Page:United States Statutes at Large Volume 102 Part 4.djvu/147

 PUBLIC LAW 100-607—NOV. 4, 1988

102 STAT. 3117

"PART D—IMMUNOSUPPRESSIVE DRUG THERAPY BLOCK GRANT "SEC. 1931. DEFINITIONS.

42 USC 300y-21.

"For purposes of this part: (1) ELIGIBLE PATIENT.—The term 'eligible patient' means an organ transplant patient who is not eligible to receive reimbursement for the cost of immunosuppressive drug therapy under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), under the State's medicaid plan under title XIX of such Act (42 U.S.C. 1396 et seq.), or under private insurance. "(2) IMMUNOSUPPRESSIVE DRUG THERAPY.—The term 'immunosuppressive drug therapy' means drugs and biologicals that are to be used for the purpose of preventing the rejection of transplanted organs and tissues and that can be administered by the transplant patient. "(3) TRANSPLANT CENTER.—The term 'transplant center' means a transplant center that is a member of the Organ Procurement and Transplantation Network established under section 372. "SEC. 1932. AUTHORIZATION OF APPROPRIATIONS.

42 USC 300y-22.

"For the purpose of making allotments to States to carry out this part, there are authorized to be appropriated $5,000,000 for each of the fiscal years 1988 through 1990. "SEC. 1933. ALLOTMENTS.

42 USC 300y-28.

"(a) AMOUNT.—

"(1) IN GENERAL.—From amounts appropriated under section State and local 1932 for each of the fiscal years 1988 through 1990, the Sec- governments. retary shall allot to each State an amount that bears the same ratio to the total amount appropriated under such section for such fiscal year as the total number of eligible patients in the State bears to the total number of eligible patients in the United States. "(2) MINIMUM ALLOTMENT.—Notwithstanding paragraph (1),

the allotment of any State in any fiscal year under this subsection shall not be less than $50,000. If, under paragraph (1), the allotment of any State in any fiscal year will be less than $50,000, the Secretary shall increase the sdlotment of such State to $50,000 and shall proportionately reduce the allotments of all other States whose allotment exceeds $50,000 in a manner that will insure that the allotment of each State in such fiscal year is at least $50,000. "0)) UNALLOTTED FUNDS.—

"(1) IN GENERAL.—Subject to paragraph (2), to the extent that all the funds appropriated under section 1932 for a fiscal year and available for allotment in such fiscal year are not otherwise allotted to States because— "(A) one or more States have not submitted an application or description of activities in accordance with section 1936 for such fiscal year; "(B) one or more States have notified the Secretary that they do not intend to use the full amount of their allotment; or "(C) some State allotments are offset or repaid under section 1906(b)(3) (as such section applies to this part pursuant to section 1936(d));

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