MD
Maryland House Bill HB794

Maryland 2022 Regular Session

Maryland House Bill HB794 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 270
21
3-– 1 –
4-Chapter 270
5-(House Bill 794)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW .
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0794*
810
9-Public Health – Opioid Restitution Fund Advisory Council
11+HOUSE BILL 794
12+J1 (2lr1180)
13+ENROLLED BILL
14+— Appropriations and Health and Government Operations/Finance —
15+Introduced by Delegate Rosenberg
1016
11-FOR the purpose of establishing the Opioid Restitution Fund Advisory Council in the
12-Maryland Department of Health to provide specific findings and recommendations
13-regarding the allocation of money from the Opioid Restitution Fund; altering the
14-permissible uses for the Fund and the requirement that the Governor consult with
15-certain persons to identify recommended appropriations from the Fund; and
16-generally relating to the Opioid Restitution Fund Advisory Council.
17+Read and Examined by Proofreaders:
1718
18-BY adding to
19- Article – Health – General
20-Section 7.5–901 through 7.5–905 to be under the new subtitle “Subtitle 9. Opioid
21-Restitution Fund Advisory Council”
22- Annotated Code of Maryland
23- (2019 Replacement Volume and 2021 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2423
25-BY repealing and reenacting, without amendments,
26- Article – State Finance and Procurement
27-Section 7–331(a) through (c) and (e)
28- Annotated Code of Maryland
29- (2021 Replacement Volume)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3025
31-BY repealing and reenacting, with amendments,
32- Article – State Finance and Procurement
33-Section 7–331(f) and (j)
34- Annotated Code of Maryland
35- (2021 Replacement Volume)
26+_______ day of _______________ at __ ______________________ o’clock, ________M.
3627
37- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
38-That the Laws of Maryland read as follows:
28+______________________________________________
29+Speaker.
3930
40-Article – Health – General
31+CHAPTER ______
4132
42-SUBTITLE 9. OPIOID RESTITUTION FUND ADVISORY COUNCIL.
33+AN ACT concerning 1
4334
44-7.5–901.
35+Public Health – Opioid Restitution Fund Advisory Council 2
4536
46- (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
47-INDICATED.
48- Ch. 270 2022 LAWS OF MARYLAND
37+FOR the purpose of establishing the Opioid Restitution Fund Advisory Council in the 3
38+Maryland Department of Health to provide specific findings and recommendations 4
39+regarding the allocation of money from the Opioid Restitution Fund; altering the 5
40+permissible uses for the Fund and the requirement that the Governor consult with 6
41+certain persons to identify recommended appropriations from the Fund; and 7
42+generally relating to the Opioid Restitution Fund Advisory Council. 8
4943
50-– 2 –
51- (B) “COUNCIL” MEANS THE OPIOID RESTITUTION FUND ADVISORY
52-COUNCIL.
44+BY adding to 9
45+ Article – Health – General 10
46+Section 7.5–901 through 7.5–905 to be under the new subtitle “Subtitle 9. Opioid 11
47+Restitution Fund Advisory Council” 12
48+ Annotated Code of Maryland 13
49+ (2019 Replacement Volume and 2021 Supplement) 14 2 HOUSE BILL 794
5350
54- (C) “FUND” MEANS THE OPIOID RESTITUTION FUND ESTABLISHED UNDE R
55-§ 7–331 OF THE STATE FINANCE AND PROCUREMENT ARTICLE.
5651
57-7.5–902.
5852
59- THERE IS AN OPIOID RESTITUTION FUND ADVISORY COUNCIL IN THE
60-DEPARTMENT .
53+BY repealing and reenacting, without amendments, 1
54+ Article – State Finance and Procurement 2
55+Section 7–331(a) through (c) and (e) 3
56+ Annotated Code of Maryland 4
57+ (2021 Replacement Volume) 5
6158
62-7.5–903.
