Opioid Settlement Fund and Advisory Council; bring forward sections creating.

H. B. No. 1760 *HR26/R2288* ~ OFFICIAL ~ G1/2
26/HR26/R2288
PAGE 1 (RF\KW)

To: Public Health and Human
Services; Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Creekmore IV, Scott

HOUSE BILL NO. 1760

AN ACT TO BRING FORWARD SECTIONS 27-103-305 AND 27-103-305.1, 1
MISSISSIPPI CODE OF 1972, WHICH CREATED THE OPIOID SETTLEMENT FUND 2
AND PROVIDES FOR THE EXPENDITURE OF ABATEMENT SETTLEMENT FUNDS AND 3
NONABATEMENT SETTLEMENT FUNDS, FOR THE PURPOSE OF POSSIBLE 4
AMENDMENT; TO BRING FORWARD SECTION 41-153-1, MISSISSIPPI CODE OF 5
1972, WHICH CREATED THE MISSISSIPPI OPIOID SETTLEMENT FUND 6
ADVISORY COUNCIL, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO CREATE 7
THE MISSISSIPPI OPIOID RESPONSE CENTER OF EXCELLENCE ACT TO 8
ESTABLISH AND FUND A COORDINATED SYSTEM OF EVALUATION AND 9
TECHNICAL ASSISTANCE FOR MISSISSIPPI OPIOID SETTLEMENT GRANTEES; 10
TO PROVIDE THAT THE MISSISSIPPI OPIOID RESPONSE CENTER OF 11
EXCELLENCE (MSORCE) IS CREATED WITH AND SHALL BE ADMINISTERED BY 12
THE MISSISSIPPI PUBLIC HEALTH INSTITUTE; TO PRESCRIBE THE DUTIES 13
AND RESPONSIBILITIES OF THE CENTER REGARDING OPIOID ABATEMENT, 14
TECHNICAL ASSISTANCE, AND DATA EVALUATION; AND FOR RELATED 15
PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. Section 27-103-305, Mississippi Code of 1972, is 18
brought forward as follows: 19
27-103-305. (1) There is created in the State Treasury a 20
special fund to be known as the Opioid Settlement Fund. The fund 21
shall consist of the monies received by the Attorney General on 22
behalf of the State of Mississippi from settlements of opioid 23
litigation with distributors Cardinal Health, McKesson and 24
AmerisourceBergen, manufacturers Purdue Pharma, Inc., Janssen 25
H. B. No. 1760 *HR26/R2288* ~ OFFICIAL ~
26/HR26/R2288
PAGE 2 (RF\KW)

Pharmaceuticals/Johnson & Johnson, Allergan and Teva, and pharmacy 26
chains CVS, Walgreens, Walmart, and Kroger, and other defendants 27
of related opioid litigation. The Attorney General shall deposit 28
all of such monies into the fund after attorney fees and expenses 29
have been paid. 30
(2) Abatement settlement funds shall be disbursed upon 31
appropriation by the Legislature in accordance with the 32
requirements of Section 1 of this act. 33
(3) For abatement settlement funds, the Attorney General 34
shall oversee the expenditure of such monies to ensure compliance 35
with the opioid settlements. 36
(4) Nonabatement settlement funds shall be disbursed upon 37
appropriation by the Legislature without any recommendations by 38
the council regarding the use of those monies. 39
(5) Unexpended amounts remaining in the fund at the end of a 40
fiscal year shall not lapse into the State General Fund, and any 41
interest earned or investment earnings on amounts in the fund 42
shall be deposited into such fund. 43
SECTION 2. Section 27-103-305.1, Mississippi Code of 1972, 44
is brought forward as follows: 45
27-103-305.1. For nonabatement settlement funds, the 46
Attorney General shall have ultimate oversight authority to ensure 47
that no more than thirty percent (30%) of the settlement monies 48
are expended for nonabatement. 49
H. B. No. 1760 *HR26/R2288* ~ OFFICIAL ~
26/HR26/R2288
PAGE 3 (RF\KW)

