CT
Connecticut House Bill HB05044

Connecticut 2022 Regular Session

Connecticut House Bill HB05044 Compare Versions

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7+General Assembly Substitute Bill No. 5044
8+February Session, 2022
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4-Substitute House Bill No. 5044
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6-Public Act No. 22-48
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914 AN ACT IMPLEMENTING THE GOVERNOR'S BUDGET
10-RECOMMENDATIONS REGARDING THE USE OF OPIOID
11-LITIGATION PROCEEDS.
15+RECOMMENDATIONS REGARDING THE USE OF OPIOID LITIGATION
16+PROCEEDS.
1217 Be it enacted by the Senate and House of Representatives in General
1318 Assembly convened:
19+Section 1. (NEW) (Effective July 1, 2022) As used in this section and 1
20+sections 2 to 5, inclusive, of this act: 2
21+(1) "Commissioner" means the Commissioner of Mental Health and 3
22+Addiction Services. 4
23+(2) "Committee" means the Opioid Settlement Advisory Committee 5
24+established pursuant to section 3 of this act. 6
25+(3) "Department" means the Department of Mental Health and 7
26+Addiction Services. 8
27+(4) "Evidence-based" means meeting one of the following evidentiary 9
28+criteria for an activity, practice, program, service, support or strategy: 10
29+(A) Meta-analyses or systematic reviews have found the activity, 11
30+practice, program, service, support or strategy to be effective; (B) 12
31+evidence from a scientifically rigorous experimental study, including, 13
32+but not limited to, a randomized controlled trial, demonstrates the 14
33+activity, practice, program, service, support or strategy is effective; or 15 Substitute Bill No. 5044
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15-Section 1. (NEW) (Effective July 1, 2022) As used in this section and
16-sections 2 to 5, inclusive, of this act:
17-(1) "Commissioner" means the Commissioner of Mental Health and
18-Addiction Services.
19-(2) "Committee" means the Opioid Settlement Advisory Committee
20-established pursuant to section 3 of this act.
21-(3) "Department" means the Department of Mental Health and
22-Addiction Services.
23-(4) "Evidence-based" means meeting one of the following evidentiary
24-criteria for an activity, practice, program, service, support or strategy:
25-(A) Meta-analyses or systematic reviews have found the activity,
26-practice, program, service, support or strategy to be effective; (B)
27-evidence from a scientifically rigorous experimental study, including,
28-but not limited to, a randomized controlled trial, demonstrates the
29-activity, practice, program, service, support or strategy is effective; or Substitute House Bill No. 5044
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33-(C) multiple observational studies from locations in the United States
34-indicate the activity, practice, program, service, support or strategy is
35-effective. As used in this subdivision, "effective" means helping persons
36-avoid the development and progression of substance use disorders or
37-drug-related harms, reducing the adverse consequences of substance
38-use among persons who use substances, or managing, slowing the
39-progression of, or supporting recovery from a person's substance use
40-disorder or co-occurring mental health disorder.
41-(5) "Fund" means the Opioid Settlement Fund established pursuant
42-to section 2 of this act.
43-(6) "Harm reduction" means a reduction of, or attempt to reduce, the
44-adverse consequences of substance use, including, but not limited to, by
45-addressing the substance use and conditions that give rise to such
46-substance use. "Harm reduction" includes, but is not limited to, syringe
47-service programs, naloxone distribution and public awareness
48-campaigns about Good Samaritan laws.
49-(7) "Infrastructure" means the resources, including, but not limited to,
50-personnel, buildings and equipment, required for an agency of the state,
51-municipality, other government entity or nonprofit organization to
52-provide substance use disorder prevention, treatment, recovery and
53-harm reduction programs, services, supports and resources.
54-(8) "Prevention" means efforts to avoid the development and
55-progression of substance use disorders and drug-related harms.
56-(9) "Recovery" means an active process of continual growth that
57-addresses the biological, psychological, social and spiritual disturbances
58-inherent in addiction.
59-(10) "Substance use disorder" means a pattern of use of alcohol or
60-other substances that meets the applicable diagnostic criteria delineated
61-in the most recent edition of the American Psychiatric Association's Substitute House Bill No. 5044
40+(C) multiple observational studies from locations in the United States 16
41+indicate the activity, practice, program, service, support or strategy is 17
42+effective. As used in this subdivision, "effective" means helping persons 18
43+avoid the development and progression of substance use disorders or 19
44+drug-related harms, reducing the adverse consequences of substance 20
45+use among persons who use substances, or managing, slowing the 21
46+progression of, or supporting recovery from a person's substance use 22
47+disorder or co-occurring mental health disorder. 23
48+(5) "Fund" means the Opioid Settlement Fund established pursuant 24
49+to section 2 of this act. 25
50+(6) "Harm reduction" means a reduction of, or attempt to reduce, the 26
51+adverse consequences of substance use, including, but not limited to, by 27
52+addressing the substance use and conditions that give rise to such 28
53+substance use. "Harm reduction" includes, but is not limited to, syringe 29
54+service programs, naloxone distribution and public awareness 30
55+campaigns about Good Samaritan laws. 31
56+(7) "Infrastructure" means the resources, including, but not limited to, 32
57+personnel, buildings and equipment, required for an agency of the state, 33
58+municipality, other government entity or nonprofit organization to 34
59+provide substance use disorder prevention, treatment, recovery and 35
60+harm reduction programs, services, supports and resources. 36
61+(8) "Prevention" means efforts to avoid the development and 37
62+progression of substance use disorders and drug-related harms. 38
63+(9) "Recovery" means an active process of continual growth that 39
64+addresses the biological, psychological, social and spiritual disturbances 40
65+inherent in addiction. 41
66+(10) "Substance use disorder" means a pattern of use of alcohol or 42
67+other substances that meets the applicable diagnostic criteria delineated 43
68+in the most recent edition of the American Psychiatric Association's 44
69+Diagnostic and Statistical Manual of Mental Disorders. 45 Substitute Bill No. 5044
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63-Public Act No. 22-48 3 of 15
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65-Diagnostic and Statistical Manual of Mental Disorders.
