Loading...
HomeMy WebLinkAbout2021-12-14; City Council; ; Authorize Participation in National Opioids SettlementsCA Review CKM Meeting Date: Dec. 14, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Cindie K. McMahon, Assistant City Attorney cindie.mcmahon@carlsbadca.gov, 760-434-2891 Subject: Authorize Participation in National Opioids Settlements District: All Recommended Action Adopt a resolution authorizing the City Attorney to sign the necessary documents for the City of Carlsbad to participate in the National Opioids Settlements. Executive Summary To participate in and receive funds from the national settlement reached over the opioid epidemic, the City of Carlsbad must authorize a representative to sign settlement-related documents. The deadline to sign these documents is Jan. 2, 2022. The proposed resolution authorizes the City Attorney to sign the necessary documents. The funds from the settlements must be spent for opioid epidemic remediation and abatement activities. Discussion Background On July 21, 2021, the National Prescription Opiate Litigation Multidistrict Litigation Plaintiffs’ Executive Committee, several state attorneys general, including the California Attorney General, and four major defendants announced an agreement on the terms of proposed nationwide settlements to resolve all opioid-related litigation brought by states and local governments against the three largest pharmaceutical distributors: McKesson, Cardinal Health and AmerisourceBergen and manufacturer Janssen Pharmaceuticals Inc. and its parent company Johnson & Johnson Settlement terms Under the terms of the settlements: •The distributors will collectively pay up to $21 billion over 18 years •Janssen and Johnson & Johnson will pay up to $5 billion over nine years, with up to $3.7 billion to be paid during the first three years •Approximately $22.7 billion is earmarked for use by participating states and local governments to remediate and abate the impacts of the opioid crisis Dec. 14, 2021 Item #10 Page 1 of 21 • The total funding distributed will be determined by the overall degree of participation by both litigating and non-litigating state and local governments1 • The substantial majority of the money is to be spent on opioid treatment and prevention • Each state’s share of the funding has been determined by agreement among the states using a formula that considers the impact of the opioid crisis on the state – the number of overdose deaths, the number of residents with substance use disorder, and the number of opioids prescribed – and the population of the state The settlements also include requirements on the distributors intended to help prevent this type of crisis from reoccurring. The settlements will result in court orders requiring the distributors, for a period of 10 years, to: • Establish a centralized independent clearinghouse to provide the distributors and state regulators with aggregated data and analytics about where drugs are going and how often, eliminating blind spots in the current systems used by distributors • Use data-driven systems to detect suspicious opioid orders from customer pharmacies • Terminate customer pharmacies’ ability to receive shipments, and report those companies to state regulators when they show certain signs of drug diversion • Report and prohibit shipping of suspicious opioid orders • Prohibit sales staff from influencing decisions related to identifying suspicious opioid orders • Require senior corporate officials to engage in regular oversight of anti-diversion efforts The settlements will also result in court orders requiring Janssen and Johnson & Johnson to: • Stop selling opioids for 10 years • Not fund or provide grants to third parties for promoting opioids • Not lobby on activities related to opioids • Share clinical trial data under the Yale University Open Data Access Project Approval of the settlements is contingent on a critical mass of states and local governments participating in the settlements. To bring the maximum amount of money – approximately $2.36 billion – into California, the settlements require local governments, whether they have filed a lawsuit or not, to join the settlements. More information on the litigation and settlements, including full copies of the settlement agreements, can be found on the National Opioids Settlement website. 1 The litigating state and local governments, that is, those that were parties to the litigation, include the State of California and 79 of its cities and counties. Carlsbad is a non-litigating local government. Dec. 14, 2021 Item #10 Page 2 of 21 Allocation of settlement funds in California California may receive up to $1.8 billion from the distributors settlement and up to $423 million from the Janssen and Johnson & Johnson settlement. The exact dollar amounts the state will receive will depend on the number of local jurisdictions that join the settlement agreements. A statewide working group of more than 20 city and county litigants coordinated with the California Attorney General’s Office to create an equitable intrastate allocation of the funds that will flow to California. The working group developed two agreements, one for each settlement. They are the Proposed California State-Subdivision Agreements Regarding Distribution and Use of Settlements Funds – Distributor Settlement and the Proposed California State-Subdivision Agreements Regarding Distribution and Use of Settlements Funds – Janssen Settlement. Copies of these agreements are also available on the National Opioids Settlement website. According to the intrastate allocation agreements, 70% of the funds received by the state will be distributed among eligible local jurisdictions. The City of Carlsbad will receive approximately 0.1050485% of the funds distributed to eligible local jurisdictions from the distributors settlement and approximately 0.1961456% of the funds distributed to eligible local jurisdictions from the Janssen and Johnson & Johnson settlement. The distributors will make payments over an 18-year period, while Janssen and Johnson & Johnson will make payments over a nine-year period. The exact dollar amounts that the city will receive will depend on the amount that the state receives, which will be determined by the number of cities and