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General Assembly Governor's Bill No. 5044
February Session, 2022
LCO No. 605
Referred to Committee on PUBLIC HEALTH
Introduced by:
Request of the Governor Pursuant
to Joint Rule 9
AN ACT IMPLEMENTING THE GOVERNOR'S BUDGET
RECOMMENDATIONS REGARDING THE USE OF OPIOID LITIGATION
PROCEEDS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2022) As used in this section and 1
sections 2 to 5, inclusive, of this act: 2
(1) "Commissioner" means the Commissioner of Mental Health and 3
Addiction Services. 4
(2) "Committee" means the Opioid Settlement Advisory Committee 5
established pursuant to section 3 of this act. 6
(3) "Department" means the Department of Mental Health and 7
Addiction Services. 8
(4) "Evidence-based" means meeting one of the following evidentiary 9
criteria for an activity, practice, program, service, support or strategy: 10
(A) Meta-analyses or systematic reviews have found the activity, 11
practice, program, service, support or strategy to be effective; (B) 12 Governor's Bill No. 5044
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evidence from a scientifically rigorous experimental study, including, 13
but not limited to, a randomized controlled trial, demonstrates the 14
activity, practice, program, service, support or strategy is effective; or 15
(C) multiple observational studies from locations in the United States 16
indicate the activity, practice, program, service, support or strategy is 17
effective. As used in this subdivision, "effective" means helping persons 18
avoid the development and progression of substance use disorders or 19
drug-related harms, reducing the adverse consequences of substance 20
use among persons who use substances, or managing, slowing the 21
progression of, or supporting recovery from a person's substance use 22
disorder or co-occurring mental health disorder. 23
(5) "Fund" means the Opioid Settlement Fund established pursuant 24
to section 2 of this act. 25
(6) "Harm reduction" means a reduction of, or attempt to reduce, the 26
adverse consequences of substance use, including, but not limited to, by 27
addressing the substance use and conditions that give rise to such 28
substance use. "Harm reduction" includes, but is not limited to, syringe 29
service programs, naloxone distribution and public awareness 30
campaigns about Good Samaritan laws. 31
(7) "Infrastructure" means the resources, including, but not limited to, 32
personnel, buildings and equipment, required for an agency of the state, 33
municipality, other government entity or nonprofit organization to 34
provide substance use disorder prevention, treatment, recovery and 35
harm reduction programs, services, supports and resources. 36
(8) "Opioid Litigation Proceeds Act" means the provisions of this 37
section and sections 2 to 5, inclusive, of this act. 38
(9) "Prevention" means efforts to avoid the development and 39
progression of substance use disorders and drug-related harms. 40
(10) "Recovery" means an active process of continual growth that 41
addresses the biological, psychological, social and spiritual disturbances 42
inherent in addiction. 43 Governor's Bill No. 5044
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(11) "Substance use disorder" means a pattern of use of alcohol or 44
other substances that meets the applicable diagnostic criteria delineated 45
in the most recent edition of the American Psychiatric Association's 46
Diagnostic and Statistical Manual of Mental Disorders. 47
(12) "Supplemental" means additional funding, consistent with the 48
provisions of section 2 of this act, for substance use disorder abatement 49
infrastructure or a substance use disorder abatement program, service, 50
support or resource to ensure that funding in the current fiscal year 51
exceeds the sum of federal, state and local funds allocated in the 52
previous fiscal year for such substance use disorder abatement 53
infrastructure, program, service, support or resource. 54
(13) "Treatment" means a service to intervene upon, care for, manage, 55
slow progression of or support recovery from a substance use disorder 56
or co-occurring mental health disorder. "Treatment" includes, but is not 57
limited to, an individualized service to address a person's medical 58
needs, including, screening for and diagnosing of substance use 59
disorders and co-occurring mental or physical health disorders and 60
pharmacological and nonpharmacological therapeutic interventions. 61
Sec. 2. (NEW) (Effective July 1, 2022) (a) There is established an Opioid 62
Settlement Fund which shall be a separate nonlapsing fund 63
administered by the committee. 64
(b) Any moneys intended to address opioid use, related disorders or 65
the impact of the opioid epidemic that are received by the state from any 66
judgment, consent decree or settlement paid by any defendant, which is 67
finalized on or after July 1, 2021, related to the production, distribution, 68
dispensing and other activities related to opioids shall be deposited into 69
the fund. Moneys remaining in the fund at the end of a fiscal year shall 70
not revert to the General Fund. 71
(c) Notwithstanding any provision of subsection (b) of this section, if 72
