November 3, 2017 - Ron Atkison, representing Martin Walker, PC, explained to the commissioners about opioid litigation and the benefit of retaining the services of the firm he represents during the October 23 meeting of the Commissioners' Court.
Atkison said the manufacturers of opioid based pain relievers have a marketing strategy to manipulate insurance companies and to push their products.
"In one county in West Virginia they shipped enough opioid pain killer that every man, woman and child in that county could have four bottles of it in a year," said Atkison.
He said there are synthetic pain killers that are just as effective; however, the prices on those pharmaceuticals are hiked up and insurance companies won't pay for them while the opioid based drugs are cheaper and more addictive.
Atkison said Martin Walker represents Dallas County, Rusk County, Smith County, Panola County, and Upshur County among others. He said the reason the issue matters for counties is there are categories within county budgets that tend to increase including law enforcement, healthcare, and foster care that have a link to opioid addiction.
"You notice every year that those are going up, and so it never crosses your mind what the reason for some of these increases is," said Atkison. "Luckily the regulators, people that watch this stuff, have tracked it."
Atkison used Rusk County as an example and said the additional cost to taxpayers there is $6 million to $8 million a year.
"It is a $75 billion a year taxpayer problem, and the reason why you don't ever catch it is 'cause those items are already in your budget and you see them and you think, 'well, they're just going up,'" said Atkison.
According to Atkison, regulators such as the Centers for Disease Control have broken the numbers down and identified the problem, and he pointed out this national opioid crisis is something for which taxpayers are having to foot the bill.
Atkison explained the issue will be addressed in federal court and is based on a nuisance theory. He mentioned a previous litigation which was successful, but money received in that circumstance went through Austin. Having a legal representative for the county in such matters would provide the county opportunity to receive any monies won in court directly rather than having to await a divided sum from Austin, with possible restrictions.
An epidemiological study of the county is something Atkison mentioned would be conducted, and which will be at no cost to the taxpayers. The study will help to indirectly identify the number of people who may have been over prescribed opioids within the county.
A motion carried to approve the retention of Martin Walker, PC, for opioid litigation.
Sherry Riley, Veterans Service Officer, spoke with the commissioners about grant funding from the Texas Veterans Commission Funds for Veterans Assistance Program.
The funds available are generated through the sale of a lottery ticket that was created by Texas Veterans Commission.
"To date, that lottery ticket is offering $26 million in the grant fund, so I would like to apply for $30,000 transportation grant," said Riley.
She said her intent for the funds would be to transport veterans to and from doctor appointments at medical facilities in the area. For veterans who cannot afford to go to the nearest VA hospital, it will likely be of a great benefit.
Riley explained she would work closely with Ann Blackwell, County Treasurer, to oversee the disbursement of funds. The grant is expected to last the duration of a year. Riley said 80% of the veterans will go to Overton Brooks or Lufkin facilities and 20% will go to Longview or Houston facilities.
Reimbursement rates for round trip will include: Overton Brooks, $80.25; Charles Wilson, $56.71; Longview, $69.55; and Michael E. DeBakey in Houston $191.53. These are funds that are reimbursed to volunteer drivers transporting veterans.
Roscoe McSwain, Commissioner Precinct 1, clarified with Riley the county would be expending the funds first and then the grant funds would be reimbursed quarterly to the county.
A motion was carried to apply for the grant funding.
Ann Blackwell spoke with the commissioners about a bank account held by the county for the Historic Courthouse, which is separate of the general fund. She described how there are many accounts under the general account umbrella; however, the Historic Courthouse has its own for an unknown reason.
She asked to be able to move the Historic Courthouse under the general fund umbrella to simplify and eliminate needing checks for that separate account.
A motion carried to consolidate the funds.
Daniel O'Rear, Shelby County Juvenile Probation, and Stephen Shires, District Attorney, expressed a need for additional funds for a juvenile accused of murder in that he will need to be housed for an extended time, and possibly under special circumstances should it be ruled he be treated as an adult.
This added expense would likely exceed the Juvenile Probation Budget.
A motion carried for O'Rear to submit bills as needed either weekly or monthly based on whatever agreement he has with the facility where the accused is placed.
Following brief discussion over the need of a replacement truck-tractor a motion carried to approve the purchase of a used truck-tractor under $50,000 for Precinct 2.
Items approved on the agenda include: 1. Payment of weekly expenses 2. Retain Martin Walker, PC, for opioid litigation. 3. Renew licensing software agreement between Shelby County and Software Services for District Clerk's Office, JP1 Office, JP2 Office, JP3 Office, JP4 Office and the JP5 Office. 4. VSO to apply for a $30,000 Funds For Veterans Assistance grant, offered by Texas Veterans Commission. 5. Consolidate the Historic Courthouse account with the General Fund. 6. Consider bills for Juvenile Probation detention services on a weekly or monthly interval. 7. Purchase of a used truck-tractor under $50,000 for Precinct 2. Items tabled on the agenda include: 1. Appoint a representative from Shelby County to the East Texas Regional Water Planning Group.
