Bill Text: NY S06479 | 2021-2022 | General Assembly | Introduced
Bill Title: Implements statewide opioid settlement agreements; creates an opioid settlement fund; establishes an advisory board to address the opioid epidemic.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO MENTAL HEALTH [S06479 Detail]
Download: New_York-2021-S06479-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6479 2021-2022 Regular Sessions IN SENATE April 30, 2021 ___________ Introduced by Sen. AKSHAR -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health AN ACT to amend the mental hygiene law, the state finance law and the executive law, in relation to implementing statewide opioid settlement agreements and creating an opioid settlement fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The mental hygiene law is amended by adding a new article 2 26 to read as follows: 3 ARTICLE 26 4 STATEWIDE OPIOID SETTLEMENT AGREEMENTS 5 Section 26.01 Definitions. 6 26.02 Implementation. 7 26.03 Limitation on authority of government entities to bring 8 lawsuits. 9 § 26.01 Definitions. 10 As used in this article, the following terms shall have the following 11 meanings: 12 1. "Advisory board" means an advisory board jointly established within 13 the office of mental health and the office of addiction services and 14 supports pursuant to section 26.02 of this article. 15 2. "Approved uses" means any opioid or substance use disorder related 16 services, supports, or programs that fall within the list of uses 17 defined in any statewide opioid settlement agreement. 18 3. "Direct share subdivision" means every county of New York outside 19 the city of New York and Nassau and Suffolk counties. 20 4. "Government entity" means (a) the state of New York and each of its 21 departments, agencies, divisions, boards, commissions and/or instrumen- 22 talities, and (b) any governmental subdivision within the boundaries of 23 the state of New York, including, but not limited to, counties, munici- 24 palities, districts, towns and/or villages, and any of their subdivi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11122-02-1S. 6479 2 1 sions, special districts and any department, agency, division, board, 2 commission and/or instrumentality thereof. 3 5. "New York subdivisions" means each county, city, town, or village 4 in the state of New York. 5 6. "Participating entities" means participating entities as such term 6 is defined in any statewide opioid settlement agreement. 7 7. "Opioid settlement fund" means the fund created by the statewide 8 opioid agreements and section ninety-seven-bbbbb of the state finance 9 law, the funds of which shall be used or distributed by the commissioner 10 of mental health and the commissioner of addiction services and supports 11 for the purposes of opioid abatement. 12 8. "Released entities" means released entities as such term is defined 13 in the statewide opioid settlement agreements. 14 9. "Statewide opioid settlement agreements" means settlement agree- 15 ments, and related documents, entered into by the state and certain 16 opioid manufacturers, distributors, and related entities. Copies of such 17 agreements, including any amendments thereto, shall be kept on file by 18 the attorney general, who shall make such available for inspection and 19 copying pursuant to the provisions of article six of the public officers 20 law. 21 § 26.02 Implementation. 22 1. Powers and duties. (a) Each year the commissioner of mental health 23 and the commissioner of addiction services and supports, in consultation 24 with the commissioner of health, shall allocate funds contained within 25 the opioid settlement fund, established pursuant to section ninety-sev- 26 en-bbbbb of the state finance law, consistent with and subject to the 27 terms of any statewide opioid settlement agreement. Each New York subdi- 28 vision shall, as a condition of the receipt of such funds, certify at 29 the end of each fiscal year for which it receives such funds that all 30 funds provided to it under this provision of the agreements were spent 31 on projects and programs that constitute approved uses and provided that 32 such New York subdivision complies with the reporting requirements set 33 forth in this article. 34 (b) Each year the commissioner of mental health and the commissioner 35 of addiction services and supports, in consultation with the commission- 36 er of health, shall set aside funds, consistent with the terms of any 37 statewide opioid settlement agreements, for spending to: (i) fund state 38 projects that constitute approved uses, and (ii) carry out the duties of 39 the office of mental health, the office of addiction services and 40 supports and the advisory board under this article, including oversight 41 and administration of the opioid settlement fund and the advisory board. 