[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1232 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1232

 To amend title XIX of the Social Security Act to permit the Secretary 
of Health and Human Services to waive recoupment of Federal government 
Medicaid claims to tobacco-related State settlements if the State uses 
  a portion of those funds for programs to reduce the use of tobacco 
   products and to assist in the economic diversification of tobacco 
                          farming communities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 1999

Mr. Hansen (for himself and Mr. Meehan) introduced the following bill; 
            which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend title XIX of the Social Security Act to permit the Secretary 
of Health and Human Services to waive recoupment of Federal government 
Medicaid claims to tobacco-related State settlements if the State uses 
  a portion of those funds for programs to reduce the use of tobacco 
   products and to assist in the economic diversification of tobacco 
                          farming communities.

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

SECTION 1. PERMITTING WAIVER OF RECOUPMENT OF MEDICAID TOBACCO-RELATED 
              RECOVERIES IF RECOVERIES USED TO REDUCE SMOKING AND 
              ASSIST IN ECONOMIC DIVERSIFICATION OF TOBACCO FARMING 
              COMMUNITIES.

    (a) In General.--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, if (and to the extent that) the 
Secretary finds that following conditions are met:
            ``(i) The Governor or Chief Executive Officer of the State 
        has filed with the Secretary a plan which specifically outlines 
        how at least 25 percent of such amounts, recovered in any 
        fiscal year, will be spent on efforts--
                    ``(I) to reduce the use of tobacco products using 
                methods that have been shown to be effective, such as 
                tobacco use cessation programs, enforcement of laws 
                relating to tobacco products, community-based programs 
                to discourage the use of tobacco products, and school-
                based and child-oriented education programs to 
                discourage the use of tobacco products, and for ongoing 
                evaluations of these programs;
                    ``(II) to fund research necessary to evaluate 
                progress in reducing tobacco use and to determine the 
                effectiveness of programs to prevent tobacco addiction, 
                including surveillance and epidemiology research 
                related to tobacco;
                    ``(III) to fund State-wide awareness and 
                advertising efforts to discourage tobacco use; and
                    ``(IV) to assist in economic development efforts 
                designed to aid tobacco farmers and communities as they 
                transition to a more broadly diversified economy.
            ``(ii) All efforts under subclauses (I) through (III) of 
        clause (i) shall take into account the needs of minority 
        populations and other high risk groups who have a greater 
        threat of exposure to tobacco products and advertising.
            ``(iii) All such amounts spent under clause (i) will be 
        spent only in a manner that supplements (and does not supplant) 
        funds previously being spent by the State (or local governments 
        in the State) for such or similar programs or activities.
            ``(iv) Before the beginning of each fiscal year, the 
        Governor or Chief Executive Officer of the State files with the 
        Secretary a report which details how the Federal share of the 
        amounts so recovered have been spent consistent with the plan 
        described in clause (i).''.
    (b) Effective Date.--The amendments made by subsection (a) apply to 
amounts recovered or paid to a State before, on, or after the date of 
enactment of this Act.
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