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RES-2022-168
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2022-09-06 10:00 AM - Commissioners' Agenda
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RES-2022-168
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Last modified
9/13/2022 11:54:56 AM
Creation date
9/13/2022 11:53:49 AM
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Meeting
Date
9/6/2022
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve a Resolution Authorizing the Chair's Signature on a Opioid Litigation Allocation Agreement
Order
3
Placement
Consent Agenda
Row ID
93293
Type
Agreement
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("Washington Effective Date"). Within the later of forty-five (45) days after the Washington <br />Effective Date or December 31, 2022, each Settling Distributor will certify to the State that all <br />medical claims data provided to it during the litigation (including Medicaid, PMP, LNI claims, and <br />PEBB data) has been destroyed by the party and its agents, including all retained experts. <br />ilI. Participation by Subdivisions <br />A. Notice. The Office of the State of Washington Attorney General in consultation <br />with the Settling Distributors shall send individual notice of the opportunity to participate in this <br />Agreement and the requirements for participation to all Subdivisions eligible to participate who <br />have not returned an executed Subdivision Settlement Participation Form within fifteen (15) days of <br />the execution of this Agreement. The Office of the State of Washington Attorney General may also <br />provide general notice reasonably calculated to alert Subdivisions, including publication and other <br />standard forms of notification. Nothing contained herein shall preclude the State of Washington <br />from providing further notice to, or from contacting any of its Subdivision(s) about, becoming a <br />Participating Subdivision. <br />B. Trigger Datefor Later Litigating Subdivisions. Notwithstanding Sections I.EE and <br />I.GGGG of the Global Settlement, as to the State of Washington, Settling Distributors and the State <br />of Washington agree to treat the Trigger Date for Primary Subdivisions as Septe mber 23 , 2022 and <br />the Trigger Date for all other Subdivisions as May 3,2022. <br />C. Initial and Later Participating Subdivisions. Notwithstanding Sections I.BB, I.CC, <br />LFF and Section VILD and E of the Global Settlement, any Participating Subdivision in <br />Washington that meets the applicable requirements for becoming a Participating Subdivision set <br />forth in Section VII.B or Section VII.C of the Global Settlement on or before September 23,2022 <br />shall be considered an Initial Participating Subdivision. Participating Subdivisions that are not <br />Initial Participating Subdivisions but meet the applicable requirements for becoming Participating <br />Subdivisions set forth in Section VII.B or Section VII.C of the Global Settlement after September <br />23,2022 shall be considered Later Participating Subdivisions. <br />D. Subdivision Settlement Participation Forms. Each Subdivision Settlement <br />Participation Form submitted by a Participating Subdivision from the State of Washington shall be <br />materially identical to Exhibit F to this Agreement. Nothing in Exhibit F is intended to modify in <br />any way either the terms of this Agreement or the terms of the Global Settlement, both of which the <br />State of Washington and Participating Subdivisions agree to be bound. To the extent that any <br />Subdivision Settlement Participation Form submitted by any Participating Subdivision is worded <br />differently from Exhibit F to this Agreement or interpreted differently from the Global Agreement <br />and this Agreement in any respect, the Global Agreement and this Agreement control. <br />IV. Settlement Payments <br />A. Schedule. Annual Payments under this Agreement shall be calculated as if the <br />State of Washington were a Settling State under the Global Settlement and shall be made pursuant <br />to the terms of Section IV of the Global Settlement except that, as to the State of Washington, the <br />Payment Date for Payment Year I shall be December 1.,2022 and the Payment Date for Payment <br />J
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