Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2535 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3572 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2535
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Greg Schwartz and Kate Donaghue
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing a Naloxone Purchase Trust fund.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Greg Schwartz12th Middlesex1/17/2025Kate Donaghue19th Worcester1/21/2025Christine P. Barber34th Middlesex3/4/2025James B. EldridgeMiddlesex and Worcester2/7/2025David Henry Argosky LeBoeuf17th Worcester2/10/2025Lindsay N. Sabadosa1st Hampshire2/24/2025Margaret R. Scarsdale1st Middlesex3/3/2025 1 of 3
16	16	HOUSE DOCKET, NO. 3572 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2535
18	18	By Representatives Schwartz of Newton and Donaghue of Westborough, a petition
19	19	(accompanied by bill, House, No. 2535) of Greg Schwartz, Kate Donaghue and others for
20	20	legislation to establish a universal purchase system for opioid antagonist distribution in the
21	21	Commonwealth. Public Health.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act establishing a Naloxone Purchase Trust fund.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION X. Chapter 111 of the General Laws is hereby amended by inserting the
31	31	2following section:-
32	32	3 Section XX.
33	33	4 (a) As used in this section the following words shall, unless the context clearly requires
34	34	5otherwise, have the following meanings:-
35	35	6 “Estimated cost'', a projection of funds needed during a fiscal year for the purchase,
36	36	7storage and distribution of opioid antagonists.
37	37	8 ''Opioid antagonist'', naloxone or any other drug approved by the federal Food and Drug
38	38	9Administration as a competitive narcotic antagonist used in the reversal of overdoses caused by
39	39	10opioids. 2 of 3
40	40	11 “Opioid antagonist distribution”, the distribution of opioid antagonists to healthcare
41	41	12facilities including but not limited to:
42	42	13 (i)acute care hospitals;
43	43	14 (ii)emergency departments;
44	44	15 (iii)substance use disorder treatment facilities; and
45	45	16 (iv)community health centers;
46	46	17 provided that, opioid antagonists shall be offered to a patient who has (i) a history of
47	47	18using opioids; (ii) been diagnosed with opioid use disorder; or (iii) experienced an opioid-related
48	48	19overdose.
49	49	20 “Substance use disorder treatment facilities”, a facility licensed or approved by the
50	50	21department or the department of mental health to offer treatment for substance use disorder,
51	51	22including, but not limited to: (i) withdrawal management services; (ii) clinical stabilization
52	52	23services; (iii) transitional support services; (iv) residential support services; (v) community
53	53	24behavioral health center services; (vi) office-based opioid or addiction treatment services; or (vii)
54	54	25inpatient or outpatient substance use disorder services.
55	55	26 (b) There shall be established in the commonwealth a separate trust fund to be known as
56	56	27the Naloxone Purchase Trust Fund to support a universal purchase system for opioid antagonist
57	57	28distribution in the commonwealth. The fund shall be expended to cover the costs of opioid
58	58	29antagonist distribution. The fund shall consist of all monies transferred from the executive office
59	59	30of health and human services pursuant to section 66 of chapter 118E, all money received as
60	60	31voluntary contributions to the fund, including but not limited to contributions from third party 3 of 3
61	61	32payers or third party administrators, as defined in section 1 of chapter 12C and any interest
62	62	33earnings on such monies. The fund shall be maintained by the commissioner of the department or
63	63	34a designee. The monies shall be expended under the direction of the department, without prior
64	64	35appropriation, solely to cover opioid antagonist distribution program costs; provided, however,
65	65	36that the amount to be expended for storing and distributing opioid antagonists, if such costs are
66	66	37not covered by federal contribution, shall not exceed 10 per cent of the total amount of the fund
67	67	38expended for the purchase of naloxone needed for opioid agonist distribution in the
68	68	39commonwealth. The department may incur expenses and the comptroller may certify for
69	69	40payment amounts in anticipation of the most recent estimate of expected receipts, as certified by
70	70	41the secretary of administration and finance; provided, however, that no expenditure shall be
71	71	42made from the fund which shall cause the fund to be in deficit at the close of a fiscal year. Any
72	72	43balance in the fund at the close of a fiscal year shall be available for expenditure in subsequent
73	73	44fiscal years and shall not be transferred to any other fund or revert to the General Fund. The
74	74	45commissioner of the department or a designee shall annually report the amount of funds
75	75	46collected and any expenditures made from the fund to the clerks of the house of representatives
76	76	47and senate to be forwarded on to the house and senate committees on ways and means, the house
77	77	48and senate chairs of the joint committee on public health and the house and senate chairs of the
78	78	49joint committee on health care financing.
79	79	50 (c) The department may adopt rules and regulations as necessary to implement the
80	80	51universal purchase and distribution system under this chapter and other applicable state and
81	81	52federal laws.