59+BY repealing and reenacting, with amendments, 6
60+ Article – State Finance and Procurement 7
61+Section 7–331(f) and (j) 8
62+ Annotated Code of Maryland 9
63+ (2021 Replacement Volume) 10
6364
64- (A) THE COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS :
65+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
66+That the Laws of Maryland read as follows: 12
6567
66- (1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE
67-PRESIDENT OF THE SENATE;
68+Article – Health – General 13
6869
69- (2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE
70-SPEAKER OF THE HOUSE;
70+SUBTITLE 9. OPIOID RESTITUTION FUND ADVISORY COUNCIL. 14
7171
72- (3) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR THE
73-DEPUTY SECRETARY’S DESIGNEE;
72+7.5–901. 15
7473
75- (4) THE DEPUTY SECRETARY FOR HEALTH CARE FINANCING, OR
76-THE DEPUTY SECRETARY’S DESIGNEE;
74+ (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 16
75+INDICATED. 17
7776
78- (5) THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL’S
79-DESIGNEE;
77+ (B) “COUNCIL” MEANS THE OPIOID RESTITUTION FUND ADVISORY 18
78+COUNCIL. 19
8079
81- (5) (6) THE EXECUTIVE DIRECTOR OF THE OPIOID OPERATIONAL
82-COMMAND CENTER, OR THE EXECUTIVE DIRECTOR’S DESIGNEE;
80+ (C) “FUND” MEANS THE OPIOID RESTITUTION FUND ESTABLISHED UNDE R 20
81+§ 7–331 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 21
8382
84- (6) (7) THREE INDIVIDUALS APP OINTED BY THE GOVERNOR:
83+7.5–902. 22
8584
86- (I) ONE OF WHOM REPRESENT S A COMMUNITY –BASED OPIOID
87-TREATMENT PROGRAM ;
85+ THERE IS AN OPIOID RESTITUTION FUND ADVISORY COUNCIL IN THE 23
86+DEPARTMENT . 24
8887
89- (II) ONE OF WHOM REPRESENTS A COMMUNI TY–BASED
90-SUBSTANCE USE DISORD ER AND MENTAL HEALTH TREATMENT PROGRAMS ; AND
88+7.5–903. 25
9189
92- (III) ONE OF WHOM IS A PUBL IC HEALTH EXPERT ENG AGED IN
93-HARM REDUCTION SERVI CES; AND
94- LAWRENCE J. HOGAN, JR., Governor Ch. 270
90+ (A) THE COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS : 26
9591
96-– 3 –
97- (7) (8) THREE INDIVIDUALS APP OINTED BY THE SECRETARY:
92+ (1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 27
93+PRESIDENT OF THE SENATE; 28
9894
99- (I) ONE OF WHOM IS AN IND IVIDUAL IN RECOVERY FROM A
100-SUBSTANCE USE DISORD ER;
95+ (2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 29
96+SPEAKER OF THE HOUSE; 30 HOUSE BILL 794 3
10197
102- (II) ONE OF WHOM IS A FAMI LY MEMBER OF AN INDI VIDUAL
103-WHO HAS EXPERIENCED AN OVERDOSE ; AND
10498
105- (III) ONE OF WHOM IS AN IND IVIDUAL DISPROPORTIO NATELY
106-IMPACTED BY SUBSTANC E USE DISORDERS AND DISPARITIES IN ACCESS TO CARE ;
107-AND
10899
109- (8) (9) ONE INDIVIDUAL DESIGN ATED BY THE EXECUTIVE
110-DIRECTOR OF THE MARYLAND ASSOCIATION OF COUNTIES; AND
100+ (3) THE DEPUTY SECRETARY FOR BEHAVIORAL HEALTH, OR THE 1
101+DEPUTY SECRETARY’S DESIGNEE; 2
111102
112- (10) ONE INDIVIDUAL DESIGN ATED BY THE EXECUTIVE DIRECTOR OF
113-THE MARYLAND MUNICIPAL LEAGUE.
