Bill Summary – FastDemocracy

House File 2427 - Introduced
                                  HOUSE FILE 2427
                                  BY LOHSE, BLOOMINGDALE,
                                      BROWN-POWERS, and WILSON
                            A BILL FOR
An Act relating to the opioid settlement fund, creating the
  opioid settlement future fund, establishing the opioid
  epidemic response advisory council, making appropriations,
  and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 12.51, subsections 1 and 2, Code 2024,
 are amended to read as follows:
    1. An opioid settlement fund is created in the office
 of the treasurer of state. The fund shall be separate from
 the general fund of the state and the balance in the fund
 shall not be considered part of the balance of the general
 fund of the state. The On or after the effective date of
 this Act, one-half of the state portion of any moneys paid to
 the state as a result of a national settlement of litigation
 with entities that manufactured, marketed, sold, distributed,
 dispensed, or promoted opioids, made in connection with
 claims arising from the manufacturing, marketing, selling,
 distributing, dispensing, or promoting of opioids, shall be
 deposited in the fund. This subsection does not apply to such
 moneys paid to the state that are earmarked for or otherwise
 required to be transferred or distributed to counties, cities,
 or other local governmental entities.
    2. Moneys in the fund shall not be transferred, used,
 obligated, appropriated, or otherwise encumbered except as
 provided in this section. Moneys in the fund shall only be
 used pursuant to appropriations from the fund by the general
 assembly for purposes of abating the opioid crisis in this
 state, which may include but are not limited to the purposes
 specified in section 135.190A for moneys in the opioid
 antagonist medication fund and the purposes specified in
 chapter 123B. Moneys in the fund shall not be used for the
 purposes specified in chapter 123B after the state has received
 all moneys from the settlement described in subsection 1.
    Sec. 2. NEW SECTION. 12.52 Opioid settlement future fund.
    1. a. An opioid settlement future fund is created in the
 office of the treasurer of state. The fund shall be separate
 from the general fund of the state and the balance in the fund
 shall not be considered part of the balance of the general
 fund of the state. On or after the effective date of this
 Act, one-half of the state portion of any moneys paid to
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 the state as a result of a national settlement of litigation
 with entities that manufactured, marketed, sold, distributed,
 dispensed, or promoted opioids, made in connection with
 claims arising from the manufacturing, marketing, selling,
 distributing, dispensing, or promoting of opioids, shall be
 deposited in the fund. This subsection does not apply to such
 moneys paid to the state that are earmarked for or otherwise
 required to be transferred or distributed to counties, cities,
 or other local governmental entities.
    b. On the effective date of this Act, the treasurer of state
 shall transfer half of the moneys in the opioid settlement
 fund, created pursuant to section 12.51, on the effective date
 of this Act to the opioid settlement future fund.
    2. Moneys in the fund shall not be transferred, used,
 obligated, appropriated, or otherwise encumbered except as
 provided in this section. Interest and earnings in the fund
 shall only be used pursuant to appropriations from the fund by
 the general assembly for purposes of abating the opioid crisis
 in this state, which may include but are not limited to the
 purposes specified in chapter 123B.
    3. Notwithstanding section 8.33, moneys in the fund
 that remain unencumbered or unobligated at the close of a
 fiscal year shall not revert. Notwithstanding section 12C.7,
 subsection 2, interest or earnings on moneys in the fund shall
 be credited to the fund.
    Sec. 3. NEW SECTION. 123B.1 Opioid epidemic response
 advisory council.
    1. a. The opioid epidemic response advisory council is
 established to develop and implement a comprehensive and
 effective statewide effort to address the opioid addiction and
 overdose epidemic in Iowa. The council shall consist of the
 following members, appointed by the director of the department
 of health and human services, except as otherwise provided:
    (1) Two members of the house of representatives, one
 appointed by the speaker of the house and one appointed by the
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 minority leader of the house, who shall serve as ex officio,
 nonvoting members.
    (2) Two members of the senate, one appointed by the
 president of the senate and one appointed by the minority
 leader of the senate, who shall serve as ex officio, nonvoting
 members.
    (3) One member appointed by the board of pharmacy.
    (4) One member who is a physician and surgeon or
 osteopathic physician and surgeon appointed by the Iowa medical
 association.
