SENATE CONCURRENT RESOLUTION NO. 11
(By Senators Walker, Craigo, Hunter, Prezioso,
Sharpe, Snyder, McCabe, Minear, Plymale, Edgell, Kessler, Ross,
McKenzie, Schoonover, Redd, Ball, Unger, Chafin and Dittmar)
Requesting the Congress of the United States to enact legislation
amending the Social Security Act to exempt tobacco
settlement funds from recoupment by the Health Care
Financing Administration of the United States Department of
Health and Human Services and to prohibit federal
interference with the states' decisions on how best to
utilize funds derived from their litigation against the
tobacco industry.
Whereas, The states of the union, at their own expense and
on their own initiative, filed and pursued the unprecedented
civil litigation against the tobacco industry that resulted in
the historic settlement agreement negotiated by the states and
entered into on the twenty-third day of November, one thousand
nine hundred ninety-eight; and
Whereas, The settlement agreement reached between the
parties to the litigation was based on the past and future health
care expenditures of the aggregate populations of each
participating state and not solely for those states' Medicaid beneficiaries; and
Whereas, The government of the United States was not a party
to any of the litigation against the tobacco industry. It did not
assume any of the risk or incur any of the costs associated with
the litigation, nor has it yet sought recovery of any smoking-
related health care expenditures paid out under the Medicare
program; and
Whereas, The Health Care Financing Administration has
voluntarily suspended its efforts to recoup Medicaid matching
funds from the states' tobacco settlement awards pending action
by the United States Congress and such voluntary suspension may
be revoked at any time; and
Whereas, The Administrator of the Health Care Financing
Administration has publicly stated the ultimate intention of the
federal government is to recoup up to two thirds of the tobacco
settlement funds from the states and to dictate how states may
spend the remaining settlement funds left untouched by the federal government; and
Whereas, It would be unjust to allow the federal government
to enrich itself at the states' risk and expense and, at the same
time, reward itself for its own inaction with respect to
recovering tobacco-related health care costs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Congress of the United States is requested to enact
legislation amending the Social Security Act so that funds due
the states as a result of the Master Settlement Agreement reached
with the tobacco industry are exempted from recoupment by the
Health Care Financing Administration and prohibiting federal
interference with the states in deciding how to best utilize
those settlement funds; and, be it
Further Resolved, That the Clerk of the Senate is hereby
authorized tofto forward copies of this resolution to the Speaker
and the Clerk of the United States House of Representatives, the
President Pro Tempore and the Secretary of the United States
Senate, the members of the West Virginia congressional
delegation, the Administrator of the Health Care Financing
Administration, the Attorney General of the United States and the President of the United States.