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S06757 Summary:

BILL NOS06757
 
SAME ASSAME AS A08459
 
SPONSORFERNANDEZ
 
COSPNSR
 
MLTSPNSR
 
Amd §25.18, Ment Hyg L
 
Clarifies that certain provisions related to statewide opioid settlement agreements shall cover settlements and releases related to any entities involved in the prescription drug marketing, supply and payment chain that may have contributed to the opioid epidemic through illegal conduct.
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S06757 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6757
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 24, 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 statewide  opioid
          settlement agreements
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 8 of subdivision (a)  of  section  25.18  of  the
     2  mental  hygiene  law,  as amended by chapter 171 of the laws of 2022, is
     3  amended to read as follows:
     4    8. "Statewide opioid settlement agreements" means agreements of state-
     5  wide applicability entered into on or after  June  first,  two  thousand
     6  twenty-one  by  the  office  of  the attorney general, including but not
     7  limited to consent judgments, consent  decrees  filed  or  unfiled,  and
     8  related  agreements  or  documents between the state and [certain opioid
     9  manufacturers, distributors, dispensers, consultants, chain  pharmacies,
    10  related entities, and/or the New York subdivisions, to provide remunera-
    11  tion]  any  party, the purpose of which is to resolve claims for conduct
    12  related to the manufacture, promotion, dispensing, sale, overutilization
    13  and/or distribution of opioid products which are consistent with  subdi-
    14  vision  sixteen  of  section sixty-three of the executive law. Copies of
    15  such agreements, including any amendments thereto, shall be kept on file
    16  by the attorney general, who shall make such  available  for  inspection
    17  and  copying  pursuant  to  the  provisions of article six of the public
    18  officers law.
    19    § 2. Subdivision (d) of section 25.18 of the mental  hygiene  law,  as
    20  amended  by  chapter  171  of  the  laws  of 2022, is amended to read as
    21  follows:
    22    (d) Limitation on authority of government entities to bring  lawsuits.
    23  No  government entity shall have the authority to assert released claims
    24  against entities released by the department of law in a statewide opioid

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11105-02-5

        S. 6757                             2
 
     1  settlement agreement executed by the department of law and the  released
     2  party  on or after June first, two thousand twenty-one. Any action filed
     3  by a government entity  after  June  thirtieth,  two  thousand  nineteen
     4  asserting  released  claims  against  a  [manufacturer,  distributor, or
     5  dispenser of opioid products]  released  party  in  a  statewide  opioid
     6  settlement  agreement,  shall  be  extinguished by operation of law upon
     7  being released pursuant to such statewide opioid settlement agreement.
     8    § 3. This act shall take effect immediately.
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