66-(11) "Treatment" means a service to intervene upon, care for, manage,
67-slow progression of or support recovery from a substance use disorder
68-or co-occurring mental health disorder. "Treatment" includes, but is not
69-limited to, an individualized service to address a person's medical
70-needs, including, screening for and diagnosing of substance use
71-disorders and co-occurring mental or physical health disorders and
72-pharmacological and nonpharmacological therapeutic interventions.
73-Sec. 2. (NEW) (Effective July 1, 2022) (a) There is established an Opioid
74-Settlement Fund which shall be a separate nonlapsing fund
75-administered by the committee.
76-(b) Any moneys intended to address opioid use, related disorders or
77-the impact of the opioid epidemic that are received by the state from any
78-judgment, consent decree or settlement paid by any defendant, which is
79-finalized on or after July 1, 2021, related to the production, distribution,
80-dispensing and other activities related to opioids shall be deposited into
81-the fund. Moneys remaining in the fund at the end of a fiscal year shall
82-not revert to the General Fund.
83-(c) Notwithstanding any provision of subsection (b) of this section, if
84-the commissioner and the Attorney General certify that the purposes of
85-such judgment, consent decree or settlement are inconsistent with the
86-intent of the provisions of this section and sections 3 to 5, inclusive, of
87-this act, the commissioner and Attorney General (1) shall report in
88-writing to the committee such certification, including any identification
89-by the commissioner and Attorney General of an alternate fund or
90-account and explanation of the reasons for depositing such moneys in
91-such alternate fund or account, and (2) may deposit such moneys into
92-such alternate fund or account. The commissioner and Attorney General
93-shall jointly report, in accordance with the provisions of section 11-4a of
94-the general statutes, to the joint standing committee of the General Substitute House Bill No. 5044
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76+(11) "Treatment" means a service to intervene upon, care for, manage, 46
77+slow progression of or support recovery from a substance use disorder 47
78+or co-occurring mental health disorder. "Treatment" includes, but is not 48
79+limited to, an individualized service to address a person's medical 49
80+needs, including, screening for and diagnosing of substance use 50
81+disorders and co-occurring mental or physical health disorders and 51
82+pharmacological and nonpharmacological therapeutic interventions. 52
83+Sec. 2. (NEW) (Effective July 1, 2022) (a) There is established an Opioid 53
84+Settlement Fund which shall be a separate nonlapsing fund 54
85+administered by the committee. 55
86+(b) Any moneys intended to address opioid use, related disorders or 56
87+the impact of the opioid epidemic that are received by the state from any 57
88+judgment, consent decree or settlement paid by any defendant, which is 58
89+finalized on or after July 1, 2021, related to the production, distribution, 59
90+dispensing and other activities related to opioids shall be deposited into 60
91+the fund. Moneys remaining in the fund at the end of a fiscal year shall 61
92+not revert to the General Fund. 62
93+(c) Notwithstanding any provision of subsection (b) of this section, if 63
94+the commissioner and the Attorney General certify that the purposes of 64
95+such judgment, consent decree or settlement are inconsistent with the 65
96+intent of the provisions of this section and sections 3 to 5, inclusive, of 66
97+this act, the commissioner and Attorney General (1) shall report in 67
98+writing to the committee such certification, including any identification 68
99+by the commissioner and Attorney General of an alternate fund or 69
100+account and explanation of the reasons for depositing such moneys in 70
101+such alternate fund or account, and (2) may deposit such moneys into 71
102+such alternate fund or account. The commissioner and Attorney General 72
103+shall jointly report, in accordance with the provisions of section 11-4a of 73
104+the general statutes, to the joint standing committee of the General 74
105+Assembly having cognizance of matters relating to public health 75
106+regarding the intended use of such moneys in such alternate fund or 76
107+account prior to allocating such moneys for other purposes. 77 Substitute Bill No. 5044
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98-Assembly having cognizance of matters relating to public health
99-regarding the intended use of such moneys in such alternate fund or
100-account prior to allocating such moneys for other purposes.
101-(d) Beginning on December 31, 2022, and annually thereafter, the
102-State Treasurer shall report the following to the committee:
103-(1) An inventory of fund investments as of the most recent fiscal year;
104-and
105-(2) The net income earned by the fund in the most recent fiscal year.