42 (c) The commissioner of mental health and the commissioner of 43 addiction services and supports, in consultation with the commissioner 44 of health, and with the advice of the advisory board, shall have the 45 ability to amend the list of approved uses to add additional approved 46 uses at specified intervals in response to changing opioid and substance 47 use disorder needs in the state. Categories and subcategories may be 48 removed from the list of approved uses only with the approval of not 49 less than three-fourths of the members of the advisory board. 50 2. Rule promulgation. The commissioner of mental health and the 51 commissioner of addiction services and supports, in consultation with 52 the commissioner of health, may issue rules and regulations necessary to 53 effectuate the requirements of this section. 54 3. Oversight and auditing. The commissioner of mental health and the 55 commissioner of addiction services and supports, in consultation with 56 the commissioner of health, shall engage in oversight and audits ofS. 6479 3 1 services, supports, and programs funded through the opioid settlement 2 fund. 3 4. Reporting requirements. (a) Consistent with and subject to any 4 statewide opioid settlement agreement, each New York subdivision that 5 receives funds from the opioid settlement fund under any statewide 6 opioid settlement agreements shall annually provide to the office of 7 mental health and the office of addiction services and supports a 8 detailed accounting of the spending of such funds as well as analysis 9 and evaluation of the services, supports and programs it has funded. 10 Such accounting shall be provided on or before November first each year. 11 The office of mental health and the office of addiction services and 12 supports may withhold future funds from any New York subdivision that is 13 delinquent in providing such reporting, until the required report is 14 submitted. 15 (b) The commissioner of mental health and the commissioner of 16 addiction services and supports shall annually provide the speaker of 17 the assembly and the temporary president of the senate a detailed 18 accounting of the spending of all monies in the opioid settlement fund, 19 any spending by the direct share subdivisions, any spending by New York 20 city and Nassau and Suffolk counties, as well as an analysis and evalu- 21 ation of the services, supports and programs funded. This accounting 22 shall be provided on or before February first each year. In consultation 23 with the advisory board, the commissioners shall also report annually 24 the results of research funded by funds from these agreements, the 25 status of any outstanding audits, and the non-binding recommendations of 26 the advisory board. 27 5. Advisory board. There is hereby jointly established within the 28 office of mental health and the office of addiction services and 29 supports an advisory board on addressing the opioid epidemic consisting 30 of seventeen voting members, and a non-voting chairperson. Each member 31 of the advisory board shall have one vote, with all actions being taken 32 by an affirmative vote of the majority of present members. 33 (a) Appointments to the advisory board. The governor shall appoint 34 four voting members, and the non-voting chairperson, to the advisory 35 board. The speaker of the assembly and the temporary president of the 36 senate shall each appoint two voting members, the minority leader of the 37 senate and the minority leader of the assembly shall each appoint one 38 voting member, and the attorney general and the mayor of the city of New 39 York shall each appoint one voting member. The remaining five voting 40 members shall be appointed by the governor upon recommendation of the 41 following: one from the New York state association of counties, one from 42 the conference of local mental hygiene directors, one from the alcohol- 43 ism and substance abuse providers of New York state, one from friends of 44 recovery - New York, and one from the coalition of medication assisted 45 treatment providers and advocates. Such appointments shall be recom- 46 mended no later than sixty days after the effective date of this arti- 47 cle. Advisory board membership shall include persons, to the extent 48 practicable, who have expertise, experience, and education in public 49 health policy and research, medicine, substance use disorder and 50 addiction treatment, mental health services, harm reduction, public 51 budgeting, and also include representatives of communities that have 52 been disproportionately impacted by opioid addiction. Additionally, the 53 membership of the board shall be representative of the racial and ethnic 54 demographics of the state and reflect the geographic regions of the 55 state. Each member shall be appointed to serve three-year terms and inS. 6479 4 1 the event of a vacancy, the vacancy shall be filled in the manner of the 2 original appointment for the remainder of the term. 3 (b) Meetings of the advisory board. The advisory board shall hold no 4 fewer than six public meetings annually, to be publicized and located in 5 a manner reasonably designed to facilitate attendance by residents 6 throughout the state. The advisory board shall function in a manner 7 consistent with New York's open meetings law, and with the Americans 8 with disabilities act. A majority of the appointed voting membership of 9 the advisory board shall constitute a quorum. 