    (5) One member who represents an opioid treatment program,
 sober living program, or substance use disorder program.
    (6) One member appointed by the Iowa association of
 addiction professionals who is a psychiatrist specializing in
 the treatment of addiction.
    (7) One member appointed by the commissioner of the
 department of public safety.
    (8) One member who represents nonprofit organizations
 conducting initiatives to address the opioid epidemic.
    (9) One member appointed by the Iowa emergency medical
 services association who is serving with an ambulance service
 as an emergency medical care provider.
    (10) One member who represents the Iowa courts who is a
 judge.
    (11) One member who is a resident of this state and who is
 in opioid addiction recovery.
    (12) One member appointed by the director of the office of
 drug control policy.
    (13) One member who is a mental health advocate.
    (14) One member who represents the Iowa hospital
 association.
    (15) One member who represents a local health department.
    (16) The directors of the departments of health and human
 services, corrections, and management, the attorney general,
 and the state public defender, or their designees, who shall
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 serve as ex officio, nonvoting members.
    b. The director of the department of health and human
 services shall coordinate the director’s appointments to
 provide, to the extent practicable, geographic, racial, and
 gender diversity.
    c. The council shall annually elect a chair.
    d. The chair shall convene the council at least quarterly,
 and the chair may convene the council at other times as
 necessary. The chair shall convene meetings at different
 locations in the state to provide geographic access and may
 conduct all meetings, other than one meeting per year, remotely
 by electronic means.
    e. The department of health and human services shall provide
 staffing and administrative support to the council.
    f. The director of the department of health and human
 services shall convene the first meeting of the council no
 later than August 1, 2024.
    g. An advisory council member shall disclose to the council,
 refrain from participating in discussions, and abstain from
 voting on any matter before the council if the member has a
 conflict of interest. For the purposes of this paragraph, a
 conflict of interest is a financial association that has the
 potential to bias or have the appearance of biasing a council
 member’s decision related to council activities under this
 chapter.
    2. The council shall focus on all of the following:
    a. Primary prevention, secondary prevention, early
 intervention, and education, including public education and
 awareness for adults and youth, prescriber education, the
 development and sustainability of opioid overdose prevention
 and education programs, and the role of adult protective
 services in prevention and response.
    b. Training on the treatment of opioid addiction, including
 the use of all approved opioid addiction medications,
 detoxification, relapse prevention, patient assessment,
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 individual treatment planning, counseling, recovery supports,
 diversion control, and other best practices.
    c. The expansion and enhancement of a continuum of care
 for opioid-related substance use disorders, including primary
 prevention, early intervention, treatment, recovery, and
 aftercare services.
    d. Supporting efforts to prevent or reduce deaths from
 opioid overdoses or other opioid-related harms, including
 through increasing the availability or distribution of naloxone
 or other opioid antagonists for use by a family member, friend,
 caregiver, health care provider, employee of a substance abuse
 treatment facility, school employee, or other person who may be
 in a place to render aid to a person at risk of experiencing an
 opioid-related overdose.
    3. The council shall do all of the following:
    a. Review local, state, and federal initiatives and
 activities related to education, prevention, treatment, and
 services for individuals and families experiencing and affected
 by opioid use disorder.
    b. Establish priorities to address the state’s opioid
 epidemic for the purposes of recommending initiatives to fund.
    c. Recommend to the legislative council specific projects
 and initiatives to be funded.
    (1) Until such time as all opioid settlement moneys have
 been received by the state, the council shall recommend grants
 to be appropriated from the opioid settlement fund created
 in section 12.51. The council shall not recommend grants in
 excess of the balance of the opioid settlement fund.
    (2) After all settlement moneys have been received by the
 state, the council shall recommend grants to be appropriated
 from the opioid settlement future fund created in section
 12.52. The council shall not recommend grants in excess of the
 interest held in the opioid settlement future fund.
    d. Ensure that available funding is allocated to align with
 other local, state, and federal funding to achieve the greatest
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 impact and ensure a coordinated state effort.
    e. Consult with the directors of the departments of health
 and human services and management to develop measurable
 outcomes to determine the effectiveness of funds allocated.
    f. Develop recommendations for an administrative and
 organizational framework for the allocation, on a sustainable
 and ongoing basis, of moneys deposited in the opioid settlement
 fund created pursuant to section 12.51 and the opioid
 settlement future fund created pursuant to section 12.52 in
 order to address the opioid abuse and overdose epidemic in Iowa
 and the areas of focus specified in subsection 2.