103+ (4) THE DEPUTY SECRETARY FOR HEALTH CARE FINANCING, OR 3
104+THE DEPUTY SECRETARY’S DESIGNEE; 4
114105
115- (B) MEMBERS APPOINTED BY THE GOVERNOR AND BY THE SECRETARY
116-UNDER SUBSECTION (A) OF THIS SECTION SHAL L, TO THE EXTENT PRACTI CABLE:
106+ (5) THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL’S 5
107+DESIGNEE; 6
117108
118- (1) REFLECT THE GEOGRAPHI C REGIONS OF THE STATE;
109+ (5) (6) THE EXECUTIVE DIRECTOR OF THE OPIOID OPERATIONAL 7
110+COMMAND CENTER, OR THE EXECUTIVE DIRECTOR’S DESIGNEE; 8
119111
120- (2) BE REPRESENTATIVE OF AT–RISK POPULATIONS ; AND
112+ (6) (7) THREE INDIVIDUALS APP OINTED BY THE GOVERNOR: 9
121113
122- (3) REFLECT THE ETHNIC , GENDER, AND CULTURAL DIVERSI TY OF
123-THE STATE.
114+ (I) ONE OF WHOM REPRESENT S A COMMUNITY –BASED OPIOID 10
115+TREATMENT PROGRAM ; 11
124116
125- (C) THE COUNCIL SHALL DESIGNA TE A CHAIR FROM AMON G THE
126-MEMBERSHIP OF THE COUNCIL.
117+ (II) ONE OF WHOM REPRE SENTS A COMMUNITY –BASED 12
118+SUBSTANCE USE DISORD ER AND MENTAL HEALTH TREATMENT PROGRAMS ; AND 13
127119
128- (D) (1) (I) THE TERM OF A MEMBER APPOINTED BY THE GOVERNOR
129-OR THE SECRETARY UNDER SUBSE CTION (A) OF THIS SECTION IS 2 YEARS.
120+ (III) ONE OF WHOM IS A PUBL IC HEALTH EXPERT ENG AGED IN 14
121+HARM REDUCTION SERVI CES; AND 15
130122
131- (II) THE TERMS OF THE MEMB ERS APPOINTED BY THE
132-GOVERNOR AND THE SECRETARY UNDER SUBSE CTION (A) OF THIS SECTION ARE
133-STAGGERED AS REQUIRE D BY THE TERMS PROVI DED FOR MEMBERS OF T HE
134-COUNCIL ON OCTOBER 1, 2022.
123+ (7) (8) THREE INDIVIDUALS APP OINTED BY THE SECRETARY: 16
135124
136- (III) AT THE END OF A TERM , A MEMBER CONTINUES TO SERVE
137-UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES.
138- Ch. 270 2022 LAWS OF MARYLAND
125+ (I) ONE OF WHOM IS AN IND IVIDUAL IN RECOVERY FROM A 17
126+SUBSTANCE USE DISORD ER; 18
139127
140-– 4 –
141- (IV) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN
142-SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED
143-AND QUALIFIES.
128+ (II) ONE OF WHOM IS A FAMI LY MEMBER OF AN INDI VIDUAL 19
129+WHO HAS EXPERIENCED AN OVERDOSE ; AND 20
144130
145- (2) A MEMBER APPOINTED BY THE GOVERNOR OR THE SECRETARY
146-UNDER SUBSECTION (A) OF THIS SECTION MAY SERVE FOR A MAXIMUM OF TWO
147-CONSECUTIVE TERMS .
131+ (III) ONE OF WHOM IS AN IND IVIDUAL DISPROPORTIO NATELY 21
132+IMPACTED BY SUBSTANC E USE DISORDERS AND DISPAR ITIES IN ACCESS TO C ARE; 22
133+AND 23
148134
149- (3) NOTWITHSTANDING ANY O THER PROVISIONS OF T HIS
150-SUBSECTION, ALL MEMBERS SERVE AT THE PLEASURE OF THE GOVERNOR.
135+ (8) (9) ONE INDIVIDUAL DESIGN ATED BY THE EXECUTIVE 24
136+DIRECTOR OF THE MARYLAND ASSOCIATION OF COUNTIES; AND 25
151137
152- (E) A MEMBER OF THE COUNCIL:
138+ (10) ONE INDIVIDUAL DESIGN ATED BY THE EXECUTIVE DIRECTOR OF 26
139+THE MARYLAND MUNICIPAL LEAGUE. 27
153140
154- (1) MAY NOT RECEIVE COMPE NSATION AS A MEMBER OF THE
155-COUNCIL; BUT
141+ (B) MEMBERS APPOINTED BY THE GOVERNOR AND BY THE SECRETARY 28
142+UNDER SUBSECTION (A) OF THIS SECTION SHAL L, TO THE EXTENT PRACTI CABLE: 29 4 HOUSE BILL 794
156143
157- (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE
158-STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET .
159144
160- (F) WITH THE CONSENT OF T HE COUNCIL, THE CHAIR MAY DESIGN ATE
161-ADDITIONAL INDIVIDUALS WIT H RELEVANT EXPERTISE TO SERVE ON A COMMIT TEE
162-OF THE COUNCIL IN AN ADVISOR Y CAPACITY.
163145
164-7.5–904.
146+ (1) REFLECT THE GEOGRAPHI C REGIONS OF THE STATE; 1
165147
166- (A) (1) THE COUNCIL MAY ADOPT PRO CEDURES NECESSARY TO DO
167-BUSINESS, INCLUDING THE CREATI ON OF COMMITTEES .
148+ (2) BE REPRESENTATIVE OF AT–RISK POPULATIONS ; AND 2
168149
169- (2) THE COUNCIL MAY CONSULT WITH STATE AGENCIES TO CAR RY
170-OUT THE DUTIES OF TH E COUNCIL.
150+ (3) REFLECT THE ETHNI C, GENDER, AND CULTURAL DIVERSI TY OF 3
151+THE STATE. 4
171152
172- (3) THE COUNCIL SHALL MEET AT LEAST FOUR TIMES A Y EAR.
153+ (C) THE COUNCIL SHALL DESIGNA TE A CHAIR FROM AMON G THE 5
154+MEMBERSHIP OF THE COUNCIL. 6
173155
174- (4) A MAJORITY OF THE VOTI NG MEMBERS OF THE COUNCIL IS A
175-QUORUM.
156+ (D) (1) (I) THE TERM OF A MEMBER APPOINTED BY THE GOVERNOR 7
157+OR THE SECRETARY UNDER SUBSE CTION (A) OF THIS SECTION IS 2 YEARS. 8
176158
177- (B) THE BEHAVIORAL HEALTH ADMINISTRATION OPIOID OPERATIONAL
178-COMMAND CENTER SHALL PROVIDE APPROP RIATE STAFF NECESSAR Y TO SUPPORT
179-THE FUNCTIONS OF THE COUNCIL.
159+ (II) THE TERMS OF THE MEMB ERS APPOINTED BY THE 9
160+GOVERNOR AND THE SECRETARY UNDER SUBSE CTION (A) OF THIS SECTION ARE 10
161+STAGGERED AS REQUIRE D BY THE TERMS PROVI DED FOR MEMBERS OF T HE 11
162+COUNCIL ON OCTOBER 1, 2022. 12
180163
181-7.5–905.
164+ (III) AT THE END OF A TERM , A MEMBER CO NTINUES TO SERVE 13
165+UNTIL A SUCCESSOR IS APPOINTED AND QUALIF IES. 14
182166
183- ON OR BEFORE NOVEMBER 1 EACH YEAR, THE COUNCIL SHALL PROVIDE
184-SPECIFIC FINDINGS AN D RECOMMENDATIONS IN WRITING TO THE GOVERNOR AND LAWRENCE J. HOGAN, JR., Governor Ch. 270
167+ (IV) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN 15
168+SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED 16
169+AND QUALIFIES. 17
185170
186-– 5 –
187-THE SECRETARY REGARDING THE ALLOCATIONS OF M ONEY FROM THE FUND FOR
188-EXPENDITURES CONSIST ENT WITH USES OF THE FUND AND CONSIDERING THE
189-FOLLOWING CRITERIA :
171+ (2) A MEMBER APPOINTED BY THE GOVERNOR OR THE SECRETARY 18
172+UNDER SUBSECTION (A) OF THIS SECTION MAY SERVE FOR A MAXIMUM OF TWO 19
173+CONSECUTIVE TERMS . 20
190174
191- (1) THE NUMBER OF PEOPLE PER CAPITA WITH A SU BSTANCE USE
192-DISORDER IN A JURISD ICTION;
175+ (3) NOTWITHSTANDING ANY O THER PROVISIONS OF T HIS 21
176+SUBSECTION, ALL MEMBERS SERVE AT THE PLEASURE OF THE GOVERNOR. 22
193177
194- (2) DISPARITIES IN ACCESS TO CARE IN A JURISDICTION THAT MAY
195-PRECLUDE PERSONS ;
178+ (E) A MEMBER OF THE COUNCIL: 23
196179
197- (3) THE NUMBER OF OVERDOS E DEATHS PER CAPITA IN A
198-JURISDICTION;
180+ (1) MAY NOT RECEIVE COMPENSAT ION AS A MEMBER OF T HE 24
181+COUNCIL; BUT 25
199182
200- (4) THE PROGRAMS , SERVICES, SUPPORTS, OR OTHER RESOURCES
201-CURRENTLY AVAILABLE TO INDIVIDUALS WITH SUBSTANCE USE DISORD ERS IN A
202-JURISDICTION; AND
183+ (2) IS ENTITLED TO REIMBU RSEMENT FOR EXPENSES UNDER THE 26
184+STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 27
203185
204- (5) DISPARITIES IN ACCESS TO CARE AND HEALTH O UTCOMES IN A
205-JURISDICTION.
