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House Journal: Page 1455: Thursday, April 9, 1998

A non-record roll call was requested.
The ayes were 42, nays 47.
Amendment H-9016 lost.
Hansen of Pottawattamie asked and received unanimous consent
that amendment H-9049 be deferred.
Dotzler of Black Hawk offered the following amendment H-8989
filed by Dotzler, et al., and moved its adoption:

H-8989

 1     Amend Senate File 2410, as amended, passed, and
 2   reprinted by the Senate, as follows:
 3     1.  Page 17, line 22, by inserting after the word
 4   "responses." the following:  "The contract shall
 5   include a requirement, as specified in rules adopted
 6   for this purpose by the council on human services,
 7   that the managed care contractor and the contractor's
 8   agent shall exercise ordinary care when making
 9   behavioral care treatment decisions and are liable for
10   damages for harm to a medical assistance recipient
11   proximately caused by the contractor's or contractor's
12   agent's failure to exercise the ordinary care in a
13   reasonable manner.  As used in this paragraph,
14   "contractor's agent" means an employee, agent, or
15   representative of the managed care contractor selected
16   by the state to provide managed care coverage under
17   this paragraph who is acting on behalf of the
18   contractor and over whom the contractor has the right
19   to exercise influence or control."
Roll call was requested by Dotzler of Black Hawk and Falck of
Fayette.
On the question "Shall amendment H-8989 be adopted?" (S.F. 2410)

The ayes were, 41:

Bell 	Bernau 	Brand 	Bukta 
Burnett 	Chapman 	Chiodo 	Cohoon 
Connors 	Doderer 	Dotzler 	Drees 
Falck 	Fallon 	Foege 	Ford 
Frevert 	Holveck 	Huser 	Jochum 
Kinzer 	Larkin 	Mascher 	May 
Mertz 	Moreland 	Mundie 	Murphy 
O'Brien 	Osterhaus 	Reynolds-Knight 	Richardson 
Scherrman 	Schrader 	Shoultz 	Thomas 
Warnstadt 	Weigel 	Whitead 	Wise 
Witt 

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