the commissioner and the Attorney General certify that the purposes of 73
such judgment, consent decree or settlement are inconsistent with the 74
intent of the provisions of this section and sections 3 to 5, inclusive, of 75 Governor's Bill No. 5044
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this act, the commissioner and Attorney General (1) shall report in 76
writing to the committee such certification, including any identification 77
by the commissioner and Attorney General of an alternate fund or 78
account and explanation of the reasons for depositing such moneys in 79
such alternate fund or account, and (2) may deposit such moneys into 80
such alternate fund or account. 81
(d) Beginning on December 31, 2022, and annually thereafter, the 82
State Treasurer shall report the following to the committee: 83
(1) An inventory of fund investments as of the most recent fiscal year; 84
and 85
(2) The net income earned by the fund in the most recent fiscal year. 86
(e) Moneys in the fund shall be spent only for the following substance 87
use disorder abatement purposes, in accordance with the controlling 88
judgment, consent decree or settlement, as confirmed by the Attorney 89
General's review of such judgment, consent decree or settlement and 90
upon the approval of the committee and the Secretary of the Office of 91
Policy and Management: 92
(1) State-wide, regional or community substance use disorder needs 93
assessments to identify structural gaps and needs to inform 94
expenditures from the fund; 95
(2) Infrastructure required for evidence-based substance use disorder 96
prevention, treatment, recovery or harm reduction programs, services 97
and supports; 98
(3) Programs, services, supports and resources for evidence-based 99
substance use disorder prevention, treatment, recovery or harm 100
reduction; 101
(4) Evidence-informed substance use disorder prevention, treatment, 102
recovery or harm reduction pilot programs or demonstration studies 103
that are not evidence-based, but are approved by the committee as an 104
appropriate use of moneys for a limited period of time as specified by 105 Governor's Bill No. 5044
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the committee, provided the committee shall assess whether the 106
evidence supports funding such programs or studies or whether it 107
provides a basis for funding such programs or studies with an 108
expectation of creating an evidence base for such programs and studies; 109
(5) Evaluation of effectiveness and outcomes reporting for substance 110
use disorder abatement infrastructure, programs, services, supports and 111
resources for which moneys from the fund have been disbursed, 112
including, but not limited to, impact on access to harm reduction 113
services or treatment for substance use disorders or reduction in drug-114
related mortality; 115
(6) One or more publicly available data interfaces managed by the 116
commissioner to aggregate, track and report data on (A) substance use 117
disorders, overdoses and drug -related harms, (B) spending 118
recommendations, plans and reports, and (C) outcomes of programs, 119
services, supports and resources for which moneys from the fund were 120
disbursed; 121
(7) Expenses incurred in administering and staffing the fund and the 122
committee, as permitted by the controlling judgment, consent decree or 123
settlement; and 124
(8) Expenses associated with managing, investing and disbursing 125
moneys in the fund. 126
(f) (1) For purposes of this section, the fund balance shall be 127
determined by the State Treasurer as of July first, annually. 128
(2) Unless otherwise required by court order to refund to the federal 129
government a portion of the proceeds, moneys in the fund shall be used 130
for prospective purposes and shall not be used to reimburse 131
expenditures incurred prior to July 1, 2022. 132
(3) Proceeds derived from any state settlement of claims against a 133
defendant shall be allocated and disbursed only to those municipalities 134
that execute an agreement to participate in such settlement and adhere 135 Governor's Bill No. 5044
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to the terms of such agreement, provided the allocation or disbursement 136
of such settlement proceeds for the benefit of persons within 137
municipalities that do not execute an agreement to participate in such 138
settlement or do not adhere to the terms of such agreement shall not be 139
precluded or limited. 140
(4) Governmental and private provider, nongovernmental entities 141
shall be eligible to receive moneys from the fund for programs, services, 142
supports and resources for prevention, treatment, recovery and harm 143
reduction. 144
(5) Subject to the provisions of subsection (6) of this subsection, fund 145
disbursements shall be made by the commissioner upon approval of the 146
committee. The commissioner shall not make or refuse to make any 147
disbursement allowable under this subsection without the approval of 148
the committee. The commissioner shall adhere to the committee's 149
decisions regarding disbursement of moneys from the fund, provided 150
such disbursement is a permissible expenditure under this section. The 151