186+ (F) WITH THE CONSENT OF T HE COUNCIL, THE CHAIR MAY DESIGN ATE 28
187+ADDITIONAL INDIVIDUALS WITH REL EVANT EXPERTISE TO S ERVE ON A COMMITTEE 29
188+OF THE COUNCIL IN AN ADVISOR Y CAPACITY. 30 HOUSE BILL 794 5
206189
207-Article – State Finance and Procurement
208190
209-7–331.
210191
211- (a) In this section, “Fund” means the Opioid Restitution Fund.
192+7.5–904. 1
212193
213- (b) There is an Opioid Restitution Fund.
194+ (A) (1) THE COUNCIL MAY ADOPT PRO CEDURES NECESSARY TO DO 2
195+BUSINESS, INCLUDING THE CREATI ON OF COMMITTEES . 3
214196
215- (c) The purpose of the Fund is to retain the amount of settlement revenues
216-deposited to the Fund in accordance with subsection (e)(1) of this section.
197+ (2) THE COUNCIL MAY CONSULT W ITH STATE AGENCIES TO CARR Y 4
198+OUT THE DUTIES OF TH E COUNCIL. 5
217199
218- (e) The Fund consists of:
200+ (3) THE COUNCIL SHALL MEET AT LEAST FOUR TIMES A Y EAR. 6
219201
220- (1) all revenues received by the State from any source resulting, directly or
221-indirectly, from any judgment against, or settlement with, opioid manufacturers, opioid
222-research associations, or any other person in the opioid industry relating to any claims
223-made or prosecuted by the State to recover damages for violations of State law; and
202+ (4) A MAJORITY OF THE VOTI NG MEMBERS OF THE COUNCIL IS A 7
203+QUORUM. 8
224204
225- (2) the interest earnings of the Fund.
