EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 11, 2022
CHAPTER ______
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 2 HOUSE BILL 794
Annotated Code of Maryland 1
(2021 Replacement Volume) 2
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 3
That the Laws of Maryland read as follows: 4
Article – Health – General 5
SUBTITLE 9. OPIOID RESTITUTION FUND ADVISORY COUNCIL. 6
7.5–901. 7
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(B) “COUNCIL” MEANS THE OPIOID RESTITUTION FUND ADVISORY 10
COUNCIL. 11
(C) “FUND” MEANS THE OPIOID RESTITUTION FUND ESTABLISHED UNDE R 12
§ 7–331 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 13
7.5–902. 14
THERE IS AN OPIOID RESTITUTION FUND ADVISORY COUNCIL IN THE 15
DEPARTMENT . 16
7.5–903. 17
(A) THE COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS : 18
(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 19
PRESIDENT OF THE SENATE; 20
(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 21
SPEAKER OF THE HOUSE; 22
(3) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR THE 23
DEPUTY SECRETARY’S DESIGNEE; 24
(4) THE DEPUTY SECRETARY FOR HEALTH CARE FINANCING, OR 25
THE DEPUTY SECRETARY’S DESIGNEE; 26
(5) THE EXECUTIVE DIRECTOR OF THE OPIOID OPERATIONAL 27
COMMAND CENTER, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 28
HOUSE BILL 794 3
(6) THREE INDIVIDUALS APP OINTED BY THE GOVERNOR: 1
(I) ONE OF WHOM REPRESENT S A COMMUNITY –BASED OPIOID 2
TREATMENT PROGRAM ; 3
(II) ONE OF WHOM REPRESENT S A COMMUNITY –BASED 4
SUBSTANCE USE DISORD ER AND MENTAL HEALTH TREATMENT PROGRAMS ; AND 5
(III) ONE OF WHOM IS A PUBL IC HEALTH EXPERT ENG AGED IN 6
HARM REDUCTION SERVI CES; AND 7
(7) THREE INDIVIDUALS APP OINTED BY THE SECRETARY: 8
(I) ONE OF WHOM IS AN IND IVIDUAL IN RECOVERY FROM A 9
SUBSTANCE USE DISORD ER; 10
(II) ONE OF WHOM IS A FAMI LY MEMBER OF AN INDI VIDUAL 11
WHO HAS EXPERIENCED AN OVERDOSE ; AND 12
(III) ONE OF WHOM IS AN IND IVIDUAL DISPROPORTIO NATELY 13
IMPACTED BY SUBSTANC E USE DISORDERS AND DISPARITIES IN ACCES S TO CARE; 14
AND 15
(8) ONE INDIVIDUAL DESIGN ATED BY THE EXECUTIVE DIRECTOR OF 16
THE MARYLAND ASSOCIATION OF COUNTIES. 17
(B) MEMBERS APPOINTED BY THE GOVERNOR AND BY THE SECRETARY 18
UNDER SUBSECTION (A) OF THIS SECTION SHAL L, TO THE EXTENT PRACTI CABLE: 19
(1) REFLECT THE GEOGRAPHI C REGIONS OF THE STATE; 20
(2) BE REPRESENTATIVE OF AT –RISK POPULATIONS ; AND 21
(3) REFLECT THE ETHNIC , GENDER, AND CULTURAL DIVERSI TY OF 22
THE STATE. 23
(C) THE COUNCIL SHALL DESIGNA TE A CHAIR FROM AMON G THE 24
MEMBERSHIP OF THE COUNCIL. 25
(D) (1) (I) THE TERM OF A MEMBER APPOINTED BY THE GOVERNOR 26
OR THE SECRETARY UNDER SUBSE CTION (A) OF THIS SECTION IS 2 YEARS. 27
(II) THE TERMS OF THE MEMB ERS APPOINTED BY THE 28
GOVERNOR AND THE SECRETARY UNDER SUBSE CTION (A) OF THIS SECTION ARE 29 4 HOUSE BILL 794
STAGGERED AS REQUIRE D BY THE TERMS PROVI DED FOR MEMBERS OF T HE 1
COUNCIL ON OCTOBER 1, 2022. 2
(III) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE 3
UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 4
(IV) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN 5
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED 6
AND QUALIFIES. 7
(2) A MEMBER APPOINTED BY THE GOVERNOR OR THE SECRETARY 8
UNDER SUBSECTION (A) OF THIS SECTION MAY SERVE FOR A MAXIMUM OF TWO 9
CONSECUTIVE TERMS . 10
(3) NOTWITHSTANDING ANY O THER PROVISIONS OF T HIS 11