commissioner's role in the distribution of moneys after the distribution 152
has been approved by the committee and after the review and approval 153
required under subsection (e) of this section shall be ministerial and 154
shall not be discretionary. 155
(6) Moneys expended from the fund for the purposes set forth in 156
subsection (d) of this section shall be supplemental to, and shall not 157
supplant or take the place of, any other funds, including, but not limited 158
to, insurance benefits or local, state or federal funding, that would 159
otherwise have been expended for such purposes. The commissioner 160
shall not disburse moneys from the fund during any fiscal year unless 161
the Secretary of the Office of Policy and Management transmits to the 162
committee a letter verifying that funds appropriated and allocated in 163
such fiscal year's budget for substance use disorder abatement 164
infrastructure, programs, services, supports and resources for 165
prevention, treatment, recovery and harm reduction are in an amount 166
not less than the sum of the funds for such purposes appropriated and 167
allocated in the previous fiscal year's budget. As used in this 168 Governor's Bill No. 5044
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subdivision, "supplemental" means additional funding, consistent with 169
the provisions of this section, for substance use disorder abatement 170
infrastructure or a substance use disorder abatement program, service, 171
support or resource to ensure that funding in the current fiscal year 172
exceeds the sum of federal, state, and local funds allocated in the 173
previous fiscal year for such substance use disorder abatement 174
infrastructure, program, service, support or resource. 175
Sec. 3. (NEW) (Effective July 1, 2022) (a) There is established an Opioid 176
Settlement Advisory Committee to ensure (1) that proceeds received by 177
the state pursuant to section 2 of this act are allocated and spent on 178
substance use disorder abatement infrastructure, programs, services, 179
supports and resources for prevention, treatment, recovery and harm 180
reduction, and (2) robust public involvement, accountability and 181
transparency in allocating and accounting for the moneys in the fund. 182
(b) The committee shall consist of the following members: 183
(1) The Secretary of the Office of Policy and Management, or the 184
secretary's designee; 185
(2) The Attorney General, or the Attorney General's designee; 186
(3) The Commissioners of Children and Families, Mental Health and 187
Addiction Services and Public Health, or said commissioners' designees, 188
who shall serve as ex-officio members; 189
(4) The president pro tempore of the Senate, the speaker of the House 190
of Representatives, the majority leaders of the Senate and House of 191
Representatives and the minority leaders of the Senate and House of 192
Representatives, or their designees; 193
(5) Sixteen individuals representing municipalities, who shall be 194
appointed by the Governor; 195
(6) The executive director of the Commission on Racial Equity in 196
Public Health, or a representative of the commission designated by the 197
executive director; and 198 Governor's Bill No. 5044
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(7) Seven individuals appointed by the commissioner as follows: (A) 199
Two individuals in recovery from a substance use disorder or 200
representing an advocacy group for individuals with a substance use 201
disorder; (B) a provider of community-based substance use treatment 202
services for adults, who shall be a nonvoting member; (C) a provider of 203
community-based substance use treatment services for adolescents, 204
who shall be a nonvoting member; (D) an addiction medicine licensed 205
health care professional with prescribing ability, who shall be a 206
nonvoting member; and (E) two family members of individuals with a 207
substance use disorder. 208
(c) The commissioner shall be chairperson of the committee. 209
(d) Notwithstanding any other provision of the general statutes, it 210
shall not be a conflict of interest for a trustee, director, officer or 211
employee of an organization, or for any person having a financial 212
interest in such organization, to serve as a member of the committee, 213
provided such trustee, director, officer, employee or person shall 214
disclose such position or interest to all other members of the committee 215
and abstain from deliberation, action and vote by the committee under 216
this section that specifically concerns the organization of which such 217
member is a trustee, director, officer or employee, or in which such 218
member has a financial interest. 219
(e) All initial appointments to the committee shall be made not later 220
than October 1, 2022. Each member of the committee, other than the ex-221
officio members, shall serve for a term of two years, shall serve no more 222
than two consecutive terms and may serve until a successor is 223
appointed, except that in the event of any vacancy, the appointing 224
authority shall fill such vacancy for the unexpired portion of such term. 225
Any member of the committee may be removed by the appointing 226
authority for misfeasance, malfeasance or wilful neglect of duty. 227
