The Palm Beach Post from West Palm Beach, Florida on December 6, 1997 · Page 11
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December 6, 1997

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The Palm Beach Post from West Palm Beach, Florida · Page 11

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West Palm Beach, Florida
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Saturday, December 6, 1997
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Page 11
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if' THE PALM BEACH POST SATURDAY. DECEMBER 6, 1997 11A V.: n ptudy says Medicaid tie-in entitles feds to tobacco share We Create HolidAy MAqic Designer Silk Plants, Trees, Floral Arrangements & Holiday Decor at 30-60 Savings The finest selection of custom and bvetock .. designs at manufacturer-direct prices from $9.87 to $339.97 SPECIAL GIFTS UNDER $10.00... Mugs, Placemata, Potpourri, Pens & more NEW HOURS: OPEN 7 DAYSWEEK TIL 6:00 PM COPAL SWINGS 2055 N Urewsty Dr 340-7881 LAKE WOATHGflEENACAES 4180-1 Jog Rd 985W! LIGHTHOUSE 0ONTTCMPAN0 3640 N fetal Hy . . . 7854321 WEST PALM 9EACH 4740 OtoctttM SM 683-558' EAST BOCA RATON 22Q2N FMM Mm 338-5366 Ui u M-u Rlonc wi fevtrui. am SXJAV The analysis concludes that regardless of whether the states or the federal government initiated the suits, both parties share in the settlements. It also concluded that the vast majority of the money recovered is for Medicaid expenditures. JUPITER 186E MMwiN .'.'.'..7U7K jtustN 13NW hH fwy VERO BEACH HORIZON OUTLET CENTER) 569-8646 WEST BOCA RATON 9220 H SmmM taltmft 483-7136 - ucltwi DDwinsawvni'W to-'v 5 BOYNTON 701 N Congress A 736-2805 BrentwoGd Consols A great starter piano. Trade-up to a Yamaha within 2 years and receive 100 value. '1695 fell Kohlertf Campbell Celebrating 101 making quality in black, white, and mahogany. From 6995 i yaiiama I psrn yy ; . sale fN 3 Kohlsr & CsiRESiseSI parties share in the settlements. The center also concluded that the vast majority of the money recovered is for Medicaid expenditures. The center noted that the state law upon which Florida's suit was brought was titled the "Medicaid Third-Party Liability Act" At stake are billions of dollars. The center's analysis indicates that Florida's smoking-related Medicaid costs for 1996 were $319 million. If the federal government got 56 percent, that would be $179 million. If all 40 states which have sued the tobacco companies were to recover their smoking-related Medicaid costs for 1993 the latest year for which statistics are available the federal share would be $4.4 billion. By comparison, the children's health insurance program enacted by Congress this summer earmarks $4.3 billion to the states each year. The center suggests that while states must share their recoveries from Medicaid tobacco suits, the federal government also must share the state's legal expenses if the state loses. That share is 50-50 under federal law. The center analysis also concludes that the federal government may have a separate case against tobacco companies for smoking-related expenses paid by Medicare, the Federal Employees Health Benefits Program, the Department of Veterans Affairs and the Indian Health Service, all of which are solely federal programs. The center notes that Florida, Louisiana and Massachusetts all shared their recoveries from a March 1996 settlement with the Liggett Group while Mississippi and West Virginia did not. This year, Florida joined those states in not sharing its Liggett tfy Larry Lipman Palm Beach Post Washington Bureau Ij WASHINGTON An independent analysis by a Medicaid advocacy group argues that the federal government is entitled to $ share of tobacco settlement money being paid to states such as Florida. The analysis released Friday by the nonprofit, nonpartisan Center on Budget and Policy Priorities argues that since Medicaid is a shared federal-state program and that by law the federal government is entitled to ij? share of Medicaid money recovered from a third party, states cannot claim the entire tobacco settlement. Monday, Gov. Lawton Chiles will argue Florida's objection to giving the federal government a Share of the settlement before a House Commerce subcommittee headed by Rep. Michael Bihrakis, a Republican from Palm Harbor who has introduced a bill also sponsored Sen. Bob Graham, D-F&. that would exempt states fr&m any requirement that they stjaring tobacco settlement mon-ej5 J Also scheduled to testify Monday is Mississippi Gov. Mjchael Moore, the chief negoti-ater for the states in obtaining a $386.5 billion settlement of 40 state tobacco lawsuits, and NJincy-Ann Min DeParle, head of thf federal Health Care Financing Administration, which oversees Medicaid. m ; Thus far, Florida and