MD
Maryland Senate Bill SB1071

Maryland 2024 Regular Session

Maryland Senate Bill SB1071 Compare Versions

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1- WES MOORE, Governor Ch. 886
21
3-– 1 –
4-Chapter 886
5-(Senate Bill 1071)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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+ *sb1071*
810
9-Hospitals – Opioid Overdose – Medication–Assisted Treatment and
10-Opioid–Related Emergency Medical Conditions – Treatment
11+SENATE BILL 1071
12+J1, J3 (4lr1663)
13+ENROLLED BILL
14+— Finance/Health and Government Operations —
15+Introduced by Senator McKay
1116
12-FOR the purpose of requiring hospitals to establish and maintain certain protocols and
13-capacity related to the treatment of patients who are being treated for an
14-opioid–related overdose or opioid–related emergency medical condition; requiring
15-hospitals to connect make a referral for patients who are diagnosed with opioid use
16-disorder or administered or prescribed medication–assisted treatment medication
17-for opioid use disorder to an appropriate provider to voluntarily continue treatment
18-in the community under certain circumstances and work with peer support
19-professionals for a certain purpose; requiring the Governor to include in the annual
20-budget bill for a certain fiscal year a certain appropriation from the Opioid
21-Restitution Fund for hospitals to provide training and resources to implement the
22-requirements of this Act; and generally relating to hospitals and treatment for opioid
23-use disorder and opioid–related emergency medical conditions.
17+Read and Examined by Proofreaders:
2418
25-BY adding to
26- Article – Health – General
27-Section 19–308.10
28- Annotated Code of Maryland
29- (2023 Replacement Volume)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3023
31-BY repealing and reenacting, with amendments,
32- Article – State Finance and Procurement
33-Section 7–331
34- Annotated Code of Maryland
35- (2021 Replacement Volume and 2023 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3625
37- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
38-That the Laws of Maryland read as follows:
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
3927
40-Article – Health – General
28+______________________________________________
29+President.
4130
42-19–308.10.
31+CHAPTER ______
4332
44- (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
45-INDICATED.
33+AN ACT concerning 1
4634
47- (2) “MEDICATION” MEANS, “MEDICATION FOR OPIOI D USE
48-DISORDER”: Ch. 886 2024 LAWS OF MARYLAND
35+Hospitals – Opioid Overdose – Medication–Assisted Treatment and 2
36+Opioid–Related Emergency Medical Conditions – Treatment 3
4937
50-– 2 –
38+FOR the purpose of requiring hospitals to establish and maintain certain protocols and 4
39+capacity related to the treatment of patients who are being treated for an 5
40+opioid–related overdose or opioid–related emergency medical condition; requiring 6
41+hospitals to connect make a referral for patients who are diagnosed with opioid use 7
42+disorder or administered or prescribed medication–assisted treatment medication 8
43+for opioid use disorder to an appropriate provider to voluntarily continue treatment 9
44+in the community under certain circumstances and work with peer support 10
45+professionals for a certain purpose; requiring the Governor to include in the annual 11
46+budget bill for a certain fiscal year a certain appropriation from the Opioid 12
47+Restitution Fund for hospitals to provide training and resources to implement the 13
48+requirements of this Act; and generally relating to hospitals and treatment for opioid 14
49+use disorder and opioid–related emergency medical conditions. 15 2 SENATE BILL 1071
5150
52- (1) MEANS A DRUG APPROVED BY T HE U.S. FOOD AND DRUG
53-ADMINISTRATION FOR TH E TREATMENT OF OPIOI D USE DISORDER ; AND
5451
55- (2) DOES NOT INCLUDE A DR UG ADMINISTERED TO M ITIGATE
56-OPIOID–RELATED OVERDOSE SYM PTOMS.
5752
58- (3) “MEDICATION–ASSISTED TREATMENT ” MEANS THE USE OF
59-MEDICATION, IN COMBINATION WITH COUNSELING AND BEHAV IORAL HEALTH
60-THERAPIES, TO PROVIDE A HOLISTI C APPROACH TO THE TR EATMENT OF OPIOID US E
61-DISORDER.
