HF 1038 — A bill for an act relating to the opioid settlement fund, making appropriations and disbursements, and including effective date and retroactive applicability provisions.

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r I11:1 11lI :91 I!Ji1 Itl!31 ll1 I1l l l 1 III 1 G.'1 Il1':"9 House File 1038 AN ACT RELATING TO THE OPIOID SETTLEMENT FUND, MAKING APPROPRIATIONS AND DISBURSEMENTS, AND INCLUDING EFFECTIVE DATE AND RETROACTIVE APPLICABILITY PROVISIONS.

DIVISION I OPIOID SETTLEMENT FUND Section 11. .

"Administrative“Administrative services organizationorganization” - means the same as defined in section 225A.1, as enacted in 2024 Iowa Acts, ch.

1161, §l§1. .

Behavioral“Behavioral health districtdistrict” means the same as defined in section 225A.1, as enacted in 2024 Iowa Acts, ch.

1161, §1§1. .

C.c.

Department"“Department” means the department of health and human services.

"District“District behavioral health advisory councilcouncil” - means the same as defined in section 225A.1, as enacted in 2024 Iowa Acts, ch.

1.

The fund shall be separate House File 1038, pp. .

((1) 1) The state portion of any moneys paid to the state as a result of a national settlement of litigation with entities that manufactured, marketed, sold, distributed, dispensed, or promoted opioids, made in connection with claims arising from the manufacturing, marketing, selling, distributing, dispensing, or promoting of opioids, shall be deposited in the fund.

(2) ((a) a) For each fiscal year for the period beginning July 1, 2025, and ending June 30, 2030, of the total amount of the state portion of the moneys paid to the state as described in paragraph 'b“b” -andand deposited in the fund, plus any interest and earnings on moneys in the fund, seventy-five percent is appropriated to the department and twenty-five percent is appropriated to the office of the attorney general for purposes of abating the opioid crisis in this state.

(b) Notwithstanding section 8.33, moneys appropriated under subparagraph division (a(a) ) that remain unencumbered and unobligated at the close of each fiscal year shall not revert but shall remain available for expenditure for the purposes designated until June 30, 2030.

(c) Notwithstanding section 12C.7, subsection 22, , the interest or earnings on moneys appropriated under subparagraph division (a) are appropriated to the entity receiving the appropriation to be used for the purposes designated.

(a) Review each administrative services organization'sorganization’s proposed uses of the appropriated moneys for crisis response, early intervention, and treatment for opioid addiction, and recovery from opioid addiction, for the behavioral health district for which the administrative services organization has been designated.

House File 1038, pp. .

3 c)(c) Identify indicators and outcomes applicable to each disbursement to be used to determine if the services and activities that are funded achieve the intended outcomes, which may include prevention of opioid-related deaths, reduction of opioid misuse, and increased access to opioid use disorder medications and services.

d)(d) Submit an annual report on or before November 1 to the general assembly and the governor that contains all of the following for the immediately preceding fiscal year:

()(i) Information related to each disbursement from the fund, and if the intended outcomes of each disbursement were achieved.

(4) A recipient shall receive no more than one disbursement under paragraph 'b“b”, -, subparagraph (3), subparagraph division b(b). (5) The department and the office of the attorney general may, but are not required to, ensure that moneys appropriated under subparagraph (2 ) are distributed equally to the administrative services organizations.

(6)(5) The department and the office of the attorney general shallmay, usebut noare morenot thanrequired twoto, andensure one-halfthat percent of the moneys appropriated under subparagraph (2(2) )are fordistributed equally to the administrative costs.services organizations.

(6) The department and the office of the attorney general shall use no more than two and one-half percent of the moneys appropriated under subparagraph (2) for administrative costs.

2.

Moneys in the fund shall only be used pursuant to apprepriatiensappropriations fremfrom the fund by the general assembi-Yassembly for purposes of abating the opioid crisis in this state, which may include but are not limited to the purposes specified in section 135.190A for moneys in the opioid antagonist medication fund.

3.

DIVISION II OPIOID SETTLEMENT FUND ——— FY 2024-2025 Sec.

OPIOID SETTLEMENT FUND ——— DEPARTMENT OF HEALTH AND HUMAN SERVICES.

There is appropriated from the opioid settlement fund created in section 12.51 to the department of health and human services for the fiscal year beginning July 11, , 2024, and ending June 30, 2025, the following amount, or so much thereof is as necessary, for the purposes designated:

..................................................

Notwithstanding any provision of law to the contrary, of the moneys appropriated to the department of health and human services under subsection 11, , the department shall disburse to the following entities, the following amounts, for the purposes designated:

$.................................................. 3,000,000 House File 1038, p .

$ 3,000,000 House File 1038, p.