Z-0562.2  _______________________________________________

                     HOUSE JOINT MEMORIAL 4003

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Ballard, Chopp, H. Sommers, Huff, Hurst, D. Sommers, Koster, Bush, D. Schmidt, Talcott, Fortunato, Thomas, Carlson, Parlette, Pflug, Mitchell, McDonald, Rockefeller, Tokuda, Dickerson, Cairnes, O'Brien, Cody, Kenney, Wolfe, Mielke, Campbell, Ogden, Dunn, Ericksen, Skinner, Hankins, G. Chandler, Sump, Edmonds, McIntire, Haigh, Wensman, Stensen, Mulliken, Conway, Esser, Lambert and Linville; by request of Attorney General

Read first time 01/18/1999.

Requesting amending the medicaid statute to prohibit federal recoupment of state tobacco settlement recoveries.  

    TO THE HONORABLE WILLIAM J. CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:

    We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

    WHEREAS, The state of Washington settled its litigation against the tobacco industry on November 23, 1998; and

    WHEREAS, The federal government has declined to bring its own lawsuit against the tobacco industry; and

    WHEREAS, The federal government through the Health Care Financing Administration has asserted that it is entitled to a significant share of the state settlement on the basis that it represents the federal share of Medicaid costs; and

    WHEREAS, The federal government asserts that it is authorized and obligated, under the Social Security Act, to collect its share of any settlement funds attributable to Medicaid; and

    WHEREAS, The state lawsuit was brought for violation of state law under state law theories, and the state lawsuit did not make any federal claims; and

    WHEREAS, The state bore all the risk and expense in the litigation brought in state court, and settled without any assistance from the federal government; and

    WHEREAS, The state is entitled to all of the funds negotiated in the tobacco settlement agreement without any federal claim;

    NOW, THEREFORE, Your Memorialists respectfully pray that Congress and the Administration prohibit federal recoupment of state tobacco settlement recoveries.

    BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable William J. Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.

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