Bill Text: IA HF2427 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the opioid settlement fund, creating the opioid settlement future fund, establishing the opioid epidemic response advisory council, making appropriations, and including effective date provisions.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2024-02-22 - Subcommittee: Fry, Brown-Powers and Lohse. H.J. 381. [HF2427 Detail]
Download: Iowa-2023-HF2427-Introduced.html
House
File
2427
-
Introduced
HOUSE
FILE
2427
BY
LOHSE
,
BLOOMINGDALE
,
BROWN-POWERS
,
and
WILSON
A
BILL
FOR
An
Act
relating
to
the
opioid
settlement
fund,
creating
the
1
opioid
settlement
future
fund,
establishing
the
opioid
2
epidemic
response
advisory
council,
making
appropriations,
3
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
12.51,
subsections
1
and
2,
Code
2024,
1
are
amended
to
read
as
follows:
2
1.
An
opioid
settlement
fund
is
created
in
the
office
3
of
the
treasurer
of
state.
The
fund
shall
be
separate
from
4
the
general
fund
of
the
state
and
the
balance
in
the
fund
5
shall
not
be
considered
part
of
the
balance
of
the
general
6
fund
of
the
state.
The
On
or
after
the
effective
date
of
7
this
Act,
one-half
of
the
state
portion
of
any
moneys
paid
to
8
the
state
as
a
result
of
a
national
settlement
of
litigation
9
with
entities
that
manufactured,
marketed,
sold,
distributed,
10
dispensed,
or
promoted
opioids,
made
in
connection
with
11
claims
arising
from
the
manufacturing,
marketing,
selling,
12
distributing,
dispensing,
or
promoting
of
opioids,
shall
be
13
deposited
in
the
fund.
This
subsection
does
not
apply
to
such
14
moneys
paid
to
the
state
that
are
earmarked
for
or
otherwise
15
required
to
be
transferred
or
distributed
to
counties,
cities,
16
or
other
local
governmental
entities.
17
2.
Moneys
in
the
fund
shall
not
be
transferred,
used,
18
obligated,
appropriated,
or
otherwise
encumbered
except
as
19
provided
in
this
section
.
Moneys
in
the
fund
shall
only
be
20
used
pursuant
to
appropriations
from
the
fund
by
the
general
21
assembly
for
purposes
of
abating
the
opioid
crisis
in
this
22
state,
which
may
include
but
are
not
limited
to
the
purposes
23
specified
in
section
135.190A
for
moneys
in
the
opioid
24
antagonist
medication
fund
and
the
purposes
specified
in
25
chapter
123B
.
Moneys
in
the
fund
shall
not
be
used
for
the
26
purposes
specified
in
chapter
123B
after
the
state
has
received
27
all
moneys
from
the
settlement
described
in
subsection
1.
28
Sec.
2.
NEW
SECTION
.
12.52
Opioid
settlement
future
fund.
29
1.
a.
An
opioid
settlement
future
fund
is
created
in
the
30
office
of
the
treasurer
of
state.
The
fund
shall
be
separate
31
from
the
general
fund
of
the
state
and
the
balance
in
the
fund
32
shall
not
be
considered
part
of
the
balance
of
the
general
33
fund
of
the
state.
On
or
after
the
effective
date
of
this
34
Act,
one-half
of
the
state
portion
of
any
moneys
paid
to
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the
state
as
a
result
of
a
national
settlement
of
litigation
1
with
entities
that
manufactured,
marketed,
sold,
distributed,
2
dispensed,
or
promoted
opioids,
made
in
connection
with
3
claims
arising
from
the
manufacturing,
marketing,
selling,
4
distributing,
dispensing,
or
promoting
of
opioids,
shall
be
5
deposited
in
the
fund.
This
subsection
does
not
apply
to
such
6
moneys
paid
to
the
state
that
are
earmarked
for
or
otherwise
7
required
to
be
transferred
or
distributed
to
counties,
cities,
8
or
other
local
governmental
entities.
9
b.