counties that join the settlement agreements. The working group based the intrastate allocation of funds on nationally available federal data on opioid use disorder, overdose deaths and opioid shipments into California. Acceptance of the intrastate allocation agreements is a condition of the city joining either or both settlements. The intrastate allocation agreements will not be finalized unless enough local jurisdictions sign on to the agreements. Use of the settlement proceeds The city has the choice of receiving direct payment of the settlement proceeds or allowing all or part of its share of the settlement proceeds to be distributed to San Diego County. If the city receives direct payment of the proceeds, at least 50% of the proceeds received in each calendar year must be spent on one or more of the following “high impact abatement activities”: • The provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program • Creating new or expanded substance use disorder treatment infrastructure • Addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by substance use disorder • Diversion of people with substance use disorder from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice and harm reduction • Interventions to prevent drug addiction in vulnerable youth. Dec. 14, 2021 Item #10 Page 3 of 21 The remaining 50% may be spent on these activities or the list of approved opioid remediation uses in Exhibit 2. If the city allows all or part of its share of the settlement proceeds to be distributed to the county, the county must use the proceeds for similar activities. However, the county would not be obliged to use the proceeds for activities exclusively within Carlsbad. Unless the City Council directs otherwise, the City Attorney will inform the Settlement Fund Administrator that the city requests direct payment of the settlement proceeds. The city may change this election at any time. Participation If the city wishes to participate the settlements, the city must adopt a resolution (Exhibit 1) authorizing a representative, which is proposed to be the City Attorney, to sign the required participation documents. The documents must be signed by Jan. 2, 2022. Options If the city does not participate in the settlements, its share of the settlement proceeds will go to the State of California. However, since the settlement amount California receives is dependent upon the participation rate of cities and counties, the total amount that California receives may be reduced if the city declines to participate. Fiscal Analysis The city will not be able to determine the exact dollar amount of the settlement funds that will be paid to the city until the settlement agreements become final, which will not occur until after the Jan. 2, 2022 participation deadline. Based on the estimated amount that the State of California may receive and the approximate percentages designated for the City of Carlsbad contained in the intrastate allocation agreements, the city could receive up to about $1,323,600 over 18 years from the distributors settlement and up to approximately $580,800 over 9 years from the Janssen and Johnson & Johnson settlement. Next Steps If the City Council adopts the resolution, the City Attorney will sign the necessary documents for the City of Carlsbad to participate in the national opioids settlements. The City Manager will provide the City Council with more information about potential uses of the city’s share of the settlement proceeds at a later date. Environmental Evaluation The recommended action does not constitute a “project” within the meaning of the California Environmental Quality Act under California Public Resources Code Section 21065 in that it has no potential to cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Public Notification and Outreach This item was noticed in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1. City Council resolution 2. List of opioid remediation uses Dec. 14, 2021 Item #10 Page 4 of 21 RESOLUTION NO. 2021-285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY ATTORNEY TO SIGN THE NECESSARY DOCUMENTS FOR THE CITY OF CARLSBAD TO PARTICIPATE IN THE NATIONAL OPIOID SETTLEMENTS WHEREAS, the National Prescription Opiate Litigation Multidistrict Litigation Plaintiffs Executive Committee, several state attorneys general, including the California Attorney General, and four major defendants have agreed on the terms of proposed nationwide settlements to resolve al· opioid litigation brought by states and local governments against the three largest pharmaceutica distributors: McKesson, Cardinal Health and AmerisourceBergen, and manufacturer Jansser Pharmaceuticals, Inc. and its parent company Johnson & Johnson; and WHEREAS, the deadline for eligible cities and counties to join these settlements is Jan. 2, 2022. and WHEREAS, the settlements will provide substantial funds for the abatement of the opioid epidemic in California and throughout the United States, and they will require changes in the way that the settling defendants conduct their business; and WHEREAS, the amount of funds received by the State of California is dependent on the number of local jurisdictions participating in the settlements; and WHEREAS, the State of California, and counsel representing a group of California cities and counties, have reached agreement on a proposed intrastate allocation of funds California may receive from the settlements; arid WHEREAS, the City of Carlsbad will not receive a portion of the settlement funds and the State of California may receive less settlement funds unless the City of Carlsbad elects to participate in the settlements; and WHEREAS, the City Council of the City of Carlsbad has determined that it is in the best interest of the City of Carlsbad to participate in the settlements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the City Attorney is authorized to sign the necessary documents for the City of Carlsbad to participate in the National Opioids Settlements. EXHIBIT 2 E-1 EXHIBIT E List of Opioid Remediation Uses Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies (“Core Strategies”).14 A.NALOXONE OR OTHER FDA-APPROVED DRUG TO REVERSE OPIOID OVERDOSES 1.Expand training for first responders, schools, community support groups and families; and 2.Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B.MEDICATION-ASSISTED TREATMENT (“MAT”) DISTRIBUTION AND OTHER OPIOID-RELATED TREATMENT 1.Increase distribution of MAT to individuals who are uninsured or whose insurance does not cover the needed service; 2.Provide education to school-based and youth-focused programs that discourage or prevent misuse; 3.Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4.Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services. 14 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. Dec. 14, 2021 Item #10 Page 7 of 21 DISTRIBUTORS’ 10.22.21 EXHIBIT UPDATES E-2 C.PREGNANT & POSTPARTUM WOMEN 1.Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women; 2.Expand comprehensive evidence-based treatment and recovery services, including MAT, for women with co- occurring Opioid Use Disorder (“OUD”) and other Substance Use Disorder (“SUD”)/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3.Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job placement/training, and childcare. D.EXPANDING TREATMENT FOR NEONATAL ABSTINENCE SYNDROME (“NAS”) 1.Expand comprehensive evidence-based and recovery support for NAS babies; 2.Expand services for better continuum of care with infant- need dyad; and 3.Expand long-term treatment and services for medical monitoring of NAS babies and their families. E.EXPANSION OF WARM HAND-OFF PROGRAMS AND RECOVERY SERVICES 1.Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2.Expand warm hand-off services to transition to recovery services; 3.Broaden scope of recovery services to include co-occurring SUD or mental health conditions; 4.Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job placement/training, and childcare; and 5.Hire additional social workers or other behavioral health workers to facilitate expansions above. Dec. 14, 2021 Item #10 Page 8 of 21 DISTRIBUTORS’ 10.22.21 EXHIBIT UPDATES E-3 F.TREATMENT FOR INCARCERATED POPULATION 1.Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2.Increase funding for jails to provide treatment to inmates with OUD. G.PREVENTION PROGRAMS 1.Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from misusing tobacco); 2.Funding for evidence-based prevention programs in schools; 3.Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4.Funding for community drug disposal programs; and 5.Funding and training for first responders to participate in pre-arrest diversion programs, post-overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports. H.EXPANDING SYRINGE SERVICE PROGRAMS 1.Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD treatment, access to sterile syringes and linkage to care and treatment of infectious diseases. I.EVIDENCE-BASED DATA COLLECTION AND RESEARCH ANALYZING THE EFFECTIVENESS OF THE ABATEMENT STRATEGIES WITHIN THE STATE Dec. 14, 2021 Item #10 Page 9 of 21 DISTRIBUTORS’ 10.22.21 EXHIBIT UPDATES E-4 Schedule B Approved Uses Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: PART ONE: TREATMENT A.TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that:15 1.Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S. Food and Drug Administration. 2.Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co- occurring SUD/MH conditions. 3.Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4.Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence- based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5.Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. 6.Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7.Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions. 15 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs. Dec. 14, 2021 Item #10 Page 10 of 21 DISTRIBUTORS’ 10.22.21 EXHIBIT UPDATES E-5 8.Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9.Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10.Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11.Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. 12.Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 13.Disseminate of web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing. 14.Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication– Assisted Treatment. B.SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that: 1.Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2.Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3.Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. Dec. 14, 2021 Item #10 Page 11 of 21 DISTRIBUTORS’ 10.22.21 EXHIBIT UPDATES E-6 4.Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services. 5.Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6.Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/MH conditions. 7.Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8.Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 9.Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 10.Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11.Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12.Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13.Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans. 14.Create and/or support recovery high schools. 15.Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C.CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: Dec. 14, 2021 Item #10 Page 12 of 21 DISTRIBUTORS’ 10.22.21 EXHIBIT UPDATES E-7 1.Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2.Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3.Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common. 4.Purchase automated versions of SBIRT and support ongoing costs of the technology. 5.Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. 6.Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services. 7.Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. 8.Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose. 9.Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event. 10.Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/MH conditions or to persons who have experienced an opioid overdose. 11.Expand warm hand-off services to transition to recovery services. 12.Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13.Develop and support best practices on addressing OUD in the workplace. Dec. 14, 2021 Item #10 Page 13 of 21 DISTRIBUTORS’ 10.22.21 EXHIBIT UPDATES E-8 14.Support assistance programs for health care providers with OUD. 15.Engage non-profits and the faith community as a system to support outreach for treatment. 