Budget Amendment ID: FY2015-S4-920
EHS 920
Substance Abuse Prevention and Treatment Trust Fund
Mr. Joyce moved that the proposed new text be amended moved that the bill be amended by inserting at the end thereof the following new sections:
SECTION __. Chapter 369 of the Acts of 2012 is hereby amended by inserting at the end thereof the following new section:-
Section 18(a) There shall be established and set upon the books of the commonwealth a separate fund to be known as the Substance Abuse Prevention and Treatment Trust Fund to be expended, without further appropriation, by the department of public health. The fund shall consist of revenues collected by the commonwealth including: (1) any revenue collected from dispensary surcharges, meals tax, or sales tax collections from the sale of any product purchased at a medical marijuana dispensary; (2) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; (3) any fines and penalties allocated to the fund under the General Laws; (4) any funds from public and private sources such as gifts, grants and donations to further community-based prevention activities; (5) any interest earned on such revenues; and (6) any funds provided from other sources.
The commissioner of public health, as trustee, shall administer the fund. The commissioner, in consultation with the Bureau of Substance Abuse Services established, shall make expenditures from the fund consistent with subsections (d) and (e); provided, that not more than 15 per cent of the amounts held in the fund in any 1 year shall be used by the department for the combined cost of program administration, technical assistance to grantees or program evaluation.
(b) Revenues deposited in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the following fiscal year.
(c) All expenditures from the Substance Abuse Prevention and Treatment Trust Fund shall support the state’s efforts to prevent and treat substance abuse, as defined by the Bureau of Substance Abuse Services.
(d) The commissioner shall annually award not less than 50 per cent of the Substance Abuse Prevention and Treatment Trust Fund through a competitive grant process to municipalities, community-based organizations, health care providers, regional-planning agencies, and health plans that apply for the implementation, evaluation and dissemination of substance abuse prevention and treatment. Substance abuse prevention and treatment shall include, but not be limited to, (1) education; (2) community outreach; (3) direct treatment. To be eligible to receive a grant under this subsection, a recipient shall be: (1) a municipality or group of municipalities working in collaboration; (2) a non-profit community-based organization; (3) a community-based organization working in collaboration with 1 or more municipalities; (4) a health care provider or a health plan working in collaboration with 1 or more municipalities and a community-based organization; or (5) a regional planning agency. Expenditures from the fund for such purposes shall supplement and not replace existing local, state, private or federal public health-related funding; or a community-based organization or group of community-based organizations working in collaboration. The commissioner may expend up to 25 per cent of the Substance Abuse Prevention and Treatment Trust Fund for substance abuse prevention and treatment initiatives through the Department of Public Health.
(e) A grant proposal submitted under subsection (d) shall include, but not be limited to: (1) a plan that defines specific goals for the prevention and treatment of substance abuse; (2) the programs the applicant shall use to meet the goals; (3) a budget necessary to implement the plan, including a detailed description of any funding or in-kind contributions the applicant or applicants will be providing in support of the proposal; (4) any other private funding or private sector participation the applicant anticipates in support of the proposal; (5) a commitment to include women, racial and ethnic minorities and low income individuals; and (6) the anticipated number of individuals that would be affected by implementation of the plan.
Priority may be given to proposals in a geographic region of the state with a higher than average prevalence of substance abuse, as determined by the commissioner of public health, in consultation with the Bureau of Substance Abuse Services. If no proposals were offered in areas of the state with particular need, the department shall ask for a specific request for proposal for that specific region. If the commissioner determines that no suitable proposals have been received, such that the specific needs remain unmet, the department may work directly with municipalities or community-based organizations to develop grant proposals.
The department of public health shall, in consultation with the Bureau of Substance Abuse Services, develop guidelines for an annual review of the progress being made by each grantee. Each grantee shall participate in any evaluation or accountability process implemented or authorized by the department.
(f) The department of public health shall, annually on or before January 31, report on expenditures from the Substance Abuse Prevention and Treatment Trust Fund. The report shall include, but not be limited to: (1) the revenue credited to the fund; (2) the amount of fund expenditures attributable to the administrative costs of the department of public health; (3) an itemized list of the funds expended through the competitive grant process and a description of the grantee activities; and (4) the results of the evaluation of the effectiveness of the activities funded through grants.. The report shall be provided to the chairpersons of the house and senate committees on ways and means and the joint committee on public health and shall be posted on the department of public health’s website.
(g) The department of public health shall, under the advice and guidance of the Bureau of Substance Abuse Services, annually report on its strategy for administration and allocation of the fund, including relevant evaluation criteria. The report shall set forth the rationale for such strategy, including, but not limited to: (1) a list of the substances most commonly abused in the commonwealth; (2) information regarding the geographic distribution of substance abuse in the commonwealth (3) a list of the most prevalent co-occurring health conditions in the commonwealth, including the co-occurrence of mental illness and substance abuse; and (4) a list of evidence-based or promising community-based programs related to the conditions identified in clauses (1) and (2). The report shall recommend specific areas of focus for allocation of funds. If appropriate, the report shall reference goals and best practices established by the Substance Abuse and Mental Health Services Administration and the Centers for Disease Control and Prevention.
(i) The department of public health shall promulgate regulations necessary to carry out this section.