    4. The council, in consultation with the director of the
 department of health and human services, shall select from the
 projects awarded grants pursuant to section 123B.2, projects
 that include promising practices or theory-based activities
 for which the director of the department of health and human
 services shall conduct additional research and experimental
 evaluation. A project selected pursuant to this subsection
 must be administered to support the research and experimental
 evaluation, and the grantee must collect and report information
 that is needed to complete the research and experimental
 evaluation.
    5. The council, in consultation with the directors of the
 departments of health and human services and public safety,
 shall establish goals related to addressing the opioid epidemic
 and determine a baseline against which progress shall be
 monitored and set measurable outcomes, including benchmarks.
 The goals established must include goals for prevention and
 public health, access to treatment, and multigenerational
 impacts. The council shall use existing measures and data
 collection systems to determine baseline data against which
 progress shall be measured. The council shall include
 the proposed goals, the measurable outcomes, and proposed
 benchmarks in the council’s initial report to the general
 assembly pursuant to section 123B.3, subsection 1.
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    Sec. 4. NEW SECTION. 123B.2 Opioid epidemic response
 grants.
    1. The legislative council shall award grants from the
 opioid settlement fund created pursuant to section 12.51 to
 proposals selected by the advisory council that address the
 priorities identified in section 123B.1, subsection 2. No more
 than three percent of each grant awarded shall be used by a
 grantee for administration.
    2. The chairperson of the opioid epidemic response advisory
 council shall submit a report of the grants proposed to be
 awarded for the upcoming fiscal year by the advisory council
 to the general assembly by December 1, 2024, and annually by
 December 1 thereafter.
    Sec. 5. NEW SECTION. 123B.3 Opioid epidemic response
 advisory council —— reports.
    1. The opioid epidemic response advisory council shall
 annually submit a report to the general assembly by January
 31, regarding individual projects that received grants and the
 overall role of the project in addressing the opioid addiction
 and overdose epidemic in Iowa. The report shall describe the
 grantees and the activities implemented, along with measurable
 outcomes as determined by the council in consultation with the
 director of the department of health and human services. At a
 minimum, the report shall include information about the number
 of individuals who received information or treatment, the
 outcomes individuals achieved and demographic information about
 the individuals participating in the project; an assessment of
 the progress toward achieving statewide access to qualified
 providers and comprehensive treatment and recovery services;
 and an update on the evaluations implemented by the director of
 the department of health and human services for the promising
 practices and theory-based projects that receive funding.
    2. The director of the department of health and human
 services, in consultation with the opioid epidemic response
 advisory council, shall report to the general assembly when
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 an evaluation described in section 123B.1, subsection 4, is
 complete. The report shall include demographic information;
 outcome information for the individuals in the program; the
 results of the program in promoting recovery, employment, and
 family reunification; reducing involvement in the criminal
 justice system; and other relevant outcomes. The report shall
 include information about the ability of grant programs to be
 scaled to achieve statewide results.
    3. The opioid epidemic response advisory council, in
 its annual report due by January 31, 2030, shall include
 recommendations on whether appropriations and grants pursuant
 to this chapter should be continued, adjusted, or discontinued,
 whether funding should be appropriated for other purposes
 related to opioid abuse prevention, and on the appropriate
 level of funding for existing and new uses.
    Sec. 6. NEW SECTION. 123B.4 Standing appropriation.
    There is appropriated annually from the opioid settlement
 fund created pursuant to section 12.51 to the department of
 health and human services two hundred forty-nine thousand
 dollars for the provision of administrative services to
 the opioid epidemic response advisory council and for the
 administration of grants awarded pursuant to section 123B.2.
    Sec. 7. OPIOID OVERDOSE PREVENTION —— APPROPRIATION. There
 is appropriated from the opioid settlement fund created in
 section 12.51 to the department of health and human services
 for