SECTION 3. Section 41-153-1, Mississippi Code of 1972, is 50
brought forward as follows: 51
41-153-1. (1) As used in this act, Section 27-103-305 and 52
Section 27-103-305.1, the following terms shall have the meanings 53
as defined in this subsection unless the context clearly requires 54
otherwise: 55
(a) "Council" means the Mississippi Opioid Settlement 56
Fund Advisory Council created in subsection (2) of this section. 57
(b) "Opioid settlements" means the current and future 58
settlements of opioid litigation with distributors Cardinal 59
Health, McKesson and AmerisourceBergen, manufacturers Purdue 60
Pharma, Inc., Janssen Pharmaceuticals/Johnson & Johnson, Allergan 61
and Teva, and pharmacy chains CVS, Walgreens, Walmart, and Kroger, 62
and other defendants of related opioid litigation. 63
(c) "Abatement settlement funds" means those monies 64
from the opioid settlements that are required to be spent on 65
opioid abatement programs, goods and services. 66
(d) "Nonabatement settlement funds" means those monies 67
from the opioid settlements that are not required to be spent on 68
opioid abatement programs, goods and services. 69
(2) There is created the Mississippi Opioid Settlement Fund 70
Advisory Council to ensure that monies received and deposited into 71
the Opioid Settlement Fund are allocated and spent in accordance 72
with the terms of the opioid settlements, except as otherwise 73
authorized in Section 27-103-305(4), and to ensure public 74
H. B. No. 1760 *HR26/R2288* ~ OFFICIAL ~
26/HR26/R2288
PAGE 4 (RF\KW)

involvement, accountability and transparency in allocating and 75
accounting for the monies in the fund. 76
(3) The purpose of the council is to review applications for 77
grants funded by the proceeds of opioid settlements and to make 78
recommendations to the Legislature for the appropriation of such 79
proceeds to fund the grants. 80
(4) The Legislature may accept or reject each of the 81
council's grant recipient recommendations, but shall not otherwise 82
amend or modify the recommended list of grant recipients or the 83
amounts recommended for the recipients. The council shall not 84
exclude any qualified applicant from the list provided to the 85
Legislature under subsection (11) of this section. 86
(5) The council shall consist of the following voting 87
members: 88
(a) The Attorney General or a designee, who shall serve 89
as chair of the council; 90
(b) The State Health Officer or a designee, who shall 91
serve as co-vice chair of the council; 92
(c) The Executive Director of the State Department of 93
Mental Health or a designee, who shall serve as co-vice chair of 94
the council; 95
(d) Two (2) members appointed by the Governor; 96
(e) Two (2) members appointed by the Lieutenant 97
Governor who are not members of the Legislature; 98
H. B. No. 1760 *HR26/R2288* ~ OFFICIAL ~
26/HR26/R2288
PAGE 5 (RF\KW)

(f) Two (2) members appointed by the Speaker of the 99
House of Representatives who are not members of the Legislature; 100
(g) A member appointed by the Chief Justice of the 101
Mississippi Supreme Court; 102
(h) A member to be appointed by the State 103
Superintendent of Public Education; 104
(i) A member of the Mississippi Municipal League to be 105
appointed by the President of the League; 106
(j) A member of the Mississippi Association of 107
Supervisors to be appointed by the President of the Association; 108
(k) A member of the Mississippi Association of Chiefs 109
of Police to be appointed by the President of the Association; and 110
(l) A member of the Mississippi Sheriffs' Association 111
to be appointed by the President of the Association. 112
(6) The following shall be nonvoting, advisory members of 113
the council: 114
(a) A member of the Mississippi Prosecutors Association 115
to be appointed by the President of the Association; 116
(b) A member of the Office of State Public Defender 117
appointed by the State Public Defender; 118
(c) Three (3) judges with experience related to opioid 119
substance abuse and intervention to be appointed by the Chief 120
Justice of the Mississippi Supreme Court; 121
H. B. No. 1760 *HR26/R2288* ~ OFFICIAL ~
26/HR26/R2288
PAGE 6 (RF\KW)

