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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