EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
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*hb0794*
HOUSE BILL 794
J1 (2lr1180)
ENROLLED BILL
— Appropriations and Health and Government Operations/Finance —
Introduced by Delegate Rosenberg
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at __ ______________________ o’clock, ________M.
______________________________________________
Speaker.
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 2 HOUSE BILL 794
BY repealing and reenacting, without amendments, 1
Article – State Finance and Procurement 2
Section 7–331(a) through (c) and (e) 3
Annotated Code of Maryland 4
(2021 Replacement Volume) 5
BY repealing and reenacting, with amendments, 6
Article – State Finance and Procurement 7
Section 7–331(f) and (j) 8
Annotated Code of Maryland 9
(2021 Replacement Volume) 10
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12
Article – Health – General 13
SUBTITLE 9. OPIOID RESTITUTION FUND ADVISORY COUNCIL. 14
7.5–901. 15
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 16
INDICATED. 17
(B) “COUNCIL” MEANS THE OPIOID RESTITUTION FUND ADVISORY 18
COUNCIL. 19
(C) “FUND” MEANS THE OPIOID RESTITUTION FUND ESTABLISHED UNDE R 20
§ 7–331 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 21
7.5–902. 22
THERE IS AN OPIOID RESTITUTION FUND ADVISORY COUNCIL IN THE 23
DEPARTMENT . 24
7.5–903. 25
(A) THE COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS : 26
(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 27
PRESIDENT OF THE SENATE; 28
(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 29
SPEAKER OF THE HOUSE; 30 HOUSE BILL 794 3
(3) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR THE 1
DEPUTY SECRETARY’S DESIGNEE; 2
(4) THE DEPUTY SECRETARY FOR HEALTH CARE FINANCING, OR 3
THE DEPUTY SECRETARY’S DESIGNEE; 4
(5) THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL’S 5
DESIGNEE; 6
(5) (6) THE EXECUTIVE DIRECTOR OF THE OPIOID OPERATIONAL 7
COMMAND CENTER, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 8
(6) (7) THREE INDIVIDUALS APP OINTED BY THE GOVERNOR: 9
(I) ONE OF WHOM REPRESENT S A COMMUNITY –BASED OPIOID 10
TREATMENT PROGRAM ; 11
(II) ONE OF WHOM REPRE SENTS A COMMUNITY –BASED 12
SUBSTANCE USE DISORD ER AND MENTAL HEALTH TREATMENT PROGRAMS ; AND 13
(III) ONE OF WHOM IS A PUBL IC HEALTH EXPERT ENG AGED IN 14
HARM REDUCTION SERVI CES; AND 15
(7) (8) THREE INDIVIDUALS APP OINTED BY THE SECRETARY: 16
(I) ONE OF WHOM IS AN IND IVIDUAL IN RECOVERY FROM A 17
SUBSTANCE USE DISORD ER; 18
(II) ONE OF WHOM IS A FAMI LY MEMBER OF AN INDI VIDUAL 19
WHO HAS EXPERIENCED AN OVERDOSE ; AND 20
(III) ONE OF WHOM IS AN IND IVIDUAL DISPROPORTIO NATELY 21
IMPACTED BY SUBSTANC E USE DISORDERS AND DISPAR ITIES IN ACCESS TO C ARE; 22
AND 23
(8) (9) ONE INDIVIDUAL DESIGN ATED BY THE EXECUTIVE 24
DIRECTOR OF THE MARYLAND ASSOCIATION OF COUNTIES; AND 25
(10) ONE INDIVIDUAL DESIGN ATED BY THE EXECUTIVE DIRECTOR OF 26
THE MARYLAND MUNICIPAL LEAGUE. 27
(B) MEMBERS APPOINTED BY THE GOVERNOR AND BY THE SECRETARY 28
UNDER SUBSECTION (A) OF THIS SECTION SHAL L, TO THE EXTENT PRACTI CABLE: 29 4 HOUSE BILL 794
(1) REFLECT THE GEOGRAPHI C REGIONS OF THE STATE; 1
(2) BE REPRESENTATIVE OF AT–RISK POPULATIONS ; AND 2
(3) REFLECT THE ETHNI C, GENDER, AND CULTURAL DIVERSI TY OF 3
THE STATE. 4
(C) THE COUNCIL SHALL DESIGNA TE A CHAIR FROM AMON G THE 5
MEMBERSHIP OF THE COUNCIL. 6
(D) (1) (I) THE TERM OF A MEMBER APPOINTED BY THE GOVERNOR 7
OR THE SECRETARY UNDER SUBSE CTION (A) OF THIS SECTION IS 2 YEARS. 8
(II) THE TERMS OF THE MEMB ERS APPOINTED BY THE 9
GOVERNOR AND THE SECRETARY UNDER SUBSE CTION (A) OF THIS SECTION ARE 10