On
the
effective
date
of
this
Act,
the
treasurer
of
state
10
shall
transfer
half
of
the
moneys
in
the
opioid
settlement
11
fund,
created
pursuant
to
section
12.51,
on
the
effective
date
12
of
this
Act
to
the
opioid
settlement
future
fund.
13
2.
Moneys
in
the
fund
shall
not
be
transferred,
used,
14
obligated,
appropriated,
or
otherwise
encumbered
except
as
15
provided
in
this
section.
Interest
and
earnings
in
the
fund
16
shall
only
be
used
pursuant
to
appropriations
from
the
fund
by
17
the
general
assembly
for
purposes
of
abating
the
opioid
crisis
18
in
this
state,
which
may
include
but
are
not
limited
to
the
19
purposes
specified
in
chapter
123B.
20
3.
Notwithstanding
section
8.33,
moneys
in
the
fund
21
that
remain
unencumbered
or
unobligated
at
the
close
of
a
22
fiscal
year
shall
not
revert.
Notwithstanding
section
12C.7,
23
subsection
2,
interest
or
earnings
on
moneys
in
the
fund
shall
24
be
credited
to
the
fund.
25
Sec.
3.
NEW
SECTION
.
123B.1
Opioid
epidemic
response
26
advisory
council.
27
1.
a.
The
opioid
epidemic
response
advisory
council
is
28
established
to
develop
and
implement
a
comprehensive
and
29
effective
statewide
effort
to
address
the
opioid
addiction
and
30
overdose
epidemic
in
Iowa.
The
council
shall
consist
of
the
31
following
members,
appointed
by
the
director
of
the
department
32
of
health
and
human
services,
except
as
otherwise
provided:
33
(1)
Two
members
of
the
house
of
representatives,
one
34
appointed
by
the
speaker
of
the
house
and
one
appointed
by
the
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minority
leader
of
the
house,
who
shall
serve
as
ex
officio,
1
nonvoting
members.
2
(2)
Two
members
of
the
senate,
one
appointed
by
the
3
president
of
the
senate
and
one
appointed
by
the
minority
4
leader
of
the
senate,
who
shall
serve
as
ex
officio,
nonvoting
5
members.
6
(3)
One
member
appointed
by
the
board
of
pharmacy.
7
(4)
One
member
who
is
a
physician
and
surgeon
or
8
osteopathic
physician
and
surgeon
appointed
by
the
Iowa
medical
9
association.
10
(5)
One
member
who
represents
an
opioid
treatment
program,
11
sober
living
program,
or
substance
use
disorder
program.
12
(6)
One
member
appointed
by
the
Iowa
association
of
13
addiction
professionals
who
is
a
psychiatrist
specializing
in
14
the
treatment
of
addiction.
15
(7)
One
member
appointed
by
the
commissioner
of
the
16
department
of
public
safety.
17
(8)
One
member
who
represents
nonprofit
organizations
18
conducting
initiatives
to
address
the
opioid
epidemic.
19
(9)
One
member
appointed
by
the
Iowa
emergency
medical
20
services
association
who
is
serving
with
an
ambulance
service
21
as
an
emergency
medical
care
provider.
22
(10)
One
member
who
represents
the
Iowa
courts
who
is
a
23
judge.
24
(11)
One
member
who
is
a
resident
of
this
state
and
who
is
25
in
opioid
addiction
recovery.
26
(12)
One
member
appointed
by
the
director
of
the
office
of
27
drug
control
policy.
28
(13)
One
member
who
is
a
mental
health
advocate.
29
(14)
One
member
who
represents
the
Iowa
hospital
30
association.
31
(15)
One
member
who
represents
a
local
health
department.
32
(16)
The
directors
of
the
departments
of
health
and
human
33
services,
corrections,
and
management,
the
attorney
general,
34
and
the
state
public
defender,
or
their
designees,
who
shall
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serve
as
ex
officio,
nonvoting
members.
1
b.
The
director
of
the
department
of
health
and
human
2
services
shall
coordinate
the
director’s
appointments
to
3
provide,
to
the
extent
practicable,
geographic,
racial,
and
4
gender
diversity.