106-(e) Moneys in the fund shall be spent only for the following substance
107-use disorder abatement purposes, in accordance with the controlling
108-judgment, consent decree or settlement, as confirmed by the Attorney
109-General's review of such judgment, consent decree or settlement and
110-upon the approval of the committee and the Secretary of the Office of
111-Policy and Management:
112-(1) State-wide, regional or community substance use disorder needs
113-assessments to identify structural gaps and needs to inform
114-expenditures from the fund;
115-(2) Infrastructure required for evidence-based substance use disorder
116-prevention, treatment, recovery or harm reduction programs, services
117-and supports;
118-(3) Programs, services, supports and resources for evidence-based
119-substance use disorder prevention, treatment, recovery or harm
120-reduction;
121-(4) Evidence-informed substance use disorder prevention, treatment,
122-recovery or harm reduction pilot programs or demonstration studies
123-that are not evidence-based, but are approved by the committee as an
124-appropriate use of moneys for a limited period of time as specified by Substitute House Bill No. 5044
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128-the committee, provided the committee shall assess whether the
129-evidence supports funding such programs or studies or whether it
130-provides a basis for funding such programs or studies with an
131-expectation of creating an evidence base for such programs and studies;
132-(5) Evaluation of effectiveness and outcomes reporting for substance
133-use disorder abatement infrastructure, programs, services, supports and
134-resources for which moneys from the fund have been disbursed,
135-including, but not limited to, impact on access to harm reduction
136-services or treatment for substance use disorders or reduction in drug-
137-related mortality;
138-(6) One or more publicly available data interfaces managed by the
139-commissioner to aggregate, track and report data on (A) substance use
140-disorders, overdoses and drug-related harms, (B) spending
141-recommendations, plans and reports, and (C) outcomes of programs,
142-services, supports and resources for which moneys from the fund were
143-disbursed;
144-(7) Research on opioid abatement, including, but not limited to,
145-development of evidence-based treatment, barriers to treatment,
146-nonopioid treatment of chronic pain and harm reduction, supply-side
147-enforcement;
148-(8) Documented expenses incurred in administering and staffing the
149-fund and the committee, and expenses, including, but not limited to,
150-legal fees, incurred by the state or any municipality in securing
151-settlement proceeds, deposited in the fund as permitted by the
152-controlling judgment, consent decree or settlement;
153-(9) Documented expenses associated with managing, investing and
154-disbursing moneys in the fund; and
155-(10) Documented expenses, including legal fees, incurred by the state
156-or any municipality in securing settlement proceeds deposited in the Substitute House Bill No. 5044
114+(d) Beginning on December 31, 2022, and annually thereafter, the 78
115+State Treasurer shall report the following to the committee: 79
116+(1) An inventory of fund investments as of the most recent fiscal year; 80
117+and 81
118+(2) The net income earned by the fund in the most recent fiscal year. 82
119+(e) Moneys in the fund shall be spent only for the following substance 83
120+use disorder abatement purposes, in accordance with the controlling 84
121+judgment, consent decree or settlement, as confirmed by the Attorney 85
122+General's review of such judgment, consent decree or settlement and 86
123+upon the approval of the committee and the Secretary of the Office of 87
124+Policy and Management: 88
125+(1) State-wide, regional or community substance use disorder needs 89
126+assessments to identify structural gaps and needs to inform 90
127+expenditures from the fund; 91
128+(2) Infrastructure required for evidence-based substance use disorder 92
129+prevention, treatment, recovery or harm reduction programs, services 93
130+and supports; 94
131+(3) Programs, services, supports and resources for evidence-based 95
132+substance use disorder prevention, treatment, recovery or harm 96
133+reduction; 97
134+(4) Evidence-informed substance use disorder prevention, treatment, 98
135+recovery or harm reduction pilot programs or demonstration studies 99
136+that are not evidence-based, but are approved by the committee as an 100
137+appropriate use of moneys for a limited period of time as specified by 101
138+the committee, provided the committee shall assess whether the 102
139+evidence supports funding such programs or studies or whether it 103
140+provides a basis for funding such programs or studies with an 104
141+expectation of creating an evidence base for such programs and studies; 105
142+(5) Evaluation of effectiveness and outcomes reporting for substance 106 Substitute Bill No. 5044
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160-fund to the extent such expenses are not otherwise reimbursed pursuant
161-to a fee agreement provided for by the controlling judgment, consent
162-decree or settlement.
163-(f) (1) For purposes of this section, the fund balance shall be
164-determined by the State Treasurer as of July first, annually.
165-(2) Except as permitted by subdivision (8) of subsection (e) of this
166-section, or unless otherwise required by court order to refund to the
167-federal government a portion of the proceeds, moneys in the fund shall
168-be used for prospective purposes and shall not be used to reimburse
169-expenditures incurred prior to July 1, 2022.
170-(3) Proceeds derived from any state settlement of claims against a
171-defendant shall be allocated and disbursed only to those municipalities
172-that execute an agreement to participate in such settlement and adhere
173-to the terms of such agreement, provided the allocation or disbursement
174-of such settlement proceeds for the benefit of persons within
175-municipalities that do not execute an agreement to participate in such
176-settlement or do not adhere to the terms of such agreement shall not be
177-precluded or limited.
178-(4) Governmental and nonprofit nongovernmental entities shall be
179-eligible to receive moneys from the fund for programs, services,
180-supports and resources for prevention, treatment, recovery and harm
181-reduction.
182-(5) Subject to the provisions of subdivision (6) of this subsection, fund
183-disbursements shall be made by the commissioner upon approval of the
184-committee. The commissioner shall not make or refuse to make any
185-disbursement allowable under this subsection without the approval of
186-the committee. The commissioner shall adhere to the committee's
187-decisions regarding disbursement of moneys from the fund, provided
188-such disbursement is a permissible expenditure under this section. The Substitute House Bill No. 5044
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149+use disorder abatement infrastructure, programs, services, supports and 107
150+resources for which moneys from the fund have been disbursed, 108
151+including, but not limited to, impact on access to harm reduction 109
152+services or treatment for substance use disorders or reduction in drug-110
153+related mortality; 111
154+(6) One or more publicly available data interfaces managed by the 112
155+commissioner to aggregate, track and report data on (A) substance use 113
156+disorders, overdoses and drug-related harms, (B) spending 114
157+recommendations, plans and reports, and (C) outcomes of programs, 115
158+services, supports and resources for which moneys from the fund were 116
159+disbursed; 117
160+(7) Expenses incurred in administering and staffing the fund and the 118
161+committee, as permitted by the controlling judgment, consent decree or 119
162+settlement; and 120
163+(8) Expenses associated with managing, investing and disbursing 121
164+moneys in the fund. 122
165+(f) (1) For purposes of this section, the fund balance shall be 123
166+determined by the State Treasurer as of July first, annually. 124
167+(2) Unless otherwise required by court order to refund to the federal 125
168+government a portion of the proceeds, moneys in the fund shall be used 126
169+for prospective purposes and shall not be used to reimburse 127
170+expenditures incurred prior to July 1, 2022. 128
171+(3) Proceeds derived from any state settlement of claims against a 129
172+defendant shall be allocated and disbursed only to those municipalities 130
173+that execute an agreement to participate in such settlement and adhere 131
174+to the terms of such agreement, provided the allocation or disbursement 132
175+of such settlement proceeds for the benefit of persons within 133
176+municipalities that do not execute an agreement to participate in such 134
177+settlement or do not adhere to the terms of such agreement shall not be 135
178+precluded or limited. 136 Substitute Bill No. 5044
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192-commissioner's role in the distribution of moneys after the distribution
193-has been approved by the committee and after the review and approval
194-required under subsection (e) of this section shall be ministerial and
195-shall not be discretionary.