STAGGERED AS REQUIRE D BY THE TERMS PROVI DED FOR MEMBERS OF T HE 11
COUNCIL ON OCTOBER 1, 2022. 12
(III) AT THE END OF A TERM , A MEMBER CO NTINUES TO SERVE 13
UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 14
(IV) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN 15
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED 16
AND QUALIFIES. 17
(2) A MEMBER APPOINTED BY THE GOVERNOR OR THE SECRETARY 18
UNDER SUBSECTION (A) OF THIS SECTION MAY SERVE FOR A MAXIMUM OF TWO 19
CONSECUTIVE TERMS . 20
(3) NOTWITHSTANDING ANY O THER PROVISIONS OF T HIS 21
SUBSECTION, ALL MEMBERS SERVE AT THE PLEASURE OF THE GOVERNOR. 22
(E) A MEMBER OF THE COUNCIL: 23
(1) MAY NOT RECEIVE COMPENSAT ION AS A MEMBER OF T HE 24
COUNCIL; BUT 25
(2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 26
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 27
(F) WITH THE CONSENT OF T HE COUNCIL, THE CHAIR MAY DESIGN ATE 28
ADDITIONAL INDIVIDUALS WITH REL EVANT EXPERTISE TO S ERVE ON A COMMITTEE 29
OF THE COUNCIL IN AN ADVISOR Y CAPACITY. 30 HOUSE BILL 794 5
7.5–904. 1
(A) (1) THE COUNCIL MAY ADOPT PRO CEDURES NECESSARY TO DO 2
BUSINESS, INCLUDING THE CREATI ON OF COMMITTEES . 3
(2) THE COUNCIL MAY CONSULT W ITH STATE AGENCIES TO CARR Y 4
OUT THE DUTIES OF TH E COUNCIL. 5
(3) THE COUNCIL SHALL MEET AT LEAST FOUR TIMES A Y EAR. 6
(4) A MAJORITY OF THE VOTI NG MEMBERS OF THE COUNCIL IS A 7
QUORUM. 8
(B) THE BEHAVIORAL HEALTH ADMINISTRATION OPIOID OPERATIONAL 9
COMMAND CENTER SHALL PROVIDE APPROP RIATE STAFF NECESSAR Y TO SUPPORT 10
THE FUNCTIONS OF THE COUNCIL. 11
7.5–905. 12
ON OR BEFORE NOVEMBER 1 EACH YEAR, THE COUNCIL SHALL PROVIDE 13
SPECIFIC FINDINGS AN D RECOMMENDATIONS IN WRITING TO THE GOVERNOR AND 14
THE SECRETARY REGARDING T HE ALLOCATIONS OF MONEY FR OM THE FUND FOR 15
EXPENDITURES CONSIST ENT WITH USES OF THE FUND AND CONSIDERING THE 16
FOLLOWING CRITERIA : 17
(1) THE NUMBER OF PEOPLE PER CAPITA WITH A SU BSTANCE USE 18
DISORDER IN A JURISD ICTION; 19
(2) DISPARITIES IN ACCESS TO CARE IN A JURISDICTION THAT MA Y 20
PRECLUDE PERSONS ; 21
(3) THE NUMBER OF OVERDOS E DEATHS PER CAPITA IN A 22
JURISDICTION; 23
(4) THE PROGRAMS , SERVICES, SUPPORTS, OR OTHER RESOURCES 24
CURRENTLY AVAILABLE TO INDIVIDUALS WITH SUBSTANCE USE DISORD ERS IN A 25
JURISDICTION; AND 26
(5) DISPARITIES IN ACCESS TO CARE AND HEALTH O UTCOMES IN A 27
JURISDICTION. 28
Article – State Finance and Procurement 29
6 HOUSE BILL 794
7–331. 1
(a) In this section, “Fund” means the Opioid Restitution Fund. 2
(b) There is an Opioid Restitution Fund. 3
(c) The purpose of the Fund is to retain the amount of settlement revenues 4
deposited to the Fund in accordance with subsection (e)(1) of this section. 5
(e) The Fund consists of: 6
(1) all revenues received by the State from any source resulting, directly or 7
indirectly, from any judgment against, or settlement with, opioid manufacturers, opioid 8
research associations, or any other person in the opioid industry relating to any claims 9
made or prosecuted by the State to recover damages for violations of State law; and 10
(2) the interest earnings of the Fund. 11
(f) The Fund may be used only to provide funds for: 12
(1) PROGRAMS, SERVICES, SUPPORTS, AND RESOURCES FOR 13
EVIDENCE–BASED SUBSTANCE USE DISORDER PREVENTION , TREATMENT , 14
RECOVERY, OR HARM REDUCTION TH AT HAVE THE PURPOSE OF: 15
(I) improving access to medications proven to prevent or reverse an 16
overdose; 17
[(2)] (II) supporting peer support specialists and screening, brief 18
intervention, and referral to treatment services for hospitals, correctional facilities, and 19
other high–risk populations; 20
[(3)] (III) increasing access to medications that support recovery from 21
