Text: HCR00013 Text: HCR00015 Text: HCR00000 - HCR00099 Text: HCR Index Bills and Amendments: General Index Bill History: General Index
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
Text: HCR00013 Text: HCR00015 Text: HCR00000 - HCR00099 Text: HCR Index Bills and Amendments: General Index Bill History: General Index
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