196-(6) Moneys expended from the fund for the purposes set forth in
197-subsection (d) of this section shall be supplemental to, and shall not
198-supplant or take the place of, any other funds, including, but not limited
199-to, insurance benefits or local, state or federal funding, that would
200-otherwise have been expended for such purposes. The commissioner
201-shall not disburse moneys from the fund during any fiscal year unless
202-the Secretary of the Office of Policy and Management transmits to the
203-committee a letter verifying that funds appropriated and allocated in
204-such fiscal year's budget for substance use disorder abatement
205-infrastructure, programs, services, supports and resources for
206-prevention, treatment, recovery and harm reduction are in an amount
207-not less than the sum of the funds for such purposes appropriated and
208-allocated in the previous fiscal year's budget. As used in this
209-subdivision, "supplemental" means additional funding, consistent with
210-the provisions of this section, for substance use disorder abatement
211-infrastructure or a substance use disorder abatement program, service,
212-support or resource to ensure that funding in the current fiscal year
213-exceeds the sum of federal, state, and local funds allocated in the
214-previous fiscal year for such substance use disorder abatement
215-infrastructure, program, service, support or resource.
216-Sec. 3. (NEW) (Effective July 1, 2022) (a) There is established an Opioid
217-Settlement Advisory Committee to ensure (1) that proceeds received by
218-the state pursuant to section 2 of this act are allocated and spent on
219-substance use disorder abatement infrastructure, programs, services,
220-supports and resources for prevention, treatment, recovery and harm
221-reduction, and (2) robust public involvement, accountability and
222-transparency in allocating and accounting for the moneys in the fund. Substitute House Bill No. 5044
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226-(b) The committee shall consist of the following members:
227-(1) The Secretary of the Office of Policy and Management, or the
228-secretary's designee;
229-(2) The Attorney General, or the Attorney General's designee;
230-(3) The Commissioners of Children and Families, Mental Health and
231-Addiction Services and Public Health, or said commissioners' designees,
232-who shall serve as ex-officio members;
233-(4) The president pro tempore of the Senate, the speaker of the House
234-of Representatives, the majority leaders of the Senate and House of
235-Representatives, the minority leaders of the Senate and House of
236-Representatives, the Senate and House chairpersons of the joint
237-standing committee of the General Assembly having cognizance of
238-matters relating to appropriations and the budgets of state agencies, or
239-their designees, provided such persons have experience living with a
240-substance or disorder or are the family member of a person who has
241-experience living with a substance use disorder;
242-(5) Seventeen individuals representing municipalities, who shall be
243-appointed by the Governor;
244-(6) The executive director of the Commission on Racial Equity in
245-Public Health, or a representative of the commission designated by the
246-executive director; and
247-(7) Six individuals appointed by the commissioner as follows: (A) A
248-provider of community-based substance use treatment services for
249-adults, who shall be a nonvoting member; (B) a provider of community-
250-based substance use treatment services for adolescents, who shall be a
251-nonvoting member; (C) an addiction medicine licensed health care
252-professional with prescribing ability, who shall be a nonvoting member;
253-and (D) three individuals with experience living with a substance use Substitute House Bill No. 5044
185+(4) Governmental and private provider, nongovernmental entities 137
186+shall be eligible to receive moneys from the fund for programs, services, 138
187+supports and resources for prevention, treatment, recovery and harm 139
188+reduction. 140
189+(5) Subject to the provisions of subdivision (6) of this subsection, fund 141
190+disbursements shall be made by the commissioner upon approval of the 142
191+committee. The commissioner shall not make or refuse to make any 143
192+disbursement allowable under this subsection without the approval of 144
193+the committee. The commissioner shall adhere to the committee's 145
194+decisions regarding disbursement of moneys from the fund, provided 146
195+such disbursement is a permissible expenditure under this section. The 147
196+commissioner's role in the distribution of moneys after the distribution 148
197+has been approved by the committee and after the review and approval 149
198+required under subsection (e) of this section shall be ministerial and 150
199+shall not be discretionary. 151
200+(6) Moneys expended from the fund for the purposes set forth in 152
201+subsection (d) of this section shall be supplemental to, and shall not 153
202+supplant or take the place of, any other funds, including, but not limited 154
203+to, insurance benefits or local, state or federal funding, that would 155
204+otherwise have been expended for such purposes. The commissioner 156
205+shall not disburse moneys from the fund during any fiscal year unless 157
206+the Secretary of the Office of Policy and Management transmits to the 158
207+committee a letter verifying that funds appropriated and allocated in 159
208+such fiscal year's budget for substance use disorder abatement 160
209+infrastructure, programs, services, supports and resources for 161
210+prevention, treatment, recovery and harm reduction are in an amount 162
211+not less than the sum of the funds for such purposes appropriated and 163
212+allocated in the previous fiscal year's budget. As used in this 164
213+subdivision, "supplemental" means additional funding, consistent with 165
214+the provisions of this section, for substance use disorder abatement 166
215+infrastructure or a substance use disorder abatement program, service, 167
216+support or resource to ensure that funding in the current fiscal year 168
217+exceeds the sum of federal, state, and local funds allocated in the 169 Substitute Bill No. 5044
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257-disorder or family members of an individual with experience living
258-with a substance use disorder.
