{"data":{"id":"us-dc/d.c.-code-7-3221-perm","jurisdiction":"us-dc","citation":"D.C. Code § 7-3221(Perm)","heading":"Opioid Abatement Fund.","body":"\n  *NOTE: This codification is not the most current, due to recent law changes. To see the current law (including emergency and temporary legislation, if relevant) click this link: Current Version*\n  \n\n(a)\nThere is established as a special fund the Opioid Abatement Fund (\"Fund\"), which shall be administered by the Department of Behavioral Health in accordance with this section.\n\n(b)\nMonies from the following sources shall be deposited into the Fund:\n(1)\nFunds received by the District, regardless of whether such funds are received as a lump sum or series of payments to be made over time, pursuant to the settlement and trust-distribution agreements entered in the following cases:\n(A)\nDistrict of Columbia v. Johnson \u0026 Johnson, et al., Case No. 2022-CA-001441-B (D.C. Super. Ct.);\n(B)\nDistrict of Columbia v. McKesson Corp., et al., Case No. 2022-CA-001401-B (D.C. Super. Ct.);\n(C)\nDistrict of Columbia v. McKinsey \u0026 Co., Case No. 2021-CA-00327-B (D.C. Super. Ct.); and\n(D)\nIn re Mallinckrodt PLC, No. 20-BK-12522 (Bankr. D. Del.);\n(1A)\nFunds received by the District pursuant to any pre- or post-suit settlement, judgment, or consent decree that the Attorney General designates as an opioid-related settlement, judgment, or consent decree; provided, that the Attorney General shall notify the Mayor and Council of any such designation within 30 days after the settlement, judgment, or consent decree becoming final; and\n(2)\nMonies otherwise appropriated to, or transferred to, the Fund in accordance with law.\n\n(b-1)\nMonies in the Fund shall be used only for the following purposes:\n(1)\nPermissible Opioid Abatement Advisory Commission and Office of Opioid Abatement activities and operations, including personnel, pursuant to §§ 7-3211 and 7-3212, respectively;\n(2)\nDistrict-wide needs assessments to identify structural gaps and needs related to opioid use disorder and co-occurring substance use and mental health disorders;\n(3)\nAwards and grants for evidence-based and evidence-informed prevention, recovery, treatment, or harm reduction activities, practices, programs, services, supports, and strategies for opioid use disorder and co-occurring substance use and mental health disorders, including evidence-informed pilot programs or demonstration studies;\n(4)\nInfrastructure required for evidence-based and evidence-informed prevention, recovery, treatment, or harm reduction activities, practices, programs, services, supports, and strategies for opioid use disorder and co-occurring substance use and mental health disorders;\n(5)\nEvaluations of effectiveness and outcomes for activities, practices, programs, services, supports, and strategies for opioid use disorder and co-occurring substance use and mental health disorders for which monies from the Fund were disbursed, such as the impact on access to harm reduction, services, or treatment for disorders, or reduction in drug-related mortality;\n(6)\nPublicly available data interfaces, including to aggregate, track, and report:\n(A)\nData on opioid use disorder and co-occurring substance use and mental health disorders, overdoses, and drug-related harms; and\n(B)\nOutcomes of activities, practices, programs, services, supports, and strategies for which monies from the Fund were disbursed;\n(7)\nThe audit required by subsection (g) of this section; and\n(8)\nAny other opioid abatement activities authorized by any settlement, judgment, or consent decree resulting in funds being deposited into the Fund.\n\n(b-2)\nUnless otherwise required by court order, monies in the Fund shall be used for prospective purposes and not to reimburse expenditures incurred prior to March 10, 2023.\n\n(b-3)\nMonies expended from the Fund for the purposes set forth in subsection (b-1) of this section shall supplement, and not supplant, any other funds, including insurance benefits or District or federal funding, that would otherwise have been expended for such purposes.\n\n(b-4)\nExpenditures for Commission and Office activities and operations, including personnel, and expenditures for audits shall comply with any applicable terms in the settlement agreements, judgments, or consent decrees that limit the use of funds for administrative expenses.