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.
*hb0980*
HOUSE BILL 980
J1 4lr2874
CF SB 751
By: Delegate Rosenberg Delegates Rosenberg, Pena –Melnyk, Cullison, Alston,
Bagnall, Bhandari, Chisholm, Guzzone, Hill, Hutchinson, S. Johnson,
Kaiser, Kerr, Kipke, R. Lewis, Martinez, M. Morgan, Reilly, Szeliga,
Taveras, White Holland, and Woods
Introduced and read first time: February 5, 2024
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 5, 2024
CHAPTER ______
AN ACT concerning 1
Public Health – Opioid Restitution Advisory Council and Fund – Revisions 2
FOR the purpose of requiring the Secretary of Health to present decisions for the allocations 3
of money from the Opioid Restitution Fund to the Opioid Restitution Fund Advisory 4
Council; requiring the Maryland Department of Health to post on the Department’s 5
website certain information regarding allocations of money from the Fund; requiring 6
at least a certain amount of the Fund to be used for a certain purpose each year; 7
establishing reporting requirements on political subdivisions and the Secretary of 8
Health regarding expenditures of money received from the Fund by political 9
subdivisions; and generally relating to the Opioid Restitution Fund. 10
BY repealing and reenacting, without amendments, 11
Article – Health – General 12
Section 7.5–901(a) and (b) 13
Annotated Code of Maryland 14
(2023 Replacement Volume) 15
BY repealing and reenacting, with amendments, 16
Article – Health – General 17
Section 7.5–903(a)(6), 7.5–904(b), and 7.5–905 18
Annotated Code of Maryland 19
(2023 Replacement Volume) 20 2 HOUSE BILL 980
BY repealing and reenacting, without amendments, 1
Article – State Finance and Procurement 2
Section 7–331(a) 3
Annotated Code of Maryland 4
(2021 Replacement Volume and 2023 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – State Finance and Procurement 7
Section 7–331(f) 8
Annotated Code of Maryland 9
(2021 Replacement Volume and 2023 Supplement) 10
BY adding to 11
Article – State Finance and Procurement 12
Section 7–331(k) and (l) 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2023 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Health – General 18
7.5–901. 19
(a) In this subtitle the following words have the meanings indicated. 20
(b) “Council” means the Opioid Restitution Fund Advisory Council. 21
7.5–903. 22
(a) The Council consists of the following members: 23
(6) The [Executive Director of the Opioid Operational Command Center, or 24
the Executive Director’s designee] SPECIAL SECRETARY OF OVERDOSE RESPONSE, OR 25
THE SPECIAL SECRETARY’S DESIGNEE; 26
7.5–904. 27
(b) [The Opioid Operational Command Center ] MARYLAND’S OFFICE OF 28
OVERDOSE RESPONSE shall provide appropriate staff necessary to support the functions 29
of the Council. 30
7.5–905. 31
HOUSE BILL 980 3
(A) On or before November 1 each year, the Council shall provide specific findings 1
and recommendations in writing to the Governor and the Secretary regarding the 2
allocations of money from the Fund for expenditures consistent with uses of the Fund and 3
considering the following criteria: 4
(1) The number of people per capita with a substance use disorder in a 5
jurisdiction; 6
(2) Disparities in access to care in a jurisdiction that may preclude persons; 7
(3) The number of overdose deaths per capita in a jurisdiction; 8
(4) The programs, services, supports, or other resources currently available 9
to individuals with substance use disorders in a jurisdiction; and 10
(5) Disparities in access to care and health outcomes in a jurisdiction. 11
(B) (1) WITHIN 2 6 MONTHS AFTER RECEIVI NG THE FINDINGS AND 12
RECOMMENDATIONS SUBM ITTED UNDER SUBSECTI ON (A) OF THIS SECTION , THE 13
SECRETARY SHALL PRESE NT TO THE COUNCIL THE DECISIONS FOR THE 14
ALLOCATIONS OF MONEY FROM THE FUND. 15
(2) WITHIN 1 WEEK AFTER THE SECRETARY PRESENTS THE 16
DECISIONS FOR THE AL LOCATIONS OF MONEY U NDER PARAGRAPH (1) OF THIS 17
SUBSECTION, THE THE DEPARTMENT SHALL POST ON THE DEPARTMENT ’S WEBSITE 18
THE FINDINGS AND REC OMMENDATIONS OF THE COUNCIL AND THE DECIS IONS FOR 19
THE ALLOCATIONS OF M ONEY FROM THE FUND. 20
Article – State Finance and Procurement 21
7–331. 22
(a) In this section, “Fund” means the Opioid Restitution Fund. 23
