*HB1193.1*
January 20, 2022
HOUSE BILL No. 1193
_____
DIGEST OF HB 1193 (Updated January 19, 2022 6:49 pm - DI 134)
Citations Affected: IC 4-6.
Synopsis: Opioid litigation. Amends the deadline by which a political
subdivision may opt back in to an opioid litigation settlement. Removes
language providing that no political subdivision has any claim to any
settlement proceeds for litigation against any opioid party not yet filed
by the state as of a certain date. Provides that the office of the secretary
of family and social services shall allocate 50% of the funds received
annually to eligible regional programs of treatment, prevention, and
care that are best practices after review by the office of the secretary of
family and social services.
Effective: Upon passage.
Karickhoff
January 6, 2022, read first time and referred to Committee on Ways and Means.
January 20, 2022, amended, reported — Do Pass.
HB 1193—LS 6574/DI 149 January 20, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1193
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-6-15-2, AS ADDED BY P.L.165-2021,
2 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (b), all
4 political subdivisions shall be considered a party to any settlement,
5 including a settlement in lieu of litigation, in opioid litigation by the
6 attorney general with an opioid party that is finalized with court
7 approval after March 1, 2021. Except as provided in subsection (b),
8 political subdivisions shall be bound by the terms of any opioid
9 litigation settlement imposed by a bankruptcy court or any other court
10 of competent jurisdiction as accepted by the attorney general.
11 (b) A political subdivision that has filed opioid litigation on or
12 before January 1, 2021, may opt out of the settlement described in this
13 section and choose to pursue its own claims by submitting written
14 documentation as prescribed in subsection (c) to the attorney general
15 by June 30, 2021. Except as provided in subsection (d), any political
16 subdivision that opts out and chooses to maintain its own lawsuit under
17 this section shall have no claim to any state or political subdivision
HB 1193—LS 6574/DI 149 2
1 funds paid according to the settlement authorized or approved by the
2 attorney general.
3 (c) A document submitted by a political subdivision under
4 subsection (b) to opt out of the settlement shall include:
5 (1) the name of the political subdivision electing to opt out;
6 (2) contact information for an individual at the political
7 subdivision who can provide information regarding the decision
8 to opt out; and
9 (3) a certified copy of the resolution adopted by the political
10 subdivision to opt out;
11 of the settlement.
12 (d) Notwithstanding subsection (b), a political subdivision may opt
13 back in to a settlement by submission of:
14 (1) the name of the political subdivision opting back in;
15 (2) contact information for an individual at the political
16 subdivision who can provide information regarding the decision
17 to opt back in; and
18 (3) a certified copy of the resolution adopted by the political
19 subdivision to opt back in;
20 to the settlement to the attorney general by the earlier of sixty (60) days
21 after the political subdivision adopted a resolution to opt out of the
22 settlement or September 30, 2021, whichever occurs first. July 15,
23 2022.
24 (e) A political subdivision that has not made a choice to opt out or
25 that has opted back in to the settlement is bound by full release, waiver,
26 and dismissal of all claims against the opioid party.
27 (f) No political subdivision has any claim to any settlement proceeds
28 for litigation against any opioid party not yet filed by the state as of the
29 effective date of this chapter, as added by HEA 1001-2021.
30 SECTION 2. IC 4-6-15-4, AS ADDED BY P.L.165-2021,
31 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 UPON PASSAGE]: Sec. 4. (a) Funds received from opioid litigation
33 settlements that resolve existing state and political subdivision
34 litigation lawsuits as of January 1, 2021, shall be distributed in the
35 following manner:
36 (1) Fifteen percent (15%) to the agency settlement fund
37 established by IC 4-12-16-2 for the benefit of the state.
38 (2) Fifteen percent (15%) to the agency settlement fund
39 established by IC 4-12-16-2 for distribution to cities, counties,
40 and towns on a per capita basis. For purposes of this subdivision,
41 the population, as determined under IC 1-1-3.5-3(a), of a county
42 is the aggregate population for all unincorporated areas of the
HB 1193—LS 6574/DI 149 3
1 county.
2 (3) Seventy percent (70%) to the agency settlement fund
3 established by IC 4-12-16-2 to be used for statewide treatment,
4 education, and prevention programs for opioid use disorder and
5 any co-occurring substance use disorder or mental health issues
6 as defined or required by the settlement documents or court order.
7 (b) The amount distributed to the agency settlement fund under
8 subsection (a)(2) is annually appropriated to the office of the attorney
9 general to make the distributions described under subsection (a)(2).
10 (c) The amount distributed to the agency settlement fund under
11 subsection (a)(3) is annually appropriated to the office of the secretary
12 of family and social services for treatment, education, and prevention
13 programs for opioid use disorder and any co-occurring substance use
14 disorder or mental health issues as defined or required by the
15 settlement documents or court order. The office of the secretary of
16 family and social services shall allocate fifty percent (50%) of the
17 funds received annually under this subsection to eligible
18 community-based treatment, education, and prevention programs for
19 opioid use disorder and any co-occurring substance use disorder or
20 mental health issues. The office of the secretary of family and social
21 services shall divide the state into regions based on population and
22 ensure that funds are awarded to participating entities in each region of
23 the state. Data from calendar years beginning after December 31, 2017,
24 and ending before January 1, 2021, related to opioid use disorder
25 during those calendar years, including overdoses and deaths, may be
26 considered in the process of determining regional funding allocations
27 under this subsection. The office of the secretary of family and social
28 services may adopt rules under IC 4-22-2 to define the regions within
29 the state and for determining a process for the application and awarding
30 of funds. regional programs of treatment, prevention, and care that
31 are best practices after review by the office of the secretary of
32 family and social services. Before the remaining fifty percent (50%)
33 of the funds received under this subsection may be distributed, the
34 office of the secretary of family and social services shall submit a
35 distribution plan to the budget committee for review.
36 (d) All entities receiving settlement funds to be used for treatment,
37 education, and prevention programs for opioid use disorder and any
38 co-occurring substance use disorder or mental health issues shall
39 monitor the use of those funds and provide an annual report to the
40 office of the secretary of family and social services not later than a date
41 determined by the office of the secretary of family and social services.
42 (e) The office of the secretary of family and social services shall
HB 1193—LS 6574/DI 149 4
1 compile and submit an annual comprehensive report of the information
2 received under subsection (d) to the general assembly in an electronic
3 format under IC 5-14-6 not later than October 1 of each year
4 identifying all funds committed and used as specified by any settlement
5 documents or court order.
6 SECTION 3. An emergency is declared for this act.
HB 1193—LS 6574/DI 149 5
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred House Bill 1193, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Delete everything after the enacting clause and insert the following:
(SEE TEXT OF BILL)
and when so amended that said bill do pass.
(Reference is to HB 1193 as introduced.)
BROWN T
Committee Vote: yeas 20, nays 0.
HB 1193—LS 6574/DI 149