Bill Text: NJ S3867 | 2020-2021 | Regular Session | Amended
Bill Title: Establishes Opioid Recovery and Remediation Fund and Opioid Recovery and Remediation Fund Advisory Council; provides for funds received from opioid settlements to support substance use disorder prevention and treatment programs.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Vetoed) 2022-01-10 - Passed by the Senate (39-0) [S3867 Detail]
Download: New_Jersey-2020-S3867-Amended.html
Sponsored by:
Senator DAWN MARIE ADDIEGO
District 8 (Atlantic, Burlington and Camden)
Senator TROY SINGLETON
District 7 (Burlington)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Co-Sponsored by:
Senators A.M.Bucco, Gopal, Lagana, O'Scanlon, Assemblywomen Murphy, Timberlake, Dunn, Jasey, Assemblyman Johnson, Assemblywomen Swain, Reynolds-Jackson and Assemblyman Tully
SYNOPSIS
Establishes Opioid Recovery and Remediation Fund and Opioid Recovery and Remediation Fund Advisory Council; provides for funds received from opioid settlements to support substance use disorder prevention and treatment programs.
CURRENT VERSION OF TEXT
As amended on January 10, 2022 by the Senate pursuant to the Governor's recommendations.
An Act concerning the dedication and distribution of funds received from opioid settlements and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. There is created in the Department of the Treasury a dedicated, non-lapsing fund to be known as the "Opioid Recovery and Remediation Fund."
b. 1[The] To the extent consistent with the terms of a national opioid litigation resolution subject to this act, the1 State Treasurer shall deposit into the fund 1[any] the State's share of1 moneys 1[that are allocated to or otherwise received by the State] received1 as a result of 1[a settlement agreement entered into with, or litigation undertaken against, opioid manufacturers and distributors related to claims arising from the manufacture, marketing, distribution or dispensing of opioids] such resolution1 . Any interest and other income earned on moneys in the fund, and any other moneys that may be appropriated or otherwise become available for purposes of the fund, shall be credited to and deposited in the fund. 1For purposes of this section, moneys paid to counties or municipalities or allocated for attorneys' fees, costs, and related litigation expenses shall not be considered to be part of the State's share of moneys received as a result of a national opioid litigation resolution.1
c. (1) Moneys in the fund shall be dedicated and used only for the purposes 1[of supplementing substance use disorder prevention and treatment programs and services in the State, consistent with the terms of settlements made in connection with claims arising from the manufacture, marketing, distribution or dispensing of opioids, as applicable.
(2) The Legislature shall annually appropriate] described in subsection e. of this section, and subject to applicable requirements of the relevant national opioid litigation resolution or agreement entered pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(2) The Department of Human Services shall be designated the lead agency for the State for purposes of directing the disbursement and allocation of the State's share of any moneys that are allocated to or otherwise received by the State as a result of a national opioid litigation resolution and for monitoring the use of moneys disbursed to counties or municipalities under a national opioid litigation resolution or agreement entered pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) and, in coordination with the State Comptroller and the Attorney General, ensuring that the use of such moneys complies with the purposes set forth in this act and is consistent with the terms of the applicable national opioid litigation resolution or agreement entered pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(a) The department shall have primary responsibility for ensuring that the various reporting, compliance, and administrative functions imposed upon the State pursuant to the terms and conditions of any national opioid litigation resolution or agreement entered pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) are performed, and shall serve as the single point of contact for the State for submission to any settlement fund administrator or trustee requests for disbursement of funds.
(b) The department shall be authorized to make determinations regarding disbursement and allocation of the State's share of such proceeds in accordance with the requirements or terms of such resolutions or agreements entered pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), which may include designations of regions for the allocation of the State's share of such proceeds, in addition to taking such other actions as may be assigned or required to be performed by the lead agency or single point of contact for the State under the terms of any national opioid litigation resolution or agreement entered pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(c) The department shall receive and review reports from all counties and municipalities regarding their expenditure of any moneys received by the county or municipality as a result of a national opioid litigation resolution.
(d) The department is authorized to adopt, amend, or repeal regulations as necessary to carry out the intent and provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) and, notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the department may adopt rules and regulations necessary or proper to enable it to carry out the department's duties, functions, and powers with respect to this act immediately upon filing proper notice with the office of Administrative Law.