Mississippi are the only states that have settled their individual suits against the tobacco industry. Florida is scheduled to receive $H billion; Mississippi is to get $4 billion. Those amounts could change if Congress approves a national settlement. ,The federal government ar-gijes that regardless of whether tKere is a national settlement, HCFA is entitled to its share of Consols Piano Looks and sounds great. Includes bench and 12 year warranty. years pianos walnut LOWEST PRICES ON NEW PIANOS. The finest quality and service. Any Yamaha piano or organ purchased from another dealer has no warranty. CM A Trusted Name In Music Since 1933 Cigarette-makers release some 800 subpoenaed papers to Congress installed in time for the holiday? DSXtiVEP Baby Grand The ultimate player piano. Come see and hear It today. Was 21 ,695 15,795 3295 NOW Consoles Reg g095 Now 7195 Down No Payments for 90 days on all Pianos. 1575 US Highway One North Palm Beach 694-0800 ri 'rd Chardln Sq. yd. Installed over Omolon 340 Carpet Foundation One of Karastan's most durable textured quality carpets with the most contemporary array of designer colors. Reg. 35.99. Sale price, is valid only on in-stock carpet. Ribalta Sq. yd. Installed over Omalon 340 Carpet Foundation Karastan's classic saxony offering style, color and value in a well crafted nylon. Reg. 39.99. Sale price is valid only on in-stock carpet. Purchase any in-stock carpet by December 10, and we'll have it installed in your home by December 24. IN-HOME CARPET SERVICE 1.800-432-6433 EXT. 500 N0 MYMEHT, NO INTEREST FOR 3 MONTHS. Irs yours payment and interest-free tor 90 days when you use your Buidines charge card. Just purchase merchandise from selected departments and ask tor our Deferred foment Plan For Florida residents, any FINANCE CHARGE (other than a $0.50 minimum) imposed on a Deferred Payment Account is determined by applying a 21 .6 ANNUAL PERCENTAGE RATE to your Average Daily Balance For rates in other stales, write us at P0. Box 8051, Mason OH 45040 The minimum sales check amount is $399 Buy December 5-6, 1997. Available for Furniture. Bedding. Floor Covering. Lamps, Custom Upholstery & Drapery and Home Office departments. RUfdines XmJ THE FLORIDA STORE W9 t r NOW FINANCING AVAILABLE Oaktree Plaza Across from Publix, Try them FREE in 0 1 Tfie Associated Press 5 WASHINGTON The nation's largest cigarette-makers ended a confrontation with a longtime congressional ally Friday by complying with subpoenas t release more than 800 documents that purportedly illustrate industry crime and fraud. !!Rep. Thomas Bliley, R-Va., wBo heads the House Commerce Committee and has been a stanch tobacco supporter, subpoenaed the four companies late 'Jgursday after they ignored his menthlong demand to provide Cdhgress with the papers. Bliley announced Friday that th? companies complied. Now, Bfiley said he will establish "a bipartisan process for reviewing afd disclosing the documents." state settlements because the states brought the suits almost entirely to recover Medicaid money spent on tobacco victims. The federal government contributes 56 cents of every dollar Florida spends on a Medicaid patient and 78 cents per dollar in Mississippi. Nationally, the federal share is 57 cents on the dollar. States routinely share with the federal government Medicaid recoveries from a third party. An example of such a recovery might be if Medicaid paid for care resulting from an automobile accident in which the costs also were paid by a private insurance company. Last year, states reported $2.2 billion in miscellaneous recoveries, of which the federal government was credited with 57 percent, or $1.2 billion. State governments argue that in the case of the tobacco settlements the federal government is not entitled to any money because the suits were brought entirely by the states the federal government has not sued any tobacco company to recover Medicaid costs and because not all of the settlement was to cover Medicaid costs. The center's analysis concludes that regardless of whether the states or the federal government initiated the suits, both "Congress has a right to examine these documents as part of its consideration of the proposed tobacco settlement, and today's development will give Congress the information it needs to make more informed and responsible decisions," he said in a statement. Spokesmen for Philip Morris, RJ. Reynolds, Brown & Williamson and Lorillard Tobacco did not return phone calls seeking comment. They had been furiously fighting disclosure of the papers in a Minnesota court that next month will hear that state's lawsuit seeking to recover the costs of treating sick smokers. The industry said the papers are protected by attorney-client privilege. But a court-appointed