Okla. Admin. Code § 75:50-3-2

Current through Vol. 42, No. 3, October 15, 2024

Section 75:50-3-2 - Opioid grant award restrictions and requirements

(a) Upon submitting an application, an applicant must also submit a memorialized plan for the utilization or expenditure of opioid funds. Such plan may be in the form in a resolution or equivalent government action adopted by the political subdivision and submitted to the Board with the application. Documentation evincing such government action may include, but is not limited to, the following:

(1) A resolution, as allowed by law, adopted through a publicly cast and recorded vote;

(2) An ordinance, or its equivalent, that has been approved through a publicly cast and recorded vote; or

(3) An abatement plan or budget that has been approved through a publicly cast and recorded vote.

(b) When submitting an application under section 1 of this subchapter, an applicant may not rely on a resolution or other general delegation of authority to a chief executive officer or equivalent position for seeking grants.

(c) All approved purposes listed in an Applicant's Application and Form shall relate to strategies, programming and services occurred on or after January 1, 2015, to be eligible for opioid grant award funding.

(d) For an Applicant to receive a grant award, the Board may, subject to terms under any settlement agreement related to the opioid pharmaceutical supply chain, require an applicant to execute a release of claims on a form created and approved by the Attorney General. The release form may be included in the Application. The release shall only apply to and release claims against any opioid supply chain participants or consultants for which the State of Oklahoma has joined a multiparty settlement or reached a settlement agreement with, including Purdue Pharmaceuticals, Teva Pharmaceutical Industries Ltd., Endo Pharmaceuticals, AmerisourceBergen, Cardinal Health, McKesson Corp., McKinsey & Company, CVS, Allergan, Walmart, and Walgreens.

(e) To the extent that any recipient remains in litigation, it may elect to delay receipt of any disbursements of its opioid grant award on a form developed by the Office of the Attorney General staff.

(f) A recipient may contract or partner with a nonprofit organization or other applicant for the purpose of using its grant award for approved purposes; however, the grantee shall remain responsible for complying with all grant requirements. Any contract entered into by a grantee shall be done in compliance with applicable purchasing laws and guidelines.

(g) A recipient is not permitted to subgrant its grant award to a subgrantee. For the purposes of this chapter, "subgrant" means the provision of a grant award and whereby all the regulations and requirements that apply to the grantee are passed on to the subgrantee, making the grantee a pass-through entity. "Subgrantee" means any entity receiving the grant award through a subgrant from a grantee.

(h) In the event a recipient merges, dissolves or ceases to exist as described under 74 O.S. § 30.8(C), the recipient must give prompt notice to the Board and the Office of the Attorney General, including the following information:

(1) The amount of any remaining allocations of an awarded opioid grant award in excess of Five Hundred Dollars ($500.00);

(2) The name of the proposed successor recipient, if any;

(3) Point of contact information for the proposed successor recipient, if any; and

(4) Utilize the Political Subdivision Opioid Abatement Grant Award Quarterly Reporting Form to submit a final report of expenditures prior to the merger, dissolution, or permanent closure.

(i) In its discretion, the Board shall determine whether any of the Recipient's remaining allocations shall be made to the proposed successor recipient, or returned to the Board. Any successor recipient shall meet the requirements to be a recipient prior to receiving the balance of the grant award disbursement. In addition, prior to receiving grant funds, the successor recipient must submit documentation requested by the Board and execute any and all documents required by the Board.

(j) All grant funding is contingent upon the availability of funds and upon approval of a grant application by the Board. Neither this subsection nor a grant agreement creates any entitlement or right to grant funds by a grant applicant.

Okla. Admin. Code § 75:50-3-2

Adopted by Oklahoma Register, Volume 41, Issue 13, March 15, 2024, eff. 2/2/2024, exp. 9/14/2024 (Emergency)

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024