N.Y. Mental Hygiene Law § 25.18: Statewide opioid settlements

§ 25.18 Statewide opioid settlements.

(a) Definitions. As used in this section, the following terms shall

have the following meanings: 1. Eligible expenditures shall include

services and programs that are consistent with the approved uses and

terms of the statewide opioid settlement agreement as defined in this

section, which may only include:

(i) to prevent substance use disorders through an evidence-based

youth-focused public health education and prevention campaign, including

school-based prevention and health care services and programs to reduce

the risk of substance use by school-aged children;

(ii) to develop and implement statewide public education campaigns to

reduce stigma against individuals with a substance use disorder, provide

information about the risks of substance use, best practices for

addressing substance use disorders, and information on how to locate

services that reduce the adverse health consequences associated with

substance use disorders or provide treatment for substance use

disorders;

(iii) to provide substance use disorder treatment and early recovery

programs for youth and adults, with an emphasis on programs that provide

a continuum of care that includes screening and assessment for substance

use disorders and co-occurring disorders, active treatment, family

involvement, case management, relapse management for substance use and

other co-occurring behavioral health disorders, vocational services,

literacy services, parenting classes, family therapy and counseling

services, crisis services, recovery services, evidence-based treatments,

medication-assisted treatments, including medication assisted treatment

provided in correctional facilities, psychiatric medication,

psychotherapy and transitional services programs;

(iv) to provide harm reduction counseling and services to reduce the

adverse health consequences associated with substance use disorders,

including overdose prevention and prevention of communicable diseases

related to substance use, provided by a substance use disorder service

provider or qualified community-based organization;

(v) to provide housing services for people who are recovering from a

substance use disorder. Such housing services shall be appropriate,

based on the individual's current need and stage of recovery. Such

housing services may include but are not limited to supportive housing

services;

(vi) to support community-based programs that reduce the likelihood of

criminal justice involvement for individuals who have or are at risk of

having a substance use disorder;

(vii) to provide programs for pregnant women and new parents who

currently or formerly have had a substance use disorder and newborns

with neonatal abstinence syndrome; and/or

(viii) to provide vocational and educational training for individuals

with or at risk for a substance use disorder.

2. "Government entity" means (i) departments, agencies, divisions,

boards, commissions and/or instrumentalities of the state of New York,

excluding the department of financial services, provided however, the

department of financial services shall be considered a government entity

for purposes of claims or proceedings filed by it against Johnson &

Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen

Pharmaceuticals, Inc., and/or Janssen Pharmaceutica, Inc.; the

superintendent of the department of financial services; and the

department of law; and

(ii) any governmental subdivision within the boundaries of the state

of New York, including, but not limited to, counties, municipalities,

districts, towns and/or villages, and any of their subdivisions, special

districts and school districts, and any department, agency, division,

board, commission and/or instrumentality thereof.

3. "Participating entities" means participating entities as such term

is defined in any statewide opioid settlement agreement.

4. "Opioid settlement fund" means the fund created by section

ninety-nine-nn of the state finance law, the funds of which shall be

used or distributed by the commissioners, as authorized by the

legislature by statute or appropriation, for the purposes of preventing

addiction and reducing the harms caused by the overdose and substance

use disorder epidemic consistent with the terms of any statewide opioid

settlement agreement.

5. "Released claims" means released claims as such term is defined in

the statewide opioid settlement agreements.

6. "Released entities" means released entities as such term is defined

in the statewide opioid settlement agreements.

7. "New York subdivisions" means each county, city, town, village, or

special district in the state of New York.

8. "Statewide opioid settlement agreements" means agreements of

statewide applicability entered into on or after June first, two

thousand twenty-one by the office of the attorney general, including but

not limited to consent judgments, consent decrees filed or unfiled, and

related agreements or documents between the state and any party, the

purpose of which is to resolve claims for conduct related to the

manufacture, promotion, dispensing, sale, overutilization and/or

distribution of opioid products which are consistent with subdivision

sixteen of section sixty-three of the executive law. Copies of such

agreements, including any amendments thereto, shall be kept on file by

the attorney general, who shall make such available for inspection and

copying pursuant to the provisions of article six of the public officers

law.