(3) Notwithstanding any other law to the contrary, there is hereby appropriated: (a)1 moneys from the fund to the Department of Human Services, which shall allocate the appropriated funds in 1accordance with the provisions of subsections d., e., and f. of this section; and (b) moneys paid to the State as a result of a national opioid litigation resolution that have been allocated to such counties or municipalities in accordance with the terms of the national opioid litigation resolution or agreement entered pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), and to the extent necessary to effectuate such resolution, which shall be used in accordance with the provisions of subsections e. and f. of this section.
d. Notwithstanding section 2 of P.L.1999, c.129 (C.56:8-14.3), section 15 of P.L.2003, c.76 (C.56:8-133), and the "New Jersey False Claims Act," P.L.2007, c.265 (C.2A:32C-1 et seq.), the department shall direct the allocation and disbursement of moneys in the Opioid Recovery and Remediation Fund established by this section, and shall do so in1 consultation with the Opioid Recovery and Remediation Fund Advisory Council, as established pursuant to section 2 of this act. The department shall allocate funds with an emphasis on supporting programs 1and strategies1 that are 1[culturally and gender competent, trauma-informed,]1 evidence-based 1or evidence-informed1 and, 1[where appropriate, employ individuals with lived experience as part of the services provided. Services to be supported from the fund shall include, but shall not be limited to, programs:
(a) To prevent substance use disorder through a youth-focused public health education and prevention campaign, including school-based prevention, early intervention, and health care services and programs to reduce the risk of substance use by school-aged children;
(b) To develop and implement Statewide public education campaigns to reduce stigma against individuals who use drugs, provide information about the risks of substance use, best practices for addressing substance use disorders, and information on how to locate services that reduce the adverse health consequences associated with drug use or provide treatment for substance use disorders;
(c) To minimize and eliminate the root causes of health disparities that contribute to the use of drugs and inequities in the treatment of substance use disorder among minority communities;
(d) To support the State's efforts to divert high-risk individuals from arrest and incarceration through programs with strong case management and harm reduction services that link participants to community-based services, as well as referrals to promote health and understanding for people who use drugs; and
(e) To establish systems and tools that expand the State's capacity to collect data and evaluate policies, programs, and strategies designed to address substance use disorder] in making such allocations shall consider equitable access for underserviced communities Statewide.
e. Moneys, other than attorneys' fees, costs, and expenses related to litigation, that are allocated to or otherwise received by the State or any county or municipality as a result of a national opioid litigation resolution shall be dedicated and used, consistent with the terms of an applicable national opioid litigation resolution or agreement entered pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), for the purpose of addressing opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed practices or strategies that may include, but are not limited to, the following:
(1) Supporting treatment of opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed programs or strategies;
(2) Supporting individuals in recovery from opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed programs or strategies, including but not limited to providing support services to the families of such individuals;
(3) Providing connections to care for people who have, or are at risk of developing, opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed programs or strategies;
(4) Addressing the needs of persons with opioid use disorder and any co-occurring conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies;
(5) Addressing the needs of pregnant or parenting persons with opioid use disorder and any co-occurring substance use disorder or mental health conditions, and the needs of their families, including babies with neonatal abstinence syndrome, through evidence-based or evidence-informed programs or strategies;
(6) Supporting efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies;
(7) Supporting efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies;
(8) Supporting efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies;
(9) Educating law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs;
(10) Providing wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events;
(11) Supporting efforts to provide leadership, planning, coordination, facilitations, training, and technical assistance to abate the opioid epidemic through activities, programs, or strategies;
(12) Supporting training to abate the opioid epidemic through activities, programs, or strategies;
(13) Supporting opioid abatement research;
(14) Supporting such other strategies as may be expressly identified in any national opioid litigation resolution; and
(15) Administrative expenses, subject to limits imposed by any national opioid litigation resolution or by any agreement entered pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
f. Moneys, other than attorneys' fees, costs, and expenses related to litigation, that are allocated to or otherwise received by the State or any of its counties or municipalities as a result of a national opioid litigation resolution shall be used to supplement and shall not supplant federal, State, county, or municipal funds, as the case may be, that otherwise would have been used to carry out the purposes delineated in this act, and no amount of such moneys shall be used to reimburse the State or any of its counties or municipalities for past expenditures, except as may otherwise be required to refund to the federal government a portion of the moneys.
g. For purposes of P.L. , c. (C. ) (pending before the Legislature as this bill), "national opioid litigation resolution" means a settlement agreement, entered into by the Attorney General of New Jersey on behalf of the State and by other state attorneys general on behalf of their respective states, which provides for the participation of states, counties, and municipalities to resolve claims by the state attorneys general and counties and municipalities against opioid manufacturers, distributors, or pharmacies related to the manufacture, marketing, distribution, or dispensing of opioids, or a bankruptcy plan that has received final approval and that channels, releases, or otherwise finally disposes of such claims including those of the State and its counties and municipalities1 .