5
c.
The
council
shall
annually
elect
a
chair.
6
d.
The
chair
shall
convene
the
council
at
least
quarterly,
7
and
the
chair
may
convene
the
council
at
other
times
as
8
necessary.
The
chair
shall
convene
meetings
at
different
9
locations
in
the
state
to
provide
geographic
access
and
may
10
conduct
all
meetings,
other
than
one
meeting
per
year,
remotely
11
by
electronic
means.
12
e.
The
department
of
health
and
human
services
shall
provide
13
staffing
and
administrative
support
to
the
council.
14
f.
The
director
of
the
department
of
health
and
human
15
services
shall
convene
the
first
meeting
of
the
council
no
16
later
than
August
1,
2024.
17
g.
An
advisory
council
member
shall
disclose
to
the
council,
18
refrain
from
participating
in
discussions,
and
abstain
from
19
voting
on
any
matter
before
the
council
if
the
member
has
a
20
conflict
of
interest.
For
the
purposes
of
this
paragraph,
a
21
conflict
of
interest
is
a
financial
association
that
has
the
22
potential
to
bias
or
have
the
appearance
of
biasing
a
council
23
member’s
decision
related
to
council
activities
under
this
24
chapter.
25
2.
The
council
shall
focus
on
all
of
the
following:
26
a.
Primary
prevention,
secondary
prevention,
early
27
intervention,
and
education,
including
public
education
and
28
awareness
for
adults
and
youth,
prescriber
education,
the
29
development
and
sustainability
of
opioid
overdose
prevention
30
and
education
programs,
and
the
role
of
adult
protective
31
services
in
prevention
and
response.
32
b.
Training
on
the
treatment
of
opioid
addiction,
including
33
the
use
of
all
approved
opioid
addiction
medications,
34
detoxification,
relapse
prevention,
patient
assessment,
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individual
treatment
planning,
counseling,
recovery
supports,
1
diversion
control,
and
other
best
practices.
2
c.
The
expansion
and
enhancement
of
a
continuum
of
care
3
for
opioid-related
substance
use
disorders,
including
primary
4
prevention,
early
intervention,
treatment,
recovery,
and
5
aftercare
services.
6
d.
Supporting
efforts
to
prevent
or
reduce
deaths
from
7
opioid
overdoses
or
other
opioid-related
harms,
including
8
through
increasing
the
availability
or
distribution
of
naloxone
9
or
other
opioid
antagonists
for
use
by
a
family
member,
friend,
10
caregiver,
health
care
provider,
employee
of
a
substance
abuse
11
treatment
facility,
school
employee,
or
other
person
who
may
be
12
in
a
place
to
render
aid
to
a
person
at
risk
of
experiencing
an
13
opioid-related
overdose.
14
3.
The
council
shall
do
all
of
the
following:
15
a.
Review
local,
state,
and
federal
initiatives
and
16
activities
related
to
education,
prevention,
treatment,
and
17
services
for
individuals
and
families
experiencing
and
affected
18
by
opioid
use
disorder.
19
b.
Establish
priorities
to
address
the
state’s
opioid
20
epidemic
for
the
purposes
of
recommending
initiatives
to
fund.
21
c.
Recommend
to
the
legislative
council
specific
projects
22
and
initiatives
to
be
funded.
23
(1)
Until
such
time
as
all
opioid
settlement
moneys
have
24
been
received
by
the
state,
the
council
shall
recommend
grants
25
to
be
appropriated
from
the
opioid
settlement
fund
created
26
in
section
12.51.
The
council
shall
not
recommend
grants
in
27
excess
of
the
balance
of
the
opioid
settlement
fund.
28
(2)
After
all
settlement
moneys
have
been
received
by
the
29
state,
the
council
shall
recommend
grants
to
be
appropriated
30
from
the
opioid
settlement
future
fund
created
in
section
31
12.52.
The
council
shall
not
recommend
grants
in
excess
of
the
32
interest
held
in
the
opioid
settlement
future
fund.
33
d.
