EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0794*
HOUSE BILL 794
J1 2lr1180
By: Delegate Rosenberg
Introduced and read first time: February 3, 2022
Assigned to: Appropriations and Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Public Health – Opioid Restitution Fund Advisory Council 2
FOR the purpose of establishing the Opioid Restitution Fund Advisory Council in the 3
Maryland Department of Health to provide specific findings and recommendations 4
regarding the allocation of money from the Opioid Restitution Fund; altering the 5
permissible uses for the Fund and the requirement that the Governor consult with 6
certain persons to identify recommended appropriations from the Fund; and 7
generally relating to the Opioid Restitution Fund Advisory Council. 8
BY adding to 9
Article – Health – General 10
Section 7.5–901 through 7.5–905 to be under the new subtitle “Subtitle 9. Opioid 11
Restitution Fund Advisory Council” 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2021 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – State Finance and Procurement 16
Section 7–331(a) through (c) and (e) 17
Annotated Code of Maryland 18
(2021 Replacement Volume) 19
BY repealing and reenacting, with amendments, 20
Article – State Finance and Procurement 21
Section 7–331(f) and (j) 22
Annotated Code of Maryland 23
(2021 Replacement Volume) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 HOUSE BILL 794
Article – Health – General 1
SUBTITLE 9. OPIOID RESTITUTION FUND ADVISORY COUNCIL. 2
7.5–901. 3
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(B) “COUNCIL” MEANS THE OPIOID RESTITUTION FUND ADVISORY 6
COUNCIL. 7
(C) “FUND” MEANS THE OPIOID RESTITUTION FUND ESTABLISHED UNDER 8
§ 7–331 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 9
7.5–902. 10
THERE IS A N OPIOID RESTITUTION FUND ADVISORY COUNCIL IN THE 11
DEPARTMENT . 12
7.5–903. 13
(A) THE COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS : 14
(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 15
PRESIDENT OF THE SENATE; 16
(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 17
SPEAKER OF THE HOUSE; 18
(3) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR THE 19
DEPUTY SECRETARY’S DESIGNEE; 20
(4) THE DEPUTY SECRETARY FOR HEALTH CARE FINANCING, OR 21
THE DEPUTY SECRETARY’S DESIGNEE; 22
(5) THE EXECUTIVE DIRECTOR OF THE OPIOID OPERATIONAL 23
COMMAND CENTER, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 24
(6) THREE INDIVIDUALS APP OINTED BY THE GOVERNOR: 25
(I) ONE OF WHOM REPRESENT S A COMMUNITY –BASED OPIOID 26
TREATMENT PROGRAM ; 27 HOUSE BILL 794 3
(II) ONE OF WHOM REPRESENT S A COMMUNITY –BASED 1
SUBSTANCE USE DISORD ER AND MENTAL HEALTH TREATMENT PROGRAMS ; AND 2
(III) ONE OF WHOM IS A PUBL IC HEALTH EXPERT ENG AGED IN 3
HARM REDUCTION SERVICES ; AND 4
(7) THREE INDIVIDUALS APPOINTED BY THE SECRETARY: 5
(I) ONE OF WHOM IS AN I NDIVIDUAL IN RECOVERY FROM A 6
SUBSTANCE USE DISORD ER; 7
(II) ONE OF WHOM IS A F AMILY MEMBER OF AN INDIVIDUAL 8
WHO HAS EXPERIENCED AN OVERDOSE; AND 9
(III) ONE OF WHOM IS AN I NDIVIDUAL DISPROPORTIONATELY 10
IMPACTED BY SUBSTANC E USE DISORDER S AND DISPARITIES IN A CCESS TO CARE. 11
(B) MEMBERS APPOINTED BY THE GOVERNOR AND BY THE SECRETARY 12
UNDER SUBSECTION (A) OF THIS SECTION SHAL L, TO THE EXTENT PRACTI CABLE: 13
(1) REFLECT THE G EOGRAPHIC REGIONS OF THE STATE; 14
(2) BE REPRESENTATIVE OF AT–RISK POPULATIONS ; AND 15
(3) REFLECT THE E THNIC, GENDER, AND CULTURAL DIVERSI TY OF 16
THE STATE. 17
(C) THE COUNCIL SHALL DESIGNATE A CHAIR FROM AMONG T HE 18
MEMBERSHIP OF THE COUNCIL. 19
(D) (1) (I) THE TERM OF A M EMBER APPOINTED BY T HE GOVERNOR 20
OR THE SECRETARY UNDER SUBSECTION (A) OF THIS SECTION IS 2 YEARS. 21
