Enrolled Copy S.B. 261
1 OPIOID SETTLEMENT PROCEEDS AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb House Sponsor: Raymond P. Ward
2
3 LONG TITLE
4 General Description:
5 This bill addresses the Opioid Litigation Proceeds Restricted Account.
6 Highlighted Provisions:
7 This bill:
8 ▸ requires a recipient of opioid settlement proceeds to report certain data regarding the
9 recipient's use of the opioid settlement proceeds.
10 Money Appropriated in this Bill:
11 None
12 Other Special Clauses:
13 None
14 Utah Code Sections Affected:
15 AMENDS:
16 26B-5-211, as enacted by Laws of Utah 2023, Chapter 319
17
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 26B-5-211 is amended to read:
20 26B-5-211 . Administration of opioid litigation proceeds -- Requirements for
21 governmental entities receiving opioid funds -- Reporting.
22 (1) As used in this section:
23 (a) "Office" means the Office of Substance Use and Mental Health within the
24 department.
25 (b) "Opioid funds" means money received by the state or a political subdivision of the
26 state as a result of any judgment, settlement, or compromise of claims pertaining to
27 alleged violations of law related to the manufacture, marketing, distribution, or sale
28 of opioids.
S.B. 261 Enrolled Copy
29 (c) "Restricted account" means the Opioid Litigation Proceeds Restricted Account
30 created in Section 51-9-801.
31 (2) Opioid funds may not be used to:
32 (a) reimburse expenditures that were incurred before the opioid funds were received by
33 the governmental entity; or
34 (b) supplant or take the place of any funds that would otherwise have been expended for
35 that purpose.
36 (3) The office shall serve as the reporting entity to receive, compile, and submit any reports
37 related to opioid funds that are required by law, contract, or other agreement.
38 (4) The requirement described in Subsection (5) applies to:
39 (a) a recipient of opioid funds from the restricted account, in any year that opioid funds
40 are received; and
41 (b) a political subdivision that received opioid funds.
42 (5) A person described in Subsection (4) shall provide an annual report to the office, in a
43 form and by a date established by the office, that includes:
44 (a) an accounting of all opioid funds that were received by the person in the year;
45 (b) the number of individuals served through programs funded by the opioid funds,
46 including the individuals' age, gender, and other demographic factors reported in a
47 de-identified manner;
48 (c) the measures that were used to determine whether the program funded by the opioid
49 funds achieved the intended outcomes; [and]
50 (d) if applicable, any information required to be submitted to the reporting entity under
51 applicable law, contract, or other agreement[.] ; and
52 (e) the percentage of total funds received by the person in the year that the person used
53 to promote the items under Subsections (6)(d)(i) through (vi).
54 (6) [Beginning October 1, 2023, and on or before October 1 of each year thereafter] On or
55 before October 1 of each year, the office shall provide a written report that includes:
56 (a) the opening and closing balance of the restricted account for the previous fiscal year;
57 (b) the name of and amount received by each recipient of funds from the restricted
58 account;
59 (c) a description of the intended use of each award, including the specific program,
60 service, or resource funded, population served, and measures that the recipient used
61 or will use to assess the impact of the award;
62 (d) the amount of funds expended to address each of the following items and the degree
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Enrolled Copy S.B. 261
63 to which the department administered the program or subcontracted with a private
64 entity:
65 (i) treatment services;
66 (ii) recovery support services;
67 (iii) prevention;
68 (iv) criminal justice;
69 (v) harm reduction; and
70 (vi) expanding any of the following services:
71 (A) housing;
72 (B) legal support;
73 (C) education; and
74 (D) job training;
75 [(d)] (e) a description of any finding or concern as to whether all opioid funds disbursed
76 from the restricted account violated the prohibitions in Subsection (2) and, if
77 applicable, complied with the requirements of a settlement agreement; [and]
78 [(e)] (f) the performance indicators and progress toward improving outcomes and
79 reducing mortality and other harms related to substance use disorders[.] ; and
80 (g) administrative costs including indirect rates and direct service costs.
81 (7) The office shall provide the information that is received, compiled, and submitted under
82 this section:
83 (a) to the Health and Human Services Interim Committee;
84 (b) to the Social Services Appropriations Subcommittee;
85 (c) if required under the terms of a settlement agreement under which opioid funds are
86 received, to the administrator of the settlement agreement in accordance with the
87 terms of the settlement agreement; and
88 (d) in a publicly accessible location on the department's website.
89 (8) The office may make rules in accordance with Title 63G, Chapter 3, Utah
90 Administrative Rulemaking Act, to implement this section.
91 Section 2. Effective date.
92 This bill takes effect on May 1, 2024.
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Statutes affected: Introduced: 26B-5-211
Enrolled: 26B-5-211