S T A T E O F N E W Y O R K
________________________________________________________________________
4639
2025-2026 Regular Sessions
I N S E N A T E
February 10, 2025
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Substance
Use Disorders
AN ACT to amend the mental hygiene law, in relation to funds received
pursuant to a New York opioid settlement sharing agreement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 10 of subdivision (c) of section 25.18 of the
mental hygiene law, as amended by chapter 171 of the laws of 2022, is
amended to read as follows:
10. On or before November first of each year, beginning one year after
the initial deposit of monies in the opioid settlement fund, the rele-
vant commissioners[,] shall provide a written report to the governor,
temporary president of the senate, speaker of the assembly, chair of the
senate finance committee, chair of the assembly ways and means commit-
tee, chair of the senate alcoholism and substance [abuse] USE DISORDERS
committee, chair of the assembly alcoholism and drug abuse committee,
and the opioid settlement advisory board. Such report shall be presented
as a consolidated dashboard and be made publicly available on the
respective offices' websites. The report shall, to the extent practica-
ble after making all diligent efforts to obtain such information,
include the following: (i) the baseline funding for any entity that
receives funding from the opioid settlement fund OR OTHER FUNDS RECEIVED
PURSUANT TO A NEW YORK OPIOID SETTLEMENT SHARING AGREEMENT, prior to the
receipt of such [opioid settlement] funds; (ii) how funds deposited in
the opioid settlement fund AND OTHER FUNDS RECEIVED PURSUANT TO A NEW
YORK OPIOID SETTLEMENT SHARING AGREEMENT had been utilized in the
preceding calendar year, including but not limited to: (A) the amount of
money disbursed [from the fund] and the award process used for such
disbursement, if applicable; (B) the names of the recipients, the
amounts awarded to such recipient and details about the purpose such
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08762-02-5
S. 4639 2
funds were awarded for, including what specific services and programs
the funds were used on and what populations such services or programs
served; (C) the main criteria utilized to determine the award, including
how the program or service assists to reduce the effects of substance
use disorders; (D) an analysis of the effectiveness of the services
and/or programs that received opioid settlement funding OR OTHER FUNDS
RECEIVED PURSUANT TO A NEW YORK OPIOID SETTLEMENT SHARING AGREEMENT in
their efforts to reduce the effects of the overdose and substance use
disorder epidemic. Such analysis shall utilize evidence-based uniform
metrics when reviewing the effects the service and/or program had on
prevention, harm reduction, treatment, and recovery advancements; (E)
any relevant information provided by the New York subdivisions pursuant
to this section; and (F) any other information the commissioner deems
necessary to help inform future appropriations and funding decisions,
and ensure such funding is not being used to supplant local, state, or
federal funding.
§ 2. Subdivision (d) of section 25.18 of the mental hygiene law, as
amended by chapter 171 of the laws of 2022, is amended to read as
follows:
(d) Limitation on authority of government entities to bring lawsuits.
No government entity shall have the authority to assert released claims
against entities released by the department of law in a statewide opioid
settlement agreement executed by the department of law and the released
party on or after June first, two thousand twenty-one. Any action filed
by a government entity after June thirtieth, two thousand nineteen
asserting released claims against a manufacturer, distributor, [or]
dispenser, CONSULTANT, OR RELATED PARTY THEREOF, of opioid products
shall be extinguished by operation of law upon being released pursuant
to such statewide opioid settlement agreement.
§ 3. This act shall take effect immediately.