PUBLIC LAW 100-607—NOV. 4, 1988

102 STAT. 3117

"PART D—IMMUNOSUPPRESSIVE DRUG THERAPY BLOCK GRANT

"SEC. 1931. DEFINITIONS.

"For purposes of this part:

(I) 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 'immuno-
suppressive drug therapy* means drugs and biologicals that are
to be used for the purpose of preventing the rejection of trans-
planted 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.

"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.

"(a) AMOUNT.—

"(1) IN GENERAL.—From amounts appropriated under section
1932 for each of the fiscal years 1988 through 1990, the Sec-
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 subsec-
tion 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 allotment 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.
"(b) UNALLOTTED FUNDS.—

"(I) 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 applica-
tion 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(bX3) (as such section applies to this part pursu-
ant to section 1936(d));

42 USC 300y-21.

42 USC 300y~22.

42 USC 300y-23.

State and local
governments.