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Minutes for HB2412 - Committee on Judiciary
Short Title
Enacting the Kansas fights addiction act to establish a grant program for the purpose of preventing, reducing, treating and mitigating the effects of substance abuse and addiction.
Minutes Content for Mon, Mar 22, 2021
Chairperson Patton opened the hearing on HB2412. Natalie Scott provided an overview of the bill. (Attachment 17) Ms. Scott stood for questions.
Proponents
Derek Schmidt (Attachment 18) stated this bill would enact the "Kansas Fights Addiction Act," providing a mechanism for distributing funds received as a result of litigation against opioid manufacturers, distributors, and others who contributed to the opioid addiction crisis. Mr. Schmidt asked for the committee's support of HB2412.
Stuart Little (Attachment 19) stated The Behavioral Health Association of Kansas (BHAK) is the state's trade organization dedicated solely to substance use disorder treatment and prevention providers seeking integrated behavioral health care. BHAK believes that true integrated behavioral health means access and funding for mental illness and substance use disorder treatment without regard to where a consumer seeks services. They appreciate the growing awareness of how substance use disorder affects lives. State investment of resources in treatment impacts health care, employment, public safety, child welfare, and they support the investment of resources. The bill establishes a mechanism to target these and future settlement funds to the key need: treatment and prevention while not allowing these funds to diminish services by prohibiting supplanting.
Michelle Ponce (Attachment 20) stated the Association of Community Mental Health Center of Kansas Inc. applauds the work of the Attorney General in crafting a plan for effective use of funding arising from opioid litigation to ensure distribution in such a manner to best meet the needs of local communities, and they look forward to contributing to the work of the grant review board.
Deb Stidham (Attachment 21) explained Kansas Association of Addiction Professionals supports this initiative by the Attorney General creating the Kansas Fights Addiction Act. This measure provides for the expenditure of funds received as result of opioid litigation and to apply them to the abatement or remediation of substance abuse or addiction. HB2412 establishes the Kansas fights addiction funds through which the settlement dollars will be dedicated to preventing, reducing, treating, and mitigating the effects of substance abuse and addiction.
All proponents testifying in person, stood for questions from the membership.
Proponents Written
- Jay Hall, Kansas Association of Counties (Attachment 22)
- Brandon Jones, Vice President, Kansas County and District Attorney's Association (Attachment 23)
Neutral
Michael Koss (Attachment 24) explained the city of Overland Park respects HB2412's approach of allowing litigating municipalities to continue their litigation against opioid defendants. However, they and other cities think the legislation could be improved by creating an option and incentives for litigating municipalities to enter an agreement with the Attorney General to release their claims and become eligible for state settlement funds. This collaborative approach would potentially increase the amount of state settlement funds and allow municipalities to work with the Attorney General on the conditions of distributing settlement funds to municipalities. The Attorney General would control the distribution of funds to municipalities, only non-litigating municipalities and litigating municipalities that have release their claims would be eligible for the designated funds, and litigating municipalities that release their claims would have to first seek reimbursement for legal fees from settlement sources other than state settlement funds.
Jennifer Donnelly (Attachment 25) explained the Kansas State Board of Pharmacy and its stakeholders firmly believe, when available, a portion of any funds received from legal settlements with opioid manufacturers should be allocated to the Kansas Prescription Drug Monitoring Program (K-TRACS). If a prescriber or a pharmacist has a concern about a patient, they can look up the patient's prescription history in the real-time, web-based K-TRACS system using their private login credentials. The Board reiterates the public reach and benefit of the K-TRACS program and remains committed to seeking new opportunities for alternative funding sources.
Erik Sartorius (Attachment 26) explained it has become very clear that cities' interests in this area vary widely; however, they share a common goal of wanting this settlement to be used in their communities to deal with an issue that has ravaged our state and our country. The money should be spent in both rural and urban communities. Concerns have been raised that by only requiring one-eighth of litigation proceeds be spent in each congressional district the money will naturally flow primarily to urban areas due to the higher population. It is important that this money be used across the state to address this issue. While rural areas might not have the higher populations of urban areas, the opioid crisis is unfortunately equally prevalent.
Jennifer Roth on behalf of Kansas Assn. of Criminal Defense Lawyers (Attachment 27) stated HB2412 would create the Kansas Fights Addiction Act, which establishes a fund for opioid litigation settlement money "for the abatement or remediation of substance abuse or addiction," with the money going to "qualified applicants for projects an activities that prevent, reduce, treat or mitigate the effects of substance abuse and addiction." The bill also creates a review board of 11 members who would decided which grant applications will be funded. The board would be under the jurisdiction of the attorney general, and each member shall "have expertise in the prevention, reduction, treatment or mitigation of the effects of substance abuse and addiction." The attorney general "shall provide administrative support for the board and shall administer, monitor and assure compliance with conditions on grants awarded." The bill also requires that each year the board shall submit a report to the governor, speaker of the House, president of the Senate, and the attorney general, giving an accounting of where the money was awarded and for what purpose.
The neutral conferees stood for questions.
Being no additional individuals wishing to testify, Chairperson Patton closed the hearing on HB2412.
Chairperson Patton asked the committee to prepare for final bill action during tomorrow's meeting and he adjourned today's meeting at 5:09 pm.