259-(c) The commissioner shall be co-chairperson of the committee. The
260-speaker of the House of Representatives and the president pro tempore
261-of the Senate shall appoint a co-chairperson from among the individuals
262-representing municipalities appointed pursuant to subdivision (5) of
263-subsection (b) of this section. The co-chairpersons of the committee shall
264-be nonvoting members.
265-(d) Notwithstanding any other provision of the general statutes, it
266-shall not be a conflict of interest for a trustee, director, officer or
267-employee of an organization, or for any person having a financial
268-interest in such organization, to serve as a member of the committee,
269-provided such trustee, director, officer, employee or person shall
270-disclose such position or interest to all other members of the committee
271-and abstain from deliberation, action and vote by the committee under
272-this section that specifically concerns the organization of which such
273-member is a trustee, director, officer or employee, or in which such
274-member has a financial interest.
275-(e) All initial appointments to the committee shall be made not later
276-than October 1, 2022. Each member of the committee, other than the ex-
277-officio members, shall serve for a term of two years, shall serve no more
278-than two consecutive terms and may serve until a successor is
279-appointed, except that in the event of any vacancy, the appointing
280-authority shall fill such vacancy for the unexpired portion of such term.
281-Any member of the committee may be removed by the appointing
282-authority for misfeasance, malfeasance or wilful neglect of duty.
283-(f) The committee shall have the following duties and powers:
284-(1) Recommend and approve policies and procedures for
285-administration of the committee and criteria for the application, Substitute House Bill No. 5044
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224+previous fiscal year for such substance use disorder abatement 170
225+infrastructure, program, service, support or resource. 171
226+Sec. 3. (NEW) (Effective July 1, 2022) (a) There is established an Opioid 172
227+Settlement Advisory Committee to ensure (1) that proceeds received by 173
228+the state pursuant to section 2 of this act are allocated and spent on 174
229+substance use disorder abatement infrastructure, programs, services, 175
230+supports and resources for prevention, treatment, recovery and harm 176
231+reduction, and (2) robust public involvement, accountability and 177
232+transparency in allocating and accounting for the moneys in the fund. 178
233+(b) The committee shall consist of the following members: 179
234+(1) The Secretary of the Office of Policy and Management, or the 180
235+secretary's designee; 181
236+(2) The Attorney General, or the Attorney General's designee; 182
237+(3) The Commissioners of Children and Families, Mental Health and 183
238+Addiction Services and Public Health, or said commissioners' designees, 184
239+who shall serve as ex-officio members; 185
240+(4) The president pro tempore of the Senate, the speaker of the House 186
241+of Representatives, the majority leaders of the Senate and House of 187
242+Representatives and the minority leaders of the Senate and House of 188
243+Representatives, or their designees; 189
244+(5) Sixteen individuals representing municipalities, who shall be 190
245+appointed by the Governor; 191
246+(6) The executive director of the Commission on Racial Equity in 192
247+Public Health, or a representative of the commission designated by the 193
248+executive director; and 194
249+(7) Seven individuals appointed by the commissioner as follows: (A) 195
250+Two individuals in recovery from a substance use disorder or 196
251+representing an advocacy group for individuals with a substance use 197 Substitute Bill No. 5044
288252
289-awarding and disbursement of moneys from the fund, to be used for the
290-purposes set forth in section 2 of this act;
291-(2) Recommend and approve goals, objectives, rationales for such
292-goals and objectives, sustainability plans and performance indicators
293-relating to: (A) Substance use disorder prevention, treatment, recovery
294-and harm reduction efforts, including, but not limited to, methods of
295-engaging persons who utilize harm reduction services in treatment and
296-recovery; (B) reducing disparities in access to prevention, treatment,
297-recovery and harm reduction programs, services, supports and
298-resources; and (C) improving health outcomes in traditionally
299-underserved populations, including, but not limited to, persons who
300-live in rural or tribal communities, are members of racial or ethnic
301-minorities or were formerly incarcerated; and
302-(3) Approve the allocation of moneys from the fund.
