf.
She cannot assign or transfer her right to receive a compassionate payment to
anyone else, including other survivors. 13.
Is the Ricky Ray compassionate payment subject to federal income tax? If not,
do I still need to declare the payment on my federal tax return?
The
Ricky Ray Hemophilia Relief Fund Act provides that for income tax purposes, the
compassionate payment is not included in gross income. If you have questions regarding
whether you need to declare the payment on tax returns, you may wish to consult
the Internal Revenue Service at 1-800-829-1040, or visit the IRS website at www.irs.gov.
You may also wish to consult an accountant, attorney or financial planner for
additional details regarding the effect of the payment on your personal finances. 14.
I received a letter from the Ricky Ray Program Office stating that I have been
approved for a compassionate payment in the amount of $100,000. However, the payment
deposited into my bank account was several thousand dollars less than the stated
amount. What should I do?
If the electronic funds transfer deposited
into your bank account is less than the amount indicated in your approval letter,
it is likely that the U.S. Department of Treasury has offset your payment under
the Treasury Offset Program (TOP). Under TOP, the Department of Treasury offsets
federal payments to recipients who owe delinquent non-tax debts to a federal agency.
TOP matches delinquent debtor files against payment files. When a match occurs,
the payment is intercepted and the debt is offset up to the amount of the debt.
Common examples of delinquent debts to a federal agency include student direct
and guaranteed loans, SBA loans, and HUD loans. In addition, TOP is also used
to assist states in collecting past due child-support obligations.
You may
contact the Treasury Offset Help Desk at (800) 304-3107 to learn if your payment
has been subject to TOP and the identity of the government agency that requested
the offset. If your payment has been offset under TOP, you can contact the requesting
government agency directly to further inquire into the offset. In the event that
the Treasury Offset Help Desk informs you that your payment was not offset under
TOP, please contact the Ricky Ray Program Office at 1-888-496-0338 or 1-301-443-2330.
Note: If you have a delinquent, non-tax debt owed to a government agency,
you may wish to contact that agency prior to receiving the compassionate payment
to inquire about the possibility of avoiding TOP (for example, arranging a repayment
schedule). For additional details regarding TOP, please visit the Department of
Treasury Debt Management Service Web site. Withdrawing
a Petition
15.
I filed a petition as the survivor of my deceased son. Since submitting my petition,
I have discovered there is an eligible survivor (my son's spouse at the time of
his passing) who takes precedence over me. I have already submitted a complete
petition package. How do I withdraw my petition?
You may withdraw a
petition by sending a written request to the Ricky Ray Program Office. Your request
to withdraw your petition should include your name, address, telephone number,
social security number, the name of the person on whose behalf you submitted a
petition (in this case, your late son), and the petition number. After reviewing
your request, we will send you a letter acknowledging the receipt of your request
to withdraw.
Mail your request to withdraw your petition to: Ricky
Ray Program Office
Bureau of Health Professions
Room 4-81
5600 Fishers
Lane
Rockville, MD 20857 Attorney-Filed
Petition
16.
My attorney submitted a petition on my behalf to the Ricky Ray Program. I have
not received an acknowledgement letter or any other correspondence from the Ricky
Ray Program office regarding my petition. Should I discuss this matter with my
attorney or contact the Ricky Ray Program Office to learn the status of my petition?
If
an attorney or other personal representative filed your petition and that individual
is designated in Section D of the petition form, all correspondence related to
your petition would have been mailed to your attorney. Please contact your attorney
to confirm receipt or to learn the status of your petition. Minors
& Legally Incompetent Adults
17.
I have submitted a petition on behalf of a minor child who does not have legal
capacity to receive the compassionate payment. What is the policy of the Ricky
Ray Program Office with regard to making payments on behalf of a minor child?
The
Ricky Ray Program Office has instituted a program policy for minors who do not
have the legal capacity to receive the compassionate payment. This policy is consistent
with state laws that have been enacted to ensure that the funds are used for the
benefit of the child. Prior to making a payment for the benefit of the minor child,
we require evidence of a guardianship (sometimes referred to as a conservatorship)
in accordance with state and local laws. The usual procedure is that an adult,
usually the minor’s parent or legal guardian, must also become the guardian
of the minor’s property by establishing a court-approved guardianship. Prior
to making the compassionate payment for the benefit of a minor, we request documentation
that demonstrates the existence of a guardianship, as well as a guardianship account.
The electronic funds transfer will be made to the guardianship account.
For
additional information, please review the Policy and Procedures on Payments for
the benefit of Minors and Legally Incompetent Adults. 18.
What is the policy of the Ricky Ray Program Office with regard to making a payment
on behalf of an adult who does not have the legal capacity to receive the compassionate
payment?
As is the case with payments to minors, prior to making a
payment for the benefit of a legally incompetent adult, the Ricky Ray Program
Office requests documentation from the legally incompetent individual’s representative
that demonstrates the existence of a guardianship (or conservatorship) in accordance
with State and local laws. We also request a Payment Information Form that identifies
a guardianship account for the legally incompetent individual. The electronic
funds transfer will be made to that account.
For additional information, please
review the Policy and Procedures on Payments for the benefit of Minors and Legally
Incompetent Adults. Additional
Payments
19.
Are eligible individuals who received a full payment of $100,000 entitled to an
additional compassionate payment if there is money remaining in the Trust Fund
before the program terminates on November 12, 2003?
No. The Act stipulates
that the Secretary can only make a single payment not to exceed $100,000 to each
eligible individual and any money remaining in the Trust Fund at the end of the
5-year period, i.e., November 12, 2003, will be deposited in the Treasury of the
United States. Contact:
Ricky
Ray Program Office
HRSA Bureau of Health Professions
Room 4-81
5600 Fishers
Lane
Rockville, MD 20857
toll-free telephone: 1-888-496-0338
e-mail:
RRay_program@hrsa.gov | 
