[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2938 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2938

 To prohibit the Secretary of Health and Human Services from treating 
 any Medicaid-related funds recovered as part of State litigation from 
  one or more tobacco companies as an overpayment under the Medicaid 
                                Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 1997

Mr. Bilirakis (for himself, Mr. Davis of Florida, Mr. Young of Florida, 
 Mrs. Thurman,  Mr. Boyd, and Mr. Mica) introduced the following bill; 
            which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
 To prohibit the Secretary of Health and Human Services from treating 
 any Medicaid-related funds recovered as part of State litigation from 
  one or more tobacco companies as an overpayment under the Medicaid 
                                Program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON TREATING ANY MEDICAID-RELATED FUNDS RECOVERED 
              FROM ONE OR MORE TOBACCO COMPANIES AS AN OVERPAYMENT.

    (a) Prohibition on Treatment as Overpayment.--Section 1903(d)(3) of 
the Social Security Act (42 U.S.C. 1396b(d)(3)) is amended--
            (1) by inserting ``(A)'' before ``The''; and
            (2) by adding at the end the following:
    ``(B) Subparagraph (A) and paragraph (2)(B) shall not apply to any 
amount recovered or paid to a State as part of a settlement or judgment 
reached in litigation initiated or pursued by a State against one or 
more manufacturers of tobacco products, as defined in section 5702(d) 
of the Internal Revenue Code of 1986.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to amounts recovered or paid to a State before, on, or after the date 
of enactment of this Act.
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