53+BY adding to 1
54+ Article – Health – General 2
55+Section 19–308.10 3
56+ Annotated Code of Maryland 4
57+ (2023 Replacement Volume) 5
6258
63- (4) “OPIOID USE DISORDER ” MEANS A MEDICALLY DI AGNOSED
64-PROBLEMATIC PATTERN OF OPIOID USE THAT CAUS ES A SIGNIFICANT IMP AIRMENT
65-OR DISTRESS.
59+BY repealing and reenacting, with amendments, 6
60+ Article – State Finance and Procurement 7
61+Section 7–331 8
62+ Annotated Code of Maryland 9
63+ (2021 Replacement Volume and 2023 Supplement) 10
6664
67- (B) EACH HOSPITAL SHALL E STABLISH AND MAINTAI N, AS PART OF ITS
68-EMERGENCY SERVICES , PROTOCOLS AND CAPACI TY TO:
65+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
66+That the Laws of Maryland read as follows: 12
6967
70- (1) PROVIDE TO A PATIENT BEFORE DISCHARGING T HE PATIENT
71-APPROPRIATE , EVIDENCE–BASED INTERVENTIONS THAT REDUCE THE RISK OF
72-SUBSEQUENT HARM AND FATALITY FOLLOWING A N OPIOID–RELATED OVERDOSE OR
73-A VISIT FOR AN OPIOI D–RELATED EMERGENCY ME DICAL CONDITION ;
68+Article – Health – General 13
7469
75- (2) POSSESS, DISPENSE, ADMINISTER, AND PRESCRIBE
76-MEDICATION–ASSISTED TREATMENT , INCLUDING AT LEAST ONE FORMULA TION OF
77-EACH U.S. FOOD AND DRUG ADMINISTRATION –APPROVED FULL OPIOID AGONIST,
78-AND PARTIAL OPIOID AGONI ST, AND LONG–ACTING OPIOID ANTAGO NIST USED FOR
79-THE TREATMENT OF OPIOID USE DISORDER ; AND
70+19–308.10. 14
8071
81- (3) TREAT A PATIENT WHO P RESENTS IN A HOSPITA L EMERGENCY
82-DEPARTMENT FOR CARE AND TREATMENT OF AN OPIOID–RELATED OVERDOSE OR
83-OPIOID–RELATED EMERGENCY ME DICAL CONDITION WITH A MEDICATION FOR
84-OPIOID USE DISORDER IF THE TREATMENT :
72+ (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 15
73+INDICATED. 16
8574
86- (I) OCCURS AS RECOMMENDED BY THE TREATING HEAL TH
87-CARE PRACTITIONER ; AND
75+ (2) “MEDICATION” MEANS, “MEDICATION FOR OPIOI D USE 17
76+DISORDER”: 18
8877
89- (II) IS VOLUNTARILY AGREED TO BY THE PATIENT .