205+ (B) THE BEHAVIORAL HEALTH ADMINISTRATION OPIOID OPERATIONAL 9
206+COMMAND CENTER SHALL PROVIDE APPROP RIATE STAFF NECESSAR Y TO SUPPORT 10
207+THE FUNCTIONS OF THE COUNCIL. 11
226208
227- (f) The Fund may be used only to provide funds for:
209+7.5–905. 12
228210
229- (1) PROGRAMS, SERVICES, SUPPORTS, AND RESOURCES FOR
230-EVIDENCE–BASED SUBSTANCE USE DISORDER PREVENTION , TREATMENT ,
231-RECOVERY, OR HARM REDUCTION TH AT HAVE THE PURPOSE OF: Ch. 270 2022 LAWS OF MARYLAND
211+ ON OR BEFORE NOVEMBER 1 EACH YEAR, THE COUNCIL SHALL PROVIDE 13
212+SPECIFIC FINDINGS AN D RECOMMENDATIONS IN WRITING TO THE GOVERNOR AND 14
213+THE SECRETARY REGARDING T HE ALLOCATIONS OF MONEY FR OM THE FUND FOR 15
214+EXPENDITURES CONSIST ENT WITH USES OF THE FUND AND CONSIDERING THE 16
215+FOLLOWING CRITERIA : 17
232216
233-– 6 –
217+ (1) THE NUMBER OF PEOPLE PER CAPITA WITH A SU BSTANCE USE 18
218+DISORDER IN A JURISD ICTION; 19
234219
235- (I) improving access to medications proven to prevent or reverse an
236-overdose;
220+ (2) DISPARITIES IN ACCESS TO CARE IN A JURISDICTION THAT MA Y 20
221+PRECLUDE PERSONS ; 21
237222
238- [(2)] (II) supporting peer support specialists and screening, brief
239-intervention, and referral to treatment services for hospitals, correctional facilities, and
240-other high–risk populations;
223+ (3) THE NUMBER OF OVERDOS E DEATHS PER CAPITA IN A 22
224+JURISDICTION; 23
241225
242- [(3)] (III) increasing access to medications that support recovery from
243-substance use disorders;
226+ (4) THE PROGRAMS , SERVICES, SUPPORTS, OR OTHER RESOURCES 24
227+CURRENTLY AVAILABLE TO INDIVIDUALS WITH SUBSTANCE USE DISORD ERS IN A 25
228+JURISDICTION; AND 26
244229
245- [(4)] (IV) expanding the Heroin Coordinator Program, including for
246-administrative expenses;
230+ (5) DISPARITIES IN ACCESS TO CARE AND HEALTH O UTCOMES IN A 27
231+JURISDICTION. 28
247232
248- [(5)] (V) expanding access to crisis beds and residential treatment
249-services FOR ADULTS AND MINOR S;
233+Article – State Finance and Procurement 29
234+ 6 HOUSE BILL 794
250235
251- [(6)] (VI) expanding and establishing safe stations, mobile crisis response
252-systems, and crisis stabilization centers;
253236
254- [(7)] (VII) supporting the [Health Crisis Hotline] BEHAVIORAL HEALTH
255-CRISIS HOTLINE;
237+7–331. 1
256238
257- [(8)] (VIII) organizing primary and secondary school education campaigns
258-to prevent opioid use, including for administrative expenses;
239+ (a) In this section, “Fund” means the Opioid Restitution Fund. 2
259240
260- [(9)] (IX) enforcing the laws regarding opioid prescriptions and sales,
261-including for administrative expenses;
241+ (b) There is an Opioid Restitution Fund. 3
262242
263- [(10)] (X) research regarding and training for substance use treatment and
264-overdose prevention, including for administrative expenses; and
243+ (c) The purpose of the Fund is to retain the amount of settlement revenues 4
244+deposited to the Fund in accordance with subsection (e)(1) of this section. 5
265245
266- [(11)] (XI) supporting and expanding other evidence–based interventions
267-for overdose prevention and substance use treatment;
246+ (e) The Fund consists of: 6
268247
269- (2) EVIDENCE–INFORMED SUBSTANCE U SE DISORDER PREVENTI ON,
270-TREATMENT RECOVERY , OR HARM REDUCTION PI LOT PROGRAMS OR
271-DEMONSTRATION STUDIE S THAT ARE NOT EVIDE NCE–BASED IF THE OPIOID
272-RESTITUTION FUND ADVISORY COUNCIL, ESTABLISHED UNDER § 7.5–902 OF THE
273-HEALTH – GENERAL ARTICLE:
248+ (1) all revenues received by the State from any source resulting, directly or 7
249+indirectly, from any judgment against, or settlement with, opioid manufacturers, opioid 8