16.Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions. D.ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1.Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as: 1.Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”); 2.Active outreach strategies such as the Drug Abuse Response Team (“DART”) model; 3.“Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; 4.Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model; 5.Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6.Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise. 2.Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services. 3.Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions. Dec. 14, 2021 Item #10 Page 14 of 21 DISTRIBUTORS’ 10.22.21 EXHIBIT UPDATES E-9 4.Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison. 5.Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities. 6.Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7.Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E.ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that: 1.Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2.Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3.Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co- occurring SUD/MH conditions. 4.Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families. Dec. 14, 2021 Item #10 Page 15 of 21 DISTRIBUTORS’ 10.22.21 EXHIBIT UPDATES E-10 5.Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care. 6.Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions. 7.Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8.Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events. 9.Offer home-based wrap-around services to persons with OUD and any co- occurring SUD/MH conditions, including, but not limited to, parent skills training. 10.Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F.PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1.Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2.Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. 3.Continuing Medical Education (CME) on appropriate prescribing of opioids. 4.Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain. 5.Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that: Dec. 14, 2021 Item #10 Page 16 of 21 DISTRIBUTORS’ 10.22.21 EXHIBIT UPDATES E-11 1.Increase the number of prescribers using PDMPs; 2.Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or 3.Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6.Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7.Increasing electronic prescribing to prevent diversion or forgery. 8.Educating dispensers on appropriate opioid dispensing. G.PREVENT MISUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1.Funding media campaigns to prevent opioid misuse. 2.Corrective advertising or affirmative public education campaigns based on evidence. 3.Public education relating to drug disposal. 4.Drug take-back disposal or destruction programs. 5.Funding community anti-drug coalitions that engage in drug prevention efforts. 6.Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”). 7.Engaging non-profits and faith-based communities as systems to support prevention. Dec. 14, 2021 Item #10 Page 17 of 21 DISTRIBUTORS’ 10.22.21 EXHIBIT UPDATES E-12 8.Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others. 9.School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10.Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11.Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12.Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse. H.PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following: 1.Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2.Public health entities providing free naloxone to anyone in the community. 3.Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4.Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5.Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals. 6.Public education relating to emergency responses to overdoses. Dec. 14, 2021 Item #10 Page 18 of 21 DISTRIBUTORS’ 10.22.21 EXHIBIT UPDATES E-13 7.Public education relating to immunity and Good Samaritan laws. 8.Educating first responders regarding the existence and operation of immunity and Good Samaritan laws. 9.Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10.Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11.Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12.Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co- occurring SUD/MH conditions. 13.Supporting screening for fentanyl in routine clinical toxicology testing. PART THREE: OTHER STRATEGIES I.FIRST RESPONDERS In addition to items in section C, D and H relating to first responders, support the following: 1.Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2.Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events. J.LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1.Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment Dec. 14, 2021 Item #10 Page 19 of 21 DISTRIBUTORS’ 10.22.21 EXHIBIT UPDATES E-14 intervention services, and to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2.A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes. 3.Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4.Provide resources to staff government oversight and management of opioid abatement programs. K.TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that: 1.Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2.Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L.RESEARCH Support opioid abatement research that may include, but is not limited to, the following: 1.Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list. 2.Research non-opioid treatment of chronic pain. 3.Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. Dec. 14, 2021 Item #10 Page 20 of 21 DISTRIBUTORS’ 10.22.21 EXHIBIT UPDATES E-15 4.Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5.Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids. 6.Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7). 7.Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system. 8.Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9.Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. Dec. 14, 2021 Item #10 Page 21 of 21