10 (c) Payment and ethics. Members of the advisory board shall receive no 11 compensation but shall be reimbursed for reasonable expenses. The 12 members of the advisory board and all staff shall be subject to the 13 applicable provisions of the public officers law. Members of the board 14 shall not take any action to direct funding from the opioid settlement 15 fund to any entity in which they or their family members have any inter- 16 est, direct or indirect, or receive any commission or profit whatsoever, 17 direct or indirect. Members of the board shall recuse themselves from 18 any discussion or vote relating to such interest. 19 (d) Staff and administration. The office of mental health and the 20 office of addiction services and supports shall provide staff to assist 21 with the functions of the advisory board. 22 (e) Responsibilities. The advisory board shall make evidence-based 23 recommendations regarding specific opioid settlement priorities and 24 expenditures from the opioid settlement fund from which any approved 25 expenditures shall be selected for approved uses. In carrying out its 26 obligations to provide such recommendations, the advisory board may 27 consider local, state and federal initiatives and activities related to 28 education, prevention, treatment, services and programs for individuals 29 and families experiencing and affected by opioid use disorder; recommend 30 statewide or regional priorities to address the state's opioid epidemic; 31 recommend statewide or regional funding with respect to specific 32 programs or initiatives; recommend measurable outcomes to determine the 33 effectiveness of funds expended for approved uses; and monitor the level 34 of permitted administrative expenses. To the extent that either commis- 35 sioner chooses not to follow a recommendation of the advisory board, he 36 or she shall make publicly available, within fourteen days after such 37 decision is made, a written explanation of the reasons for the decision 38 and allow fourteen days for the advisory board to respond to such public 39 explanation. 40 Additionally, the advisory board shall be responsible for overseeing 41 and reporting on services, supports and programs related to addressing 42 the opioid epidemic, developing priorities, goals and recommendations 43 for spending on such projects and programs, working with the department 44 of health to develop measurable outcomes for such projects and programs, 45 and making recommendations for policy changes and research to fund and 46 oversee other projects and programs related to addressing the opioid 47 epidemic, including for outside grants. 48 § 26.03 Limitation on authority of government entities to bring 49 lawsuits. 50 No government entity shall have the authority to bring released claims 51 against the released entities. Any pending litigation filed after the 52 effective date of this article asserting released claims brought by a 53 government entity shall be dismissed with prejudice. 54 § 2. The state finance law is amended by adding a new section 97-bbbbb 55 to read as follows:S. 6479 5 1 § 97-bbbbb. Opioid settlement fund. 1. There is hereby established in 2 the joint custody of the comptroller and the commissioner of taxation 3 and finance a special fund to be known as the opioid settlement fund. 4 Such fund shall consist of moneys received by the state, as a result of 5 the settlement of litigation made in connection with claims arising from 6 the manufacture, marketing, distribution or dispensing of opioids. 7 2. The moneys in such fund shall only be appropriated or transferred 8 consistent with the terms of any statewide opioid settlement agreements. 9 If consistent with the terms of any such settlement agreements, moneys 10 shall be used for public health education and prevention campaigns, 11 treatment programs, harm reduction counseling services, housing 12 services, and to assist local governments with services and expenses of 13 providing jail-based substance use disorder treatment and transition 14 services program pursuant to article nineteen of the mental hygiene law. 15 3. The moneys when allocated, shall be paid out of the fund on the 16 audit and warrant of the comptroller on vouchers certified or approved 17 by the commissioner of mental health, the commissioner of addiction 18 services and supports or by an officer or employee of the office of 19 mental health designated by the commissioner of mental health, or an 20 officer or employee of the office of addiction services and supports 21 designated by the commissioner of addiction services and supports in 22 consultation with the advisory board established by section 26.02 of the 23 mental hygiene law and consistent with the terms of the statewide opioid 24 settlement agreements. 