SPOTLIGHT ON: HIGH COURT HANDS WIN TO STATES, LOCALS FOOD In a 5-4 decision, the Supreme Court ruled Thursday that states and local gov- INSECURITY ernments can require internet retailers to collect sales taxes, even if the online company has no physical presence like a factory or store, in the state. See SCOTUS PG. 3 NATIONAL ASSOCIATION of COUNTIES VOL. 50, NO. 13 JUNE 25, 2018 How counties are tackling hunger Pg. 9 Operators of the Veggie Van visit with children in McLennan County, Texas. The Veggie Van brings healthy foods to food deserts in the Learn about one region. Read more about ways counties combat food insecurity in the Spotlight report starting on page 9. Photo courtesy of World Hunger Relief county’s campaign to Relief for opioid crisis PILT counties: Feds attract grocers takes shape in Congress may owe you money to a food desert Valerie Brankovic eral policy actions to address the By Jonathan Shuffield the underpayments of all oth- Pg. 12 legislative assistant crisis, including tweaks to Med- associate legislative director er PILT recipients nationwide icaid and Medicare that could for those years. In December, Congress is expected to con- expand treatment options, as In 2008, Congress signifi- the court ruled in Kane Coun- tinue working this summer to- well as the creation of education cantly amended the Payments ty’s favor for FY2015 and 2016 ward an opioid legislative pack- and technical assistance pro- In-Lieu of Taxes (PILT) stat- underpayments and issued a age following a flurry of action grams for health care providers ute by mandating full funding similar ruling on FY2017 un- around the issue on Capitol Hill treating patients with substance through 2014. Congress also derpayments in March 2018. during May and June. The opi- use disorders. repealed the original statute The federal government ar- oid epidemic has figured as a House members plan to use language that made the pro- gued in court that despite Con- prominent issue for legislators the remainder of the June leg- gram discretionary and subject gress’ removal of the original over the past several months, islative session to vote on ad- to the annual congressional statute language treating PILT and committees in the House ditional bills, with the goal of appropriations process. Due as a discretionary program, and Senate have considered sending a comprehensive pack- to insufficient appropriations Congress placed the 2008– numerous proposals that aim age to the Senate. On June 13, for 2015–2017, PILT recipients 2014 timeline limitation on the to curb the sharp rise in opioid Energy and Commerce Com- did not receive the full amount current statute language mak- overdoses and deaths across the mittee leadership introduced to which they were entitled un- ing PILT mandatory. Federal country. legislation, titled the Substance der the PILT statute based on Judge Elaine Kaplan disagreed, Of the more than 60 opioid Use-Disorder Prevention that the Department of the Interi- calling the government’s argu- measures introduced for con- Promotes Opioid Recovery and or’s full payment calculation. ment “untenable.” sideration in the House, legis- Support (SUPPORT) for Patients As a result, Kane County, In her December 2017 rul- lators recently passed 38 indi- and Communities Act (H.R. 6), Utah filed a lawsuit in the U.S. ing, Judge Kaplan elaborated vidual bills, most of which are that will serve as the underlying Court of Federal Claims in that the federal government bipartisan and narrow in scope. June 2017, seeking to recover The bills propose an array of fed- See OPIOIDS page 2 its own underpayments and See PILT page 2 2 JUNE 25, 2018 NATIONAL ASSOCIATION of COUNTIES COUNTY NEWS Congress continues to push legislation to help relieve opioid epidemic From OPIOIDS page 1 Lessen (HEAL) Substance Use try Act (H.R. 4005), which would the Comprehensive Addiction projected impact of each mea- Disorders Act and the Judiciary direct the Department of Health Resources Emergency (CARE) sure on county governments. vehicle to move most of the ap- Committee advanced five piec- and Human Services (HHS) to Act (S. 2700/H.R. 5545), which The analysis is available on the proved House bills forward as a es of legislation that focus on the issue best practices around pro- would make direct investments NACo website and will be up- package. public safety and law enforce- viding health care for justice-in- in state and local agencies op- dated to reflect new legislative As part of the Senate’s broader ment aspects of the epidemic. volved individuals returning to erating on the frontlines of the developments. efforts around the opioid crisis, their communities from county epidemic, including emergency the Health, Education, Labor Proposals could correctional facilities. first responders, public health Path forward for opioid and Pensions (HELP) Commit- impact local response Two other NACo-supported departments and regional epi- package remains tee in May advanced the Opioid to opioid crisis measures focus on better