substance use disorders; 22
[(4)] (IV) expanding the Heroin Coordinator Program, including for 23
administrative expenses; 24
[(5)] (V) expanding access to crisis beds and residential treatment 25
services FOR ADULTS AND MINOR S; 26
[(6)] (VI) expanding and establishing safe stations, mobile crisis response 27
systems, and crisis stabilization centers; 28
[(7)] (VII) supporting the [Health Crisis Hotline] BEHAVIORAL HEALTH 29
CRISIS HOTLINE; 30
HOUSE BILL 794 7
[(8)] (VIII) organizing primary and secondary school education campaigns 1
to prevent opioid use, including for administrative expenses; 2
[(9)] (IX) enforcing the laws regarding opioid prescriptions and sales, 3
including for administrative expenses; 4
[(10)] (X) research regarding and training for substance use treatment and 5
overdose prevention, including for administrative expenses; and 6
[(11)] (XI) supporting and expanding other evidence–based interventions 7
for overdose prevention and substance use treatment; 8
(2) EVIDENCE–INFORMED SUBSTANCE U SE DISORDER PREVENTI ON, 9
TREATMENT RECOVERY , OR HARM REDUCTION PI LOT PROGRAMS OR 10
DEMONSTRATION STUDIE S THAT ARE NOT EVIDE NCE–BASED IF THE OPIOID 11
RESTITUTION FUND ADVISORY COUNCIL, ESTABLISHED UNDER § 7.5–902 OF THE 12
HEALTH – GENERAL ARTICLE: 13
(I) DETERMINES THAT EMER GING EVIDENCE SUPPOR TS THE 14
DISTRIBUTION OF MONE Y FOR THE PILOT PROG RAM OR THAT THERE IS A 15
REASONABLE BASIS FOR FUNDING THE DEMONSTR ATION STUDY WITH THE 16
EXPECTATION OF CREAT ING AN EVIDENCE–BASED PROGRAM ; AND 17
(II) APPROVES THE USE OF MONEY FOR THE PILOT PROGRAM 18
OR DEMONSTRATION STU DY; AND 19
(3) EVALUATIONS OF THE E FFECTIVENESS AND OUT COMES 20
REPORTING FOR SUBSTA NCE USE DISORDER ABA TEMENT INFRASTRUCTUR E, 21
PROGRAMS, SERVICES, SUPPORTS, AND RESOURCES FOR WH ICH MONEY FROM THE 22
FUND WAS USED , INCLUDING EVALUATION S OF THE IMPACT ON A CCESS TO HARM 23
REDUCTION SERVICES O R TREATMENT FOR SUBS TANCE USE DISORDERS AND THE 24
REDUCTION IN DRUG –RELATED MORTALITY . 25
(j) The Governor shall: 26
(1) develop key goals, key objectives, and key performance indicators 27
relating to substance use treatment and prevention efforts; 28
(2) at least [once] TWICE annually, consult with [substance use treatment 29
and prevention stakeholders, including consumers, providers, families, and advocates,] 30
THE OPIOID RESTITUTION FUND ADVISORY COUNCIL to identify recommended 31
appropriations from the Fund; and 32
(3) report on or before November 1 each year, in accordance with § 2–1257 33
of the State Government Article, to the General Assembly on: 34 8 HOUSE BILL 794
(i) an accounting of total funds expended from the Fund in the 1
immediately preceding fiscal year, by: 2
1. use; 3
2. if applicable, jurisdiction; and 4
3. budget program and subdivision; 5
(ii) the performance indicators and progress toward achieving the 6
goals and objectives developed under item (1) of this subsection; and 7
(iii) the recommended appropriations from the Fund identified in 8
accordance with item (2) of this subsection. 9
SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial 10
appointed members of the Opioid Restitution Fund Advisory Council shall expire as follows: 11
(1) one member appointed by the Governor and one member appointed by 12
the Secretary of Health in 2023; 13
(2) one member appointed by the Governor and one member appointed by 14
the Secretary of Health in 2024; and 15
(3) one member appointed by the Governor and one member appointed by 16
the Secretary of Health in 2025. 17
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
October 1, 2022. 19
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.