Tennessee HB 491: Opioids - As enacted, adds Amneal Pharmaceuticals LLC, Hikma Pharmaceuticals USA Inc., Sun Pharmaceutical Industries, Inc., Indivior Inc., Viatris Inc., and Purdue Pharma L.P. to the list of companies that may be released by the attorney general and reporter for pending or future claims regarding opioids. - Amends TCA Title 20 and Title 33.

Bill Text

Senate Judiciary 1

Amendment No. 1 to SB0048

Gardenhire
Signature of Sponsor

AMEND Senate Bill No. 48* House Bill No. 491

SA0041
003999
- 1 -
by deleting all language after the enacting clause and substituting instead the following:
SECTION 1. Tennessee Code Annotated, Section 20-13-203, is amended by deleting
the section and substituting instead the following:
Upon written approval of the governor and comptroller of the treasury, the
attorney general and reporter has the authority to release any pending or future claim of
governmental entities against McKesson Corporation, Cardinal Health, Inc.,
AmerisourceBergen Corporation, Johnson & Johnson, Allergan Finance, LLC, CVS
Health Corporation, Teva Pharmaceutical Industries Ltd., Walgreen Co., Walmart Inc.,
K-VA-T Food Stores, Inc., The Kroger Co., Amneal Pharmaceuticals LLC, Hikma
Pharmaceuticals USA Inc., Indivior Inc., Sun Pharmaceutical Industries, Inc., Viatris Inc.,
and Purdue Pharma L.P. and affiliates, subsidiaries, and other entities related to these
companies that are released in the McKesson Corporation, Cardinal Health, Inc.,
AmerisourceBergen Corporation, Johnson & Johnson, Allergan Finance, LLC, CVS
Health Corporation, Teva Pharmaceutical Industries Ltd., Walgreen Co., Walmart Inc.,
K-VA-T Food Stores, Inc., The Kroger Co., Amneal Pharmaceuticals LLC, Hikma
Pharmaceuticals USA Inc., Indivior Inc., Sun Pharmaceutical Industries, Inc., Viatris Inc.,
and Purdue Pharma L.P. settlement agreements or bankruptcy plans and related

- 2 - 003999
agreements for activities related to the manufacture, marketing, distribution, dispensing,
or sale of opioids, or related activities, if the attorney general and reporter deems the
release necessary to the interest of the state in the resolution of the opioid crisis.
SECTION 2. Tennessee Code Annotated, Section 33-11-103(p), is amended by
deleting subsection (p) and substituting instead the following:
(p) For proceeds received from a statewide opioid settlement agreement or
bankruptcy plan and related agreements with McKesson Corporation, Cardinal Health,
Inc., AmerisourceBergen Corporation, Johnson & Johnson, Allergan Finance, LLC, CVS
Health Corporation, Teva Pharmaceutical Industries Ltd., Walgreen Co., Walmart Inc.,
K-VA-T Food Stores, Inc., The Kroger Co., Amneal Pharmaceuticals LLC, Hikma
Pharmaceuticals USA Inc., Indivior Inc., Sun Pharmaceutical Industries, Inc., Viatris Inc.,
or Purdue Pharma L.P. or affiliates, subsidiaries, or other related entities that are
deposited in the opioid abatement fund, the council shall disburse thirty-five percent
(35%) of these proceeds to counties that join the settlement. The council shall disburse
these proceeds to counties subject of subsections (q)–(s). The council shall disburse
the remaining sixty-five percent (65%) of such proceeds for statewide, regional, or local
opioid abatement and remediation purposes pursuant to § 33-11-105.
SECTION 3. If any provision of this act or its application to any person or circumstance
is held invalid, the invalidity does not affect other provisions or applications of the act that can
be given effect without the invalid provision or application, and to that end, the provisions of this
act are severable.
SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.