House
Amendment
to
Senate
File
2395
S-5189
Amend
Senate
File
2395,
as
passed
by
the
Senate,
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
12.51,
Code
2024,
is
amended
to
read
as
4
follows:
5
12.51
Opioid
settlement
fund
——
advisory
council
——
grant
6
process
.
7
1.
An
opioid
settlement
fund
is
created
in
the
office
of
8
the
treasurer
of
state.
The
fund
shall
be
separate
from
the
9
general
fund
of
the
state
and
the
balance
in
the
fund
shall
not
10
be
considered
part
of
the
balance
of
the
general
fund
of
the
11
state.
The
state
portion
of
any
moneys
paid
to
the
state
as
12
a
result
of
a
national
settlement
of
litigation
with
entities
13
that
manufactured,
marketed,
sold,
distributed,
dispensed,
14
or
promoted
opioids,
made
in
connection
with
claims
arising
15
from
the
manufacturing,
marketing,
selling,
distributing,
16
dispensing,
or
promoting
of
opioids,
shall
be
deposited
in
the
17
fund.
This
subsection
does
not
apply
to
such
moneys
paid
to
18
the
state
that
are
earmarked
for
or
otherwise
required
to
be
19
transferred
or
distributed
to
counties,
cities,
or
other
local
20
governmental
entities.
21
2.
Moneys
in
the
fund
shall
not
be
transferred,
used,
22
obligated,
appropriated,
or
otherwise
encumbered
except
as
23
provided
in
this
section
.
Moneys
in
the
fund
shall
only
be
24
used
pursuant
to
appropriations
from
the
fund
by
the
general
25
assembly
to
the
department
of
health
and
human
services
for
26
purposes
of
abating
the
opioid
crisis
in
this
state,
which
27
may
include
but
are
not
limited
to
the
purposes
specified
in
28
section
135.190A
for
moneys
in
the
opioid
antagonist
medication
29
fund.
30
3.
a.
Funds
appropriated
under
this
section
to
the
31
department
of
health
and
human
services
shall
be
distributed
32
through
the
annual
awarding
of
grants
to
recommended
grant
33
applicants.
The
grant
application
process
shall
emphasize
that
34
the
grants
awarded
provide
one-time,
rather
than
ongoing,
state
35
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2395.4357.H
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#1.
funding.
1
b.
(1)
The
department
of
health
and
human
services
shall
2
establish
an
advisory
council
to
annually
review,
and
make
3
recommendations
to
the
general
assembly
for
the
funding
of,
4
grant
applications.
5
(2)
(a)
In
annually
selecting
grant
applications
for
6
recommendation
to
the
general
assembly,
the
advisory
council
7
shall
prioritize
grant
application
proposals
that
focus
on
both
8
prevention
and
treatment,
shall
consider
the
amount
of
opioid
9
settlement
funding
received
by
a
participating
local
government
10
as
a
direct
distribution,
and
shall
optimize
statewide
access
11
to
care
by
ensuring
geographic
diversity
among
the
grant
12
applications
selected.
13
(b)
In
carrying
out
its
duties,
the
advisory
council
shall
14
utilize
opioid
data
provided
by
the
department
of
health
15
and
human
services.
The
department
may
issue
a
request
for
16
proposals
to
engage
an
expert
to
assist
the
advisory
council
in
17
analyzing
the
data.
The
advisory
council
shall
also
consult
18
with
the
department
to
develop
specified
grant
outcomes
to
be
19
used
in
evaluating
the
effectiveness
of
the
grants
awarded.
20
(c)
The
advisory
council
shall
request
that
all
21
participating
local
governments
receiving
a
direct
distribution
22
of
opioid
settlement
funding
report
annually
the
amount
23
received
and
the
amount
and
purpose
for
which
the
moneys
were
24
expended.
25
(3)
Following
the
annual
review
of
grant
applications,
26
the
advisory
council
shall
compile
and
submit
to
the
general
27
assembly
no
later
than
December
15
a
report
that
includes
all
28
of
the
following:
29
(a)
A
list
of
the
grant
applications
recommended
for
the
30
awarding
of
grant
funding
in
the
subsequent
fiscal
year.
31
(b)
The
department’s
evaluation
of
the
effectiveness
of
32
the
grants
awarded
in
the
prior
year
based
on
the
outcomes
33
specified
by
the
advisory
council.
34
c.
The
general
assembly
shall
annually
appropriate
from
the
35
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2395.4357.H
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90
md
2/
5
opioid
settlement
fund
to
the
department
of
health
and
human
1
services
an
amount
sufficient
to
fund
the
annually
recommended
2
grants.
3
d.