(f) The committee shall have the following duties and powers: 228
(1) Recommend and approve policies and procedures for 229
administration of the committee and criteria for the application, 230 Governor's Bill No. 5044
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awarding and disbursement of moneys from the fund, to be used for the 231
purposes set forth in section 2 of this act; 232
(2) Recommend and approve goals, objectives, rationales for such 233
goals and objectives, sustainability plans and performance indicators 234
relating to: (A) Substance use disorder prevention, treatment, recovery 235
and harm reduction efforts; (B) reducing disparities in access to 236
prevention, treatment, recovery and harm reduction programs, services, 237
supports and resources; and (C) improving health outcomes in 238
traditionally underserved populations, including, but not limited to, 239
persons who live in rural or tribal communities, are members of racial 240
or ethnic minorities or were formerly incarcerated; and 241
(3) Approve the allocation of moneys from the fund. 242
(g) The department shall: 243
(1) Employ a full-time manager of the committee and provide public 244
health research and policy expertise, support staff, facilities, technical 245
assistance and other resources to (A) assist the manager of the 246
committee in planning and supporting the functions of the committee, 247
including ensuring that proceeds received by this state pursuant to 248
section 2 of this act are allocated and spent on substance use disorder 249
abatement infrastructure, programs, services, supports, and resources 250
for prevention, treatment, recovery and harm reduction, and (B) ensure 251
robust public involvement, accountability and transparency in 252
allocating and accounting for the moneys in the fund; 253
(2) Utilize, where feasible, appropriations from the General Fund and 254
existing infrastructure, programs, services, supports or other resources 255
to address substance use disorders, overdoses and drug-related harms; 256
(3) Prepare for review and approval by the committee of the 257
department's goals, objectives, rationales for such goals and objectives, 258
sustainability plans and performance indicators relating to (A) 259
substance use disorder prevention, treatment, recovery and harm 260
reduction efforts, and (B) reducing disparities in access to prevention, 261 Governor's Bill No. 5044
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treatment, recovery and harm reduction programs, services, supports 262
and resources; 263
(4) Evaluate applications and make recommendations to the 264
committee for the awarding of contracts and disbursements of moneys 265
from the fund exclusively for permissible expenditures set forth in 266
section 2 of this act; 267
(5) Upon receipt of final approval by the committee, disburse moneys 268
from the fund exclusively for permissible expenditures set forth in 269
section 2 of this act; 270
(6) Approve suspensions of allocations of moneys from the fund to 271
recipients found by the committee or commissioner to (A) be 272
substantially out of compliance with applicable contracts, policies, 273
procedures, rules, regulations or state or federal law, or (B) have used 274
such awards for a purpose other than an approved purpose, provided 275
the committee may resume approval of such allocations once the 276
committee has determined the recipient has adequately remedied the 277
cause of such suspension; 278
(7) Maintain oversight over the expenditure of moneys from the fund 279
to ensure moneys are used exclusively for the purposes set forth in 280
section 2 of this act; and 281
(8) Implement and publish on the department's Internet web site 282
policies and procedures for administration of the committee and for the 283
application, awarding and disbursement of moneys from the fund, to be 284
used for the purposes set forth in section 2 of this act. 285
(h) On or before October 1 2023, and annually thereafter, recipients 286
of moneys from the fund shall file with the committee an annual report 287
for the prior fiscal year detailing the effectiveness of infrastructure, 288
programs, services, supports or resources that were funded, including, 289
but not limited to, the following: 290
(1) A description of how the recipient used the moneys for their 291 Governor's Bill No. 5044
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intended purposes; 292
(2) The number of individuals served, delineated by race, age, gender 293
and any other relevant demographic factor, which shall be reported in a 294
deidentified manner; 295
(3) A specific analysis of whether the infrastructure, program, service, 296
support or resources reduced mortality or improved prevention, 297
treatment, harm reduction or recovery outcomes; and 298
(4) If a plan to ensure the sustainability of the infrastructure, program, 299
service, support or resources funded exists, a summary of such plan. 300
(i) The committee shall hold quarterly public meetings. A meeting 301
may be called by the chairperson or by a majority of the committee's 302
members. Members may attend meetings in person, remotely by 303
audiovisual means or, upon approval by the chairperson, by audio-only 304