(d) A member representing the Mississippi Division of 122
Medicaid to be appointed by the Executive Director of the 123
Division; 124
(e) A member representing the Mississippi Department of 125
Human Services to be appointed by the Executive Director of the 126
Department; 127
(f) A member to be appointed by the Commissioner of the 128
Department of Public Safety; 129
(g) A member to be appointed by the Commissioner of 130
Child Protection Services; 131
(h) A member of the Mississippi State Medical 132
Association to be appointed by the President of the Association; 133
(i) A member of the Mississippi Society of Addiction 134
Medicine to be appointed by the President of the Society; 135
(j) A member representing the Community Mental Health 136
Centers to be appointed by the Executive Director of the State 137
Department of Mental Health; 138
(k) A member representing the Community Health Centers 139
to be appointed by the State Health Officer; 140
(l) A member representing private sector substance 141
abuse treatment facilities to be appointed by the State Health 142
Officer; 143
(m) A member representing a peer support recovery 144
specialist organization to be appointed by the Executive Director 145
of the State Department of Mental Health; 146
H. B. No. 1760 *HR26/R2288* ~ OFFICIAL ~
26/HR26/R2288
PAGE 7 (RF\KW)

(n) The Medical Director of the State Department of 147
Mental Health or a designee; 148
(o) A member from the State Intervention Courts 149
Advisory Committee to be appointed by the Chief Justice of the 150
Mississippi Supreme Court; 151
(p) A member representing the Mississippi Ambulance 152
Alliance to be appointed by the Board of the Alliance; 153
(q) Two (2) members of the Senate to be appointed by 154
the Lieutenant Governor; and 155
(r) Two (2) members of the House to be appointed by the 156
Speaker of the House. 157
(7) Voting members may request to add additional nonvoting, 158
advisory members with expertise in opioid prevention, treatment 159
and recovery. Such members may be added by a majority vote of the 160
voting members. 161
(8) (a) Members of the council pursuant to subsection 162
(5)(a) through (c) shall serve permanently during their tenure in 163
their respective offices. 164
(b) Members appointed pursuant to subsection (5)(d) 165
through (f) of this section shall serve an initial term ending on 166
December 31, 2027. After the expiration of the initial term, each 167
such appointment shall be for a term of four (4) years from the 168
expiration date of the previous term. 169
(c) All other members of the council shall serve for a 170
three-year term. 171
H. B. No. 1760 *HR26/R2288* ~ OFFICIAL ~
26/HR26/R2288
PAGE 8 (RF\KW)

(d) The respective appointing authority may remove a 172
member for failure to attend at least one-half (1/2) of the 173
scheduled meetings in any one-year period or for other good cause. 174
(e) If a vacancy on the council occurs, the respective 175
appointing authority shall fill the vacancy for the remainder of 176
the unexpired term. Notwithstanding the expiration of a member's 177
term, each member shall serve until a successor is duly appointed. 178
(f) Members of the council shall be appointed within 179
sixty (60) days after effective date of this act. The chair of 180
the council shall call the first meeting of the council no later 181
than ninety (90) days after the effective date of this act. 182
(g) A majority of the voting members of the council 183
shall constitute a quorum. 184
(9) Members of the council shall serve without compensation 185
but may be reimbursed for actual and necessary expenses incurred 186
in the performance of their duties, in accordance with Section 187
25-3-41. All such expenses shall be paid from the Opioid 188
Settlement Fund and not from the State General Fund. 189
(10) The council shall be housed within the Office of the 190
Attorney General. The Attorney General shall provide the staff 191
and facilities necessary to assist the council in the performance 192
of its duties. 193
(11) The council shall: 194
H. B. No. 1760 *HR26/R2288* ~ OFFICIAL ~
26/HR26/R2288
PAGE 9 (RF\KW)