78+ (1) MEANS A DRUG APPROVED BY T HE U.S. FOOD AND DRUG 19
79+ADMINISTRATION FOR TH E TREATMENT OF OPIOI D USE DISORDER ; AND 20
9080
91- (C) A PROTOCOL ESTABLISHED BY A HOSPITAL UNDER THIS SECTION SHALL
92-COMPLY WITH INCLUDE:
93- WES MOORE, Governor Ch. 886
81+ (2) DOES NOT INCLUDE A DR UG ADMINISTERED TO M ITIGATE 21
82+OPIOID–RELATED OVERDOSE SYM PTOMS. 22
9483
95-– 3 –
96- (1) APPLICABLE TRAINING AND WAIVER REQUIREME NTS
97-ESTABLISHED BY THE F EDERAL DRUG ENFORCEMENT AGENCY; AND
84+ (3) “MEDICATION–ASSISTED TREATMENT ” MEANS THE USE OF 23
85+MEDICATION, IN COMBINATION WITH COUNSELING AND BEHAV IORAL HEALTH 24
86+THERAPIES, TO PROVIDE A HOLISTI C APPROACH TO THE TR EATMENT OF OPIOID US E 25
87+DISORDER. 26
9888
99- (2) ANY REQUIREMENT BY TH E DEPARTMENT REGARDING
100-PRESCRIBING OPIOID A GONIST TREATMENT ;
89+ (4) “OPIOID USE DISORDER ” MEANS A MEDICALLY DI AGNOSED 27
90+PROBLEMATIC PATTERN OF OPIOID USE THAT C AUSES A SIGNIFICANT IMPAIRMENT 28
91+OR DISTRESS. 29
10192
102- (2) UNIFORM PRACTICES FOR SCREENING AND DIAGNO SING
103-INDIVIDUALS WHO PRES ENT WITH AN O PIOID–RELATED OVERDOSE OR
104-OPIOID–RELATED EMERGENCY ME DICAL CONDITION FOR AN OPIOID USE DISORD ER
105-BASED ON THE CRITERI A IN THE MOST RECENT EDITION OF THE DIAGNOSTIC AND
106-STATISTICAL MANUAL OF MENTAL DISORDERS;
93+ (B) EACH HOSPITAL SHALL E STABLISH AND MAINTAI N, AS PART OF ITS 30
94+EMERGENCY SERVICES , PROTOCOLS AND CAPACI TY TO: 31
95+ SENATE BILL 1071 3
10796
108- (3) UNIFORM PRACTICES FOR OFFERING AND ADMINI STERING
109-OPIOID AGONIST MEDIC ATION TO TREAT AN OP IOID–RELATED OVERDOSE OR
110-OPIOID USE DISORDER ; AND
11197
112- (4) UNIFORM PRACTICES TO IDENTIFY COMMUNITY –BASED
113-TREATMENT SERVICES T HAT ARE APPROPRIATE FOR:
98+ (1) PROVIDE TO A PATIENT BEFORE DISCHARGING T HE PATIENT 1
99+APPROPRIATE , EVIDENCE–BASED INTERVENTIONS THAT REDUCE THE RISK OF 2
100+SUBSEQUENT HARM AND FATALITY FOLLOWING A N OPIOID–RELATED OVERDOSE OR 3
101+A VISIT FOR AN OPIOI D–RELATED EMERGENCY ME DICAL CONDITION ; 4
114102
115- (I) TREATING OPIOID USE D ISORDERS; AND
103+ (2) POSSESS, DISPENSE, ADMINISTER, AND PRESCRIBE 5
104+MEDICATION–ASSISTED TREATMENT , INCLUDING AT LEAST ONE FORMULA TION OF 6
105+EACH U.S. FOOD AND DRUG ADMINISTRATION –APPROVED FULL OPIOID AGONIST, 7
106+AND PARTIAL OPIOID AGONI ST, AND LONG–ACTING OPIOID ANTAGO NIST USED FOR 8
107+THE TREATMENT OF OPIOID USE DISORDER ; AND 9
116108
117- (II) ASSISTING PATIENTS TO VOLUNTARILY ACCESS O NGOING
118-COMMUNITY –BASED TREATMENT AT D ISCHARGE.