means. For each meeting of the committee, a majority of the voting 305
members shall constitute a quorum for the transaction of business. If 306
there is a quorum, then all actions of the committee shall be taken by an 307
affirmative vote of a majority of the members present at the meeting. 308
Each voting member shall have one vote. The committee shall terminate 309
when all moneys received pursuant to section 2 of this act have been 310
received and disbursed unless the Attorney General certifies that 311
additional moneys are anticipated. 312
(j) The department shall create and maintain an Internet web site 313
where the committee shall publish (1) meeting minutes, including, but 314
not limited to, records of all votes to approve expenditures of moneys 315
from the fund, (2) recipient agreements and reports required under 316
subsection (h) of this section, (3) policies and procedures approved by 317
the committee, and (4) the committee's annual reports. 318
Sec. 4. (NEW) (Effective July 1, 2022) The department shall disburse 319
moneys from the fund in a manner consistent with the limitations on 320
uses of litigation proceeds set forth in any controlling court order. If a 321
controlling court order permits expenditures other than or in excess of 322 Governor's Bill No. 5044
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expenditures authorized under section 2 of this act, the department shall 323
adhere to the limitations on use of moneys set forth in section 2 of this 324
act. If the provisions of section 2 of this act permit expenditures other 325
than or in excess of those authorized in a controlling court order, the 326
department shall adhere to the limitations on use of moneys set forth in 327
the court order. 328
Sec. 5. (NEW) (Effective July 1, 2022) (a) Not later than January 15, 329
2023, and annually thereafter, the committee shall report, in accordance 330
with the provisions of section 11-4a of the general statutes, to the joint 331
standing committees of the General Assembly having cognizance of 332
matters relating to public health and appropriations and the budgets of 333
state agencies, on the activities carried out by the committee pursuant 334
to sections 2 to 4, inclusive, of this act, including, but not limited to, the 335
following: 336
(1) The opening and closing balance of the fund for the most recent 337
fiscal year; 338
(2) An accounting of all credits to, and expenditures from, the fund; 339
(3) An inventory of fund investments as of the most recent fiscal year 340
and the net income the fund earned for the most recent fiscal year as 341
determined by the State Treasurer pursuant to section 2 of this act; 342
(4) The name and a description of each recipient of moneys from the 343
fund, and the amount awarded to such recipient; 344
(5) A description of each award's intended use, including, but not 345
limited to, the (A) specific program, service or resource funded, (B) 346
population served, and (C) measures that the recipient will use to assess 347
the impact of the award; 348
(6) The primary criteria used to determine each recipient and its 349
respective award amount; 350
(7) A summary of information included in the recipient report 351
required under subsection (h) of section 3 of this act; 352 Governor's Bill No. 5044
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(8) All applications for an award of moneys from the fund received 353
during the most recent fiscal year; 354
(9) A description of any finding or concern as to whether all moneys 355
disbursed from the fund, other than expenses authorized under section 356
2 of this act, supplemented, and did not supplant or replace, any existing 357
or future local, state or federal government funding; 358
(10) The performance indicators and progress toward achieving the 359
goals and objectives developed pursuant to section 3 of this act, 360
including, but not limited to, metrics on improving outcomes and 361
reducing mortality and other harms related to substance use disorders; 362
(11) The dollar amount and the percentage of the fund balance 363
incurred for expenses of administering and staffing the fund and the 364
committee during the most recent fiscal year; 365
(12) The dollar amount and the percentage of the fund balance 366
incurred for expenses associated with managing, investing and 367
disbursing moneys in the fund during the most recent fiscal year; and 368
(13) An explanation of any funds certified by the commissioner and 369
Attorney General pursuant to section 2 of this act as being inconsistent 370
with the intent of this section and sections 2 to 4, inclusive, of this act 371
and the account or fund where such funds were deposited. 372
(b) The commissioner shall post the report required under subsection 373
(a) of this section on the department's Internet web site. 374
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 New section
Sec. 2 July 1, 2022 New section
Sec. 3 July 1, 2022 New section
Sec. 4 July 1, 2022 New section
Sec. 5 July 1, 2022 New section
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Statement of Purpose:
To implement the Governor's budget recommendations.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]