Budget Amendment ID: FY2023-S4-567

EHS 567

Establishing a Drug Stewardship Fund

Messrs. Keenan and Tarr moved that the proposed new text be amended by inserting after section ___ the following section:-

"SECTION XX. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following new section:-

Section 2DDDDD. There shall be a Drug Stewardship Fund. The commissioner of public health shall administer the fund and shall make expenditures from the fund for measures to improve the safety and security of unused opioid drug products and benzodiazepines, including, but not limited to: (i) training and education on safe storage and disposal; (ii) technical assistance to implement stewardship efforts by health care institutions; (iii) direct support for individual drug disposal activities; (iv) contributions to the Substance Abuse Services Fund established in section 2I of chapter 111, or other trust funds relative to drug safety and recovery programs; (v) supplemental support of existing department of public health approved drug stewardship plans; (vi) funding to support drug security and recovery programs at state operated health care facilities; and (vii) funding to support adequate department resources to conduct compliance and support activities.

The fund shall consist of: (i) revenue generated from noncompliance penalties imposed by the department on pharmaceutical manufacturers under section 4 of chapter 94H; (ii) plan application fees and fees collected for alternate plan participation under section 6 of chapter 94C, as outlined in regulation; (iii) revenue from appropriations or other money authorized by the commonwealth and specifically designated to be credited to the fund; and (iv) funds from public or private sources including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund. The department may incur expenses and the comptroller may certify for payment amounts in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund that shall cause the fund to be deficient at the close of a fiscal year. Amounts credited to the fund shall not be subject to further appropriation and money remaining in the fund at the close of a fiscal year shall not revert to the General Fund.

The commissioner of public health shall report annually, not later than July 1, on the fund's activity to the joint committee on mental health, substance use and recovery, and the house and senate committees on ways and means. The report shall include, but not be limited to: (1) revenue received by the fund; and (2) expenditures from the fund, including the recipient, date and reason for the expenditure."