in federal court, seeking to have the state declared not qualified. A federal trial judge ruled that California had not met the act's requirements, and the 9th U.S. Circuit Court of Appeals upheld that ruling. The appeals court barred state officials from contending in any death penalty case that California has complied with the federal law until various policies are changed. In its 2-1 decision in August, the appeals court said the Constitution's 11th Amendment does not immunize the state from Ashmus' suit. The amendment generally protects states against being sued in federal court Also Friday, the court agreed to clarify just when school districts are legally responsible for teachers' misconduct. The court's decision, expected by July, could be important for school officials nationwide. The justices said they will study a sex-bias lawsuit against a Texas public school district over a teacher's sexual relationship with a girl in his ninth-grade class. In the Texas sex-bias case, lower courts ruled that the Lago Vista Independent School District cannot be held responsible for the conduct of Frank Waldrop, a one-time teacher at Lago Vista High School. The school district was sued by a former student who said she and Waldijop had sex on a regular officer who reviewed some of the documents has said they contain evidence that the industry deliberately misled the public about the dangers of smoking. Tobacco companies last summer signed a proposed settlement with state attorneys general under which they would pay $368 billion and change how they advertise tobacco in order to settle some 40 state lawsuits against the industry. In return, cigarette makers would win immunity from future lawsuits and protection from federal tobacco regulation. Congress must approve any tobacco deal before it becomes law. Lawmakers and President Clinton have called for significant changes. Hearings are scheduled next week, but no action is expected until next spring. basis in 1992, when she was 15. The former student, identified as Jane Doe, contended that Waldrop's conduct was sexual harassment and that school district should be liable because officials did not stop him. By Donating Your Auto or Property to The Aleph Institute I? 1-800-546-AUTO(2886)l I s Tax Deductible 'For Blu Book Value I I Bv Donating Your Auto or Property I Supreme Court agrees to hear arguments on Death Row appeals Savings may not be based on actual sales. Carpel sale prices run through December 10, 1997. Carpeting available at Dadeland, 163rd St.. Westland. Broward Mall, Coral Sq , Boynlon Beach, Boca Town Center. Palm Beach Mall, The Gardens, Altamonte, Orlando, Clearwater Mall, Tampa Bay Center, South Gate Plaza, Edison Mall, Tampa Furniture Gallery, Pembroke Pines Furniture Gallery and South Dade Furniture Gallery. Coupons and other 1 0 discount offers cannot be used on carpet price breaks. Photos are representative of styles; actual carpeting may vary. ORIENTAL RUGS itiSAssociated Press WASHINGTON Granting ar;appeal by California authorities, the Supreme Court on Friday agreed to tackle a dispute jver a new federal law aimed at streamlining the handling of appeals by Death Row inmates. ; jThe justices said they will decide whether inmates may challenge in federal lawsuits the applicability to their states of key previsions in the law, the Antiterrorism and Effective Death Penalty Act of 1996. 'Only those states that meet tKe act's requirements on providing post-conviction legal help can qualify for a streamlined appeal process. At issue is how in-riiStes can attack a state's claim that it has qualified. ; A federal appeals court ruled inShe case of California death row inmate Troy Ashmus that states aVe not immune from inmates' fidfleral lawsuits. But another ap-fj&ls court, ruling in a Maryland (J&e, allowed such immunity. ITThe 1996 law, among other tilings, cuts from one year to 180 das the time in which Death Row ihtnates must ask federal courts ftU help after their direct appeals instate courts have ended. ! m The law also narrows the is-s'uls that can be raised in such dpjeals to those already consid-&jd by state courts. !" California officials early on declared the state qualified under tft federal law, butshmus sued '. JlW v 11 M??: mm :; Mew Shipments Are In! j Inventory Clearance 5 your own home NORTH PALM BEACH - e I 625-6707 Across from Luria's in ide Coconut Cay Shoppes 12100U.S.HWY1 HOURS: MON-SAT 9:30-5:00pm SUNDAY HOURS 12-4 Silk, Chainsritch, and Hook Rugs.; W. PALM BEACH 683-2000 1-95 to Okeechobee Blvd. West, 2 miles, make rt, at The Roadhouse Grill 2083 5pattord Ave HOURS: MON-SAT 9:30-5:30pm SUNDAY HOURS 12-4 Indopersian, Pakistani, Kilim, Kashmir 4jis,Vj.!1 J

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