Text: H08530 Text: H08532 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 2286, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 1, by inserting before line 14 the
1 4 following:
1 5 "Sec. 101. NEW SECTION. 249A.50 STATE RECOVERY
1 6 OF TOBACCO-RELATED MEDICAL ASSISTANCE PAYMENTS.
1 7 1. For purposes of this section:
1 8 a. "Manufacturer" means any person engaged in the
1 9 process of designing, fabricating, assembling,
1 10 producing, constructing, or otherwise preparing a
1 11 product containing tobacco, including any packaging or
1 12 labeling or repackaging or relabeling of such a
1 13 product, with the intention of selling the product for
1 14 gain or profit. "Manufacturer" does not include
1 15 persons whose activity is limited to growing natural
1 16 leaf tobacco or to selling tobacco products at
1 17 wholesale or retail to consumers.
1 18 b. "Tobacco" means any tobacco product, including
1 19 but not limited to loose tobacco suitable for smoking,
1 20 snuff, snuff flour, cavendish, plug and twist tobacco,
1 21 fine cuts and other chewing tobaccos, shorts, refuse
1 22 scraps, clippings, cuttings, and sweepings of tobacco,
1 23 and other kinds and forms of tobacco suitable for
1 24 chewing and smoking, including cigars and cigarettes.
1 25 2. The state and the department shall be entitled
1 26 to bring an action against and recover in full from
1 27 any manufacturer which caused in fact any injury,
1 28 disease, or disability arising from or connected with
1 29 the use of tobacco by recipients of medical
1 30 assistance, for the full amount of medical assistance
1 31 paid under this chapter on behalf of such recipients,
1 32 and for other relief, including legal and
1 33 administrative fees and expenses. The attorney
1 34 general may institute a civil action to enforce the
1 35 rights conferred by this section. The right of
1 36 recovery of the state and the department under this
1 37 section is independent from and not derivative of any
1 38 right or claim of the individual recipients of medical
1 39 assistance.
1 40 a. The court shall do all of the following:
1 41 (1) Shall permit evidence, proof, and argument as
1 42 to causation and amount of damages by and through
1 43 statistical analysis or other methods of scientific or
1 44 statistical proof.
1 45 (2) Shall not require proof of causation and
1 46 damages as to individual recipients.
1 47 b. The state or department may recover damages
1 48 against manufacturers based upon an aggregation of or
1 49 a reasonable estimation of payments made on behalf of
1 50 recipients of medical assistance. Apportionment of
2 1 damages among defendants shall be according to a
2 2 manufacturer's respective share of the market for
2 3 tobacco within the state.
2 4 c. Trial shall be by jury, if either party demands
2 5 a jury."
2 6 #2. Page 1, by inserting after line 20 the
2 7 following:
2 8 "Sec. 201. EFFECTIVE DATE AND APPLICABILITY.
2 9 Section 101 of this Act, being deemed of immediate
2 10 importance, takes effect upon enactment and applies to
2 11 medical assistance paid on or after the effective date
2 12 of this Act. Section 101 of this Act shall not affect
2 13 the common law rights of the state or the department,
2 14 if any."
2 15 #3. Title page, line 4, by inserting after the
2 16 word "advertising," the following: "and by providing
2 17 a civil cause of action to recover medical assistance
2 18 payments made due to injury, disease, or disability
2 19 caused by the use of tobacco, providing an
2 20 applicability and an effective date,".
2 21 #4. By renumbering as necessary.
2 22
2 23
2 24
2 25 KREIMAN of Davis
2 26 SF 2286.301 77
2 27 jls/cf/28
Text: H08530 Text: H08532 Text: H08500 - H08599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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