PRIOR PRINTER'S NO. 626 PRINTER'S NO. 1154
No. 41 Session of 1999
INTRODUCED BY ARMSTRONG, FLICK, HUTCHINSON, BAKER, BUTKOVITZ, MELIO, FORCIER, STABACK, BARD, BENNINGHOFF, BIRMELIN, CLYMER, DAILEY, DALLY, DRUCE, EGOLF, FICHTER, HABAY, HARHART, HENNESSEY, HERSHEY, JAMES, KENNEY, LAUGHLIN, LEH, MAHER, MAJOR, MARSICO, McNAUGHTON, MICOZZIE, S. MILLER, ORIE, PESCI, PIPPY, ROBERTS, ROHRER, ROSS, RUBLEY, SATHER, SAYLOR, SCHRODER, SEMMEL, SEYFERT, STAIRS, WILT, WRIGHT, YOUNGBLOOD, ZIMMERMAN AND GLADECK, FEBRUARY 17, 1999
AS REPORTED FROM COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 22, 1999
A RESOLUTION 1 Memorializing the members of Congress from Pennsylvania to 2 support and pass legislation protecting the states from 3 Federal seizure of tobacco settlement funds by the Secretary 4 of Health and Human Services of the United States as an 5 overpayment under the Federal Medicaid program. 6 WHEREAS, In 1994 the states initiated the first lawsuits 7 based on violations of state law by the tobacco industry; and 8 WHEREAS, The states, through leadership and years of 9 commitment to pursuing lawsuits, achieved a comprehensive 10 settlement with the tobacco industry; and 11 WHEREAS, After bearing all of the risks and expenses in the 12 negotiations and litigation necessary to proceed with their 13 lawsuit, a settlement was won by the states without any 14 assistance from the Congress of the United States or the Federal 15 Government; and 16 WHEREAS, On November 23, 1998, the states' Attorneys General
1 and the tobacco companies announced a two-prong agreement 2 focusing on advertising, marketing and lobbying and on monetary 3 payments which the companies will make to the states; and 4 WHEREAS, The states' Attorneys General carefully crafted the 5 tobacco agreement to reflect only state costs; and 6 WHEREAS, Medicaid costs were neither a major issue in 7 negotiating the settlement nor an item mentioned in the final 8 agreement; and 9 WHEREAS, The Federal Government is not entitled to take away 10 from the states any of the funds negotiated on their behalf as a 11 result of state lawsuits; and 12 WHEREAS, The Federal Government can initiate its own lawsuit 13 or settlement with the tobacco industry; and 14 WHEREAS, The states are entitled to all of the funds awarded 15 to them in the tobacco settlement agreement without Federal 16 seizure; therefore be it 17 RESOLVED, That the House of Representatives of the 18 Commonwealth of Pennsylvania memorialize the Pennsylvania 19 congressional delegation to support and pass legislation 20 protecting the states from Federal seizure of tobacco settlement 21 funds by the Secretary of Health and Human Services of the 22 United States as an overpayment under the Federal Medicaid 23 program by amending section 1903(d)(3) of the Social Security 24 Act (49 Stat. 620, 42 U.S.C. § 1396b(d)(3)), SPECIFICALLY <-- 25 INCLUDING S.346 (105TH CONGRESS) AND H.R.351 (105TH CONGRESS); 26 and be it further 27 RESOLVED, That copies of this resolution be transmitted to 28 the presiding officers of each house of Congress and to each 29 member of Congress from Pennsylvania. B10L82RLE/19990H0041R1154 - 2 -