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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