An Act To Fund Opioid Use Disorder Prevention and Treatment
Maine Legislature, Session 129, LD 1429
Committee: Health and Human Services
Sponsors: JACKSON, McCREIGHT, CLAXTON, DILL, GRATWICK, VITELLI, BEEBE-CENTER, PERRY
Amends: 5 MRSA §20010

Legislative Document
No. 1429
S.P. 441
In Senate, March 28, 2019
An Act To Fund Opioid Use Disorder Prevention and Treatment
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Cosponsored by Representative McCREIGHT of Harpswell and
Senators: CLAXTON of Androscoggin, DILL of Penobscot, GRATWICK of Penobscot, 
SANBORN, H. of Cumberland, VITELLI of Sagadahoc, Representatives: BEEBE-CENTER 
of Rockland, PERRY of Calais.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §20010 is enacted to read:
§20010.  Opioid Use Disorder Prevention and Treatment Fund
1.  Fund established.  The Opioid Use Disorder Prevention and Treatment Fund, 
referred to in this section as "the fund," is established for the purpose of supporting opioid 
use disorder analysis, prevention and treatment and is administered by the department.  
The fund consists of money received from proceeds from the prescription opioid impact 
fee under subsection 3 and appropriations, allocations and contributions from private and 
public sources.  The fund must be held separate and apart from all other money, funds 
and accounts.  Eligible investment earnings credited to the assets of the fund become part 
of the assets of the fund.  Any unexpended balances remaining in the fund at the end of 
any fiscal year do not lapse and must be carried forward to the next fiscal year.
2.  Uses of fund proceeds.  The proceeds of the fund must be used for the following 
purposes:
A.  Opioid addiction prevention services;
B.  Opioid addiction treatment services, including:
(1)  Inpatient and outpatient treatment programs and facilities, including short-
term and long-term residential treatment programs and sober living facilities;
(2)  Treating substance use disorder for the underinsured and uninsured; and
(3)  Research regarding opioid addiction prevention and treatment; and
C.  The department's reasonable expenses in administering the fund.
The department shall award grants and contracts from proceeds of the fund to persons and 
organizations to carry out the purposes of the fund.
3.  Prescription opioid impact fee.  A manufacturer of prescription opioid drugs 
shall pay a prescription opioid impact fee on prescription opioid drugs manufactured by 
the manufacturer that are distributed in the State.  The fee under this subsection is 2¢ per 
morphine milligram equivalent for each prescription opioid drug of the manufacturer 
distributed in the State.  The department shall collect this fee pursuant to rules adopted by 
the department and deposit the proceeds from the fee into the fund.
4.  Rules.  The department shall adopt rules to carry out the purposes of this section.  
Rules adopted under this subsection are routine technical rules as defined in chapter 375, 
subchapter 2-A.
SUMMARY
This bill establishes the Opioid Use Disorder Prevention and Treatment Fund 
administered by the Department of Health and Human Services for the purpose of 
supporting opioid use disorder analysis, prevention and treatment.  The fund is funded by 
a 2¢ fee per morphine milligram equivalent assessed against prescription opioid drug 
manufacturers for prescription opioid drugs distributed in the State as well as 
appropriations, allocations and contributions from private and public sources.