Here are the entities that ultimately decide how each of Louisianaâs opioid settlement shares are spent:
80% local share: decisionmakers for parishes
20% sheriffsâ share: sheriffs for each of Louisianaâs parishes
This share is distributed to the sheriffs of Louisianaâs 64 parishes.[1]
Louisianaâs opioid settlement Memorandum of Understanding does not require the sheriffâs 20% share of funds to be spent on Approved Purposes.[2] However, at least a portion of monies in this share must inevitably be spent on abatement uses (as illustrated by the national settlement agreementsâ non-exhaustive Exhibit E, which includes prevention, harm reduction, treatment, recovery, and other strategies) for the state to meet its minimum opioid remediation spending requirements under the different agreements.[3]
Sheriffs decide autonomously. Each of the sheriffs for the 64 Louisiana parishes will presumably decide their own specific expenditures themselves, given that Louisianaâs opioid settlement Memorandum of Understanding contains no restrictions on how the funds are spent.[4] Additionally, although the Louisiana Opioid Abatement Task Force is required to reserve one of its five seats for a Louisiana Sheriffâs Association appointee,[5] the Task Force is not specifically required to oversee this share.[6]
No, supplantation is not prohibited. Like most states, Louisiana does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 20% Sheriffsâ Share may be spent in ways that replace (or âsupplantâ) â rather than supplement â existing resources.
No (neither public nor intrastate reporting required). Opioid settlement expenditures are not officially published in a centralized location for this share.
Visit OpioidSettlementTracker.comâs for an updated collection of statesâ and localitiesâ available expenditure reports.
Not applicable.
Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. (âtwenty percent (20%) going to the benefit of Sheriffsâ), (defining âSheriffâ to mean âthe sheriff in each of the 64 parishesâ). â
See, e.g., Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. (requiring âQualified Parishesâ and âall other Parishesâ spend their shares on Approved Purposesâ but no comparable language applicable to sheriffs), (specifically defining âParishâ to mean âone of the 64 parish governmentsâ), (defining âSheriffâ separately to mean âthe sheriff in each of the 64 parishesâ). â
See, e.g., Distributor Settlement Agreement,
The best available evidence indicates that this share is distributed to each of the stateâs 64 parishes according to Exhibit B of Louisiana's Memorandum of Understanding.[1] There are three types of parishes,[2] all of which receive their distributions directly from and report to the Louisiana Opioid Abatement Task Force (Task Force) and the Opioid Abatement Administration Corporation (OAAC).[3]
With limited exceptions,[4] all parishes must spend their shares on the forward-looking uses described in Exhibit A of Louisianaâs Memorandum of Understanding and prioritize treatment for people with opioid use disorder (OUD) not covered by Medicaid or private insurance.[5]
Louisianaâs Exhibit A differs from the national settlement agreementâs (non-exhaustive) Exhibit E by explicitly prioritizing abstinence-based treatment, prosecutorial diversion programs, and more general opioid-related law enforcement expenditures.[6]
Parishes decide autonomously (but must report to the Louisiana Opioid Abatement Task Force and Opioid Abatement Administration Corporation). Decisionmakers for the stateâs 64 parishes will ultimately decides specific expenditures for themselves, but they must report their expenditures to the Task Force and OAAC to receive their funds.[7]
The was created in 2021 to advise the state Attorney General, parishes, and municipalities on settlement spending priorities.[8] Subsequent agreements have delegated the Task Forceâs program administration duties to the Opioid Abatement Administration Corporation (OAAC),[9] which acts as the âconduitâ for distributions of funds to parishes and sheriffs.[10]
No, supplantation is not prohibited. Like most states, Louisiana does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that counties, cities, and towns may spend their shares ways that replace (or âsupplantâ) â rather than supplement â existing resources.
Up to each locality (no public reporting required, only intrastate). Opioid settlement expenditures are not officially published in a centralized location for this share. Though parishes are required to report expenditures to the state,[11] these reports are not publicly accessible.[12]
Visit OpioidSettlementTracker.comâs for an updated collection of statesâ and localitiesâ available expenditure reports.
Not applicable.
Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. (allocating 80% to âlocal governmentsâ other than Sheriffs), (providing for calculation of and payments to parishes), (defining âlocal government(s)â to mean, in part, âall parishes [and] incorporated municipalitiesâ), (defining parish). See also , Slide 15 (âKey Provision of CEAâ). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (âAll 64 parishes receive direct distribution of $$$â). â
These are âQualified Parishes,â âLead Parishes,â and âOther Parishes.â Qualified Parishes (i.e., East Baton Rouge, Jefferson, and Orleans) are parishes with populations of at least 300,000 individuals. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. . âLead Parishesâ are the parishes designated in of Louisianaâs opioid settlement Memorandum of Understanding. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. . âOther Parishesâ include the remaining 52 non-qualified, non-lead parishes. Id. â
See, e.g., Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. C.1(d)-(e) (requiring âQualified Parishesâ and âall other Parishesâ spend their shares on Approved Purposesâ but no comparable language applicable to sheriffs), A.12 (specifically defining âParishâ to mean âone of the 64 parish governmentsâ), A.13 (defining âSheriffâ separately to mean âthe sheriff in each of the 64 parishesâ). â
Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. B.2(c). â
Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. B.7-8 (describing Task Forceâs reporting oversight powers as to parishes only and advising powers as to âthe Attorney General and the Parishes and Municipalities" only). See also Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. A.12-13 (specifically defining âParishâ to mean âone of the 64 parish governments,â and âSheriffâ as âthe sheriff in each of the 64 parishesâ). â
Informational Webinar, Slide 15 (âKey Provision of CEAâ). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (âAll 64 parishes receive direct distribution of $$$â and âreport directly to Taskforce/OAACâ); Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. B.7 (describing Parishesâ reporting requirements to the Task Force). As originally drafted, Louisianaâs MOU provided direct payments only to Qualified Parishes and Lead Parishes, requiring Lead Parishes to distribute funds to and report on behalf of the Non-Qualified (Non-Lead) Parishes. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. C.1(d)-(e). See also Informational Webinar, Slide 11 (âThe âMOUâ Problemâ). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (âLead parishes would become answerable for other parishâs expendituresâ). It was later recognized that this structure reflected âa disparity between the true intent of the MOU and the language of the MOU relating to the distribution of the Louisiana Opioid Settlement Proceedsâ and that âthe Task Force recognizes that all parishes identified in the MOU are entitled to receive Proceeds directly.â Cooperative Endeavor Agreement Between the Opioid Abatement Corporation and a Qualified Parish (Orleans Parish), Recitals. Accessed August 13, 2024. In an August 2023 informational webinar, the Task Force and OAAC described the use of Cooperative Endeavor Agreements (CEAs) as a âsolutionâ to this âMOU problem.â See Informational Webinar, slides 11-16. Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (describing use of CEAs to enable all parishes to receive their monies from and report directly to the Task Force and OAAC). For an example of a CEA, see, e.g., Jefferson Parish, Orleans Parish. See also Agenda of St. Martin Parish Council, Sec. 9 (âSUMMARY NO. 042-RS). June 6, 2023. Accessed August 13, 2024 (âA Resolution authorizing ⌠to execute a Cooperative Endeavor Agreement with the Louisiana Opioid Abatement Taskforce and/or Opioid Abatement Corporation, all relative to the receipt of the Parishâs allotment under the Memorandum of Understanding which serves as the basis of a settlementâ). See also (âOpioid Settlement Updateâ). St. Martin Parish website. Accessed August 13, 2024 (âthe Taskforce approved the distribution of the allotments identified in Exhibit B to each Parish, Sheriff, and qualified Parish contingent upon the Lead Parishesâ written concurrence. ⌠On Wednesday, January 18, 2023, the Taskforceâs executive counsel, Loren Lampert, and I had a conference with the Lead Parishes together with representatives of the Louisiana Police Jury Association including the Executive Director, Guy Cormier. Every âLead Parishâ concurred that EACH parish should indeed receive its allotment DIRECTLYâ). â
Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. C.1(g) (capping administrative costs at 3%), D.5 (capping local governmentsâ attorneysâ fees at 7.5% for the Distributor and Janssen settlements). See also Informational Webinar, Slide 10 (âFunding Allocation under MOUâ). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (âFunds reserved (3% admin, 7.5% litigation fees)â). â
Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. C.1(d)-(e) (requiring Qualified Parishes and âall other Parishesâ to spend their shares on Approved Purposes), A.6 (defining âApproved Purposesâ to mean âevidence-based forward-looking strategies, programming and services used to (i) provide treatment for citizens of the state of Louisiana affected by substance use disorders, (ii) provide support for citizens of the State of Louisiana in recovery from addiction who are under the care of Substance Abuse & Mental Health Services Administration âSAMHSAâ qualified and appropriately licensed health care providers, (iii) target treatment of citizens of the State of Louisiana who are not covered by Medicaid or not covered by private insurance for addictive services. See Exhibit Aâ). â
Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. B.7 (describing parishesâ reporting requirements to the âStateâ and âTaskforceâ); Informational Webinar, Slide 15 (âKey Provision of CEAâ). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (âAll 64 parishes receive direct distribution of $$$â, âAll 64 parishes report directly to Taskforce/OAAC,â â$$$ Conditioned upon reportingâ). â
Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. B (requiring its creation and describing its membership, meetings, and reporting duties) (dated October 21, 2021). See also Informational Webinar, Slide 7 (âOpioid Memorandum of Understandingâ). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (â[c]reates the Louisiana Opioid Abatement Taskforce to advise the state and local governmentsâ). â
See Informational Webinar, Slides 8-9 (âLouisiana Opioid Abatement Task Forceâ and âOpioid Abatement Administration Corp.â). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024. â
See Informational Webinar, Slides 8-9 (âLouisiana Opioid Abatement Task Forceâ and âOpioid Abatement Administration Corp.â). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (âIf the Taskforce received funding directly, it would be state moneyâ; this ânecessitates the [creation of the] Opioid Abatement Administration Corporation (OAAC) as the distribution conduit to parishes and sheriffsâ to allow â[f]unds [to] retain their private character until distributedâ). The Task Force and OAAC are in some contexts described to be the same entity. See, e.g., Resolution No. 141337. Jefferson Parish. March 1, 2023. Accessed August 13, 2024 (âthe Opioid Abatement Administration Corporation, a non-profit corporation of the State of Louisiana, referred to as the âTask ForceâŚââ). â
Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. B.7. â
Louisianaâs MOU requires the State and Task Force to annually âpublish a report detailing for the preceding time-period (1) the amount of the State Share received, (2) the allocation of any awards approved (listing the recipient, the amount awarded, the program to be funded, and disbursement terms), and (3) the amounts disbursed for approved allocations.â Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. B.8. It is unclear what the âState Shareâ is referencing and where these reports will be published. â