\n\n(b-5)\nNotwithstanding any other provision of this subchapter, in Fiscal Year 2025, a total amount of $1,125,000 from the Fund shall be used for the following purposes:\n(1)\n$400,000 for behavioral health and substance abuse targeted outreach services at locations in Wards 5 and 6 identified in the Substance Abuse and Behavioral Health Services Targeted Outreach Grant Act of 2024;\n(2)\n$325,000 to implement the School-Based Behavioral Health Student Peer Educator Pilot Amendment Act of 2024; and\n(3)\n$400,000 to the Office of the Chief Medical Officer for the purpose of enabling the testing of illicit drug misuse and the development of novel testing methods for opioids within the agency's Forensic Toxicology Lab and Data Fusion Center.\n\n(c)\nMoney deposited into the Fund shall not be obligated or expended until the Council passes legislation setting forth the permissible uses of the money in the Fund.\n\n(d)\n(1)\nMoney deposited into the Fund shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time.\n(2)\nSubject to authorization in an approved budget and financial plan, any funds deposited into the Fund shall be continually available without regard to fiscal year limitation.\n\n(e)\n(1)\nNotwithstanding subsection (b)(1) and (1A) of this section, the Attorney General may elect to have no more than 15% of any payment that the District receives prior to October 1, 2022, pursuant to the settlements, judgments, and consent decrees referenced in subsection (b)(1) and (1A) of this section, retained in the Litigation Support Fund established pursuant to § 1-301.86b, and no more than 10% of any payment received thereafter.\n(2)\nThe Attorney General shall make an election pursuant to paragraph (1) of this subsection by providing the Mayor, Chief Financial Officer, and Council with written notice of the amount of the election and the relevant payment. In making this election, the Attorney General shall ensure compliance with all applicable settlement terms.\n\n(f)\n(1)\nNo later than December 31 of each year, the Department of Behavioral Health shall provide a report to the Mayor, Council, and Attorney General detailing the District's use of monies in the Fund during the prior fiscal year.\n(2)\nThe annual report required by paragraph (1) of this subsection shall:\n(A)\nBe published on the Office of Opioid Abatement's website; and\n(B)\nInclude, for the prior fiscal year:\n(i)\nThe opening and closing balance of the Fund;\n(ii)\nAn accounting and description of all credits to and expenditures from the Fund;\n(iii)\nAn inventory of Fund investments, as of September 30 of the prior fiscal year;\n(iv)\nThe net income the Fund earned;\n(v)\nA listing of all applications received for awards and grants of monies from the Fund;\n(vi)\nThe name and a description of each awardee or grantee of monies from the Fund, and the amount disbursed to each awardee or grantee;\n(vii)\nA description of the intended use of each award or grant from the Fund, including the activity, practice, program, service, support, or strategy funded, population served, and measures that the awardee or grantee will use to assess the impact of the award;\n(viii)\nThe primary criteria used to select each awardee or grantee and its respective award or grant amount;\n(ix)\nA statement as to whether monies disbursed from the Fund supplemented and did not supplant or replace any existing or future local, state, or federal government funding; and\n(x)\nThe progress toward achieving the Opioid Abatement Advisory Commission, Office of Opioid Abatement, and Fund's purposes, such as metrics on improving outcomes and reducing mortality and other harms related to opioid use disorder and co-occurring substance use and mental health disorders.\n\n(g)\nThe Office of the District of Columbia Auditor shall audit the Fund every 5 years.","path":["Title 99. Reserved sections."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/7-3221(Perm)","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"77c52fba05f3ce9a895b5aa8117339607ad7eccf97ecf033fd64f0e7c8cf7016","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-7-3212-perm","next":"us-dc/d.c.-code-7-1131.17-perm"},"notice":"GroundRules: Original legal text. Not legal advice."}