109+ (3) TREAT A PATIENT WHO P RESENTS IN A HOSPITA L EMERGENCY 10
110+DEPARTMENT FOR CARE AND TREATMENT OF AN OPIOID–RELATED OVERDOSE OR 11
111+OPIOID–RELATED EMERGENCY ME DICAL CONDITION WITH A MEDICATION FOR 12
112+OPIOID USE DISORDER IF THE TREATMENT : 13
119113
120- (D) BEFORE DISCHARGING A PATIENT WHO IS DIAGNOSED WITH AN OP IOID
121-USE DISORDER OR ADMINISTERED OR PRES CRIBED MEDICATION–ASSISTED
122-TREATMENT MEDICATION FOR OPIOI D USE DISORDER, A HOSPITAL SHALL CONNECT
123-THE PATIENT WITH AN APPROPRIATE PROVIDER OR FACILITY TO VOLUN TARILY
124-CONTINUE TREATMENT :
114+ (I) OCCURS AS RECOMMENDED BY THE TREATING HEAL TH 14
115+CARE PRACTITIONER ; AND 15
125116
126- (1) MAKE A REFERRAL OF TH E PATIENT TO AN APPR OPRIATE
127-PROVIDER OR FACILITY FOR A TIMELY APPOINT MENT, WHEN POSSIBLE , TO
128-VOLUNTARILY CONTINUE TREATMENT I N THE COMMUNITY ; AND
117+ (II) IS VOLUNTARILY AGREED TO BY THE PATIENT . 16
129118
130- (2) WORK WITH PEER SUPPOR T PROFESSIONALS , AS AVAILABLE, OR
131-OTHER RESOURCES TO A SSIST THE PATIENT IN ACCESSING THE IDENTI FIED
132-TREATMENT SERVICES .
119+ (C) A PROTOCOL ESTABLISHED BY A HOSPITAL UNDER THIS SECTION SHALL 17
120+COMPLY WITH INCLUDE: 18
133121
134-Article – State Finance and Procurement
122+ (1) APPLICABLE TRAINING AND WAIVER REQUIREME NTS 19
123+ESTABLISHED BY THE F EDERAL DRUG ENFORCEMENT AGENCY; AND 20
135124
136-7–331.
125+ (2) ANY REQUIREMENT BY TH E DEPARTMENT REGARDING 21
126+PRESCRIBING OPIOID A GONIST TREATMENT ; 22
137127
138- (a) In this section, “Fund” means the Opioid Restitution Fund.
139- Ch. 886 2024 LAWS OF MARYLAND
128+ (2) UNIFORM PRACTICES FOR SCREENING AND DIAGNO SING 23
129+INDIVIDUALS WHO PRES ENT WITH AN O PIOID–RELATED OVERDOSE OR 24
130+OPIOID–RELATED EMERGENCY ME DICAL CONDITION FOR AN OPIOID USE DISORD ER 25
131+BASED ON THE CRITERI A IN THE MOST RECENT EDITION OF THE DIAGNOSTIC AND 26
132+STATISTICAL MANUAL OF MENTAL DISORDERS; 27
140133
141-– 4 –
142- (b) There is an Opioid Restitution Fund.
134+ (3) UNIFORM PRACTICES FOR OFFERING AND ADMINI STERING 28
135+OPIOID AGONIST MEDIC ATION TO TREAT AN OP IOID–RELATED OVERDOSE OR 29
136+OPIOID USE DISORDER ; AND 30
143137
144- (c) The purpose of the Fund is to retain the amount of settlement revenues
145-deposited to the Fund in accordance with subsection (e)(1) of this section.
138+ (4) UNIFORM PRACTICES TO IDENTIFY COMMUNITY –BASED 31
139+TREATMENT SERVICES T HAT ARE APPROPRIATE FOR: 32
146140
147- (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
148-this subtitle.
141+ (I) TREATING OPIOID USE D ISORDERS; AND 33 4 SENATE BILL 1071
149142
150- (2) The State Treasurer shall hold the Fund separately, and the
151-Comptroller shall account for the Fund.
152143
153- (e) The Fund consists of:
154144
155- (1) all revenues received by the State from any source resulting, directly or
156-indirectly, from any judgment against, or settlement with, opioid manufacturers, opioid
157-research associations, or any other person in the opioid industry relating to any claims
158-made or prosecuted by the State to recover damages for violations of State law; and
145+ (II) ASSISTING PATIENTS TO VOLUNTARILY ACCESS O NGOING 1
146+COMMUNITY –BASED TREATMENT AT D ISCHARGE. 2
159147
160- (2) the interest earnings of the Fund.
