Delaware General Assembly

Lieu/Substituted 6/20/18

The General Assembly has ended, the current status is the final status.

SS 1 for SB 176

4/25/18

Hansen

Sen. Delcollo, Henry
Reps. Hudson, Keeley

Sen. Ennis, McDowell, Poore, Sokola, Townsend, Walsh
Reps. Bennett, Mitchell, Mulrooney, Paradee

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE CREATING A PRESCRIPTION OPIOID IMPACT FUND.

Delaware leads the nation in the number of prescription opioids dispensed and drug overdose deaths. Prescription opioids lead directly to opioid addiction. The dramatic increase in opioid addiction has increased the need for money to pay for prevention and treatment of opioid addiction, including residential treatment, monitoring of prescriptions, Medicaid costs for opioid addiction treatment, providing naloxone to emergency responders, and a general shortage of all levels of treatment for opioid addiction. This Act creates a Prescription Opioid Impact Fund funded by a Prescription Opioid Impact Fee ("Fee") that is paid by pharmaceutical manufacturers. The Fee will be assessed quarterly in the amount of $0.01 per MME, the morphine milligram equivalent. Assessing the Fee based upon the amount of MME in each dose of the manufacturer's opioid drugs that are dispensed directly correlates the fee to the impact that manufacturer has on the need for opioid addiction prevention and treatment in this State. The amount of the Fee is determined by data already entered into the Prescription Monitoring Program, which includes all prescription opioids dispensed to individuals by pharmacists. Because the Prescription Monitoring Program data does not include prescription opioids that are administered in hospitals, used to treat addiction, or are provided directly to patients by a hospice providers, those prescription opioids are not assessed the Fee. The Fee may not be passed along to consumers. The Fees will go to a Prescription Opioid Impact Fund ("Fund") and will be used to pay for opioid addiction and treatment. The Secretary of the Department of Health and Social Services will allocate the money from the Fund after receiving recommendations from the Addiction Action Committee and the Behavioral Health Consortium. No more than 10% of the revenue in the Fund may be used to pay for the administrative costs of implementing this Act except if funds are necessary for the Attorney General to file an action to enforce this chapter. If the Fee is not paid, it is collected under the procedure in Chapter 5 of Title 31. The Secretary must submit a report to the Governor and General Assembly by November 1 of each year, in advance of the annual budget process. Over the past 3 years, a $0.01 per MME Fee on prescription opioids dispensed in the State would have generated approximately $11 million in 2015; $10 million in 2016; and $9 million in 2017.

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Takes effect upon being signed into law

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