25 4. On or before February first each year, the commissioner of mental 26 health and the commissioner of addiction services and supports shall 27 provide a written report to the temporary president of the senate, 28 speaker of the assembly, chair of the senate finance committee, chair of 29 the assembly ways and means committee, chair of the senate committee on 30 health, chair of the assembly health committee, chair of the senate 31 committee on alcoholism and substance abuse, chair of the assembly 32 committee on alcoholism and drug abuse, minority leader of the senate, 33 minority leader of the assembly, ranking members of all such committees 34 listed in this subdivision, and the state comptroller. Such report shall 35 be made publicly available on the office of mental health, the office of 36 addiction services and supports and the department of health's website. 37 Such report shall include how the monies of the fund were utilized 38 during the preceding calendar year, and shall include: 39 (i) the amount of money dispersed from the fund and the award process 40 used for such disbursements; 41 (ii) names of recipients and the amount of awards awarded from the 42 fund; 43 (iii) the amount awarded to each recipient; 44 (iv) the purposes for which such awards were granted; and 45 (v) a summary financial plan for such monies which shall include esti- 46 mates of all receipts and all disbursements for the current and succeed- 47 ing fiscal years, along with the actual results from the prior fiscal 48 year. 49 § 3. Paragraph (b) of subdivision 16 of section 63 of the executive 50 law, as added by section 4 of part HH of chapter 55 of the laws of 2014, 51 is amended to read as follows: 52 (b) Paragraph (a) of this subdivision shall not apply to any provision 53 in the resolution of a claim or cause of action providing (1) moneys to 54 be distributed to the federal government, to a local government, or to 55 any holder of a bond or other debt instrument issued by the state, any 56 public authority, or any public benefit corporation; (2) moneys to beS. 6479 6 1 distributed solely or exclusively as a payment of damages or restitution 2 to individuals or entities that were specifically injured or harmed by 3 the defendant's or settling party's conduct and that are identified in, 4 or can be identified by the terms of, the relevant judgment, stipu- 5 lation, decree, agreement to settle, assurance of discontinuance, or 6 relevant instrument resolving the claim or cause of action; (3) moneys 7 recovered or obtained by the attorney general where application of para- 8 graph (a) of this subdivision is prohibited by federal law, rule, or 9 regulation, or would result in the reduction or loss of federal funds or 10 eligibility for federal benefits pursuant to federal law, rule, or regu- 11 lation; (4) moneys recovered or obtained by or on behalf of a public 12 authority, a public benefit corporation, the department of taxation and 13 finance, the workers' compensation board, the New York state higher 14 education services corporation, the tobacco settlement financing corpo- 15 ration, a state or local retirement system, an employee health benefit 16 program administered by the New York state department of civil service, 17 the Title IV-D child support fund, the lottery prize fund, the abandoned 18 property fund, or an endowment of the state university of New York or 19 any unit thereof or any state agency, provided that all of the moneys 20 received or recovered are immediately transferred to the relevant public 21 authority, public benefit corporation, department, fund, program, or 22 endowment; (5) moneys to be refunded to an individual or entity as (i) 23 an overpayment of a tax, fine, penalty, fee, insurance premium, loan 24 payment, charge or surcharge; (ii) a return of seized assets; or (iii) a 25 payment made in error; [and] (6) moneys to be used to prevent, abate, 26 restore, mitigate or control any identifiable instance of prior or ongo- 27 ing water, land or air pollution; and (7) moneys obtained and distrib- 28 uted under the terms of any statewide opioid settlement agreement, as 29 defined in article twenty-six of the mental hygiene law, that provides 30 for all or a portion of the settlement moneys to be deposited into the 31 opioid settlement fund established in section ninety-seven-bbbbb of the 32 state finance law. 33 § 4. This act shall take effect immediately. Effective immediately, 34 the addition, amendment and/or repeal of any rule or regulation neces- 35 sary for the implementation of this act on its effective date are 36 authorized to be made and completed on or before such effective date.