148+ (D) BEFORE DISCHARGING A PATIENT WHO IS DIAGNOSED WITH AN OP IOID 3
149+USE DISORDER OR ADMINISTERED OR PRES CRIBED MEDICATION–ASSISTED 4
150+TREATMENT MEDICATION FOR OPIOI D USE DISORDER, A HOSPITAL SHALL CONNECT 5
151+THE PATIENT WITH AN APPROPRIATE PROVIDER OR FACILITY TO VOLUN TARILY 6
152+CONTINUE TREATMENT : 7
161153
162- (f) The Fund may be used only to provide funds for:
154+ (1) MAKE A REFERRAL OF TH E PATIENT TO AN APPR OPRIATE 8
155+PROVIDER OR FACILITY FOR A TIMELY APPOINT MENT, WHEN POSSIBLE , TO 9
156+VOLUNTARILY CONTINUE TREATMENT I N THE COMMUNITY ; AND 10
163157
164- (1) programs, services, supports, and resources for evidence–based
165-substance use disorder prevention, treatment, recovery, or harm reduction that have the
166-purpose of:
158+ (2) WORK WITH PEER SUPPOR T PROFESSIONALS , AS AVAILABLE, OR 11
159+OTHER RESOURCES TO A SSIST THE PATIENT IN ACCESSING THE IDENTI FIED 12
160+TREATMENT SERVICES . 13
167161
168- (i) improving access to medications proven to prevent or reverse an
169-overdose;
162+Article – State Finance and Procurement 14
170163
171- (ii) supporting peer support specialists and screening, brief
172-intervention, and referral to treatment services for hospitals, correctional facilities, and
173-other high–risk populations;
164+7–331. 15
174165
175- (iii) increasing access to medications that support recovery from
176-substance use disorders;
166+ (a) In this section, “Fund” means the Opioid Restitution Fund. 16
177167
178- (iv) expanding the Heroin Coordinator Program, including for
179-administrative expenses;
168+ (b) There is an Opioid Restitution Fund. 17
180169
181- (v) expanding access to crisis beds and residential treatment
182-services for adults and minors;
170+ (c) The purpose of the Fund is to retain the amount of settlement revenues 18
171+deposited to the Fund in accordance with subsection (e)(1) of this section. 19
183172
184- (vi) expanding and establishing safe stations, mobile crisis response
185-systems, and crisis stabilization centers;
173+ (d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 20
174+this subtitle. 21
186175
187- (vii) supporting the behavioral health crisis hotline; WES MOORE, Governor Ch. 886
176+ (2) The State Treasurer shall hold the Fund separately, and the 22
177+Comptroller shall account for the Fund. 23
188178
189-– 5 –
179+ (e) The Fund consists of: 24
190180
191- (viii) organizing primary and secondary school education campaigns
192-to prevent opioid use, including for administrative expenses;
181+ (1) all revenues received by the State from any source resulting, directly or 25
182+indirectly, from any judgment against, or settlement with, opioid manufacturers, opioid 26
183+research associations, or any other person in the opioid industry relating to any claims 27
184+made or prosecuted by the State to recover damages for violations of State law; and 28
193185
194- (ix) enforcing the laws regarding opioid prescriptions and sales,
195-including for administrative expenses;
186+ (2) the interest earnings of the Fund. 29
196187
197- (x) research regarding and training for substance use treatment and
198-overdose prevention, including for administrative expenses; and
188+ (f) The Fund may be used only to provide funds for: 30
189+ SENATE BILL 1071 5
199190
200- (xi) supporting and expanding other evidence–based interventions
201-for overdose prevention and substance use treatment;
202191
203- (2) evidence–informed substance use disorder prevention, treatment
204-recovery, or harm reduction pilot programs or demonstration studies that are not
205-evidence–based if the Opioid Restitution Fund Advisory Council, established under §
206-7.5–902 of the Health – General Article:
192+ (1) programs, services, supports, and resources for evidence–based 1
193+substance use disorder prevention, treatment, recovery, or harm reduction that have the 2
194+purpose of: 3
207195
208- (i) determines that emerging evidence supports the distribution of
209-money for the pilot program or that there is a reasonable basis for funding the
210-demonstration study with the expectation of creating an evidence–based program; and
196+ (i) improving access to medications proven to prevent or reverse an 4
197+overdose; 5
211198
212- (ii) approves the use of money for the pilot program or demonstration
213-study; and
199+ (ii) supporting peer support specialists and screening, brief 6
200+intervention, and referral to treatment services for hospitals, correctional facilities, and 7
201+other high–risk populations; 8
214202
215- (3) evaluations of the effectiveness and outcomes reporting for substance
216-use disorder abatement infrastructure, programs, services, supports, and resources for
217-which money from the Fund was used, including evaluations of the impact on access to
218-harm reduction services or treatment for substance use disorders and the reduction in
219-drug–related mortality.
