TN 93 (06-04)

Citations:

P.L. 105-369

A. Background

On November 12, 1998, the President signed into law the Ricky Ray Hemophilia Relief Fund Act of 1998, P.L. 105-369.

This Act provides for a single payment of $100,000 from the Ricky Ray Hemophilia Relief Fund to:

• Certain individuals with a blood-clotting disorder who may have contracted an HIV infection from a blood transfusion, and

• Certain current and former spouses of these individuals who also contracted an HIV infection, and

• Certain children of these individuals who also contracted an HIV infection, and

• Certain surviving spouses, children, and parents of the above persons.

The Act provides for exclusion of payments from the Ricky Ray Hemophilia Relief Fund for SSI eligibility/payment purposes and for Medicaid purposes. The Act also provides for exclusion of certain private payments as described in SI 00830.755B.

B. Policy

The following payments, regardless of when received, are excluded from income and resources for both SSI and Medicaid purposes:

• Payments from the Ricky Ray Hemophilia Relief Fund;

• 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

• Payments made pursuant to a release of all claims in a case that is entered into in lieu of the class settlement mentioned above and that is signed by all parties in the case on or before the later of (1) December 31, 1997, or (2) the date that is 270 days after the date on which such release is first sent to persons (or the legal representative of such persons) to whom the payment is to be made.

Prior to July 1, 2004, any interest earned on retained funds is not excluded from either income or resources. For SSI benefits payable on or after July 1, 2004, interest earned on retained funds is excluded from income for SSI purposes. (See SI 00830.500C.)

C. Procedure

NOTE: FOs are not required to take extra measures to identify affected individuals. However, FOs should consider the possibility of receipt of these payments when processing claims for individuals with HIV.

1. Evidence

a. Documentation of Evidence

Complete the appropriate income screen (e.g., IOTH). Annotate the type of income as “14” and show “Ricky Ray Fund” in the Explanation. Also annotate the “ALLEGED AMOUNT” or “VERIFIED AMOUNT,”
“AMT NOT COUNTED,” and “POSTED AMOUNT.” Indicate “Ricky Ray Fund” in “REASON NOT COUNTED.”

Document the EVID screen (or document the file) with information extracted from documents in the individual's possession (e.g., award letter) to verify the type and amount of the payment.

b. Obtaining Evidence

If evidence is not available from the individual:

• For private payments, contact Metropolitan Life at 1-800-638-8787 for verification of the type and amount of the private payment. Document the EVID screen (or document the file) with the type and amount of the payment.

• For payments from the Ricky Ray Hemophilia Relief Fund, contact the Ricky Ray Program Office at 1-888-496-0338 for verification of the type and amount of the Ricky Ray Hemophilia Relief Fund payment. Document the EVID screen (or document the file) with the type and amount of the payment.

2. Reopening Prior Determination

If a case comes to your attention where SSA previously counted as income or resources a payment as described in SI 00830.755B., reopen and revise the earliest determination possible under the rules of administrative finality (SI 04070.000).

D. Reference

Exclusion from resources of Ricky Ray Hemophilia Relief Fund payments, SI 01130.695.