(II) THE TERMS OF THE MEMB ERS APPOINTED BY THE 22
GOVERNOR AND THE SECRETARY UNDER SUBSE CTION (A) OF THIS SECTION ARE 23
STAGGERED AS REQUIRE D BY THE TERMS PROVI DED FOR MEMBERS OF T HE 24
COUNCIL ON OCTOBER 1, 2022. 25
(III) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE 26
UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 27
4 HOUSE BILL 794
(IV) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN 1
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED 2
AND QUALIFIES. 3
(2) A MEMBER APPOINTED BY THE GOVERNOR OR THE SECRETARY 4
UNDER SUBSECTION (A) OF THIS SECTION M AY SERVE FOR A MAXIM UM OF TWO 5
CONSECUTIVE TERMS . 6
(3) NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS 7
SUBSECTION, ALL MEMBERS SERVE AT THE PLEASURE OF THE GOVERNOR. 8
(E) A MEMBER OF THE COUNCIL: 9
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 10
COUNCIL; BUT 11
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 12
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 13
(F) WITH THE CONSENT OF T HE COUNCIL, THE CHAIR MAY DESIGN ATE 14
ADDITIONAL INDIVIDUA LS WITH RELEVANT EXP ERTISE TO SERVE ON A COMMITTEE 15
OF THE COUNCIL IN AN ADVISORY CAPAC ITY. 16
7.5–904. 17
(A) (1) THE COUNCIL MAY ADOPT PRO CEDURES NECESSARY TO DO 18
BUSINESS, INCLUDING THE CREATI ON OF COMMITTEES . 19
(2) THE COUNCIL MAY CONSULT W ITH STATE AGENCIES TO CAR RY 20
OUT THE DUTIES OF TH E COUNCIL. 21
(3) THE COUNCIL SHALL MEET AT LEAST FOUR TIMES A YEAR. 22
(4) A MAJORITY OF THE VOTIN G MEMBERS OF THE COUNCIL IS A 23
QUORUM. 24
(B) THE BEHAVIORAL HEALTH ADMINISTRATION SHALL PROVIDE 25
APPROPRIATE STAFF NE CESSARY TO SUPPORT THE FUNCT IONS OF THE COUNCIL. 26
7.5–905. 27
ON OR BEFORE NOVEMBER 1 EACH YEAR, THE COUNCIL SHALL PROVIDE 28
SPECIFIC FINDINGS AND RECOMMENDATIONS IN W RITING TO THE GOVERNOR AND 29 HOUSE BILL 794 5
THE SECRETARY REGARDING T HE ALLOCATIONS OF MO NEY FROM THE FUND FOR 1
EXPENDITURES CONSIST ENT WITH USES OF THE FUND AND CONSIDERING THE 2
FOLLOWING CRITERIA : 3
(1) THE NUMBER OF PEOPLE PER CAPITA WITH A SU BSTANCE USE 4
DISORDER IN A JURISD ICTION; 5
(2) DISPARITIES IN ACCESS TO CARE IN A JURISDI CTION THAT MAY 6
PRECLUDE PERSONS ; 7
(3) THE NUMBER OF OVERDO SE DEATHS PER CAPITA IN A 8
JURISDICTION; 9
(4) THE PROGRAMS , SERVICES, SUPPORTS, OR OTHER RESOURCES 10
CURRENTLY AVAILABLE TO INDIVIDUALS WITH SUBSTANCE USE DISORD ERS IN A 11
JURISDICTION; AND 12
(5) DISPARITIES IN ACCESS TO CARE AND HEALTH O UTCOMES IN A 13
JURISDICTION. 14
Article – State Finance and Procurement 15
7–331. 16
(a) In this section, “Fund” means the Opioid Restitution Fund. 17
(b) There is an Opioid Restitution Fund. 18
(c) The purpose of the Fund is to retain the amount of settlement revenues 19
deposited to the Fund in accordance with subsection (e)(1) of this section. 20
(e) The Fund consists of: 21
(1) all revenues received by the State from any source resulting, directly or 22
indirectly, from any judgment against, or settlement with, opioid manufacturers, opioid 23
research associations, or any other person in the opioid industry relating to any claims 24
made or prosecuted by the State to recover damages for violations of State law; and 25
(2) the interest earnings of the Fund. 26
(f) The Fund may be used only to provide funds for: 27
(1) PROGRAMS, SERVICES, SUPPORTS, AND RESOURCES FOR 28
EVIDENCE–BASED SUBSTANCE USE DISORD ER PREVENTION , TREATMENT , 29
RECOVERY, OR HARM REDUCTION THAT HAVE THE PURPOSE OF : 30 6 HOUSE BILL 794
(I) improving access to medications proven to prevent or reverse an 1
overdose; 2
[(2)] (II) supporting peer support specialists and screening, brief 3
intervention, and referral to treatment services for hospitals, correctional facilities, and 4
