Text: S05407                            Text: S05409
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5408

Amendment Text

PAG LIN
  1  1    Amend Senate File 2410 as follows:
  1  2    #1.  Page 78, by inserting after line 23 the
  1  3 following:
  1  4    "Sec. 100.  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 department of human services may coordinate
  1 25 with the Iowa department of public health with regard
  1 26 to the existence of, prevalence of, and causal linkage
  1 27 between injury, disease, or disability and the use of
  1 28 tobacco by recipients of medical assistance.
  1 29    3.  The state and the department shall be entitled
  1 30 to bring an action against and recover in full from
  1 31 any manufacturer which caused in fact any injury,
  1 32 disease, or disability arising from or connected with
  1 33 the use of tobacco by recipients of medical
  1 34 assistance, for the full amount of medical assistance
  1 35 paid under this chapter on behalf of such recipients,
  1 36 and for other relief, including legal and
  1 37 administrative fees and expenses.  The attorney
  1 38 general may institute a civil action to enforce the
  1 39 rights conferred by this section.  The right of
  1 40 recovery of the state and the department under this
  1 41 section is independent from and not derivative of any
  1 42 right or claim of the individual recipients of medical
  1 43 assistance.
  1 44    a.  The court shall do all of the following:
  1 45    (1)  Shall permit evidence, proof, and argument as
  1 46 to causation and amount of damages by and through
  1 47 statistical analysis or other methods of scientific or
  1 48 statistical proof.
  1 49    (2)  Shall not require proof of causation and
  1 50 damages as to individual recipients.
  2  1    b.  The state or department may recover damages
  2  2 against manufacturers based upon an aggregation of or
  2  3 a reasonable estimation of payments made on behalf of
  2  4 recipients of medical assistance.  Apportionment of
  2  5 damages among defendants shall be according to a
  2  6 manufacturer's respective share of the market for
  2  7 tobacco within the state.
  2  8    c.  Trial shall be by jury, if either party demands
  2  9 a jury."
  2 10    #2.  Page 80, by inserting after line 19 the
  2 11 following:
  2 12    "___.  Section 100 of this Act.  Section 100
  2 13 applies to medical assistance paid on or after section
  2 14 100's effective date.  Section 100 shall not affect
  2 15 the common law rights of the state or the department,
  2 16 if any."
  2 17    #3.  By renumbering as necessary.  
  2 18 
  2 19 
  2 20                               
  2 21 TOM VILSACK 
  2 22 
  2 23 
  2 24                               
  2 25 JOHNIE HAMMOND 
  2 26 
  2 27 
  2 28                               
  2 29 ELAINE SZYMONIAK 
  2 30 SF 2410.704 77
  2 31 pf/sc/28
     

Text: S05407                            Text: S05409
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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