303-(g) Notwithstanding the provisions of section 2-5 of the general
304-statutes, the department shall:
305-(1) Employ a full-time manager of the committee and provide public
306-health research and policy expertise, support staff, facilities, technical
307-assistance and other resources to (A) assist the manager of the
308-committee in planning and supporting the functions of the committee,
309-including ensuring that proceeds received by this state pursuant to
310-section 2 of this act are allocated and spent on substance use disorder
311-abatement infrastructure, programs, services, supports, and resources
312-for prevention, treatment, recovery and harm reduction, and (B) ensure
313-robust public involvement, accountability and transparency in
314-allocating and accounting for the moneys in the fund;
315-(2) Utilize, where feasible, appropriations from the General Fund and
316-existing infrastructure, programs, services, supports or other resources
317-to address substance use disorders, overdoses and drug-related harms; Substitute House Bill No. 5044
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321-(3) Prepare for review and approval by the committee of the
322-department's goals, objectives, rationales for such goals and objectives,
323-sustainability plans and performance indicators relating to (A)
324-substance use disorder prevention, treatment, recovery and harm
325-reduction efforts, including, but not limited to, methods of engaging
326-persons who utilize harm reduction services in treatment and recovery,
327-and (B) reducing disparities in access to prevention, treatment, recovery
328-and harm reduction programs, services, supports and resources;
329-(4) Evaluate applications and make recommendations to the
330-committee for the awarding of contracts and disbursements of moneys
331-from the fund exclusively for permissible expenditures set forth in
332-section 2 of this act;
333-(5) Upon receipt of final approval by the committee, disburse moneys
334-from the fund exclusively for permissible expenditures set forth in
335-section 2 of this act;
336-(6) Approve suspensions of allocations of moneys from the fund to
337-recipients found by the committee or commissioner to (A) be
338-substantially out of compliance with applicable contracts, policies,
339-procedures, rules, regulations or state or federal law, or (B) have used
340-such awards for a purpose other than an approved purpose, provided
341-the committee may resume approval of such allocations once the
342-committee has determined the recipient has adequately remedied the
343-cause of such suspension;
344-(7) Maintain oversight over the expenditure of moneys from the fund
345-to ensure moneys are used exclusively for the purposes set forth in
346-section 2 of this act, including, but not limited to, implementing
347-procedures for evaluating the effectiveness of the infrastructure,
348-programs, services, supports or resources that are funded pursuant to
349-said section; and Substitute House Bill No. 5044
258+disorder; (B) a provider of community-based substance use treatment 198
259+services for adults, who shall be a nonvoting member; (C) a provider of 199
260+community-based substance use treatment services for adolescents, 200
261+who shall be a nonvoting member; (D) an addiction medicine licensed 201
262+health care professional with prescribing ability, who shall be a 202
263+nonvoting member; and (E) two family members of individuals with a 203
264+substance use disorder. 204
265+(c) The commissioner shall be chairperson of the committee. 205
266+(d) Notwithstanding any other provision of the general statutes, it 206
267+shall not be a conflict of interest for a trustee, director, officer or 207
268+employee of an organization, or for any person having a financial 208
269+interest in such organization, to serve as a member of the committee, 209
270+provided such trustee, director, officer, employee or person shall 210
271+disclose such position or interest to all other members of the committee 211
272+and abstain from deliberation, action and vote by the committee under 212
273+this section that specifically concerns the organization of which such 213
274+member is a trustee, director, officer or employee, or in which such 214
275+member has a financial interest. 215
276+(e) All initial appointments to the committee shall be made not later 216
277+than October 1, 2022. Each member of the committee, other than the ex-217
278+officio members, shall serve for a term of two years, shall serve no more 218
279+than two consecutive terms and may serve until a successor is 219
280+appointed, except that in the event of any vacancy, the appointing 220
281+authority shall fill such vacancy for the unexpired portion of such term. 221
282+Any member of the committee may be removed by the appointing 222
283+authority for misfeasance, malfeasance or wilful neglect of duty. 223
284+(f) The committee shall have the following duties and powers: 224
285+(1) Recommend and approve policies and procedures for 225
286+administration of the committee and criteria for the application, 226
287+awarding and disbursement of moneys from the fund, to be used for the 227
288+purposes set forth in section 2 of this act; 228 Substitute Bill No. 5044
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353-(8) Implement and publish on the department's Internet web site
354-policies and procedures for administration of the committee and for the
355-application, awarding and disbursement of moneys from the fund, to be
356-used for the purposes set forth in section 2 of this act.
357-(h) On or before October 1, 2023, and annually thereafter, recipients
358-of moneys from the fund shall file with the committee an annual report
359-for the prior fiscal year detailing the effectiveness of infrastructure,
360-programs, services, supports or resources that were funded, including,
361-but not limited to, the following:
362-(1) A description of how the recipient used the moneys for their
363-intended purposes;
364-(2) The number of individuals served, delineated by race, age, gender
365-and any other relevant demographic factor, which shall be reported in a
366-deidentified manner;
367-(3) A specific analysis of whether the infrastructure, program, service,
368-support or resources reduced mortality or improved prevention,
369-treatment, harm reduction or recovery outcomes; and
370-(4) If a plan to ensure the sustainability of the infrastructure, program,
371-service, support or resources funded exists, a summary of such plan.
372-(i) The committee shall hold quarterly public meetings. A meeting
373-may be called by the chairperson or by a majority of the committee's
374-members. Members may attend meetings in person, remotely by
375-audiovisual means or, upon approval by the chairperson, by audio-only
376-means. For each meeting of the committee, a majority of the voting
377-members shall constitute a quorum for the transaction of business. If
378-there is a quorum, then all actions of the committee shall be taken by an
379-affirmative vote of a majority of the members present at the meeting.
380-Each voting member shall have one vote. The committee shall terminate
381-when all moneys received pursuant to section 2 of this act have been Substitute House Bill No. 5044
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295+(2) Recommend and approve goals, objectives, rationales for such 229
296+goals and objectives, sustainability plans and performance indicators 230
297+relating to: (A) Substance use disorder prevention, treatment, recovery 231
298+and harm reduction efforts; (B) reducing disparities in access to 232
299+prevention, treatment, recovery and harm reduction programs, services, 233
300+supports and resources; and (C) improving health outcomes in 234
301+traditionally underserved populations, including, but not limited to, 235
302+persons who live in rural or tribal communities, are members of racial 236
303+or ethnic minorities or were formerly incarcerated; and 237
304+(3) Approve the allocation of moneys from the fund. 238
305+(g) The department shall: 239
306+(1) Employ a full-time manager of the committee and provide public 240
307+health research and policy expertise, support staff, facilities, technical 241
308+assistance and other resources to (A) assist the manager of the 242
309+committee in planning and supporting the functions of the committee, 243
310+including ensuring that proceeds received by this state pursuant to 244
311+section 2 of this act are allocated and spent on substance use disorder 245
312+abatement infrastructure, programs, services, supports, and resources 246
313+for prevention, treatment, recovery and harm reduction, and (B) ensure 247
314+robust public involvement, accountability and transparency in 248
315+allocating and accounting for the moneys in the fund; 249
316+(2) Utilize, where feasible, appropriations from the General Fund and 250
317+existing infrastructure, programs, services, supports or other resources 251
318+to address substance use disorders, overdoses and drug-related harms; 252
319+(3) Prepare for review and approval by the committee of the 253
320+department's goals, objectives, rationales for such goals and objectives, 254
321+sustainability plans and performance indicators relating to (A) 255
322+substance use disorder prevention, treatment, recovery and harm 256
323+reduction efforts, and (B) reducing disparities in access to prevention, 257
324+treatment, recovery and harm reduction programs, services, supports 258
325+and resources; 259 Substitute Bill No. 5044
384326
385-received and disbursed unless the Attorney General certifies that
386-additional moneys are anticipated.