(a) Prepare and publish a list of priorities to guide 195
the selection of grant recipients at its first meeting of each 196
calendar year; 197
(b) Develop and publish criteria and procedures for the 198
submission of grant applications for funds derived from opioid 199
settlements; 200
(c) Review and evaluate applications based on 201
established criteria to determine the most effective and impactful 202
use of funds in addressing opioid-related issues, including 203
prevention, treatment and recovery efforts; 204
(d) Ensure that all applications are reviewed and 205
evaluated for compliance with the terms of the opioid settlement 206
agreements; 207
(e) Prepare a prioritized list of recommended grant 208
recipients, which includes a description of how each recommended 209
recipient complies with the council's published priorities; and 210
(f) Upon approval of the total list of recommended 211
grant recipients by the council, the list of recommended grant 212
recipients shall be submitted to the Lieutenant Governor, Speaker 213
of the House, Chairs of the Senate and House Appropriations 214
Committees, Chairs of the Senate Public Health and Welfare and 215
House Public Health and Human Services Committees, and Chairs of 216
the Senate and House Judiciary A Committees no later than thirty 217
(30) days before the first day of the Regular Legislative Session. 218
H. B. No. 1760 *HR26/R2288* ~ OFFICIAL ~
26/HR26/R2288
PAGE 10 (RF\KW)

(12) The council shall not exclude any qualified applicant 219
from the list provided to the Legislature under subsection (11) of 220
this section. 221
(13) The council shall ensure that all funds appropriated 222
comply with the terms and conditions of the respective settlement 223
agreements and state laws governing the use of such funds, except 224
as otherwise authorized in Section 27-103-305(4). 225
(14) The council shall adopt necessary rules, regulations 226
and procedures to effectuate the purposes of this act and to 227
ensure that a grant applicant expends all grant funds in a manner 228
consistent with the terms of the opioid settlement agreements. 229
(15) The council shall terminate when all opioid settlement 230
funds being paid pursuant to the opioid settlements have been 231
received and disbursed, unless the Attorney General certifies that 232
additional funds are anticipated within one (1) year. 233
(16) (a) By December 1 of each year, the council shall 234
submit an annual report to the Legislature and the Governor 235
summarizing the distribution of funds, outcomes of funded 236
programs, and any recommendations for improving the process of 237
appropriation and administration of settlement funds. 238
(b) The report shall be made publicly available on the 239
Attorney General's website. 240
SECTION 4. (1) This section shall be known as the 241
“Mississippi Opioid Response Center of Excellence Act." 242
H. B. No. 1760 *HR26/R2288* ~ OFFICIAL ~
26/HR26/R2288
PAGE 11 (RF\KW)

(2) The purpose of this section is to establish and fund a 243
coordinated system of evaluation and technical assistance for 244
Mississippi opioid settlement grantees. 245
(3) The Mississippi Opioid Response Center of Excellence 246
(MSORCE) is created with and shall be administered by the 247
Mississippi Public Health Institute, a not-for-profit corporation 248
created in Mississippi in 2011, with the mission to “Engage in 249
partnerships and activities that Improve Mississippi’s health.” 250
Mississippi Public Health Institute has a deep understanding of 251
the opioid epidemic, provides comprehensive evaluation and 252
technical assistance and training services to organizations in 253
Mississippi, regionally across Health and Human Services Public 254
Health Region IV. 255
(3) (1) In collaboration with the Mississippi Opioid 256
Settlement Advisory Committee and the Mississippi Attorney 257
General’s Office, MSORCE at Mississippi Public Health Institute 258
shall engage in the following, but not limited to, activities: (a) 259
the provision of opioid abatement-focused technical assistance to 260
all other grantees, particularly those with less program 261
implementation experience, to optimize grantee performance and 262
thereby reduce opioid mortality and morbidity statewide; (b) the 263
delivery of opioid-related knowledge and skill-based training on 264
the epidemic, the scope of its impact, and most importantly, the 265
optimization of opioid abatement strategies to maximize grantee 266
effort and efficiency; and (c) the provision of comprehensive 267
H. B. No. 1760 *HR26/R2288* ~ OFFICIAL ~
26/HR26/R2288
PAGE 12 (RF\KW)
ST: Opioid Settlement Fund and Advisory
Council; bring forward sections creating.
cross-site evaluation services to ensure grantee performance 268
monitoring, including a composite portrait (data dashboards, etc.) 269
depicting the overall impact of the initiative. 270
SECTION 5. This act shall take effect and be in force from 271
and after July 1, 2026. 272