Text: S05821 Text: S05823 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2395, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. Page 1, by inserting before line 1 the
1 4 following:
1 5 "Section 1. ATTORNEY GENERAL. There is
1 6 appropriated from the general fund of the state to the
1 7 department of justice for the fiscal year beginning
1 8 July 1, 1997, and ending June 30, 1998, to supplement
1 9 the appropriations made in 1997 Iowa Acts, chapter
1 10 205, section 1, the following amount, or so much
1 11 thereof as is necessary, to be used for the purpose
1 12 designated:
1 13 For the office of the attorney general to be used
1 14 in accordance with this section:
1 15 .................................................. $ 10,000
1 16 The moneys appropriated in this section shall be
1 17 used by the office of the attorney general to
1 18 facilitate coordination with the department of human
1 19 services and the Iowa department of public health
1 20 regarding the existence of, prevalence of, and causal
1 21 linkage between injury, disease, or disability and the
1 22 use of tobacco by recipients of medical assistance.
1 23 The moneys shall also be used by the office of the
1 24 attorney general in litigation efforts for state
1 25 recovery of tobacco-related medical assistance
1 26 payments pursuant to section 100 of this Act."
1 27 #2. Page 4, by inserting after line 1 the
1 28 following:
1 29 "Sec. 100. NEW SECTION. 249A.50 STATE RECOVERY
1 30 OF TOBACCO-RELATED MEDICAL ASSISTANCE PAYMENTS.
1 31 1. For purposes of this section:
1 32 a. "Manufacturer" means any person engaged in the
1 33 process of designing, fabricating, assembling,
1 34 producing, constructing, or otherwise preparing a
1 35 product containing tobacco, including any packaging or
1 36 labeling or repackaging or relabeling of such a
1 37 product, with the intention of selling the product for
1 38 gain or profit. "Manufacturer" does not include
1 39 persons whose activity is limited to growing natural
1 40 leaf tobacco or to selling tobacco products at
1 41 wholesale or retail to consumers.
1 42 b. "Tobacco" means any tobacco product, including
1 43 but not limited to loose tobacco suitable for smoking,
1 44 snuff, snuff flour, cavendish, plug and twist tobacco,
1 45 fine cuts and other chewing tobaccos, shorts, refuse
1 46 scraps, clippings, cuttings, and sweepings of tobacco,
1 47 and other kinds and forms of tobacco suitable for
1 48 chewing and smoking, including cigars and cigarettes.
1 49 2. The department of human services may coordinate
1 50 with the Iowa department of public health with regard
2 1 to the existence of, prevalence of, and causal linkage
2 2 between injury, disease, or disability and the use of
2 3 tobacco by recipients of medical assistance.
2 4 3. The state and the department shall be entitled
2 5 to bring an action against and recover in full from
2 6 any manufacturer which caused in fact any injury,
2 7 disease, or disability arising from or connected with
2 8 the use of tobacco by recipients of medical
2 9 assistance, for the full amount of medical assistance
2 10 paid under this chapter on behalf of such recipients,
2 11 and for other relief, including legal and
2 12 administrative fees and expenses. The attorney
2 13 general may institute a civil action to enforce the
2 14 rights conferred by this section. The right of
2 15 recovery of the state and the department under this
2 16 section is independent from and not derivative of any
2 17 right or claim of the individual recipients of medical
2 18 assistance.
2 19 a. The court shall do all of the following:
2 20 (1) Shall permit evidence, proof, and argument as
2 21 to causation and amount of damages by and through
2 22 statistical analysis or other methods of scientific or
2 23 statistical proof.
2 24 (2) Shall not require proof of causation and
2 25 damages as to individual recipients.
2 26 b. The state or department may recover damages
2 27 against manufacturers based upon an aggregation of or
2 28 a reasonable estimation of payments made on behalf of
2 29 recipients of medical assistance. Apportionment of
2 30 damages among defendants shall be according to a
2 31 manufacturer's respective share of the market for
2 32 tobacco within the state.
2 33 c. Trial shall be by jury, if either party demands
2 34 a jury."
2 35 #3. Page 4, line 2, by striking the word "DATE."
2 36 and inserting the following: "DATE AND
2 37 APPLICABILITY."
2 38 #4. Page 4, by inserting after line 3 the
2 39 following:
2 40 "Section 100 of this Act, being deemed of immediate
2 41 importance, takes effect upon enactment and applies to
2 42 medical assistance paid on or after the effective date
2 43 of this Act. Section 100 of this Act shall not affect
2 44 the common law rights of the state or the department,
2 45 if any."
2 46 #5. By renumbering as necessary.
2 47
2 48
2 49
2 50 TOM VILSACK
3 1 HF 2395.309 77
3 2 jp/cf/28
Text: S05821 Text: S05823 Text: S05800 - S05899 Text: S Index Bills and Amendments: General Index Bill History: General Index
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