2023 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 as  defined  in  this
section, which may only include:
(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/or
(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,
excluding  the  department  of financial services, provided however, the
department of financial services shall be considered a government entity
for purposes of claims or proceedings filed  by  it  against  Johnson  &
Johnson,    Janssen    Pharmaceuticals,    Inc.,    Ortho-McNeil-Janssen
Pharmaceuticals,  Inc.,  and/or   Janssen   Pharmaceutica,   Inc.;   the
superintendent   of  the  department  of  financial  services;  and  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  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  entered  into  on  or  after  June  first, two
thousand twenty-one by the office of the attorney general, 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 which are
consistent with  subdivision  sixteen  of  section  sixty-three  of  the
executive  law.  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 may  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 evidence-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 and the governor 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 twenty-one members
appointed as follows:
(i)  the  commissioner  of  addiction  services  and   supports,   the
commissioner  of  mental  health,  the  commissioner  of health, and the
director of the division of budget, or their designees;
(ii) two appointments by the governor;
(iii) three appointments by the temporary president of the senate;
(iv) three appointments by the speaker of the assembly;
(v) one 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: three from the governor, one
from the temporary president of the senate, one from the speaker of  the
assembly,  one  from  the minority leader of the senate and one from the
minority leader of the assembly.
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,  public  finance,  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 at least 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, 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,
chair of the assembly alcoholism  and  drug  abuse  committee,  and  the
opioid  settlement  advisory  board. Such report shall be presented as a
consolidated dashboard and be made publicly available on the  respective
offices'  websites.  The  report  shall, to the extent practicable after
making all diligent efforts to  obtain  such  information,  include  the
following: (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  to  help  inform future appropriations and funding decisions,
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  pursuant  to  such  statewide  opioid  settlement
agreement.