HB 427 — AN ACT relating to the Kentucky Opioid Abatement Advisory Commission, making an appropriation therefor, and declaring an emergency.

UNOFFICIALCHAPTER COPY113 211 RSCHAPTER 113 ( HB 427/GA427 ) AN ACT relating to the Kentucky Opioid Abatement Advisory Commission, making an appropriation therefor, and declaring an emergency.

The Secretarysecretary of the Cabinet for Health and Family Services or his or her designee;

and 2.

Page 1 of 10 HB042710.100 - 1803 - XXXX GA UNOFFICIAL COPY 21 RS HB 427/GA (3) (a) Members of the commission appointed under subsection (2)(a)1.

and 2.

of this section shall serve an initial term of one (1) year;year.

and (c) Members of the commission shall not receive compensation for their services but may be reimbursed for necessary travel and lodging expenses incurred in the performance of their duties.

(4) (a) Meetings of the commission shall be conducted according to KRS 61.800 to KRS 61.850.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 1.

Page 2 of 10 HB042710.100 - 1803 - XXXX GA UNOFFICIAL COPY 21 RS HB 427/GA b.

MedicationMedication-assisted assisted treatment;

Treatment, recovery, or other services provided by community health centers or not-for-profitnot-for- profit providers;

Supports crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-co-occurring Page 3 of 10 HB042710.100 - 1803 - XXXX GA UNOFFICIAL COPY 21 RS HB 427/GA occurring SUD/MH issues or persons that have experienced an opioid overdose;

Improves oversight of opioid treatment programs to ensure evidence-evidence-based based and evidence-informedevidence- informed practices;

CHAPTER 113 3 14.

Page 4 of 10 HB042710.100 - 1803 - XXXX GA UNOFFICIAL COPY 21 RS HB 427/GA 17.

Covers the cost of administering naloxonenaloxone; 25.

25.

Provides evidence-informed treatment, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH issues who are incarcerated, leaving jail Page 5 of 10 HB042710.100 - 1803 - XXXX GA UNOFFICIAL COPY 21 RS HB 427/GA or prison, have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities;

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(1) As used in this section, "commission" means the Kentucky Opioid Abatement Page 6 of 10 HB042710.100 - 1803 - XXXX GA UNOFFICIAL COPY 21 RS HB 427/GA Advisory Commission created in Section 1 of this Act.

(a) Fifty percent (50%) of all proceeds received by the Commonwealth, counties, consolidated local governments, urbanurban-county county governments, and cities of the Commonwealth in any settlement or judgment against McKesson Corporation, Cardinal Health 5, LLC, Amerisourcebergen Drug Corporation, and Johnson & Johnson, and any of their affiliates or subsidiaries related to opioid manufacturing or distribution to the extent included in a settlement agreement;

(4) (a) The fund shall not consist of the remaining fifty percent (50%) of all proceeds received by the Commonwealth, counties, consolidated local governments, urbanurban-county county governments, and cities of the Commonwealth in any settlement or judgment against McKesson Corporation, Cardinal Health 5, LLC, Amerisourcebergen Drug Corporation, and Johnson & Johnson, and any of their affiliates or subsidiaries related to opioid manufacturing or distribution to the extent included in a settlement agreement.

(b) The remaining fifty percent (50%) of all proceeds not included in the fund shall be paid to counties, consolidated local governments, urbanurban-county county governments, and cities of the Commonwealth in accordance with an Page 7 of 10 HB042710.100 - 1803 - XXXX GA UNOFFICIAL COPY 21 RS HB 427/GA agreement reached among them that incorporates the criteria of subsection (5) of Section 1 of this Act.

If no such agreement is reached, the money shall be paid to a trustee appointed jointly by the Kentucky Association of Counties and the Kentucky League of Cities for distribution of the funds to counties, consolidated local governments, urbanurban-county county governments, and cities of the Commonwealth using the criteria listed in subsection (5) of Section 1 of this Act.

Each county, consolidated local government, urbanurban-county county government, or city of the Commonwealth that receives any proceeds under paragraph (b) of this subsection shall submit, on an annual basis a certification that the funds were used consistent with the criteria in subsection (5) of Section 1 of this Act, a list of fund recipients and amounts, a description of the use of the funds, and any other information as the commission requests through the promulgation of an administrative regulation.

If a trustee is appointed under paragraph (b) of this subsection, the certifications shall be sent to the trustee, and the trustee will compile and submit one (1) report to the commission.

Funds shall be withheld from any county, consolidated local Page 8 of 10 HB042710.100 - 1803 - XXXX GA UNOFFICIAL COPY 21 RS HB 427/GA government, urbanurban-county county government, or city of the Commonwealth that does not comply with this paragraph until such time as compliance is achieved.

(d) To the extent that a settlement has been reached in any litigation against the companies listed in paragraph (a) of this subsection, each county, consolidated local government, urbanurban-county county government, city, political subdivision, and public agency, as that term is defined in KRS 61.805(2), of the Commonwealth shall be deemed to have released its claims against the companies listed in paragraph (a) of this subsection and their affiliates and subsidiaries to the extent referenced in a settlement agreement, consent judgment, order, or other document that reflects the terms of any settlement.

CHAPTER 113 5 (5) Amounts deposited in the fund shall be used only for the purposes described in Section 1 of this Act.

(10) The commission shall continue to make distributions from the fund as long as Page 9 of 10 HB042710.100 - 1803 - XXXX GA UNOFFICIAL COPY 21 RS HB 427/GA defendants in the opioid litigation make payments to the Commonwealth or until the time that the moneys in the fund are exhausted.

PageSigned 10by ofGovernor 10March HB042710.10024, -2021. 1803 - XXXX GA

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