other high–risk populations; 5
[(3)] (III) increasing access to medications that support recovery from 6
substance use disorders; 7
[(4)] (IV) expanding the Heroin Coordinator Program, including for 8
administrative expenses; 9
[(5)] (V) expanding access to crisis beds and residential treatment 10
services FOR ADULTS AND MINOR S; 11
[(6)] (VI) expanding and establishing safe stations, mobile crisis response 12
systems, and crisis stabilization centers; 13
[(7)] (VII) supporting the [Health Crisis Hotline] BEHAVIORAL HEALTH 14
CRISIS HOTLINE; 15
[(8)] (VIII) organizing primary and secondary school education campaigns 16
to prevent opioid use, including for administrative expenses; 17
[(9)] (IX) enforcing the laws regarding opioid prescriptions and sales, 18
including for administrative expenses; 19
[(10)] (X) research regarding and training for substance use treatment and 20
overdose prevention, including for administrative expenses; and 21
[(11)] (XI) supporting and expanding other evidence–based interventions 22
for overdose prevention and substance use treatment; 23
(2) EVIDENCE–INFORMED SUBSTANCE USE DISORD ER PREVENTION , 24
TREATMENT RECOVERY , OR HARM REDUCTION PILOT PROGRAMS OR 25
DEMONSTRATION STUDIE S THAT ARE NOT EVIDE NCE–BASED IF THE OPIOID 26
RESTITUTION FUND ADVISORY COUNCIL, ESTABLISHED UNDER § 7.5–902 OF THE 27
HEALTH – GENERAL ARTICLE: 28
(I) DETERMINES THAT EMERGING EVIDENCE SU PPORTS THE 29
DISTRIBUTION OF MON EY FOR THE PILOT PR OGRAM OR THAT THERE IS A 30
REASONABLE BASIS FOR FUNDING THE DEMONSTR ATION STUDY WITH THE 31
EXPECTATION OF CREAT ING AN EVIDENCE–BASED PROGRAM ; AND 32 HOUSE BILL 794 7
(II) APPROVES THE USE OF MONEY FOR THE PILOT PROGRA M 1
OR DEMONSTRATION STU DY; AND 2
(3) EVALUATIONS OF THE E FFECTIVENESS AND OUT COMES 3
REPORTING FOR SUBSTA NCE USE DISORDER ABA TEMENT INFRASTRUCTUR E, 4
PROGRAMS, SERVICES, SUPPORTS, AND RESOURCES FOR WHICH MON EY FROM THE 5
FUND WAS USED, INCLUDING EVALUATION S OF THE IMPACT ON A CCESS TO HARM 6
REDUCTION SERVICES OR TREATMEN T FOR SUBSTANCE USE DISORDERS AND THE 7
REDUCTION IN DRUG –RELATED MORTALITY . 8
(j) The Governor shall: 9
(1) develop key goals, key objectives, and key performance indicators 10
relating to substance use treatment and prevention efforts; 11
(2) at least [once] TWICE annually, consult with [substance use treatment 12
and prevention stakeholders, including consumers, providers, families, and advocates,] 13
THE OPIOID RESTITUTION FUND ADVISORY COUNCIL to identify recommended 14
appropriations from the Fund; and 15
(3) report on or before November 1 each year, in accordance with § 2–1257 16
of the State Government Article, to the General Assembly on: 17
(i) an accounting of total funds expended from the Fund in the 18
immediately preceding fiscal year, by: 19
1. use; 20
2. if applicable, jurisdiction; and 21
3. budget program and subdivision; 22
(ii) the performance indicators and progress toward achieving the 23
goals and objectives developed under item (1) of this subsection; and 24
(iii) the recommended appropriations from the Fund identified in 25
accordance with item (2) of this subsection. 26
SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial 27
appointed members of the Opioid Restitution Fund Advisory Council shall expire as follows: 28
(1) one member appointed by the Governor and one member appointed by 29
the Secretary of Health in 2023; 30
8 HOUSE BILL 794
(2) one member appointed by the Governor and one member appointed by 1
the Secretary of Health in 2024; and 2
(3) one member appointed by the Governor and one member appointed by 3
the Secretary of Health in 2025. 4
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2022. 6