250+research associations, or any other person in the opioid industry relating to any claims 9
251+made or prosecuted by the State to recover damages for violations of State law; and 10
274252
275- (I) DETERMINES THAT EMER GING EVIDENCE SUPPOR TS THE
276-DISTRIBUTION OF MONE Y FOR THE PILOT PROG RAM OR THAT THERE IS A LAWRENCE J. HOGAN, JR., Governor Ch. 270
253+ (2) the interest earnings of the Fund. 11
277254
278-– 7 –
279-REASONABLE BASIS FOR FUNDING THE DEMONSTR ATION STUDY WITH THE
280-EXPECTATION OF CREAT ING AN EVIDENCE –BASED PROGRAM ; AND
255+ (f) The Fund may be used only to provide funds for: 12
281256
282- (II) APPROVES THE USE OF MONEY FOR THE PILOT PROGRAM
283-OR DEMONSTRATION STU DY; AND
257+ (1) PROGRAMS, SERVICES, SUPPORTS, AND RESOURCES FOR 13
258+EVIDENCE–BASED SUBSTANCE USE DISORDER PREVENTION , TREATMENT , 14
259+RECOVERY, OR HARM REDUCTION TH AT HAVE THE PURPOSE OF: 15
284260
285- (3) EVALUATIONS OF THE E FFECTIVENESS AND OUT COMES
286-REPORTING FOR SUBSTA NCE USE DISORDER ABA TEMENT INFRASTRUCTUR E,
287-PROGRAMS, SERVICES, SUPPORTS, AND RESOURCES FOR WH ICH MONEY FROM THE
288-FUND WAS USED , INCLUDING EVALUATION S OF THE IMPACT ON A CCESS TO HARM
289-REDUCTION SERVICES O R TREATMENT FOR SUBS TANCE USE DISORDERS AND THE
290-REDUCTION IN DRUG –RELATED MORTALITY .
261+ (I) improving access to medications proven to prevent or reverse an 16
262+overdose; 17
291263
292- (j) The Governor shall:
264+ [(2)] (II) supporting peer support specialists and screening, brief 18
265+intervention, and referral to treatment services for hospitals, correctional facilities, and 19
266+other high–risk populations; 20
293267
294- (1) develop key goals, key objectives, and key performance indicators
295-relating to substance use treatment and prevention efforts;
268+ [(3)] (III) increasing access to medications that support recovery from 21
269+substance use disorders; 22
296270
297- (2) at least [once] TWICE annually, consult with [substance use treatment
298-and prevention stakeholders, including consumers, providers, families, and advocates,]
299-THE OPIOID RESTITUTION FUND ADVISORY COUNCIL to identify recommended
300-appropriations from the Fund; and
271+ [(4)] (IV) expanding the Heroin Coordinator Program, including for 23
272+administrative expenses; 24
301273
302- (3) report on or before November 1 each year, in accordance with § 2–1257
303-of the State Government Article, to the General Assembly on:
274+ [(5)] (V) expanding access to crisis beds and residential treatment 25
275+services FOR ADULTS AND MINOR S; 26
304276
305- (i) an accounting of total funds expended from the Fund in the
306-immediately preceding fiscal year, by:
277+ [(6)] (VI) expanding and establishing safe stations, mobile crisis response 27
278+systems, and crisis stabilization centers; 28
307279
308- 1. use;
280+ [(7)] (VII) supporting the [Health Crisis Hotline] BEHAVIORAL HEALTH 29
281+CRISIS HOTLINE; 30
282+ HOUSE BILL 794 7
309283
310- 2. if applicable, jurisdiction; and
311284
312- 3. budget program and subdivision;
285+ [(8)] (VIII) organizing primary and secondary school education campaigns 1
286+to prevent opioid use, including for administrative expenses; 2
313287
314- (ii) the performance indicators and progress toward achieving the
315-goals and objectives developed under item (1) of this subsection; and
288+ [(9)] (IX) enforcing the laws regarding opioid prescriptions and sales, 3
289+including for administrative expenses; 4
316290
317- (iii) the recommended appropriations from the Fund identified in
318-accordance with item (2) of this subsection.
