Text: HF02481 Text: HF02483 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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1 1 Section 1. NEW SECTION. 249A.30 RECOVERY OF MEDICAL
1 2 ASSISTANCE EXPENDITURE – CIGARETTE AND TOBACCO PRODUCTS –
1 3 RELATED MEDICAL EXPENSES BY RESIDENT RECIPIENTS.
1 4 1. Notwithstanding chapter 668, the attorney general may
1 5 institute a civil action on behalf of the state against any
1 6 manufacturer of cigarettes or other tobacco products to
1 7 recover the full amount of medical assistance provided by the
1 8 state to a resident of the state for the payment of medical
1 9 services which are reasonably attributable to the use of
1 10 cigarettes or tobacco products and all reasonable expenses
1 11 associated with instituting the action.
1 12 2. In determining liability in an action under this
1 13 section, all of the following shall apply:
1 14 a. Any manufacturer of cigarettes or other tobacco
1 15 products shall be strictly liable for the medical expenses
1 16 reasonably attributable to the use of the manufacturer's
1 17 product, without regard to any negligence, intent, warnings,
1 18 or other conduct or knowledge on the part of the manufacturer.
1 19 b. The state may recover medical expenses, without regard
1 20 to the defenses of assumption of the risk, contributory or
1 21 comparative negligence, or other defenses which might be
1 22 asserted.
1 23 c. Any action instituted by the attorney general is
1 24 independent of any rights or causes of action of any
1 25 individual.
1 26 3. In determining the extent of the liability of any
1 27 manufacturer under this section, the court shall apply the
1 28 following evidentiary presumptions:
1 29 a. The ratio of the expenses attributable to the use of
1 30 cigarettes or tobacco products produced by any manufacturer to
1 31 the expenses of all manufacturers is presumed to be equivalent
1 32 to the ratio of the sales by the manufacturer within the state
1 33 during the most recent year for which data are available to
1 34 the sales of all manufacturers for that year.
1 35 b. The medical expenses for individuals attributable to
2 1 the use of cigarettes or tobacco products shall be based on
2 2 reliable estimates for the class of persons affected, rather
2 3 than proof of the cause of expenses in the case of any
2 4 particular individual.
2 5 c. Estimates of medical expenses shall be based on
2 6 epidemiological, scientific, survey, and other data,
2 7 determined by the director of public health to be reliable and
2 8 reasonably available. The Iowa department of public health
2 9 shall adopt rules to specify the methodology for making the
2 10 estimates in any action under this section.
2 11 d. A defendant shall have the opportunity to rebut any
2 12 presumption by clear and convincing evidence, provided that
2 13 the court shall take reasonable steps to ensure that
2 14 determination of damages is concluded in a timely and
2 15 expeditious manner and that no party to the action is
2 16 permitted to unduly delay the conclusion of the action.
2 17 4. For the purposes of this section, "cigarette" and
2 18 "tobacco products" mean cigarette and tobacco products as
2 19 defined in section 453A.1.
2 20 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
2 21 immediate importance, takes effect upon enactment.
2 22 Sec. 3. RETROACTIVE APPLICABILITY. The state may recover,
2 23 in addition to any subsequent damages, any applicable damages
2 24 incurred within the two years preceding the date of enactment
2 25 of this Act.
2 26 EXPLANATION
2 27 This bill establishes a cause of action to be brought by
2 28 the attorney general for the recovery of medical assistance
2 29 expenses, made on behalf of a resident of the state who is a
2 30 recipient for medical expenses reasonably attributable to the
2 31 use of cigarettes and other tobacco products, from a
2 32 manufacturer of cigarettes or tobacco products doing business
2 33 in the state. The bill establishes criteria for determining
2 34 liability and the amount of medical expenses recoverable. The
2 35 bill provides that the chapter regarding comparative fault is
3 1 not applicable to the cause of action established in this
3 2 bill. The bill takes effect upon enactment and damages may be
3 3 collected for up to two years preceding the date of enactment.
3 4 LSB 3431YH 76
3 5 pf/sc/14
Text: HF02481 Text: HF02483 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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