coor- demiology centers. unclear Crisis Response Act (S. 2680), a Several bills underway in dinating care for individuals with Modeled after the Ryan White Looking ahead, the timeline single, but wide-ranging bill that Congress could impact the local substance use disorders. One Comprehensive AIDS Resourc- for an opioid package remains includes measures intended to response to the opioid epidemic of these bills, the Overdose Pre- es Emergency Act passed in unclear. House leaders plan to expand patients’ access to med- if enacted. NACo is closely track- vention and Patient Safety Act 1990, the CARE Act would com- hold a series of votes ahead of ication-assisted treatment and ing the progress of each bill. (H.R. 6082), would allow for in- mit $100 billion in federal fund- the July recess that could fold train first responders to admin- Two of these bills are now slat- formation-sharing between be- ing over 10 years toward a wide the bills passed in May and June ister overdose antidote drugs. ed for a floor vote in the House havioral health and other health range of research, treatment and into the House’s legislative vehi- Other Senate committees and focus on expanding Med- providers treating addiction, a recovery activities, with special cle for the bills, H.R. 6. have also approved propos- icaid treatment options for jus- long-standing NACo priority. focus given to counties and cit- The Senate, however, is still als that could be combined tice-involved individuals. One The other bill, the Improv- ies disproportionately affected considering various proposals with S. 2680 into a broader set such bill is the At-Risk Youth ing Access to Behavioral Health by the epidemic. and may wait until the House of bills. In June, the Senate Fi- Medicaid Protection Act (H.R. Information Technology Act Other proposals that could advances a final bundle of leg- nance Committee passed the 1925), which would streamline (S. 1732/H.R. 3331), would di- improve counties’ ability to islation. Senate Majority Leader Helping to End Addiction and the delivery of addiction treat- rect the Centers for Medicare respond to the crisis focus on Mitch McConnell (R-Ky.) has ment services for juveniles re- and Medicaid Innovation to improving prescription drug indicated he could delay move- leased from county correctional incentivize health information monitoring programs (PDMPs), ment on the bills until after mid- facilities. This measure could technology demonstrations for expanding telehealth options term elections in November. help counties provide effective behavioral health providers, for patients in remote areas and Congress must also weigh STATES WITH LOWEST treatment and care coordination including approximately 750 enhancing family-focused resi- legislative priorities beyond the UNEMPLOYMENT RATES services pre- and post-release, county-based behavioral health dential treatment programs es- opioid bills, including reauthori- APRIL 2016 allowing smoother transitions to authorities. This measure could tablished under the Family First zation of the farm bill and other community care for justice-in- support the integration of health Prevention Services Act. federal programs, as well as the volved youth. information into local care de- In May, NACo released a leg- completion of spending bills be- NACo supported another livery systems. islative analysis of bills moving fore the end of FY 2018 on Sept. House bill, the Medicaid Reen- In the Senate, NACo endorsed through Congress, as well as the 30. Class action lawsuit aims to recover PILT underpayments From PILT page 1 vision of law by implication.” of time before issuing of pay- It is also unclear if the govern- STATE UNEMPLOYMENT The court also certified the ments remain unsettled issues. ment will appeal the rulings. RATE “is urging the Court to read lawsuit as a class action, and Hawaii ..................................2.0 the current statute as though it ordered that an official notice HOW TO JOIN THE CLASS ACTION SUIT New Hampshire .....................2.6 still contained the limiting lan- of the formation of a class be North Dakota ........................2.6 guage that Congress repealed sent to each underpaid PILT o participate in the class action lawsuit and collect possible Maine ...................................2.7 in October of 2008; in other recipient. That notice of the amounts due them, each underpaid PILT recipient must complete Iowa .....................................2.8 T words, the government asks class formation will be mailed and submit a form “opting into” the lawsuit. If a county does not elect Nebraska ..............................2.8 the Court to find that Congress on June 19. Smith, Currie and to join the class, they will not be included in the class action lawsuit— Vermont ................................2.8 resurrected a repealed provi- Hancock, LLP will serve as and will not receive any recovered funds. Counties will have until Wisconsin .............................2.8 sion of law by implication… class counsel.