Delaware Code Title 16 Sec. 4803B – Prescription Opioid Impact Fund
(a) A special fund known as the Prescription Opioid Impact Fund (“Impact Fund”) is established and the State Treasurer shall invest the Impact Fund consistent with the investment policies established by the Cash Management Policy Board. The State Treasurer shall credit interest to the Impact Fund on a monthly basis consistent with the rate established by the Cash Management Policy Board. The Impact Fund shall be administered collectively with the Prescription Opioid Settlement Fund under § 5196B of this title.
Terms Used In Delaware Code Title 16 Sec. 4803B
- Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) The following moneys must be deposited in the Impact Fund:
(1) All impact fees collected by the State under § 4804B of this title.
(2) [Repealed.]
(3) Any other money appropriated or transferred to the Impact Fund by the General Assembly.
(c) Money in the Impact Fund must be used for activities in 1 or more of the following categories:
(1) Opioid addiction prevention.
(2) The following opioid addiction services:
a. Inpatient and outpatient treatment programs and facilities, including short-term and long-term residential treatment programs and recovery residences.
b. Services relating to treating substance use disorder for the under-insured and uninsured.
c. Emergency assistance relating to prescription opioids, including purchasing pharmaceuticals used to reverse the effect of an opioid overdose.
d. Peer support programs.
e. Services to address adverse social determinants of health which act as a barrier to recovery, including family support services.
(3) The cost of administering this chapter, as follows:
a. No more than 15% of the money annually deposited into the Impact Fund may be used for administering this chapter including expenses incurred by the Prescription Monitoring Program under this chapter.
b. Entering into contracts to implement this chapter, including contracts entered into by the Secretary of the Department of Health and Social Services or the Secretary of State for administration of this chapter.
c. Costs incurred by the Attorney General to bring an action to enforce this chapter must be covered by the Impact Fund and are not subject to or included in the 15% cap on administrative expenses.
(d) Money in the Impact Fund may not be used to supplant existing state or local government funding.
(e) The Behavioral Health Consortium shall distribute the money in the Impact Fund based upon the recommendations of the Prescription Opioid Settlement Distribution Commission.
(f) Money appropriated by the General Assembly to implement this chapter must be reimbursed from money received under this section.