203+ (iii) increasing access to medications that support recovery from 9
204+substance use disorders; 10
220205
221- (g) (1) The State Treasurer shall invest the money of the Fund in the same
222-manner as other State money may be invested.
206+ (iv) expanding the Heroin Coordinator Program, including for 11
207+administrative expenses; 12
223208
224- (2) Any interest earnings of the Fund shall be credited to the Fund.
209+ (v) expanding access to crisis beds and residential treatment 13
210+services for adults and minors; 14
225211
226- (h) (1) Expenditures from the Fund may be made only in accordance with the
227-State budget.
212+ (vi) expanding and establishing safe stations, mobile crisis response 15
213+systems, and crisis stabilization centers; 16
228214
229- (2) FOR FISCAL YEAR 2026, THE GOVERNOR SHALL INCLUD E IN THE
230-ANNUAL BUDGET BILL A N APPROPRIATION OF $500,000 FROM THE FUND TO
231-PROVIDE TRAINING AND RESOURCES TO HOSPITA LS TO IMPLEMENT THE
232-REQUIREMENTS OF § 19–308.10 OF THE HEALTH – GENERAL ARTICLE.
215+ (vii) supporting the behavioral health crisis hotline; 17
233216
234- [(2)] (3) For settlement funds received in accordance with the final
235-distributor agreement of July 21, 2021, with McKesson Corporation, Amerisource Bergen Ch. 886 2024 LAWS OF MARYLAND
217+ (viii) organizing primary and secondary school education campaigns 18
218+to prevent opioid use, including for administrative expenses; 19
236219
237-– 6 –
238-Corporation, and Cardinal Health Incorporated, as amended, the Janssen settlement
239-agreement of July 21, 2021, as am ended, or any other opioid–related court or
240-administrative judgment or settlement agreement involving the State and one or more of
241-its political subdivisions:
220+ (ix) enforcing the laws regarding opioid prescriptions and sales, 20
221+including for administrative expenses; 21
242222
243- (i) appropriations from the Fund in the State budget shall be made
244-in accordance with the allocation and distribution of funds to the State and its political
245-subdivisions:
223+ (x) research regarding and training for substance use treatment and 22
224+overdose prevention, including for administrative expenses; and 23
246225
247- 1. as agreed on in the State–subdivision agreement of
248-January 21, 2022, as amended; or
226+ (xi) supporting and expanding other evidence–based interventions 24
227+for overdose prevention and substance use treatment; 25
249228
250- 2. required under any other opioid –related court or
251-administrative judgment or settlement agreement, or any similar agreement reached under
252-an opioid–related court or administrative judgment or settlement agreement, involving the
253-State and one or more of its political subdivisions; and
229+ (2) evidence–informed substance use disorder prevention, treatment 26
230+recovery, or harm reduction pilot programs or demonstration studies that are not 27
231+evidence–based if the Opioid Restitution Fund Advisory Council, established under § 28
232+7.5–902 of the Health – General Article: 29
254233
255- (ii) the Secretary of Health shall establish and administer a grant
256-program for the distribution of funds to political subdivisions of the State in accordance
257-with:
234+ (i) determines that emerging evidence supports the distribution of 30
235+money for the pilot program or that there is a reasonable basis for funding the 31
236+demonstration study with the expectation of creating an evidence–based program; and 32
237+ 6 SENATE BILL 1071
258238
259- 1. the State–subdivision agreement of January 21, 2022, as
260-amended; or
261239
262- 2. the requirements of any other opioid–related court or
263-administrative judgment or settlement agreement, or any similar agreement reached under
264-an opioid–related court or administrative judgment or settlement agreement, involving the
265-State and one or more of its political subdivisions.
