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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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