Ensure
that
available
funding
is
allocated
to
align
with
34
other
local,
state,
and
federal
funding
to
achieve
the
greatest
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impact
and
ensure
a
coordinated
state
effort.
1
e.
Consult
with
the
directors
of
the
departments
of
health
2
and
human
services
and
management
to
develop
measurable
3
outcomes
to
determine
the
effectiveness
of
funds
allocated.
4
f.
Develop
recommendations
for
an
administrative
and
5
organizational
framework
for
the
allocation,
on
a
sustainable
6
and
ongoing
basis,
of
moneys
deposited
in
the
opioid
settlement
7
fund
created
pursuant
to
section
12.51
and
the
opioid
8
settlement
future
fund
created
pursuant
to
section
12.52
in
9
order
to
address
the
opioid
abuse
and
overdose
epidemic
in
Iowa
10
and
the
areas
of
focus
specified
in
subsection
2.
11
4.
The
council,
in
consultation
with
the
director
of
the
12
department
of
health
and
human
services,
shall
select
from
the
13
projects
awarded
grants
pursuant
to
section
123B.2,
projects
14
that
include
promising
practices
or
theory-based
activities
15
for
which
the
director
of
the
department
of
health
and
human
16
services
shall
conduct
additional
research
and
experimental
17
evaluation.
A
project
selected
pursuant
to
this
subsection
18
must
be
administered
to
support
the
research
and
experimental
19
evaluation,
and
the
grantee
must
collect
and
report
information
20
that
is
needed
to
complete
the
research
and
experimental
21
evaluation.
22
5.
The
council,
in
consultation
with
the
directors
of
the
23
departments
of
health
and
human
services
and
public
safety,
24
shall
establish
goals
related
to
addressing
the
opioid
epidemic
25
and
determine
a
baseline
against
which
progress
shall
be
26
monitored
and
set
measurable
outcomes,
including
benchmarks.
27
The
goals
established
must
include
goals
for
prevention
and
28
public
health,
access
to
treatment,
and
multigenerational
29
impacts.
The
council
shall
use
existing
measures
and
data
30
collection
systems
to
determine
baseline
data
against
which
31
progress
shall
be
measured.
The
council
shall
include
32
the
proposed
goals,
the
measurable
outcomes,
and
proposed
33
benchmarks
in
the
council’s
initial
report
to
the
general
34
assembly
pursuant
to
section
123B.3,
subsection
1.
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Sec.
4.
NEW
SECTION
.
123B.2
Opioid
epidemic
response
1
grants.
2
1.
The
legislative
council
shall
award
grants
from
the
3
opioid
settlement
fund
created
pursuant
to
section
12.51
to
4
proposals
selected
by
the
advisory
council
that
address
the
5
priorities
identified
in
section
123B.1,
subsection
2.
No
more
6
than
three
percent
of
each
grant
awarded
shall
be
used
by
a
7
grantee
for
administration.
8
2.
The
chairperson
of
the
opioid
epidemic
response
advisory
9
council
shall
submit
a
report
of
the
grants
proposed
to
be
10
awarded
for
the
upcoming
fiscal
year
by
the
advisory
council
11
to
the
general
assembly
by
December
1,
2024,
and
annually
by
12
December
1
thereafter.
13
Sec.
5.
NEW
SECTION
.
123B.3
Opioid
epidemic
response
14
advisory
council
——
reports.
15
1.
The
opioid
epidemic
response
advisory
council
shall
16
annually
submit
a
report
to
the
general
assembly
by
January
17
31,
regarding
individual
projects
that
received
grants
and
the
18
overall
role
of
the
project
in
addressing
the
opioid
addiction
19
and
overdose
epidemic
in
Iowa.
The
report
shall
describe
the
20
grantees
and
the
activities
implemented,
along
with
measurable
21
outcomes
as
determined
by
the
council
in
consultation
with
the
22
director
of
the
department
of
health
and
human
services.