(b) Eligible expenditures for opioid settlement funds. 1. The

legislature shall appropriate funds to be used for eligible expenditures

that are consistent with the approved uses and terms of the statewide

opioid settlement agreement. Such expenditures shall be distributed

regionally and in accordance with the statewide opioid settlement

agreements to ensure adequate geographic disbursement across the state.

2. New York subdivisions may apply to the appropriate agency for

funding for eligible expenditures consistent with the terms of any

statewide opioid settlement agreement. Any New York subdivision which

receives funding pursuant to this section shall be required to annually

certify to the appropriate state agency in which funding was received

that such New York subdivision is utilizing such funds in accordance

with the requirements of this section and section ninety-nine-nn of the

state finance law.

3. Each New York subdivision shall provide a detailed accounting of

how the funds were used as well as an analysis and evaluation of the

services and programs funded. Such information shall be included in the

report provided pursuant to paragraph ten of subdivision (c) of this

section.

(c) Advisory board establishment and responsibilities. 1. The opioid

settlement board is hereby established under the office of addiction

services and supports to provide recommendations on how funding received

by the opioid settlement fund pursuant to section ninety-nine-nn of the

state finance law shall be allocated by the legislature. Recommendations

shall be evidence-based and may take into consideration federal, state

or local initiatives and activities that have shown to be effective in

preventing and treating substance use disorders as well as maintaining

recovery and assisting with the collateral effects of substance use

disorders for individuals and their families or support system. Such

recommendations shall also take into account any gaps in access to

services or programs identified as eligible expenditures and incorporate

mechanisms for measurable outcomes for determining the effectiveness of

funds expended. The office and any other relevant agency that provides

or regulates eligible expenditures shall provide any necessary staff,

resources and technical assistance to assist with the functions of the

advisory board. Such assistance shall be supported pursuant to an

appropriation by the legislature, in accordance with the statewide

opioid settlement agreements.

2. The opioid settlement board may make recommendations to the

legislature and the governor regarding the addition or removal of any

eligible expenditures in response to changing substance use disorder

needs in the state. No recommendation may be made to remove an eligible

expenditure without three-fourths approval of present board members.

3. The opioid settlement board shall consist of twenty-one members

appointed as follows:

(i) the commissioner of addiction services and supports, the

commissioner of mental health, the commissioner of health, and the

director of the division of budget, or their designees;

(ii) two appointments by the governor;

(iii) three appointments by the temporary president of the senate;

(iv) three appointments by the speaker of the assembly;

(v) one appointments by the attorney general;

(vi) one appointment by the mayor of the city of New York; and

(vii) seven appointments from a list of nominees submitted, pursuant

to a statewide opioid settlement agreement, by an association of

counties that represents at least ninety percent of the counties in New

York, counting both by number of counties and by population at the time

such statewide opioid settlement agreement was finalized. Such

appointments shall be selected as follows: three from the governor, one

from the temporary president of the senate, one from the speaker of the

assembly, one from the minority leader of the senate and one from the

minority leader of the assembly.

4. Each member shall be appointed to serve three-year terms and in the

event of a vacancy, the vacancy shall be filled in the manner of the

original appointment for the remainder of the term. The appointed

members and commissioners shall receive no compensation for their

services but shall be allowed their actual and necessary expenses

incurred in the performance of their duties as board members.

5. Every effort shall be made to ensure a balanced and diverse board,

representing the geographic regions and racial and ethnic demographics

of the state as well as those with lived experiences of a substance use

disorder. Appointed members shall have an expertise in public and

behavioral health, substance use disorder treatment, harm reduction,

criminal justice, public finance, or drug policy. Further, the board

shall include individuals with personal or professional experience with

substance use and addiction issues and co-occurring mental illnesses as

well as providing services to those that have been disproportionately

impacted by the enforcement and criminalization of addiction.