387-(j) The department shall create and maintain an Internet web site
388-where the committee shall publish (1) meeting minutes, including, but
389-not limited to, records of all votes to approve expenditures of moneys
390-from the fund, (2) recipient agreements and reports required under
391-subsection (h) of this section, (3) policies and procedures approved by
392-the committee, and (4) the committee's annual reports.
393-Sec. 4. (NEW) (Effective July 1, 2022) The department shall disburse
394-moneys from the fund in a manner consistent with the limitations on
395-uses of litigation proceeds set forth in any controlling court order. If a
396-controlling court order permits expenditures other than or in excess of
397-expenditures authorized under section 2 of this act, the department shall
398-adhere to the limitations on use of moneys set forth in section 2 of this
399-act. If the provisions of section 2 of this act permit expenditures other
400-than or in excess of those authorized in a controlling court order, the
401-department shall adhere to the limitations on use of moneys set forth in
402-the court order.
403-Sec. 5. (NEW) (Effective July 1, 2022) (a) Not later than January 15,
404-2023, and annually thereafter, the committee shall report, in accordance
405-with the provisions of section 11-4a of the general statutes, to the joint
406-standing committees of the General Assembly having cognizance of
407-matters relating to public health and appropriations and the budgets of
408-state agencies, on the activities carried out by the committee pursuant
409-to sections 2 to 4, inclusive, of this act, including, but not limited to, the
410-following:
411-(1) The opening and closing balance of the fund for the most recent
412-fiscal year;
413-(2) An accounting of all credits to, and expenditures from, the fund; Substitute House Bill No. 5044
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417-(3) An inventory of fund investments as of the most recent fiscal year
418-and the net income the fund earned for the most recent fiscal year as
419-determined by the State Treasurer pursuant to section 2 of this act;
420-(4) The name and a description of each recipient of moneys from the
421-fund, and the amount awarded to such recipient;
422-(5) A description of each award's intended use, including, but not
423-limited to, the (A) specific program, service or resource funded, (B)
424-population served, and (C) measures that the recipient will use to assess
425-the impact of the award;
426-(6) The primary criteria used to determine each recipient and its
427-respective award amount;
428-(7) A summary of information included in the recipient report
429-required under subsection (h) of section 3 of this act;
430-(8) All applications for an award of moneys from the fund received
431-during the most recent fiscal year;
432-(9) A description of any finding or concern as to whether all moneys
433-disbursed from the fund, other than expenses authorized under section
434-2 of this act, supplemented, and did not supplant or replace, any existing
435-or future local, state or federal government funding;
436-(10) The performance indicators and progress toward achieving the
437-goals and objectives developed pursuant to section 3 of this act,
438-including, but not limited to, metrics on improving outcomes and
439-reducing mortality and other harms related to substance use disorders;
440-(11) The dollar amount and the percentage of the fund balance
441-incurred for expenses of administering and staffing the fund and the
442-committee during the most recent fiscal year;
443-(12) The dollar amount and the percentage of the fund balance Substitute House Bill No. 5044
332+(4) Evaluate applications and make recommendations to the 260
333+committee for the awarding of contracts and disbursements of moneys 261
334+from the fund exclusively for permissible expenditures set forth in 262
335+section 2 of this act; 263
336+(5) Upon receipt of final approval by the committee, disburse moneys 264
337+from the fund exclusively for permissible expenditures set forth in 265
338+section 2 of this act; 266
339+(6) Approve suspensions of allocations of moneys from the fund to 267
340+recipients found by the committee or commissioner to (A) be 268
341+substantially out of compliance with applicable contracts, policies, 269
342+procedures, rules, regulations or state or federal law, or (B) have used 270
343+such awards for a purpose other than an approved purpose, provided 271
344+the committee may resume approval of such allocations once the 272
345+committee has determined the recipient has adequately remedied the 273
346+cause of such suspension; 274
347+(7) Maintain oversight over the expenditure of moneys from the fund 275
348+to ensure moneys are used exclusively for the purposes set forth in 276
349+section 2 of this act; and 277
350+(8) Implement and publish on the department's Internet web site 278
351+policies and procedures for administration of the committee and for the 279
352+application, awarding and disbursement of moneys from the fund, to be 280
353+used for the purposes set forth in section 2 of this act. 281
354+(h) On or before October 1 2023, and annually thereafter, recipients 282
355+of moneys from the fund shall file with the committee an annual report 283
356+for the prior fiscal year detailing the effectiveness of infrastructure, 284
357+programs, services, supports or resources that were funded, including, 285
358+but not limited to, the following: 286
359+(1) A description of how the recipient used the moneys for their 287
360+intended purposes; 288
361+(2) The number of individuals served, delineated by race, age, gender 289 Substitute Bill No. 5044
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446363
447-incurred for expenses associated with managing, investing and
448-disbursing moneys in the fund during the most recent fiscal year; and
449-(13) An explanation of any funds certified by the commissioner and
450-Attorney General pursuant to section 2 of this act as being inconsistent
451-with the intent of this section and sections 2 to 4, inclusive, of this act
452-and the account or fund where such funds were deposited.
453-(b) The commissioner shall post the report required under subsection
454-(a) of this section on the department's Internet web site.