240+ (ii) approves the use of money for the pilot program or demonstration 1
241+study; and 2
266242
267- [(3)] (4) The Attorney General shall identify and designate the
268-controlling version of any agreement or amendment described under paragraph [(2)] (3) of
269-this subsection.
243+ (3) evaluations of the effectiveness and outcomes reporting for substance 3
244+use disorder abatement infrastructure, programs, services, supports, and resources for 4
245+which money from the Fund was used, including evaluations of the impact on access to 5
246+harm reduction services or treatment for substance use disorders and the reduction in 6
247+drug–related mortality. 7
270248
271- (i) (1) Money expended from the Fund for the programs and services described
272-under subsection (f) of this section is supplemental to and is not intended to take the place
273-of funding that otherwise would be appropriated for the programs and services.
249+ (g) (1) The State Treasurer shall invest the money of the Fund in the same 8
250+manner as other State money may be invested. 9
274251
275- (2) Except as specified in subsection (f) of this section, money expended
276-from the Fund may not be used for administrative expenses.
252+ (2) Any interest earnings of the Fund shall be credited to the Fund. 10
277253
278- (j) The Governor shall:
254+ (h) (1) Expenditures from the Fund may be made only in accordance with the 11
255+State budget. 12
279256
280- (1) develop key goals, key objectives, and key performance indicators
281-relating to substance use treatment and prevention efforts;
282- WES MOORE, Governor Ch. 886
257+ (2) FOR FISCAL YEAR 2026, THE GOVERNOR SHALL INCLUD E IN THE 13
258+ANNUAL BUDGET BILL A N APPROPRIATION OF $500,000 FROM THE FUND TO 14
259+PROVIDE TRAINING AND RESOURCES TO HOSPITA LS TO IMPLEMENT THE 15
260+REQUIREMENTS OF § 19–308.10 OF THE HEALTH – GENERAL ARTICLE. 16
283261
284-– 7 –
285- (2) subject to subsection [(h)(2)] (H)(3) of this section, at least twice
286-annually, consult with the Opioid Restitution Fund Advisory Council to identify
287-recommended appropriations from the Fund; and
262+ [(2)] (3) For settlement funds received in accordance with the final 17
263+distributor agreement of July 21, 2021, with McKesson Corporation, Amerisource Bergen 18
264+Corporation, and Cardinal Health Incorporated, as amended, the Janssen settlement 19
265+agreement of July 21, 2021, as amended, or any other opioid–related court or 20
266+administrative judgment or settlement agreement involving the State and one or more of 21
267+its political subdivisions: 22
288268
289- (3) report on or before November 1 each year, in accordance with § 2–1257
290-of the State Government Article, to the General Assembly on:
269+ (i) appropriations from the Fund in the State budget shall be made 23
270+in accordance with the allocation and distribution of funds to the State and its political 24
271+subdivisions: 25
291272
292- (i) an accounting of total funds expended from the Fund in the
293-immediately preceding fiscal year, by:
273+ 1. as agreed on in the State–subdivision agreement of 26
274+January 21, 2022, as amended; or 27
294275
295- 1. use;
276+ 2. required under any other opioid –related court or 28
277+administrative judgment or settlement agreement, or any similar agreement reached under 29
278+an opioid–related court or administrative judgment or settlement agreement, involving the 30
279+State and one or more of its political subdivisions; and 31
296280
297- 2. if applicable, jurisdiction; and
281+ (ii) the Secretary of Health shall establish and administer a grant 32
282+program for the distribution of funds to political subdivisions of the State in accordance 33
283+with: 34
284+ SENATE BILL 1071 7
298285
299- 3. budget program and subdivision;
300286
301- (ii) the performance indicators and progress toward achieving the
302-goals and objectives developed under item (1) of this subsection; and
287+ 1. the State–subdivision agreement of January 21, 2022, as 1
288+amended; or 2
303289
304- (iii) the recommended appropriations from the Fund identified in
305-accordance with item (2) of this subsection.
