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