(1)
The
advisory
council
shall
consist
of
all
of
the
4
following
voting
members:
5
(a)
The
director
of
the
department
of
health
and
human
6
services,
or
the
director’s
designee.
7
(b)
The
attorney
general,
or
the
attorney
general’s
8
designee.
9
(c)
One
individual
representing
the
judicial
branch,
10
selected
by
the
state
court
administrator.
11
(d)
One
individual
representing
the
department
of
12
corrections,
selected
by
the
department
of
corrections.
13
(e)
One
county
sheriff,
selected
by
the
Iowa
state
sheriffs’
14
and
deputies’
association.
15
(f)
One
individual
who
is
a
member
of
the
board
of
pharmacy,
16
selected
by
the
board
of
pharmacy.
17
(g)
Two
individuals,
selected
by
the
Iowa
behavioral
health
18
association.
19
(h)
One
individual
who
is
an
opioid
addiction
specialist.
20
(i)
One
individual
selected
by
the
Iowa
hospital
21
association.
22
(j)
One
individual
selected
by
the
national
alliance
on
23
mental
illness
Iowa.
24
(2)
In
addition,
the
membership
of
the
advisory
council
25
shall
include
one
senator
appointed
by
the
president
of
the
26
senate
after
consultation
with
the
majority
leader
of
the
27
senate,
one
senator
appointed
by
the
minority
leader
of
the
28
senate,
one
representative
appointed
by
the
speaker
of
the
29
house
of
representatives,
and
one
representative
appointed
by
30
the
minority
leader
of
the
house
of
representatives,
as
ex
31
officio,
nonvoting
members.
32
e.
The
advisory
council
shall
convene
an
initial
meeting
33
no
later
than
September
1,
2024.
The
advisory
council
shall
34
be
dissolved
upon
expenditure
of
all
moneys
in
the
opioid
35
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SF
2395.4357.H
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90
md
3/
5
settlement
fund.
1
3.
4.
Notwithstanding
section
8.33
,
moneys
in
the
fund
2
that
remain
unencumbered
or
unobligated
at
the
close
of
a
3
fiscal
year
shall
not
revert.
Notwithstanding
section
12C.7,
4
subsection
2
,
interest
or
earnings
on
moneys
in
the
fund
shall
5
be
credited
to
the
fund.
6
Sec.
2.
OPIOID
SETTLEMENT
FUND
——
APPROPRIATIONS
——
FY
7
2024-2025.
There
is
appropriated
from
the
opioid
settlement
8
fund
created
in
section
12.51
to
the
department
of
health
and
9
human
services
for
the
fiscal
year
beginning
July
1,
2024,
and
10
ending
June
30,
2025,
the
following
amounts,
or
so
much
thereof
11
as
is
necessary,
for
the
purposes
designated:
12
1.
For
a
youth
substance
use
treatment
and
recovery
campus
13
in
a
central
Iowa
county
with
a
population
between
98,000
and
14
99,000
based
on
the
2020
federal
decennial
census:
15
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,000,000
16
2.
For
a
nonprofit
organization
headquartered
in
a
city
17
with
a
population
between
24,500
and
25,000
as
determined
by
18
the
2020
federal
decennial
census,
that
is
a
member
of
the
Iowa
19
substance
use
and
problem
gambling
services
integrated
provider
20
network
and
specializes
in
the
treatment
and
prevention
of
21
co-occurring
mental
health
and
substance
use
disorders
for
22
adolescents
and
adults,
to
be
used
for
renovation
and
expansion
23
of
a
nature-based
recovery
campus
to
provide
co-occurring
24
assessment,
treatment,
and
prevention
services
for
both
25
adolescents
and
adults
who
are
suffering
from
mental
health
26
and
substance
use
disorders,
including
outpatient,
residential
27
treatment,
and
detoxification:
28
.
.
.
.
.
.
.
.
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.
.
.
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.
.
.
.
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.
.
.
.
.
.
.
$
8,000,000
29
3.
To
provide
funding
for
the
renewal,
extension,
and
30
expansion
of
an
opioid
addiction
prevention
surgery
support
31
services
agreement
entered
into
by
the
Iowa
attorney
general’s
32
office
that
became
effective
October
1,
2022,
to
provide
33
surgery
care
management
services
to
facilitate
the
reduction
34
of
post-surgery
opioid
use
and
to
optimize
therapeutic,
35
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2395.4357.H
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90
md
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5
humanistic,
and
economic
results
from
surgery
and
surgical
1
recovery:
2
.
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.
$
1,541,700
3
2.
Title
page,
by
striking
lines
1
through
3
and
inserting
4
<
An
Act
relating
to
the
opioid
settlement
fund,
and
making
5
appropriations.
>
6
-5-
SF
2395.4357.H
(1)
90
md
5/
5