455-Sec. 6. (NEW) (Effective July 1, 2022) Nothing in sections 1 to 5,
456-inclusive, of this act shall preclude the funding of a trust for direct
457-support and services for survivors and victims of the opioid epidemic
458-and the family members of such survivors and victims who have been
459-directly impacted by such epidemic, pursuant to the settlement
460-agreement dated March 11, 2022, between the Nine, identified in such
461-settlement agreement as eight states, including this state, and the
462-District of Columbia, and the Sackler parties.
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367+
368+and any other relevant demographic factor, which shall be reported in a 290
369+deidentified manner; 291
370+(3) A specific analysis of whether the infrastructure, program, service, 292
371+support or resources reduced mortality or improved prevention, 293
372+treatment, harm reduction or recovery outcomes; and 294
373+(4) If a plan to ensure the sustainability of the infrastructure, program, 295
374+service, support or resources funded exists, a summary of such plan. 296
375+(i) The committee shall hold quarterly public meetings. A meeting 297
376+may be called by the chairperson or by a majority of the committee's 298
377+members. Members may attend meetings in person, remotely by 299
378+audiovisual means or, upon approval by the chairperson, by audio-only 300
379+means. For each meeting of the committee, a majority of the voting 301
380+members shall constitute a quorum for the transaction of business. If 302
381+there is a quorum, then all actions of the committee shall be taken by an 303
382+affirmative vote of a majority of the members present at the meeting. 304
383+Each voting member shall have one vote. The committee shall terminate 305
384+when all moneys received pursuant to section 2 of this act have been 306
385+received and disbursed unless the Attorney General certifies that 307
386+additional moneys are anticipated. 308
387+(j) The department shall create and maintain an Internet web site 309
388+where the committee shall publish (1) meeting minutes, including, but 310
389+not limited to, records of all votes to approve expenditures of moneys 311
390+from the fund, (2) recipient agreements and reports required under 312
391+subsection (h) of this section, (3) policies and procedures approved by 313
392+the committee, and (4) the committee's annual reports. 314
393+Sec. 4. (NEW) (Effective July 1, 2022) The department shall disburse 315
394+moneys from the fund in a manner consistent with the limitations on 316
395+uses of litigation proceeds set forth in any controlling court order. If a 317
396+controlling court order permits expenditures other than or in excess of 318
397+expenditures authorized under section 2 of this act, the department shall 319
398+adhere to the limitations on use of moneys set forth in section 2 of this 320 Substitute Bill No. 5044
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404+
405+act. If the provisions of section 2 of this act permit expenditures other 321
406+than or in excess of those authorized in a controlling court order, the 322
407+department shall adhere to the limitations on use of moneys set forth in 323
408+the court order. 324
409+Sec. 5. (NEW) (Effective July 1, 2022) (a) Not later than January 15, 325
410+2023, and annually thereafter, the committee shall report, in accordance 326
411+with the provisions of section 11-4a of the general statutes, to the joint 327
412+standing committees of the General Assembly having cognizance of 328
413+matters relating to public health and appropriations and the budgets of 329
414+state agencies, on the activities carried out by the committee pursuant 330
415+to sections 2 to 4, inclusive, of this act, including, but not limited to, the 331
416+following: 332
417+(1) The opening and closing balance of the fund for the most recent 333
418+fiscal year; 334
419+(2) An accounting of all credits to, and expenditures from, the fund; 335
420+(3) An inventory of fund investments as of the most recent fiscal year 336
421+and the net income the fund earned for the most recent fiscal year as 337
422+determined by the State Treasurer pursuant to section 2 of this act; 338
423+(4) The name and a description of each recipient of moneys from the 339
424+fund, and the amount awarded to such recipient; 340
425+(5) A description of each award's intended use, including, but not 341
426+limited to, the (A) specific program, service or resource funded, (B) 342
427+population served, and (C) measures that the recipient will use to assess 343
428+the impact of the award; 344
429+(6) The primary criteria used to determine each recipient and its 345
430+respective award amount; 346
431+(7) A summary of information included in the recipient report 347
432+required under subsection (h) of section 3 of this act; 348 Substitute Bill No. 5044
433+
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438+
439+(8) All applications for an award of moneys from the fund received 349
440+during the most recent fiscal year; 350
441+(9) A description of any finding or concern as to whether all moneys 351
442+disbursed from the fund, other than expenses authorized under section 352
443+2 of this act, supplemented, and did not supplant or replace, any existing 353
444+or future local, state or federal government funding; 354
445+(10) The performance indicators and progress toward achieving the 355
446+goals and objectives developed pursuant to section 3 of this act, 356
447+including, but not limited to, metrics on improving outcomes and 357
448+reducing mortality and other harms related to substance use disorders; 358
449+(11) The dollar amount and the percentage of the fund balance 359
450+incurred for expenses of administering and staffing the fund and the 360
451+committee during the most recent fiscal year; 361
452+(12) The dollar amount and the percentage of the fund balance 362
453+incurred for expenses associated with managing, investing and 363
454+disbursing moneys in the fund during the most recent fiscal year; and 364
455+(13) An explanation of any funds certified by the commissioner and 365
456+Attorney General pursuant to section 2 of this act as being inconsistent 366
457+with the intent of this section and sections 2 to 4, inclusive, of this act 367
458+and the account or fund where such funds were deposited. 368
459+(b) The commissioner shall post the report required under subsection 369
460+(a) of this section on the department's Internet web site. 370
461+This act shall take effect as follows and shall amend the following
462+sections:
463+
464+Section 1 July 1, 2022 New section
465+Sec. 2 July 1, 2022 New section
466+Sec. 3 July 1, 2022 New section
467+Sec. 4 July 1, 2022 New section
468+Sec. 5 July 1, 2022 New section
469+ Substitute Bill No. 5044
470+
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476+
477+PH Joint Favorable Subst.
478+APP Joint Favorable
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