Text: HF02456 Text: HF02458 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 249A.50 STATE RECOVERY OF
1 2 TOBACCO-RELATED MEDICAL ASSISTANCE PAYMENTS.
1 3 1. For purposes of this section:
1 4 a. "Manufacturer" means any person engaged in the process
1 5 of designing, fabricating, assembling, producing,
1 6 constructing, or otherwise preparing a product containing
1 7 tobacco, including any packaging or labeling or repackaging or
1 8 relabeling of such a product, with the intention of selling
1 9 the product for gain or profit. "Manufacturer" does not
1 10 include persons whose activity is limited to growing natural
1 11 leaf tobacco or to selling tobacco products at wholesale or
1 12 retail to consumers.
1 13 b. "Tobacco" means any tobacco product, including but not
1 14 limited to loose tobacco suitable for smoking, snuff, snuff
1 15 flour, cavendish, plug and twist tobacco, fine cuts and other
1 16 chewing tobaccos, shorts, refuse scraps, clippings, cuttings,
1 17 and sweepings of tobacco, and other kinds and forms of tobacco
1 18 suitable for chewing and smoking, including cigars and
1 19 cigarettes.
1 20 2. Notwithstanding any limitations upon recovery of
1 21 medical assistance payments contained in sections 249A.5 and
1 22 249A.6, the state and the department shall have a civil cause
1 23 of action to recover the full amount of medical assistance
1 24 provided under this chapter to or on behalf of recipients of
1 25 medical assistance, using any or all legal theories existing
1 26 in the Code or at common law, against any manufacturer for
1 27 injury, disease, or disability caused by the use of tobacco,
1 28 and to recover all related expenses and fees, including
1 29 attorney fees. The attorney general may institute the cause
1 30 of action on behalf of the state and the department.
1 31 3. Trial shall be by jury, if either party demands a jury.
1 32 Sec. 2. SEVERABILITY. In the event any provision of this
1 33 Act is ruled void or unenforceable for any reason, the court
1 34 shall give full effect to all other provisions.
1 35 EXPLANATION
2 1 This bill establishes a civil cause of action, in favor of
2 2 the state and against manufacturers of tobacco products, to
2 3 recover the full amount of medical assistance payments made by
2 4 the state due to injury, disease, or disability caused by the
2 5 use of tobacco by medical assistance recipients. The bill
2 6 defines the terms "manufacturer" and "tobacco".
2 7 The bill authorizes the attorney general to institute a
2 8 suit based on the cause of action and allows recovery of
2 9 related expenses and fees, including attorney fees. The
2 10 attorney general may utilize all statutory and common law
2 11 theories of recovery in such a suit.
2 12 A jury trial may be requested by any party.
2 13 The bill includes a severability clause.
2 14 LSB 3650HV 77
2 15 jls/jl/8
Text: HF02456 Text: HF02458 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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