(f) (1) [The] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 24
Fund may be used only to provide funds for: 25
[(1)] (I) programs, services, supports, and resources for evidence–based 26
substance use disorder prevention, treatment, recovery, or harm reduction that have the 27
purpose of: 28
[(i)] 1. improving access to medications proven to prevent or 29
reverse an overdose; 30
4 HOUSE BILL 980
[(ii)] 2. supporting peer support specialists and screening, brief 1
intervention, and referral to treatment services for hospitals, correctional facilities, and 2
other high–risk populations; 3
[(iii)] 3. increasing access to medications that support recovery 4
from substance use disorders; 5
[(iv)] 4. expanding the Heroin Coordinator Program, including for 6
administrative expenses; 7
[(v)] 5. expanding access to crisis beds and residential treatment 8
services for adults and minors; 9
[(vi)] 6. expanding and establishing safe stations, mobile crisis 10
response systems, and crisis stabilization centers; 11
[(vii)] 7. supporting the behavioral health crisis hotline; 12
[(viii)] 8. organizing primary and secondary school education 13
campaigns to prevent opioid use, including for administrative expenses; 14
[(ix)] 9. enforcing the laws regarding opioid prescriptions and 15
sales, including for administrative expenses; 16
[(x)] 10. research regarding and training for substance use 17
treatment and overdose prevention, including for administrative expenses; and 18
[(xi)] 11. supporting and expanding other evidence –based 19
interventions for overdose prevention and substance use treatment; 20
(II) (2) SUPPORTING COMMUNITY –BASED NONPROFIT 21
RECOVERY ORGANIZATIO NS THAT PROVIDE NONCLINICAL SUBSTANC E USE 22
RECOVERY SUPPORT SER VICES IN THE STATE; 23
[(2)] (III) (3) evidence–informed substance use disorder prevention, 24
treatment recovery, or harm reduction pilot programs or demonstration studies that are 25
not evidence–based if the Opioid Restitution Fund Advisory Council, established under § 26
7.5–902 of the Health – General Article: 27
[(i)] 1. determines that emerging evidence supports the 28
distribution of money for the pilot program or that there is a reasonable basis for funding 29
the demonstration study with the expectation of creating an evidence–based program; and 30
[(ii)] 2. approves the use of money for the pilot program or 31
demonstration study; and 32
HOUSE BILL 980 5
[(3)] (IV) (4) evaluations of the effectiveness and outcomes reporting for 1
substance use disorder abatement infrastructure, programs, services, supports, and 2
resources for which money from the Fund was used, including evaluations of the impact on 3
access to harm reduction services or treatment for substance use disorders and the 4
reduction in drug–related mortality. 5
(2) IN EACH FISCAL YEAR , AT LEAST 25% OF THE MONEY IN THE FUND 6
SHALL BE USED TO SUP PORT COMMUNITY –BASED RECOVERY ORGAN IZATIONS IN 7
THE STATE. 8
(K) ON OR BEFORE NOVEMBER 1 EACH YEAR , EACH POLITICAL 9
SUBDIVISION THAT REC EIVES MONEY EXPENDED FROM THE FUND SHALL: 10
(1) REPORT TO THE SECRETARY: 11
(I) THE AMOUNT OF MONEY RECE IVED FROM THE FUND THAT 12
WAS EXPENDED BY THE POLITICAL SUBDIVISIO N DURING THE IMMEDIA TELY 13
PRECEDING FISCAL YEA R; AND 14
(II) A DESCRIPTION OF HOW THE MONEY WAS EXPEND ED; AND 15
(2) POST THE REPORT SUBM ITTED TO THE SECRETARY UNDER ITEM 16
(1) OF THIS SUBSECTION O N THE POLITICAL SUBD IVISION’S WEBSITE. 17
(L) ON OR BEFORE DECEMBER 1 EACH YEAR, THE DEPARTMENT SHALL 18
SUBMIT THE EXPENDITU RE REPORTS SUBMITTED UNDER SUBSECTION (K) OF THIS 19
SECTION TO THE GENERAL ASSEMBLY IN ACCORDANC E WITH § 2–1257 OF THE 20
STATE GOVERNMENT ARTICLE. 21
SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 1, 22
2024, the Maryland Department of Health shall examine and report to the Senate Finance 23
Committee and the House Health and Government Operations Committee, in accordance 24
with § 2–1257 of the State Government Article, on the best process for making all of the 25
expenditures of all opioid settlement agreements entered into by the State, counties, and 26
municipal governments accessible to the public. 27
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2024. 29