BILL NO. 1344 By: Rosino
of the Senate
and
West
(Josh), Munson, and McDugle of the House
An Act relating to nonopioid
alternatives; directing specified agencies to seek certain funding
opportunities and provide certain assistance with opioid grant awards; defining
term; granting certain protection to nonopioid drugs relating to Medicaid drug
formulary; prohibiting certain denial of coverage; providing certain
construction; amending 74 O.S. 2021, Section 30.5, as amended by Section 1,
Chapter 75, O.S.L. 2022 (74 O.S. Supp. 2023, Section 30.5), which relates to
definitions used in the Political Subdivisions Opioid Abatement Grants Act;
broadening approved purposes; providing for codification; and providing an
effective date.
SUBJECT: Nonopioid alternatives
BE IT ENACTED BY THE PEOPLE OF THE
STATE OF OKLAHOMA:
SECTION 1. NEW LAW
A new section of law to be codified in the Oklahoma Statutes as Section
2-402 of Title 43A, unless there is created a duplication in numbering, reads
as follows:
The
Department of Mental Health and Substance Abuse Services, the State Department
of Health, and the Oklahoma Health Care Authority shall:
1. Collaborate to seek funding opportunities for
educational and health care services related to nonopioid alternatives; and
2. Assist, upon request, political subdivisions
that receive opioid grant awards under the Political Subdivisions Opioid
Abatement Grants Act with the development and implementation of educational and
health care services related to nonopioid alternatives.
SECTION 2. NEW LAW
A new section of law to be codified in the Oklahoma Statutes as Section
5031 of Title 63, unless there is created a duplication in numbering, reads as
follows:
A. As used in this section, “contracted entity”
has the same meaning as provided by Section 4002.2 of Title 56 of the Oklahoma
Statutes.
B. In establishing and maintaining the formulary
for the state Medicaid program, the Oklahoma Health Care Authority shall ensure
that no nonopioid drug approved by the United States Food and Drug
Administration (FDA) for the treatment or management of pain shall be
disadvantaged or discouraged by either the Authority or a contracted entity
with respect to coverage on the formulary relative to any opioid or narcotic
drug for the treatment or management of pain.
C. When a contracted provider prescribes an
FDA-approved nonopioid drug for the treatment or management of pain, the
Authority or a contracted entity shall not deny coverage of the nonopioid drug
in favor of an opioid drug.
D. This section does not preclude opioid drugs
from being preferred over other opioid drugs or nonopioid drugs from being
preferred over other nonopioid drugs.
SECTION 3. AMENDATORY 74 O.S. 2021, Section 30.5, as amended by
Section 1, Chapter 75, O.S.L. 2022 (74 O.S. Supp. 2023, Section 30.5), is
amended to read as follows:
Section 30.5. As used in the Political Subdivisions Opioid
Abatement Grants Act:
1.
