Advisory Bodies

Has the state established an advisory body for settlement funds?

Yes. The Opioid Recovery and Remediation Fund Advisory Council (Council) was created by state law to make recommendations to and consult with the Executive Office of Health and Human Services on Opioid Recovery and Remediation Fund expenditures.[1] The Council is required to hold public meetings at least every quarter and recommendations are approved by majority vote.[2]

Is the state advisory body required to include member(s) with lived and/or living experience?

Yes. At least two members of the Council must be “qualified by experience with opioid use disorder, either first-hand or as a family of an individual with an opioid use disorder.”[3] More broadly, the Council’s appointing authorities — which include legislative leaders, the Governor, the state Attorney General, and the Massachusetts Municipal Association — must ensure the inclusion of “members with personal experience with opioid use disorder.”[4]

What is the overall membership of the state advisory body?

The Opioid Recovery and Remediation Fund Advisory Council's current membership is listed here. State law requires its 20 members to be appointed by the following state and local leaders:[5]

• Four (4) members appointed by majority and minority leadership in each legislative chamber[6]

• Three (3) members appointed by the Governor, at least one of whom must have experience with opioid use disorder (first-hand or as a family member)

• Three (3) members appointed by the Attorney General, at least one of whom must have experience with opioid use disorder (first-hand or as a family member)

• Ten (10) local government officials appointed by the Massachusetts Municipal Association, none from the same county, and at least two (2) from a “gateway municipality”[7]

Appointing authorities must ensure that the Council includes members that:

• Represent racially and socioeconomically diverse communities[8]

• Have public health expertise related to opioid use disorder[9]

• Have personal experience with opioid use disorder[10]

• Will “contribute to reducing disparities in health outcomes for underserved communities experiencing opioid use disorder”[11]

Appointing authorities also must "consider having racially diverse representation on the council.”[12]

The Secretary of Health and Human Services serves as a non-voting chair and provides administrative support to the Council.[13] Members serve two-year terms and are not explicitly limited in how many terms they serve, but any member can be removed by their appointing authority.[14]

Are local governments required to establish a settlement advisory body? If so, are local advisory bodies required to include member(s) with lived and/or living experience?

No (up to each locality). Local governments in Massachusetts are not required to establish opioid settlement advisory bodies. However, localities may independently choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities. For example, Holbrook formed an advisory committee to guide settlement expenditures and engage the community’s participation in its decision-making. This committee conducted a survey and published its findings in March 2024.[15]

What else should I know?

Not applicable.

Citations

1. Mass. Ann. Laws ch. 10, Sec. 35OOO(b); Massachusetts State-Subdivision Agreement for Statewide Opioid Settlements, Sec. D (“The ORRF is administered by the [EOHHS] in consultation with a 20-member state- and municipal-appointed advisory council with expertise and experience with opioid use disorder”); Massachusetts Abatement Terms, Sec. II (“Fund is overseen by the [EOHHS] … together with a Council”). ↑
2. Mass. Ann. Laws ch. 10, Sec. 35OOO(b). See also Massachusetts Abatement Terms, Sec. II. ↑
3. Mass. Ann. Laws ch. 10, Sec. 35OOO(b). ↑

4. Mass. Ann. Laws ch. 10, Sec. 35OOO(b)(iii). ↑

5. Mass. Ann. Laws ch. 10, Sec. 35OOO(b). ↑

6. The state’s Senate President, Senate Minority Leader, Speaker of the House, and Minority Leader of the House all appoint one member. Mass. Ann. Laws ch. 10, Sec. 35OOO(b). ↑

7. Mass. Ann. Laws ch. 23A, Sec. 3A(b) (defining “gateway municipality” as “a municipality with a population greater than 35,000 and less than 250,000 with a median household income below the commonwealth’s average and a rate of educational attainment of a bachelor’s degree or above that is below the commonwealth’s average”). ↑

8. Mass. Ann. Laws ch. 10, Sec. 35OOO(b)(i). ↑

9. Mass. Ann. Laws ch. 10, Sec. 35OOO(b)(ii). See also Massachusetts State-Subdivision Agreement for Statewide Opioid Settlements, Sec. D; Massachusetts Abatement Terms, Sec. II. ↑
10. Mass. Ann. Laws ch. 10, Sec. 35OOO(b)(iii). ↑

11. Mass. Ann. Laws ch. 10, Sec. 35OOO(b)(iv). ↑

12. Mass. Ann. Laws ch. 10, Sec. 35OOO(b) (emphasis added). ↑

13. Mass. Ann. Laws ch. 10, Sec. 35OOO(b). ↑

14. Mass. Ann. Laws ch. 10, Sec. 35OOO(b). ↑

15. Opioid Settlement Advisory Committee. Holbrook, Massachusetts website. Accessed September 1, 2024. ↑