At
a
23
minimum,
the
report
shall
include
information
about
the
number
24
of
individuals
who
received
information
or
treatment,
the
25
outcomes
individuals
achieved
and
demographic
information
about
26
the
individuals
participating
in
the
project;
an
assessment
of
27
the
progress
toward
achieving
statewide
access
to
qualified
28
providers
and
comprehensive
treatment
and
recovery
services;
29
and
an
update
on
the
evaluations
implemented
by
the
director
of
30
the
department
of
health
and
human
services
for
the
promising
31
practices
and
theory-based
projects
that
receive
funding.
32
2.
The
director
of
the
department
of
health
and
human
33
services,
in
consultation
with
the
opioid
epidemic
response
34
advisory
council,
shall
report
to
the
general
assembly
when
35
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an
evaluation
described
in
section
123B.1,
subsection
4,
is
1
complete.
The
report
shall
include
demographic
information;
2
outcome
information
for
the
individuals
in
the
program;
the
3
results
of
the
program
in
promoting
recovery,
employment,
and
4
family
reunification;
reducing
involvement
in
the
criminal
5
justice
system;
and
other
relevant
outcomes.
The
report
shall
6
include
information
about
the
ability
of
grant
programs
to
be
7
scaled
to
achieve
statewide
results.
8
3.
The
opioid
epidemic
response
advisory
council,
in
9
its
annual
report
due
by
January
31,
2030,
shall
include
10
recommendations
on
whether
appropriations
and
grants
pursuant
11
to
this
chapter
should
be
continued,
adjusted,
or
discontinued,
12
whether
funding
should
be
appropriated
for
other
purposes
13
related
to
opioid
abuse
prevention,
and
on
the
appropriate
14
level
of
funding
for
existing
and
new
uses.
15
Sec.
6.
NEW
SECTION
.
123B.4
Standing
appropriation.
16
There
is
appropriated
annually
from
the
opioid
settlement
17
fund
created
pursuant
to
section
12.51
to
the
department
of
18
health
and
human
services
two
hundred
forty-nine
thousand
19
dollars
for
the
provision
of
administrative
services
to
20
the
opioid
epidemic
response
advisory
council
and
for
the
21
administration
of
grants
awarded
pursuant
to
section
123B.2.
22
Sec.
7.
OPIOID
OVERDOSE
PREVENTION
——
APPROPRIATION.
There
23
is
appropriated
from
the
opioid
settlement
fund
created
in
24
section
12.51
to
the
department
of
health
and
human
services
25
for
the
fiscal
year
beginning
July
1,
2023,
and
ending
June
30,
26
2024,
the
following
amount,
or
so
much
thereof
as
is
necessary,
27
to
be
used
for
the
purposes
designated,
except
that
if
this
28
Act
is
enacted
on
or
before
June
30,
2024,
the
moneys
are
29
appropriated
for
the
fiscal
year
beginning
July
1,
2024,
and
30
ending
June
30,
2025:
31
1.
For
providing
funding
for
the
extension
and
expansion
32
of
an
opioid
addiction
prevention
surgery
support
services
33
agreement
entered
into
by
the
Iowa
attorney
general’s
office
34
that
became
effective
October
1,
2022,
to
provide
surgery
care
35
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2427
management
services
for
ten
thousand
patients
to
facilitate
1
the
reduction
of
post-surgery
opioid
use
and
to
optimize
2
therapeutic,
humanistic,
and
economic
results
from
surgery
and
3
surgical
recovery:
4
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,834,680
5
2.
For
providing
funding
to
the
public
safety
survivor
6
benefits
fund
created
pursuant
to
section
80.47:
7
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
150,000
8
3.
For
establishment
of
a
youth
substance
use
treatment
9
and
recovery
campus
located
in
a
central
Iowa
county
with
10
a
population
between
ninety-eight
thousand
and
ninety-nine
11
thousand
based
on
the
2020
federal
decennial
census:
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
3,000,000
13
Sec.
8.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
14
importance,
takes
effect
upon
enactment.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
the
opioid
settlement
fund,
creates
19
the
opioid
settlement
future
fund,
and
establishes
the
opioid
20
epidemic
response
advisory
council
(advisory
council).
