Text: H08787 Text: H08789 Text: H08700 - H08799 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2539 as follows:
1 2 #1. Page 34, by inserting after line 27 the
1 3 following:
1 4 "Sec. 101. NEW SECTION. 249A.50 STATE RECOVERY
1 5 OF TOBACCO-RELATED MEDICAL ASSISTANCE PAYMENTS.
1 6 1. For purposes of this section:
1 7 a. "Manufacturer" means any person engaged in the
1 8 process of designing, fabricating, assembling,
1 9 producing, constructing, or otherwise preparing a
1 10 product containing tobacco, including any packaging or
1 11 labeling or repackaging or relabeling of such a
1 12 product, with the intention of selling the product for
1 13 gain or profit. "Manufacturer" does not include
1 14 persons whose activity is limited to growing natural
1 15 leaf tobacco or to selling tobacco products at
1 16 wholesale or retail to consumers.
1 17 b. "Tobacco" means any tobacco product, including
1 18 but not limited to loose tobacco suitable for smoking,
1 19 snuff, snuff flour, cavendish, plug and twist tobacco,
1 20 fine cuts and other chewing tobaccos, shorts, refuse
1 21 scraps, clippings, cuttings, and sweepings of tobacco,
1 22 and other kinds and forms of tobacco suitable for
1 23 chewing and smoking, including cigars and cigarettes.
1 24 2. The state and the department shall be entitled
1 25 to bring an action against and recover in full from
1 26 any manufacturer which caused in fact any injury,
1 27 disease, or disability arising from or connected with
1 28 the use of tobacco by recipients of medical
1 29 assistance, for the full amount of medical assistance
1 30 paid under this chapter on behalf of such recipients,
1 31 and for other relief, including legal and
1 32 administrative fees and expenses. The attorney
1 33 general may institute a civil action to enforce the
1 34 rights conferred by this section. The right of
1 35 recovery of the state and the department under this
1 36 section is independent from and not derivative of any
1 37 right or claim of the individual recipients of medical
1 38 assistance.
1 39 a. The court shall do all of the following:
1 40 (1) Shall permit evidence, proof, and argument as
1 41 to causation and amount of damages by and through
1 42 statistical analysis or other methods of scientific or
1 43 statistical proof.
1 44 (2) Shall not require proof of causation and
1 45 damages as to individual recipients.
1 46 b. The state or department may recover damages
1 47 against manufacturers based upon an aggregation of or
1 48 a reasonable estimation of payments made on behalf of
1 49 recipients of medical assistance. Apportionment of
1 50 damages among defendants shall be according to a
2 1 manufacturer's respective share of the market for
2 2 tobacco within the state.
2 3 c. Trial shall be by jury, if either party demands
2 4 a jury."
2 5 #2. Page 37, by inserting after line 10 the
2 6 following:
2 7 "Sec. 201. EFFECTIVE DATE AND APPLICABILITY.
2 8 Section 101 of this Act, being deemed of immediate
2 9 importance, takes effect upon enactment and applies to
2 10 medical assistance paid on or after the effective date
2 11 of this Act. Section 101 of this Act shall not affect
2 12 the common law rights of the state or the department,
2 13 if any."
2 14 #3. Title page, line 2, by inserting after the
2 15 word "system" the following: ",providing a civil
2 16 cause of action to recover medical assistance payments
2 17 made due to injury, disease, or disability caused by
2 18 the use of tobacco,".
2 19 #4. By renumbering as necessary.
2 20
2 21
2 22
2 23 DODERER of Johnson
2 24 KREIMAN of Davis
2 25 HF 2539.203 77
2 26 ec/jl/28
Text: H08787 Text: H08789 Text: H08700 - H08799 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Mar 31 03:46:13 CST 1998
URL: /DOCS/GA/77GA/Legislation/H/08700/H08788/980330.html
jhf