Clarifies that certain provisions related to statewide opioid settlement agreements shall cover settlements and releases related to any entities involved in the prescription drug marketing, supply and payment chain that may have contributed to the opioid epidemic through illegal conduct.
Impact
The legislation is poised to significantly influence state laws by providing more structured guidelines on how opioid settlement agreements are handled. With the bill stipulating that copies of these agreements must be maintained by the attorney general and made available for inspection, it is designed to enhance transparency in such settlements. The provisions included in the bill also limit the authority of government entities to pursue lawsuits against parties already released in prior agreements, which could reshape the legal environment around opioid litigation in New York.
Summary
Bill A08459 seeks to amend the mental hygiene law in New York regarding statewide opioid settlement agreements. Specifically, it clarifies that any settlements are to encompass all entities involved in the marketing, supply, and payment chains of prescription drugs that may have contributed to the opioid crisis through illegal conduct. This bill reflects a broader commitment to address issues surrounding opioid abuse and the legal implications for those entities potentially found liable for contributing to this public health crisis.
Contention
Notably, the contention surrounding Bill A08459 revolves around the balance between holding entities accountable for their roles in the opioid epidemic while also managing the potential impact on state resources and priorities. Critics may argue that limiting the ability of government entities to bring forth lawsuits could inhibit effective accountability and recovery from damages caused by opioid misuse. Conversely, supporters of the bill may argue that it creates a more comprehensive framework for how such settlements are conducted, potentially leading to more effective use of settlement funds for public health initiatives.
Same As
Clarifies that certain provisions related to statewide opioid settlement agreements shall cover settlements and releases related to any entities involved in the prescription drug marketing, supply and payment chain that may have contributed to the opioid epidemic through illegal conduct.
Relates to the distribution of educational materials regarding the misuse of and addiction to prescription drugs in counties with the most prevalent abuse of prescription opioids.
Provides that for settlements that require a court order, the order, or the judgment in a special proceeding, shall provide for the payment of interest on the settlement amount at the statutory interest rate on judgments.
Provides that for settlements that require a court order, the order, or the judgment in a special proceeding, shall provide for the payment of interest on the settlement amount at the statutory interest rate on judgments.
Relates to prescribing opioids to a minor; prohibits practitioners from prescribing to a minor more than a seven day supply of any controlled substance containing an opioid; requires practitioners to obtain written parental consent before issuing a first prescription of a controlled substance containing an opioid to a minor; establishes exceptions.
Relates to presumptions for the death of an injured worker due to opioid overdose where that injured worker was prescribed opioids as a result of his or her workplace injury.
Relates to presumptions for the death of an injured worker due to opioid overdose where that injured worker was prescribed opioids as a result of his or her workplace injury.
Requires health insurers to provide coverage for non-opioid treatments utilized for pain management including, but not limited to a drug or biological product that is indicated to produce analgesia without acting upon the body's opioid receptors that has demonstrated the ability to replace, reduce, or avoid opioid use or the quantity of opioids prescribed; or an implantable, reusable, or disposable medical device for the intended use of managing or treating pain that has demonstrated the ability to replace, reduce, or avoid opioid use or the quantity of opioids prescribed.