21
On
or
after
the
effective
date
of
the
bill,
half
of
the
state
22
portion
of
moneys
received
as
a
result
of
the
national
opioid
23
settlements
is
to
be
paid
into
the
existing
opioid
settlement
24
fund,
and
the
other
half
to
be
paid
into
the
opioid
settlement
25
future
fund
created
in
the
bill.
The
bill
also
requires
the
26
treasurer
of
state
to
transfer
half
of
the
moneys
currently
27
held
in
the
opioid
settlement
fund
to
the
opioid
settlement
28
future
fund
on
the
effective
date
of
the
bill.
Interest
and
29
earnings
on
moneys
in
the
opioid
settlement
future
fund
shall
30
be
credited
to
the
fund,
and
moneys
in
the
fund
that
remain
31
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
32
shall
not
revert.
Interest
and
earnings
in
the
fund
shall
be
33
appropriated
only
for
purposes
of
abating
the
opioid
crisis
in
34
this
state,
including
for
the
funding
of
grants
described
in
35
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the
bill.
1
The
bill
instructs
the
advisory
council
to
focus
on
matters
2
relating
to
opioid
addiction
and
overdoses,
governmental
3
responses
to
opioid
addiction
and
overdoses,
and
providing
4
metrics
by
which
such
responses
can
be
measured.
The
bill
5
provides
specific
membership
requirements
for
the
advisory
6
council
and
requires
the
department
of
health
and
human
7
services
(department)
to
provide
staffing
and
administrative
8
support
to
the
advisory
council.
9
The
bill
requires
the
advisory
council
to
identify
projects
10
related
to
opioid
addiction
and
overdoses
that
should
be
11
awarded
grants
from
the
opioid
settlement
fund
and
opioid
12
settlement
future
fund.
The
legislative
council
shall
then
13
award
grants
to
the
projects
that
address
the
priorities
14
identified
in
the
bill.
From
among
those
projects
awarded
15
grants,
the
bill
requires
the
advisory
council
to
identify
16
projects
that
include
promising
practices
or
theory-based
17
activities
for
which
the
director
of
the
department
shall
18
conduct
additional
research
and
experimental
evaluation.
19
The
bill
requires
the
chairperson
of
the
advisory
council
20
to
annually
report
to
the
general
assembly
regarding
grants
21
proposed
by
the
advisory
council
and
the
advisory
council
and
22
the
director
of
the
department
of
management
to
annually
report
23
to
the
general
assembly
regarding
the
efficacy
of
individual
24
projects
and
the
progress
made
with
respect
to
the
benchmarks
25
established
by
the
advisory
council.
The
annual
report
due
26
to
be
submitted
by
the
advisory
council
by
January
31,
2030,
27
shall
include
the
advisory
council’s
recommendations
regarding
28
the
continuation
of
grants
and
appropriations
from
the
opioid
29
settlement
fund.
30
The
bill
appropriates
$249,000
to
the
department
annually
31
from
the
opioid
settlement
fund
for
the
provision
of
32
administrative
services
to
the
advisory
council
and
for
the
33
administration
of
awarded
grants.
The
bill
also
appropriates
34
$6,834,680
to
the
department
for
the
extension
and
expansion
35
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2427
of
an
opioid
addiction
prevention
surgery
support
services
1
agreement
entered
into
by
the
Iowa
attorney
general’s
2
office,
effective
as
of
October
1,
2022,
to
provide
surgery
3
care
management
services
for
10,000
patients
to
facilitate
4
the
reduction
of
post-surgery
opioid
use
and
to
optimize
5
therapeutic,
humanistic,
and
economic
results
from
surgery
and
6
surgical
recovery,
$150,000
to
the
department
for
providing
7
funding
to
the
first
responder
fund,
and
$3
million
for
the
8
establishment
of
a
youth
substance
use
treatment
and
recovery
9
campus
in
a
central
Iowa
county
with
a
population
between
10
98,000
and
99,000
based
on
the
2020
federal
decennial
census.
11
The
bill
takes
effect
upon
enactment.
12
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