Tobacco Settlement

In November 1998, the attorneys general from 46 states, the District of Columbia, Puerto Rico, and three territories reached a settlement on their lawsuit against the nation's five largest cigarette manufacturers for the cost of treating smoking-related illnesses of Medicaid patients. The settlement is worth $206 billion over the next 25 years, of which $195 billion will be paid directly to the states. Prior to this agreement, Florida, Minnesota, Mississippi and Texas had individually settled their lawsuits with the tobacco industry for more than $40 billion.

State officials originally promised to use the funds for projects to reduce tobacco use, such as smoking cessation and prevention. Since that time, however, many states have decided to use all or a major portion of their settlement funds for other state projects. Most states will decide how to allocate these funds, which become available in June 2000, through the legislative process.

The AARC advocates the use of these funds toward tobacco reduction and medical treatment for smoking-related diseases. The AARC encourages its members to become involved in legislative or regulatory activities that determine how to spend tobacco settlement funds. To help respiratory therapists become involved in advocating the use of these funds for tobacco reduction efforts, the AARC outlines this plan:

Investing Tobacco Settlement Funds

1. Create a "Tobacco Settlement Fund" task force within your state society to be the focal point of respiratory therapist's activities on the issue.

2. Treat this issue like any other legislative goal your society pursues. Your task force can develop its own plan to accomplish the following:

• Submit regular progress reports to your board of directors.
• Monitor tobacco-related legislation in the state.
• Apprise members of activities on an ongoing basis.
• Develop a network of allies.
• Mobilize your society's grassroots network.

3. Prepare your members to communicate your society's position on any legislation related to this issue. Prepare sample letters or talking points for your members.

4. Develop a position statement similar to North Dakota's and other lobbying materials in support of your argument; include:

• The results of a poll on the public's preference for use of the funds.
• An information piece on tobacco use in your state, including the cost in lives and money.
• An education piece on the positive results of smoking cessation and tobacco programs.
• A proposed tobacco reduction plan for your state from the Centers for Disease Control and Prevention.
• Estimated costs of implementing an effective plan on a long-term basis.

5. Become a member of a coalition including representatives from the state chapters of the American Cancer Society, the American Heart Association, and the American Lung Association to lobby the legislature on this issue.

6. Access other web sites that may provide information helpful to your efforts including:

• American Cancer Society -- http://www.cancer.org
• American Heart Association -- http://www.americanheart.org
• American Lung Association -- http://www.lungusa.org
• Campaign for Tobacco-Free Kids -- http://www.tobaccofreekids.org
• Centers for Disease Control and Prevention -- http://www.cdc.gov/tobacco/
• National Association of Attorneys General -- http://www.naag.org
• National Conference of State Legislatures -- http://www.ncsl.org
• National Governors' Association -- http://www.nga.org

Talking Points for Letters to State Legislators and Governors

Letters to state legislators and officials should be personalized. In letter -- writing campaigns, sending a massive amount of letters that appeared to have followed the same format may actually work against your effort. Therefore, we encourage RTs participating in any letter-writing campaign to include key points, but to do so in their own words.]

The Honorable ____ [Address] [City, State, Zip]

[Dear Governor ____:] [Dear Senator ____:] [Dear Representative: ____]

The tobacco settlement is a significant step in the state's efforts toward tobacco prevention and medical treatment for smoking-related diseases. The tobacco settlement fund should be allocated toward tobacco reduction and prevention programs and medical treatment for patients already suffering from smoking-related diseases. Respiratory therapists have first-hand knowledge of the devastating effects of smoking on the cardio-pulmonary system. (Mention any personal experience you have had working with patients with emphysema, asthma, and other pulmonary diseases. Also, you can mention the smoking cessation efforts of your state society and the AARC.)

• Tobacco reduction and prevention programs save lives and reduce health care costs. [Cite the success of programs in California, Florida, and Massachusetts. Information on these programs may be obtained from the web sites listed above.]
• The state should review guidelines by the Centers for Disease Control and Prevention (CDC) when establishing and funding comprehensive tobacco control programs. [Refer to specific funding recommendations for your state that may be found on the web sites listed above.]
• To view the tobacco settlement as a windfall for state projects other than tobacco control and medical treatment for smoking-related pulmonary diseases would be a victory for the tobacco companies. (Reiterate your support for using tobacco settlement funds on prevention, and treatment for pulmonary diseases.)

Sincerely,

[Your Name] [City, State, Zip, Your Telephone#]

North Dakota Society for Respiratory Care Position Statement Regarding the Allocation of Funds from Settlements with Tobacco Product Manufacturers

"The North Dakota Society for Respiratory Care's position on the allocation of funds received from settlements with tobacco products manufacturers: These funds should be used to directly benefit those who have been and can be negatively affected by tobacco use. Tobacco settlements use should include: elementary and secondary education programs, public awareness campaigns, programs to reduce the burden of tobacco related disease, and tobacco cessation programs. Other use of these funds defeat the intent of the tobacco settlement."

---

Memorandum to PSRC Supporting Wise Spending of Tobacco Settlement Dollars

February 9, 2000
Pennsylvania Society for Respiratory Care, Inc. [letterhead] December 6, 1999

Dear Member,

On December 3, 1999, the Board of Directors for the Pennsylvania Society for Respiratory Care voted to support the efforts of a Coalition lead by the Pennsylvania Thoracic Society tonsure that the recent $11.2 billion Tobacco Settlement is used to improve the health of Pennsylvanians. This Coalition, which includes the American Lung Association, the American Cancer Society and the American Heart Association, has proposed a comprehensive tobacco plan that focuses on research, education, and prevention initiatives within the Commonwealth.

Enclosed you will find a great deal of information regarding the Coalition Tobacco Plan along with some key facts and answers to commonly asked questions. The PSRC Board of Directors believes that Respiratory Therapists provide a unique insight to the effects of cigarette smoking in lung diseases and that the manner in which the settlement dollars are spent can impact the respiratory health of thousands of people. In addition, the Board also believes that Respiratory Therapists will play an integral role in the education, treatment, and research of lung diseases and that the Coalition Tobacco Plan will help insure that the settlement dollars are spent wisely.

How can you help? Write a letter to your local legislator and meet with him or her whenever possible. Make your voice heard! Tell your co-workers, family, and friends about the plan and ask them to support it as well. Every letter, phone call, or other contact made with legislators will help strengthen our efforts!

We need your help now! Decisions are about to be made regarding the Tobacco Settlement money. Here is your change to make a difference not only in your profession but also in the lives of the 23,000 patients who die each year from tobacco-related diseases. Perhaps even more important are the 275,000 Pennsylvania youths that are projected to die prematurely from smoking-related diseases.

Sincerely,
Thomas Lamphere, BS, RRT, RPFT
1999 President, PSRC