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House Concurrent Resolution 14

Partial Bill History

Bill Text

PAG LIN
  1  1          HOUSE CONCURRENT RESOLUTION NO. _____
  1  2           BY  CORBETT, SIEGRIST, and SCHRADER 
  1  3                  (COMPANION TO SCR 11)
  1  4 A Concurrent Resolution requesting the United
  1  5    States Congress to prevent the federal govern-
  1  6    ment from attempting to recoup Medicaid payments
  1  7    from the state tobacco litigation settlement
  1  8    agreement moneys, and to allow the states to
  1  9    keep all settlement moneys, without offset.
  1 10    WHEREAS, more than 40 states, including Iowa,
  1 11 commenced litigation against tobacco manufacturers
  1 12 asserting various claims for monetary, equitable, and
  1 13 injunctive relief; and
  1 14    WHEREAS, on November 23, 1998, 46 states, Puerto
  1 15 Rico, the United States Virgin Islands, Guam, the
  1 16 Northern Mariana Islands, and the District of Columbia
  1 17 signed a settlement agreement relating to both pending
  1 18 and potential litigation by the states against five
  1 19 major tobacco manufacturers; and
  1 20    WHEREAS, the state of Iowa was one of the states
  1 21 that signed the settlement agreement; and
  1 22    WHEREAS, the United States Department of Health and
  1 23 Human Services has stated an opinion in testimony
  1 24 before the United States Congress that the Health Care
  1 25 Financing Administration is entitled to recoup funds
  1 26 paid to the states as a result of the settlement
  1 27 agreement, on the theory, in part, that the settlement
  1 28 constitutes reimbursement for Medicaid payments made
  1 29 due to tobacco-related illnesses, and that the federal
  1 30 government has contributed money toward these Medicaid
  2  1 expenditures; and
  2  2    WHEREAS, the states that commenced litigation
  2  3 sought to obtain relief based on differing theories in
  2  4 each state, including claims based in equity, and
  2  5 claims seeking damages under state laws, including
  2  6 consumer protection and antitrust laws, in order to
  2  7 further state policies regarding public health,
  2  8 including policies adopted to achieve a significant
  2  9 reduction in smoking by youth; and
  2 10    WHEREAS, recovery of prior Medicaid expenditures
  2 11 was therefore only one theory among many advanced by
  2 12 certain states seeking recovery from tobacco
  2 13 companies; and
  2 14    WHEREAS, in the Iowa lawsuit, the common law claims
  2 15 for relief seeking recovery of state Medicaid
  2 16 expenditures arising from tobacco-related illnesses
  2 17 had previously been dismissed from the state's
  2 18 lawsuit; and
  2 19    WHEREAS, the settlement contained no admission of
  2 20 liability or allocation of settlement of proceeds
  2 21 based on any particular theory used by any state, nor
  2 22 any mention of Medicaid or federal recoupment of any
  2 23 settlement moneys; and
  2 24    WHEREAS, these state lawsuits commenced, proceeded,
  2 25 and concluded without the assistance, participation,
  2 26 or intervention of any branch, department, agency, or
  2 27 division of the federal government; and
  2 28    WHEREAS, the states assumed all risks and costs
  2 29 associated with litigation of these suits; and
  2 30    WHEREAS, the President and the United States
  3  1 Department of Justice have recently announced that the
  3  2 federal government would be filing their own lawsuit
  3  3 against the tobacco industry to recover money spent by
  3  4 the government on tobacco-related illnesses; NOW
  3  5 THEREFORE,
  3  6    BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, THE
  3  7 SENATE CONCURRING, That the United States Congress
  3  8 take all necessary actions in order to prevent and
  3  9 resist any branch, department, agency, or division of
  3 10 the federal government from seeking to recoup any
  3 11 Medicaid funds related to the state tobacco litigation
  3 12 settlement, or otherwise to claim any right to any
  3 13 portion of the funds paid to any state as a result of
  3 14 the state tobacco litigation settlement agreement; and
  3 15    BE IT FURTHER RESOLVED, That the United States
  3 16 Congress take all measures necessary to allow the
  3 17 states to keep all moneys paid to the states, without
  3 18 offset, under the provisions of the state tobacco
  3 19 litigation settlement agreement; and
  3 20    BE IT FURTHER RESOLVED, That the United States
  3 21 Congress should support HR 351 and S 346, which would
  3 22 prohibit federal recoupment efforts; and
  3 23    BE IT FURTHER RESOLVED, That a copy of this
  3 24 resolution be sent by the Chief Clerk of the House of
  3 25 Representatives to the President of the United States;
  3 26 the Secretary of Health and Human Services, United
  3 27 States Department of Health and Human Services; the
  3 28 Administrator of the Health Care Financing
  3 29 Administration within the Department of Health and
  3 30 Human Services; the President of the Senate of the
  4  1 United States; the Speaker of the House of
  4  2 Representatives of the United States; members of
  4  3 Iowa's congressional delegation; the Governor of Iowa;
  4  4 and the Attorney General of Iowa; and
  4  5    BE IT FURTHER RESOLVED, That a copy of this
  4  6 resolution be delivered to the National Conference of
  4  7 State Legislatures for distribution to its members.  
  4  8 LSB 2149HH 78
  4  9 jj/cf/24.1
     

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