6. The chairperson of the board and the vice chairperson shall be

elected from among the members of the board by the members of such

board. The vice chairperson shall represent the board in the absence of

the chairperson at all official board functions. A majority of the

voting members of the board shall constitute a quorum.

7. Members of the board shall not take any action to direct funding

from the opioid settlement fund to any entity in which they or their

family members have any interest, direct or indirect, or receive any

commission or profit whatsoever, direct or indirect. Members of the

board shall recuse themselves from any discussion or vote relating to

such interest.

8. The board shall meet at least quarterly, to ensure recommendations

are updated and consistent with the needs of the state. Such meetings

shall be held in accordance with article seven of the public officers

law and pursuant to the federal americans with disabilities act of

nineteen hundred ninety, as amended.

9. On or before November first of each year, beginning November first,

two thousand twenty-one, the board shall provide their recommendations

for how such funds shall be appropriated, consistent with the

requirements of this section and section ninety-nine-nn of the state

finance law. Such recommendations shall be provided in a written report

to the governor, the temporary president of the senate, the speaker of

the assembly, the chair of the senate finance committee, the chair of

the assembly ways and means committee, the chair of the senate

alcoholism and substance abuse committee and the chair of the assembly

alcoholism and drug abuse committee.

10. On or before November first of each year, beginning one year after

the initial deposit of monies in the opioid settlement fund, the

relevant commissioners shall provide a written report to the governor,

temporary president of the senate, speaker of the assembly, chair of the

senate finance committee, chair of the assembly ways and means

committee, chair of the senate alcoholism and substance use disorders

committee, chair of the assembly alcoholism and drug abuse committee,

and the opioid settlement advisory board. Such report shall be presented

as a consolidated dashboard and be made publicly available on the

respective offices' websites. The report shall, to the extent

practicable after making all diligent efforts to obtain such

information, include the following: (i) the baseline funding for any

entity that receives funding from the opioid settlement fund, prior to

the receipt of such funds; (ii) how funds deposited in the opioid

settlement fund had been utilized in the preceding calendar year,

including but not limited to: (A) the amount of money disbursed and the

award process used for such disbursement, if applicable; (B) the names

of the recipients, the amounts awarded to such recipient and details

about the purpose such funds were awarded for, including what specific

services and programs the funds were used on and what populations such

services or programs served; (C) the main criteria utilized to determine

the award, including how the program or service assists to reduce the

effects of substance use disorders; (D) an analysis of the effectiveness

of the services and/or programs that received opioid settlement funding

in their efforts to reduce the effects of the overdose and substance use

disorder epidemic. Such analysis shall utilize evidence-based uniform

metrics when reviewing the effects the service and/or program had on

prevention, harm reduction, treatment, and recovery advancements; (E)

any relevant information provided by the New York subdivisions pursuant

to this section; and (F) any other information the commissioner deems

necessary to help inform future appropriations and funding decisions,

and ensure such funding is not being used to supplant local, state, or

federal funding.

(c-1) On or before November first of each year, any New York

subdivision that directly received funds pursuant to a statewide opioid

settlement agreement shall publicly post on their website information

regarding how such funding was utilized and shall submit such

information to the office of addiction services and supports. Such

information shall be updated on an annual basis. The office of addiction

services and supports shall re-post such information on its website.

(d) Limitation on authority of government entities to bring lawsuits.

No government entity shall have the authority to assert released claims

against entities released by the department of law in a statewide opioid

settlement agreement executed by the department of law and the released

party on or after June first, two thousand twenty-one. Any action filed

by a government entity after June thirtieth, two thousand nineteen

asserting released claims against a released party in a statewide opioid

settlement agreement, shall be extinguished by operation of law upon

being released pursuant to such statewide opioid settlement agreement.