SUBSECTION, ALL MEMBERS SERVE AT THE PLEASURE OF THE GOVERNOR. 12
(E) A MEMBER OF THE COUNCIL: 13
(1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE 14
COUNCIL; BUT 15
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 16
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 17
(F) WITH THE CONSENT OF T HE COUNCIL, THE CHAIR MAY DESIGN ATE 18
ADDITIONAL INDIVIDUA LS WITH RELEVANT EXP ERTISE TO SERVE ON A COMMITTEE 19
OF THE COUNCIL IN AN ADVISOR Y CAPACITY. 20
7.5–904. 21
(A) (1) THE COUNCIL MAY ADOPT PRO CEDURES NECESSARY TO DO 22
BUSINESS, INCLUDING THE CREATION OF COMM ITTEES. 23
(2) THE COUNCIL MAY CONSULT W ITH STATE AGENCIES TO CAR RY 24
OUT THE DUTIES OF TH E COUNCIL. 25
(3) THE COUNCIL SHALL MEET AT LEAST FOUR TIMES A Y EAR. 26
(4) A MAJORITY OF THE VOTI NG MEMBERS OF THE COUNCIL IS A 27
QUORUM. 28
HOUSE BILL 794 5
(B) THE BEHAVIORAL HEALTH ADMINISTRATION OPIOID OPERATIONAL 1
COMMAND CENTER SHALL PROVIDE APPROP RIATE STAFF NECESSAR Y TO SUPPORT 2
THE FUNCTIONS OF THE COUNCIL. 3
7.5–905. 4
ON OR BEFORE NOVEMBER 1 EACH YEAR, THE COUNCIL SHALL PROVIDE 5
SPECIFIC FINDINGS AN D RECOMMENDAT IONS IN WRITING TO T HE GOVERNOR AND 6
THE SECRETARY REGARDING T HE ALLOCATIONS OF MO NEY FROM THE FUND FOR 7
EXPENDITURES CONSIST ENT WITH USES OF THE FUND AND CONSIDERING THE 8
FOLLOWING CRITERIA : 9
(1) THE NUMBER OF PEOPLE PER CAPITA WITH A SU BSTANCE USE 10
DISORDER IN A JURISDICTION; 11
(2) DISPARITIES IN ACCESS TO CARE IN A JURISDI CTION THAT MAY 12
PRECLUDE PERSONS ; 13
(3) THE NUMBER OF OVERDOS E DEATHS PER CAPITA IN A 14
JURISDICTION; 15
(4) THE PROGRAMS , SERVICES, SUPPORTS, OR OTHER RESOURCES 16
CURRENTLY AVAILABLE TO INDIVIDUALS WITH SUB STANCE USE DISORDERS IN A 17
JURISDICTION; AND 18
(5) DISPARITIES IN ACCESS TO CARE AND HEALTH O UTCOMES IN A 19
JURISDICTION. 20
Article – State Finance and Procurement 21
7–331. 22
(a) In this section, “Fund” means the Opioid Restitution Fund. 23
(b) There is an Opioid Restitution Fund. 24
(c) The purpose of the Fund is to retain the amount of settlement revenues 25
deposited to the Fund in accordance with subsection (e)(1) of this section. 26
(e) The Fund consists of: 27
(1) all revenues received by the State from any source resulting, directly or 28
indirectly, from any judgment against, or settlement with, opioid manufacturers, opioid 29
research associations, or any other person in the opioid industry relating to any claims 30
made or prosecuted by the State to recover damages for violations of State law; and 31 6 HOUSE BILL 794
(2) the interest earnings of the Fund. 1
(f) The Fund may be used only to provide funds for: 2
(1) PROGRAMS, SERVICES, SUPPORTS, AND RESOURCES FOR 3
EVIDENCE–BASED SUBSTANCE USE DISORDER PREVENTION , TREATMENT, 4
RECOVERY, OR HARM REDUCTION TH AT HAVE THE PURPOSE OF: 5
(I) improving access to medications proven to prevent or reverse an 6
overdose; 7
[(2)] (II) supporting peer support specialists and screening, brief 8
intervention, and referral to treatment services for hospitals, correctional facilities, and 9
other high–risk populations; 10
[(3)] (III) increasing access to medications that support recovery from 11
substance use disorders; 12
[(4)] (IV) expanding the Heroin Coordinator Program, including for 13
administrative expenses; 14
[(5)] (V) expanding access to crisis beds and residential treatment 15
services FOR ADULTS AND MINOR S; 16
