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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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