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House Journal: Page 1109: Tuesday, March 31, 1998

Doderer of Johnson offered amendment H-8788 filed by her and
Kreiman of Davis as follows:

H-8788

 1     Amend House File 2539 as follows:
 2     1.  Page 34, by inserting after line 27 the
 3   following:
 4     "Sec. 101.  NEW SECTION.  249A.50  STATE RECOVERY
 5   OF TOBACCO-RELATED MEDICAL ASSISTANCE PAYMENTS.
 6     1.  For purposes of this section:
 7     a.  "Manufacturer" means any person engaged in the
 8   process of designing, fabricating, assembling,
 9   producing, constructing, or otherwise preparing a
10   product containing tobacco, including any packaging or
11   labeling or repackaging or relabeling of such a
12   product, with the intention of selling the product for
13   gain or profit.  "Manufacturer" does not include
14   persons whose activity is limited to growing natural
15   leaf tobacco or to selling tobacco products at
16   wholesale or retail to consumers.
17     b.  "Tobacco" means any tobacco product, including
18   but not limited to loose tobacco suitable for smoking,
19   snuff, snuff flour, cavendish, plug and twist tobacco,
20   fine cuts and other chewing tobaccos, shorts, refuse
21   scraps, clippings, cuttings, and sweepings of tobacco,
22   and other kinds and forms of tobacco suitable for
23   chewing and smoking, including cigars and cigarettes.
24     2.  The state and the department shall be entitled
25   to bring an action against and recover in full from
26   any manufacturer which caused in fact any injury,
27   disease, or disability arising from or connected with
28   the use of tobacco by recipients of medical
29   assistance, for the full amount of medical assistance
30   paid under this chapter on behalf of such recipients,
31   and for other relief, including legal and
32   administrative fees and expenses.  The attorney
33   general may institute a civil action to enforce the
34   rights conferred by this section.  The right of
35   recovery of the state and the department under this
36   section is independent from and not derivative of any
37   right or claim of the individual recipients of medical
38   assistance.
39     a.  The court shall do all of the following:
40     (1)  Shall permit evidence, proof, and argument as
41   to causation and amount of damages by and through
42   statistical analysis or other methods of scientific or
43   statistical proof.
44     (2)  Shall not require proof of causation and
45   damages as to individual recipients.
46     b.  The state or department may recover damages
47   against manufacturers based upon an aggregation of or

© 1998 Cornell College and League of Women Voters of Iowa

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