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Pennsylvania State Senate
07/20/2024 07:29 PM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?SPick=20210&chamber=S&cosponId=36537
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Senate of Pennsylvania
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: November 18, 2021 02:38 PM
From: Senator Doug Mastriano
To: All Senate members
Subject: Allocation of Opioid Litigation Funds
 
Soon, I will be introducing legislation to ensure that opioid litigation funds are effectively allocated to address the opioid and overdose epidemic in Pennsylvania.

In 1998, Pennsylvania and 45 other states entered into a Master Settlement Agreement with the tobacco industry. Pennsylvania was allotted  $11 billion dollars to be disbursed in the first 25 years of the agreement to pay for the costs caused by lives lost due to tobacco. In 2001, the Tobacco Settlement Fund (TSF) was enacted in PA but neglected to include language ensuring that 100% of allocated funds from the TSF would go towards tobacco use prevention, cessation efforts, and combating associated adverse health effects. As a result, funds from the TSF have gone towards other areas of the budget having nothing to do with addressing tobacco use or lung cancer.

As Pennsylvania prepares to receive opioid-related litigation proceeds from civil lawsuits brought against opioid manufacturers, it’s important to ensure that 100% of these future funds go toward addressing the opioid and overdose epidemic and not towards political pet projects. 

This year’s fiscal code established the “Opioid Settlement Restricted Account” with little to no limits on how the funds could be allocated.

I`m proposing legislation to ensure that any allocations from the the fund are limited to substance use disorder prevention, treatment programs, recovery programs, harm reduction services, and resources for first responders.

To ensure that funds are effectively distributed where they are needed most, my bill will also establish a volunteer 7-member voting commission that will provide recommendations on how opioid account funds are to be distributed. The Governor (1), Majority Leader of the Senate (1), Minority Leader of the Senate (1), Majority Leader of the House (1), Minority Leader of the House (1), and the County Commissioners Association of Pennsylvania (2) will have the opportunity to make appointments to the council. Qualifications for appointed members will need to include at least one of the following:
  • Citizens with experience in providing or receiving substance use disorder prevention, treatment, recovery, and harm reduction services
  • Citizens with expertise or experience in public health policy or research in the field of substance use
  • Citizens who represent communities that have been disproportionately impacted by substance use
  • First responders with experience in overdose response
We must ensure that we get it right this time in determining how litigation funds can be most effective in helping people and the communities who need it the most.

Please consider joining me as a co-sponsor.