NY Ment Hygiene L § 25.18 (2021)
2021 New York Laws MHY - Mental Hygiene Title D - Alcoholism and Substance Abuse Act Article 25 - Funding for Services of the Office of Alcoholism and Substance Abuse Services 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 and include  but  not be limited to, programs:  (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  (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 including,  the  department of financial services, the superintendent of the department of financial  services,  and  the  New  York  liquidation bureau, provided however it shall not include 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 the statewide opioid agreements and 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, including but not limited to consent judgments, consent decrees filed or unfiled, and related  agreements  or  documents between  the  state  and  certain  opioid  manufacturers,  distributors, dispensers, consultants, chain pharmacies, related entities, and/or  the New  York  subdivisions,  to provide remuneration for conduct related to the manufacture, promotion, dispensing,  sale,  and/or  distribution  of opioid  products.  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 shall 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 evidenced-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  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  nineteen  members appointed as follows:  (i)   the   commissioner  of  addiction  services  and  supports,  the commissioner of mental health, and the commissioner of health, or  their designees, serving as ex-officio non-voting members;  (ii) two appointments by the governor;  (iii) two appointments by the temporary president of the senate;  (iv) two appointments by the speaker of the assembly;  (v) two 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:  two  from  the  temporary president  of the senate, two from the speaker of the assembly, one from the minority leader of the senate, one from the minority leader  of  the assembly and one from the attorney general.   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, 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  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, in consultation with the advisory  board,  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 abuse  committee  and  chair  of  the  assembly alcoholism and drug abuse committee. Such report shall be presented as a consolidated  dashboard and be made publicly available on the respective offices' websites. The report shall include the  following  information: (i)  the  baseline funding for any entity that receives funding from the opioid settlement fund, prior to the receipt of such  opioid  settlement 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 from the fund 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 for the legislature to determine appropriate future awards and ensure such funding is not being  used  to  supplant  local,  state,  or federal funding.  (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  manufacturer,  distributor,  or dispenser  of  opioid products shall be extinguished by operation of law upon being released by the department of law in  such  statewide  opioid settlement agreement.