[(6)] (VI) expanding and establishing safe stations, mobile crisis response 17
systems, and crisis stabilization centers; 18
[(7)] (VII) supporting the [Health Crisis Hotline] BEHAVIORAL HEALTH 19
CRISIS HOTLINE; 20
[(8)] (VIII) organizing primary and secondary school education campaigns 21
to prevent opioid use, including for administrative expenses; 22
[(9)] (IX) enforcing the laws regarding opioid prescriptions and sales, 23
including for administrative expenses; 24
[(10)] (X) research regarding and training for substance use treatment and 25
overdose prevention, including for administrative expenses; and 26
[(11)] (XI) supporting and expanding other evidence–based interventions 27
for overdose prevention and substance use treatment; 28
(2) EVIDENCE–INFORMED SUBSTANCE U SE DISORDER PREVENTI ON, 29
TREATMENT RECOVERY , OR HARM REDUCTION PI LOT PROGRAMS OR 30 HOUSE BILL 794 7
DEMONSTRATION STUDIE S THAT ARE NOT EVIDE NCE–BASED IF THE OPIOID 1
RESTITUTION FUND ADVISORY COUNCIL, ESTABLISHED UNDER § 7.5–902 OF THE 2
HEALTH – GENERAL ARTICLE: 3
(I) DETERMINES THAT EMER GING EVIDENCE SUPPOR TS THE 4
DISTRIBUTION OF MONE Y FOR THE PILOT PROG RAM OR THAT THERE IS A 5
REASONABLE BASIS FOR FUNDING THE DEMONSTRATION ST UDY WITH THE 6
EXPECTATION OF CREAT ING AN EVIDENCE –BASED PROGRAM ; AND 7
(II) APPROVES THE USE OF MONEY FOR THE PILOT PROGRAM 8
OR DEMONSTRATION STU DY; AND 9
(3) EVALUATIONS OF THE E FFECTIVENESS AND OUT COMES 10
REPORTING FOR SUBSTA NCE USE DISORDER ABATEMENT I NFRASTRUCTURE , 11
PROGRAMS, SERVICES, SUPPORTS, AND RESOURCES FOR WH ICH MONEY FROM THE 12
FUND WAS USED , INCLUDING EVALUATION S OF THE IMPACT ON A CCESS TO HARM 13
REDUCTION SERVICES O R TREATMENT FOR SUBS TANCE USE DISORDERS AND THE 14
REDUCTION IN DR UG–RELATED MORTALITY . 15
(j) The Governor shall: 16
(1) develop key goals, key objectives, and key performance indicators 17
relating to substance use treatment and prevention efforts; 18
(2) at least [once] TWICE annually, consult with [substance use treatment 19
and prevention stakeholders, including consumers, providers, families, and advocates,] 20
THE OPIOID RESTITUTION FUND ADVISORY COUNCIL to identify recommended 21
appropriations from the Fund; and 22
(3) report on or before November 1 each year, in accordance with § 2–1257 23
of the State Government Article, to the General Assembly on: 24
(i) an accounting of total funds expended from the Fund in the 25
immediately preceding fiscal year, by: 26
1. use; 27
2. if applicable, jurisdiction; and 28
3. budget program and subdivision; 29
(ii) the performance indicators and progress toward achieving the 30
goals and objectives developed under item (1) of this subsection; and 31
8 HOUSE BILL 794
(iii) the recommended appropriations from the Fund identified in 1
accordance with item (2) of this subsection. 2
SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial 3
appointed members of the Opioid Restitution Fund Advisory Council shall expire as follows: 4
(1) one member appointed by the Governor and one member appointed by 5
the Secretary of Health in 2023; 6
(2) one member appointed by the Governor and one member appointed by 7
the Secretary of Health in 2024; and 8
(3) one member appointed by the Governor and one member appointed by 9
the Secretary of Health in 2025. 10
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 11
October 1, 2022. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.