Text: S05371 Text: S05373 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2280 as follows: 1 2 #1. Page 7, by inserting after line 35 the 1 3 following: 1 4 "(3) Of the funds appropriated in this lettered 1 5 paragraph, $1,000 shall be used by the Iowa department 1 6 of public health to facilitate coordination with the 1 7 department of human services regarding the existence 1 8 of, prevalence of, and causal linkage between injury, 1 9 disease, or disability and the use of tobacco by 1 10 recipients of medical assistance. The department 1 11 shall also coordinate in assisting the attorney 1 12 general in litigation efforts for state recovery of 1 13 tobacco-related medical assistance payments pursuant 1 14 to section 100 of this Act." 1 15 #2. Page 22, by inserting after line 24 the 1 16 following: 1 17 "Sec. 100. NEW SECTION. 249A.50 STATE RECOVERY 1 18 OF TOBACCO-RELATED MEDICAL ASSISTANCE PAYMENTS. 1 19 1. For purposes of this section: 1 20 a. "Manufacturer" means any person engaged in the 1 21 process of designing, fabricating, assembling, 1 22 producing, constructing, or otherwise preparing a 1 23 product containing tobacco, including any packaging or 1 24 labeling or repackaging or relabeling of such a 1 25 product, with the intention of selling the product for 1 26 gain or profit. "Manufacturer" does not include 1 27 persons whose activity is limited to growing natural 1 28 leaf tobacco or to selling tobacco products at 1 29 wholesale or retail to consumers. 1 30 b. "Tobacco" means any tobacco product, including 1 31 but not limited to loose tobacco suitable for smoking, 1 32 snuff, snuff flour, cavendish, plug and twist tobacco, 1 33 fine cuts and other chewing tobaccos, shorts, refuse 1 34 scraps, clippings, cuttings, and sweepings of tobacco, 1 35 and other kinds and forms of tobacco suitable for 1 36 chewing and smoking, including cigars and cigarettes. 1 37 2. The department of human services may coordinate 1 38 with the Iowa department of public health with regard 1 39 to the existence of, prevalence of, and causal linkage 1 40 between injury, disease, or disability and the use of 1 41 tobacco by recipients of medical assistance. 1 42 3. The state and the department shall be entitled 1 43 to bring an action against and recover in full from 1 44 any manufacturer which caused in fact any injury, 1 45 disease, or disability arising from or connected with 1 46 the use of tobacco by recipients of medical 1 47 assistance, for the full amount of medical assistance 1 48 paid under this chapter on behalf of such recipients, 1 49 and for other relief, including legal and 1 50 administrative fees and expenses. The attorney 2 1 general may institute a civil action to enforce the 2 2 rights conferred by this section. The right of 2 3 recovery of the state and the department under this 2 4 section is independent from and not derivative of any 2 5 right or claim of the individual recipients of medical 2 6 assistance. 2 7 a. The court shall do all of the following: 2 8 (1) Shall permit evidence, proof, and argument as 2 9 to causation and amount of damages by and through 2 10 statistical analysis or other methods of scientific or 2 11 statistical proof. 2 12 (2) Shall not require proof of causation and 2 13 damages as to individual recipients. 2 14 b. The state or department may recover damages 2 15 against manufacturers based upon an aggregation of or 2 16 a reasonable estimation of payments made on behalf of 2 17 recipients of medical assistance. Apportionment of 2 18 damages among defendants shall be according to a 2 19 manufacturer's respective share of the market for 2 20 tobacco within the state. 2 21 c. Trial shall be by jury, if either party demands 2 22 a jury." 2 23 #3. Page 22, line 25, by striking the word 2 24 "DATES." and inserting the following: "DATES AND 2 25 APPLICABILITY." 2 26 #4. Page 22, by inserting after line 30 the 2 27 following: 2 28 "3. Section 100 of this Act, being deemed of 2 29 immediate importance, takes effect upon enactment and 2 30 applies to medical assistance paid on or after the 2 31 effective date of this Act. Section 100 of this Act 2 32 shall not affect the common law rights of the state or 2 33 the department, if any." 2 34 #5. Title page, line 6, by inserting after the 2 35 word "affairs," the following: "providing a civil 2 36 cause of action to recover medical assistance payments 2 37 made due to injury, disease, or disability caused by 2 38 the use of tobacco,". 2 39 #6. Title page, line 6, by inserting after the 2 40 word "providing" the following: "an applicability 2 41 provision and". 2 42 #7. By renumbering as necessary. 2 43 2 44 2 45 2 46 TOM VILSACK 2 47 JOHNIE HAMMOND 2 48 ELAINE SZYMONIAK 2 49 SF 2280.515 77 2 50 rn/jw/28
Text: S05371 Text: S05373 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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