“Approved purpose” and “approved purposes” mean evidence-based,
forward-looking strategies, programming and services used to:
a. expand the availability of treatment for
individuals affected by opioid use disorders, co-occurring substance use
disorders and mental health issues,
b. develop, promote and provide evidence-based
opioid use prevention strategies,
c. provide opioid use disorder and co-occurring
substance use disorder avoidance and awareness education,
d. decrease the oversupply of licit and illicit
opioids,
e. support recovery from addiction services
performed by qualified and appropriately licensed providers,
f. treat opioid use, abuse and disorders
including early intervention screening, counseling and support,
g. support individuals in treatment and recovery
from opioid use, abuse and disorder,
h. provide programs or services to connect
individuals with opioid use, abuse or disorder, or who are at risk of
developing opioid use disorder, co-occurring substance use disorder and mental
health issues, with treatment and counseling programs and services,
i. address the needs of individuals who are
involved, or who are at risk of becoming involved, in the criminal justice
system due to opioid use, abuse or disorder through programs or services in
municipal and county criminal judicial systems including prearrest and
postarrest diversion programs, pretrial services and drug or recovery courts,
j. address the needs of pregnant or parenting
women with opioid use, abuse or disorder and their families,
k. address the needs of parents and caregivers
caring for babies with neonatal abstinence syndrome,
l. support efforts to prevent overprescribing
and ensure appropriate prescribing and dispensing of opioids,
m. support efforts to discourage or prevent
misuse of opioids including the oversupply of licit and illicit opioids,
n. support efforts to prevent or reduce overdose
deaths or other opioid-related harms including through increased availability
and distribution of naloxone and other drugs that treat overdoses for use by
first responders, persons who have experienced an overdose event, families,
schools, community-based service providers, social workers and other members of
the public,
o. reimburse or fund law enforcement and
emergency responder expenditures relating to the opioid epidemic including
costs of responding to emergency medical or police calls for service,
equipment, treatment or response alternatives, mental health response training
and training for law enforcement and emergency responders as to appropriate
practices and precautions when dealing with opioids or individuals who are at
risk of opioid overdose or death,
p. reimburse attorney fees and allowable
expenses directly related to opioid litigation incurred as part of legal
services agreements entered into before May 21, 2020,
q. support efforts to provide leadership,
planning and coordination to abate the opioid epidemic through activities,
programs or strategies for prevention and recovery models including regional
intergovernmental efforts and not-for-profit agency support,
r. support education of youths regarding the
dangers of opioid use, abuse and addiction,
s. fund training relative to any approved
purpose,
t. monitor, surveil and evaluate opioid use,
abuse or disorder, or
u. provide educational and health care
services related to nonopioid treatment alternatives, or
v. provide opioid abatement as identified by the
Oklahoma Opioid Abatement Board as consistent with the purpose of the Political
Subdivisions Opioid Abatement Grants Act.
Provided that, such strategies,
programming and services occurred on or after January 1, 2015;
2.
“Board” means the Oklahoma Opioid Abatement Board;
3.
“Eligible participant” means any political subdivision impacted by the
opioid crisis;
4.
“Nonapproved purpose” and “nonapproved purposes” mean strategies,
programming and services not falling within the definition of approved purpose
or approved purposes as defined in this section;
5.
“Opioid funds” means all monetary amounts obtained through a settlement
or judgment by the Attorney General on behalf of this state related to opioid
litigation involving pharmaceutical supply chain participants including the
Purdue Political Subdivisions Fund but excluding all other funds received
pursuant to the Purdue Settlement Agreement;
6.
“Opioid grant awards” means grants funded from the Oklahoma Opioid
Abatement Revolving Fund, awarded pursuant to the provisions of the Political
Subdivisions Opioid Abatement Grants Act;
7.
“Pharmaceutical supply chain” means the process and channels through
which controlled substances are manufactured, marketed, promoted, distributed
or dispensed;
8.
“Pharmaceutical supply chain participant” means any entity that engages
in or has engaged in the manufacture, marketing, promotion, distribution or
dispensing of an opioid analgesic;
9.
“Political subdivision” and “political subdivisions” have the same
meaning as provided in subparagraphs a, b, c and d of paragraph 11 of Section
152 of Title 51 of the Oklahoma Statutes;
10.
“Purdue Political Subdivision Fund” means the Twelve Million Five
Hundred Thousand Dollars ($12,500,000.00) plus any interest accrued thereon
received from the Revive Oklahoma Health Foundation consisting of funds from
the Purdue Settlement Agreement designed for distribution to political subdivisions
which have executed a release of legal claims as required by the Purdue
Settlement Agreement; and
11.
“Purdue Settlement Agreement” means the settlement agreement entered
into by this state and Purdue Pharma L.P., Purdue Pharma, Inc. and the Purdue
Frederick Company on March 26, 2019, and approved by the Court on April 2,
2019.
SECTION
4. This act shall become effective November 1,
2024.
Passed the Senate the 14th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 17th day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received
by the Office of the Governor this ____________________ day of
___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved
by the Governor of the State of Oklahoma this _________ day of
___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received
by the Office of the Secretary of State this __________ day of
__________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________