2. a. There is established in, but not of, the Department of Human Services the Opioid Recovery and Remediation Fund Advisory Council. The council shall provide the Department of Human Services with 1general1 recommendations on the allocation of funds appropriated to the department from the Opioid Recovery and Remediation Fund, as well as any policy modifications necessary to maximize the use of those funds on a State and local level. To effectuate this goal, the council shall:
(1) 1[gather and evaluate State] provide1 data 1to the department1 regarding 1availability of, gaps in, and barriers to1 substance use disorder prevention and treatment programs and 1recovery1 services 1[in order to determine which populations are not reached by current interventions, as well as which geographic areas of the State have programmatic gaps in addressing substance use disorder]1 ; and
(2) solicit feedback, in a manner and method established by the council, from stakeholders, local providers, and advocates regarding the service needs to prevent and treat substance use disorder across the State.
b. The council shall consist of 13 members, as follows:
(1) the Commissioner of Human Services, the Commissioner of Health, and the Attorney General, or their designees, who shall serve as ex-officio members;
(2) four public members appointed by the Governor, of which one shall possess expertise in substance use disorder treatment, one shall possess expertise in harm reduction, one shall possess expertise in criminal justice, and one shall possess expertise in drug policy;
(3) three public members to be appointed by the 1Governor upon recommendation of the1 President of the Senate, of which one shall possess expertise in substance use disorder treatment, one shall possess expertise in behavioral health, and one shall possess personal experience with substance use and addiction issues; and
(4) three public members appointed by the 1Governor upon recommendation of the1 Speaker of the Assembly, of which one shall possess expertise in substance use disorder treatment, one shall possess expertise in 1[behavioral]1 health 1care equity1 , and one shall possess 1[personal experience with substance use and addiction issues] expertise in health policy1 .
c. All appointments to the council shall be made no later than the 60th day after the effective date of this act. Each appointed member shall serve a two-year term, with any vacancies in the membership of the council being filled in the same manner as the original appointments. 1The Governor shall appoint a chairperson from among the public members of the council to serve in such capacity at the pleasure of the Governor.1
d. The council shall organize as soon as practicable following the appointment of its members. Upon its organization, the council shall select a chairperson from among its members. The members shall also select a secretary who need not be a member of the council. The council may hold meetings at the times and places it may designate. A majority of the authorized membership shall constitute a quorum. The council may conduct business without a quorum, but shall only vote on a recommendation when a quorum is present. The members of the council shall serve without compensation, but shall be eligible for reimbursement for necessary and reasonable expenses incurred in the performance of their official duties within the limits of funds appropriated or otherwise made available to the council for its purposes.
e. The council shall be entitled to receive assistance and services from any State, county, or municipal department, board, commission, or agency as may be made available to it for its purposes. The Department of Human Services shall provide such staff and administrative support to the council as it requires to carry out its responsibilities.
1f. To the extent permissible under the terms of a national opioid litigation resolution, the council shall not be required to and may refrain from making recommendations for expenditures that would primarily benefit counties or municipalities that were eligible to participate in the national opioid litigation resolution that yielded such funds but did not participate in the resolution, provided that nothing in this subsection shall be deemed to prevent the council from exercising its discretion to make such recommendations should it desire to do so.
g. The council shall be considered a "public body" for the purpose of complying with the provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), and shall be subject to the provisions thereof. The "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.) shall apply to all members of the council.1
13. The Attorney General, in consultation with the Commissioner of Human Services, is authorized to enter into an agreement with counties and municipalities concerning the allocation and expenditure of moneys allocated to the State and its counties and municipalities in any national opioid litigation resolution.1
14. A county or municipality that directly receives moneys as a result of a national opioid litigation resolution shall establish an advisory council to provide input, advice, and recommendations on the disbursement and allocation of such moneys. Each respective advisory council shall consist of, but shall not be limited to, a member possessing expertise in substance use disorder treatment or prevention, a member representing a provider of behavioral health or substance use disorder treatment in the community, a member with personal experience with substance use and addiction issues, the county prosecutor or the county prosecutor's designee, and an individual authorized to appropriate funds on behalf of the governing body of the municipality or county, as the case may be, or such individual's designee.1
15. If any section, subsection, clause, or provision of this act shall be adjudged unconstitutional or to be ineffective in whole or in part, to the extent that it is not adjudged unconstitutional or is not ineffective, it shall be valid and effective and no other section, subsection, clause, or provision of this act shall on account thereof be deemed invalid or ineffective, and the applicability or invalidity of any section, subsection, clause, or provision of this act in any one or more instances or under any one or more circumstances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance or under any other circumstances.1
1[3.] 6.1 No later than 12 months after the effective date of this act, and annually thereafter, the Department of Human Services, in consultation with the Opioid Recovery and Remediation Fund Advisory Council, shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1) on the details of the allocations made with the funds appropriated from the Opioid Recovery and Remediation Fund. The information shall include the allocation amount, program description, involved community providers, goals of the program, and outcome measures to be used to determine program efficacy. The department shall also post this information on its Internet website.
1[4.] 7.1 This act shall take effect immediately.