291+ [(10)] (X) research regarding and training for substance use treatment and 5
292+overdose prevention, including for administrative expenses; and 6
319293
320- SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial
321-appointed members of the Opioid Restitution Fund Advisory Council shall expire as follows:
322- Ch. 270 2022 LAWS OF MARYLAND
294+ [(11)] (XI) supporting and expanding other evidence–based interventions 7
295+for overdose prevention and substance use treatment; 8
323296
324-– 8 –
325- (1) one member appointed by the Governor and one member appointed by
326-the Secretary of Health in 2023;
297+ (2) EVIDENCE–INFORMED SUBSTANCE U SE DISORDER PREVENTI ON, 9
298+TREATMENT RECOVERY , OR HARM REDUCTION PI LOT PROGRAMS OR 10
299+DEMONSTRATION STUDIE S THAT ARE NOT EVIDE NCE–BASED IF THE OPIOID 11
300+RESTITUTION FUND ADVISORY COUNCIL, ESTABLISHED UNDER § 7.5–902 OF THE 12
301+HEALTH – GENERAL ARTICLE: 13
327302
328- (2) one member appointed by the Governor and one member appointed by
329-the Secretary of Health in 2024; and
303+ (I) DETERMINES THAT EMER GING EVIDENCE SUPPOR TS THE 14
304+DISTRIBUTION OF MONE Y FOR THE PILOT PROG RAM OR THAT THERE IS A 15
305+REASONABLE BASIS FOR FUNDING THE DEMONSTR ATION STUDY WITH THE 16
306+EXPECTATION OF CREAT ING AN EVIDENCE–BASED PROGRAM ; AND 17
330307
331- (3) one member appointed by the Governor and one member appointed by
332-the Secretary of Health in 2025.
308+ (II) APPROVES THE USE OF MONEY FOR THE PILOT PROGRAM 18
309+OR DEMONSTRATION STU DY; AND 19
333310
334- SECTION 3. AND BE IT FURTHER ENACTED, That th is Act shall take effect
335-October 1, 2022.
311+ (3) EVALUATIONS OF THE E FFECTIVENESS AND OUT COMES 20
312+REPORTING FOR SUBSTA NCE USE DISORDER ABA TEMENT INFRASTRUCTUR E, 21
313+PROGRAMS, SERVICES, SUPPORTS, AND RESOURCES FOR WH ICH MONEY FROM THE 22
314+FUND WAS USED , INCLUDING EVALUATION S OF THE IMPACT ON A CCESS TO HARM 23
315+REDUCTION SERVICES O R TREATMENT FOR SUBS TANCE USE DISORDERS AND THE 24
316+REDUCTION IN DRUG –RELATED MORTALITY . 25
336317
337-Approved by the Governor, May 12, 2022.
318+ (j) The Governor shall: 26
319+
320+ (1) develop key goals, key objectives, and key performance indicators 27
321+relating to substance use treatment and prevention efforts; 28
322+
323+ (2) at least [once] TWICE annually, consult with [substance use treatment 29
324+and prevention stakeholders, including consumers, providers, families, and advocates,] 30
325+THE OPIOID RESTITUTION FUND ADVISORY COUNCIL to identify recommended 31
326+appropriations from the Fund; and 32
327+
328+ (3) report on or before November 1 each year, in accordance with § 2–1257 33
329+of the State Government Article, to the General Assembly on: 34 8 HOUSE BILL 794
330+
331+
332+
333+ (i) an accounting of total funds expended from the Fund in the 1
334+immediately preceding fiscal year, by: 2
335+
336+ 1. use; 3
337+
338+ 2. if applicable, jurisdiction; and 4
339+
340+ 3. budget program and subdivision; 5
341+
342+ (ii) the performance indicators and progress toward achieving the 6
343+goals and objectives developed under item (1) of this subsection; and 7
344+
345+ (iii) the recommended appropriations from the Fund identified in 8
346+accordance with item (2) of this subsection. 9
347+
348+ SECTION 2. AND BE IT FURTHER ENACTED, That the terms of the initial 10
349+appointed members of the Opioid Restitution Fund Advisory Council shall expire as follows: 11
350+
351+ (1) one member appointed by the Governor and one member appointed by 12
352+the Secretary of Health in 2023; 13
353+
354+ (2) one member appointed by the Governor and one member appointed by 14
355+the Secretary of Health in 2024; and 15
356+
357+ (3) one member appointed by the Governor and one member appointed by 16
358+the Secretary of Health in 2025. 17
359+
360+ SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
361+October 1, 2022. 19
362+
363+
364+
365+
366+Approved:
367+________________________________________________________________________________
368+ Governor.
369+________________________________________________________________________________
370+ Speaker of the House of Delegates.
371+________________________________________________________________________________
372+ President of the Senate.