290+ 2. the requirements of any other opioid–related court or 3
291+administrative judgment or settlement agreement, or any similar agreement reached under 4
292+an opioid–related court or administrative judgment or settlement agreement, involving the 5
293+State and one or more of its political subdivisions. 6
306294
307- SECTION 2. AND BE IT FURTHER ENACTED, Th at:
295+ [(3)] (4) The Attorney General shall identify and designate the 7
296+controlling version of any agreement or amendment described under paragraph [(2)] (3) of 8
297+this subsection. 9
308298
309- (a) The Maryland Department of Health shall study whether and how funding
310-from the Opioid Restitution Fund can be used to provide training and resources to hospitals
311-to implement Section 1 of this Act, including a recommended funding amount.
299+ (i) (1) Money expended from the Fund for the programs and services described 10
300+under subsection (f) of this section is supplemental to and is not intended to take the place 11
301+of funding that otherwise would be appropriated for the programs and services. 12
312302
313- (b) On or before January 1, 2025, the Department shall report its findings and
314-recommendations to the Senate Finance Committee and House Health and Government
315-Operations Committee, in accordance with § 2–1257 of the State Government Article.
303+ (2) Except as specified in subsection (f) of this section, money expended 13
304+from the Fund may not be used for administrative expenses. 14
316305
317- SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take
318-effect January 1, 2025.
306+ (j) The Governor shall: 15
319307
320- SECTION 2. 4. 2. AND BE IT FURTHER ENACTED, That , except as provided in
321-Section 3 of this Act, this Act shall take effect October 1, 2024 January 1, 2025.
308+ (1) develop key goals, key objectives, and key performance indicators 16
309+relating to substance use treatment and prevention efforts; 17
322310
323-Approved by the Governor, May 16, 2024.
311+ (2) subject to subsection [(h)(2)] (H)(3) of this section, at least twice 18
312+annually, consult with the Opioid Restitution Fund Advisory Council to identify 19
313+recommended appropriations from the Fund; and 20
314+
315+ (3) report on or before November 1 each year, in accordance with § 2–1257 21
316+of the State Government Article, to the General Assembly on: 22
317+
318+ (i) an accounting of total funds expended from the Fund in the 23
319+immediately preceding fiscal year, by: 24
320+
321+ 1. use; 25
322+
323+ 2. if applicable, jurisdiction; and 26
324+
325+ 3. budget program and subdivision; 27
326+
327+ (ii) the performance indicators and progress toward achieving the 28
328+goals and objectives developed under item (1) of this subsection; and 29
329+
330+ (iii) the recommended appropriations from the Fund identified in 30
331+accordance with item (2) of this subsection. 31
332+ 8 SENATE BILL 1071
333+
334+
335+ SECTION 2. AND BE IT FURTHER ENACTED, Th at: 1
336+
337+ (a) The Maryland Department of Health shall study whether and how funding 2
338+from the Opioid Restitution Fund can be used to provide training and resources to hospitals 3
339+to implement Section 1 of this Act, including a recommended funding amount. 4
340+
341+ (b) On or before January 1, 2025, the Department shall report its findings and 5
342+recommendations to the Senate Finance Committee and House Health and Government 6
343+Operations Committee, in accordance with § 2–1257 of the State Government Article. 7
344+
345+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 8
346+effect January 1, 2025. 9
347+
348+ SECTION 2. 4. 2. AND BE IT FURTHER ENACTED, That , except as provided in 10
349+Section 3 of this Act, this Act shall take effect October 1, 2024 January 1, 2025. 11
350+
351+
352+
353+Approved:
354+________________________________________________________________________________
355+ Governor.
356+________________________________________________________________________________
357+ President of the Senate.
358+________________________________________________________________________________
359+ Speaker of the House of Delegates.