House File 2573 - Introduced HOUSE FILE 2573 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HF 2323) (SUCCESSOR TO HSB 634) A BILL FOR An Act creating funds relating to the abatement of and response 1 to opioid use. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5970HZ (2) 89 as/rh
H.F. 2573 Section 1. NEW SECTION . 12.51 Opioid settlement fund. 1 1. An opioid settlement fund is created in the office of 2 the treasurer of state. The fund shall be separate from the 3 general fund of the state and the balance in the fund shall not 4 be considered part of the balance of the general fund of the 5 state. The state portion of any moneys paid to the state as 6 a result of a national settlement of litigation with entities 7 that manufactured, marketed, sold, distributed, dispensed, 8 or promoted opioids, made in connection with claims arising 9 from the manufacturing, marketing, selling, distributing, 10 dispensing, or promoting of opioids, shall be deposited in the 11 fund. This subsection does not apply to such moneys paid to 12 the state that are earmarked for or otherwise required to be 13 transferred or distributed to counties, cities, or other local 14 governmental entities. 15 2. Moneys in the fund shall not be transferred, used, 16 obligated, appropriated, or otherwise encumbered except as 17 provided in this section. Moneys in the fund shall only be 18 used pursuant to appropriations from the fund by the general 19 assembly for purposes of abating the opioid crisis in this 20 state, which may include but are not limited to the purposes 21 specified in section 135.190A for moneys in the opioid 22 antagonist medication fund. 23 3. Notwithstanding section 8.33, moneys in the fund 24 that remain unencumbered or unobligated at the close of a 25 fiscal year shall not revert. Notwithstanding section 12C.7, 26 subsection 2, interest or earnings on moneys in the fund shall 27 be credited to the fund. 28 Sec. 2. NEW SECTION . 135.190A Opioid antagonist medication 29 fund. 30 1. An opioid antagonist medication fund for first 31 responders is created within the state treasury under the 32 control of the department. The fund shall consist of moneys 33 appropriated to or deposited into the fund. 34 2. Moneys in the fund are appropriated to the department for 35 -1- LSB 5970HZ (2) 89 as/rh 1/ 4
H.F. 2573 the purchase, maintenance, and replacement of opioid antagonist 1 medication administered by first responders to persons 2 experiencing an opioid-related overdose. The department is 3 authorized to designate moneys in the fund for the purchase, 4 maintenance, and replacement of opioid antagonist medication 5 used by the department or other entities under this section. 6 3. First responders may contact the department for the 7 procurement of opioid antagonist medication. The department 8 shall keep a record of the distribution of moneys from the 9 fund. 10 4. The fund may consist of available federal or state moneys 11 available, as well as any available opioid lawsuit settlement 12 moneys. Funds may be transferred between other state agencies 13 and the fund as appropriate. 14 5. Notwithstanding section 8.33, moneys in the fund 15 that remain unencumbered or unobligated at the close of 16 a fiscal year shall not revert but shall remain available 17 for expenditure for the purposes designated unless federal 18 regulations otherwise require. Notwithstanding section 12C.7, 19 subsection 2, interest or earnings on moneys in the fund shall 20 be credited to the fund. 21 6. The department shall submit a report to the 22 co-chairpersons and ranking members of the joint appropriations 23 subcommittee on the justice system and to the legislative 24 services agency on or before December 31 of each year which 25 shall contain a list of deposits and expenditures from the fund 26 for the prior fiscal year and the amount of carryover funds, if 27 any, to be distributed in the next fiscal year. 28 7. For purposes of this section: 29 a. “First responder” means an emergency medical care 30 provider, a registered nurse staffing an authorized service 31 program under section 147A.12, a physician assistant staffing 32 an authorized service program under section 147A.13, a fire 33 fighter, or a peace officer as defined in section 801.4 who is 34 trained and authorized to administer an opioid antagonist. 35 -2- LSB 5970HZ (2) 89 as/rh 2/ 4
H.F. 2573 b. “Opioid antagonist” means the same as defined in section 1 147A.1. 2 c. “Opioid-related overdose” means the same as defined in 3 section 147A.1. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill creates funds relating to the abatement of and 8 response to opioid use. 9 OPIOID SETTLEMENT FUND. The bill creates an opioid 10 settlement fund. The state portion of any moneys paid to 11 the state as a result of a national settlement of litigation 12 with entities that manufactured, marketed, sold, distributed, 13 dispensed, or promoted opioids, made in connection with 14 claims arising from the manufacturing, marketing, selling, 15 distributing, dispensing, or promoting of opioids, are required 16 to be deposited in the fund. This does not apply to such moneys 17 paid to the state that are earmarked for or otherwise required 18 to be transferred or distributed to counties, cities, or other 19 local governmental entities. Moneys in the fund can only be 20 used pursuant to appropriations from the fund by the general 21 assembly for purposes of abating the opioid crisis in Iowa. 22 OPIOID ANTAGONIST MEDICATION FUND. The bill provides that 23 an opioid antagonist medication fund for first responders is 24 created within the state treasury under the control of the 25 department of public health (department). The fund shall 26 consist of moneys appropriated to or deposited in the fund 27 and may include available federal or state moneys, as well 28 as any available opioid lawsuit settlement moneys. Funds 29 may be transferred between other state agencies and the fund 30 as appropriate. Moneys in the fund are appropriated to the 31 department for the purchase, maintenance, and replacement 32 of opioid antagonist medication to be administered by first 33 responders to persons experiencing an opioid-related overdose. 34 Moneys in the fund may be designated for the purchase, 35 -3- LSB 5970HZ (2) 89 as/rh 3/ 4
H.F. 2573 maintenance, and replacement of opioid antagonist medication. 1 First responders may contact the department for the procurement 2 of opioid antagonist medication and the department shall keep a 3 record of the distribution of moneys from the fund. 4 The bill provides that moneys in the fund that remain 5 unencumbered or unobligated at the close of a fiscal year shall 6 not revert but shall remain available for expenditure, unless 7 federal regulations otherwise require, and interest or earnings 8 on moneys in the fund shall be credited to the fund. 9 The bill provides that the department shall submit a report 10 to the co-chairpersons and ranking members of the joint 11 appropriations subcommittee on the justice system and to the 12 legislative services agency on or before December 31 of each 13 year which shall contain a list of deposits and expenditures 14 from the fund for the prior fiscal year and the amount of 15 carryover funds, if any, to be distributed in the next fiscal 16 year. 17 The bill provides definitions. 18 -4- LSB 5970HZ (2) 89 as/rh 4/ 4