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Here are the entities that ultimately decide how each of Michiganâs opioid settlement shares are spent:
50% state share: Michigan Department of Health and Human Services (within parameters established by the Michigan state legislature)
50% local share: decisionmakers for counties, cities, and townships
and
and
This Community Guide will describe how Michigan is spending its opioid settlements and whether Michigan is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.
Prohibited
Not prohibited
Grant Funding
Yes. See .
Up to each locality (availability and processes will vary)
Public Input
Yes (public comment required at OAC and Opioid Task Force meetings). See also and .
Generally, yes (public comments required at public meetings)
Advisory Body
Yes (required). See the and .
Neither body is required to include member(s) with lived and/or living experience.
Up to each locality (not required)
Expenditures
No public reporting required (only intrastate), but see Michiganâs page, which publishes state-level investments and links to annual reports.
Neither public nor intrastate reporting required
But see countiesâ spending plans on the Michigan Assoc. of Countiesâ .
Updates
For updates on the state share, visit the OACâs and the Michigan Department of Health and Human Servicesâ (MDHHS) page. You can also subscribe to OAC meeting notifications by emailing this address: and sign up for updates from the Opioid Task Force .
For updates on the local share, visit the Michigan Assoc. of Countiesâ , which describes countiesâ funded plans and strategies, and the Michigan Attorney Generalâs website, which contains an section describing certain localitiesâ uses of funds.
Another way to find updates on the local share is to check the websites for your county commission, city council, or local health department. See, e.g., the opioid settlement-specific websites maintained by , , , and .
Ultimate Decisionmaker
Michigan Department of Health and Human Services (within parameters established by the Michigan state legislature)
Local officials for counties, cities, and townships
Decision-making Process
The Michigan state legislature appropriates funds from the state share with non-binding recommendations from the Michigan Opioid Advisory Commission (OAC).
Funds from this share are typically appropriated to the Michigan Department of Health and Human Services (MDHHS), then distributed to state agencies and other entities. MDHHS may consult the Michigan Opioids Task Force and/or the Michigan Opioid Advisory Commission.
Localities decide autonomously
Supplantation
Excepting several set-asides,[1] this share is distributed directly to Michiganâs counties, municipalities, and townships according to the allocations in Michiganâs state-subdivision agreements.[2]
With limited exceptions,[3] local governments must spend their collective 50% share on the opioid remediation uses described in the national settlement agreementâs (non-exhaustive) ,[4] which includes prevention, harm reduction, treatment, recovery, and other strategies.
Michiganâs state-local agreements reiterate the national settlement agreementsâ requirement that at least 70% of funds be spent on prospective abatement purposes but do not assign this responsibility to a specific share.[5]
Localities decide autonomously. Decisionmakers for the counties, municipalities, and townships will ultimately decide for themselves how to spend their monies on Exhibit E uses.[6] Examples of certain countiesâ plans and uses of settlements funds may be found .[7]
MDHHS provides local decisionmakers with technical support through its Technical Assistance Collaborative, a coalition of academic institutions that educate and individually assist local governments on best practices.[8]
No, supplantation is not prohibited. Michigan does not explicitly prohibit supplantation uses of opioid settlement funds from its 50% local share. This means that counties, cities, and townships may spend their monies from this share in ways that replace (or âsupplantâ) â rather than supplement â existing resources.
Up to each locality (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.
In June 2024, the Michigan Association of Counties published the results of a survey that found that the âvast majorityâ of responding counties have created separate funds to hold their opioid settlement monies apart from other sources of funds and are not combining funds with other local governments.[9]
Michigan State-Subdivision Agreement for Allocation of Distributor Settlement Agreement and Janssen Settlement Agreement (âMichigan Distributor and Janssen State-Subdivision Agreementâ), Secs. (providing that âamounts will be deducted for the ⌠Administrative Fund, Litigating Local Government Attorney Fee Fund, [and] Special Circumstance Fundâ prior to distribution), (defining the âAdministrative Fundâ as â0.3% of the Local Government Shareâ), (defining the âSpecial Circumstance Fundâ as â5% of the Local Government Shareâ), (attorney costs), (attorneysâ fees), (describing Special Circumstance Fund); Michigan State-Subdivision Agreement for Allocation of Allergan, Teva, CVS, Walmart, and Walgreens Settlement Agreements (âMichigan Subsequent Settlement State-Subdivision Agreementâ), Secs. (defining âAdministrative Fundâ), (defining âLitigating Local Government Attorney Fee Fundâ), (defining âSpecial Circumstance Fundâ), (providing for deductions for Administrative Fund, Litigating Local Government Attorney Fee Fund, and Special Circumstance Fund), (litigation costs), (attorney fees), (Special Circumstance Fund). But see Michigan Distributor and Janssen State-Subdivision Agreement, Sec. (providing for reversion of set asides to the Local Government Share); Michigan Subsequent Settlement State-Subdivision Agreement, Sec. (same). â
See prior section for footnotes on the Administrative Fund, Special Circumstance Fund, and attorneysâ fees. â
Michigan Distributor and Janssen State-Subdivision Agreement, Secs. I.P (ââOpioid Remediationâ is the term as defined by the Settlementsâ), II.2 (âAll Settlement Payments shall be utilized by Participating Local Governments and the State for Opioid Remediation, except as otherwise allowed by the Settlements. A minimum of 70% of Settlement Payments must be used solely for future Opioid Remediationâ); Michigan Subsequent Settlement State-Subdivision Agreement, Secs. I.O, II.2 (same). Note that non-opioid remediation expenditures are capped under the national settlement agreements. See, e.g., the Distributor and Janssen settlements, Secs. V.B.1, V.B.2 (requiring states and subdivisions to spend a minimum 85% of funds on opioid remediation, which the settlements define to mean Exhibit E); CVS Settlement Agreement, Sec. V(B)(1) (minimum 95.5% opioid remediation spending); Walgreens Settlement Agreement, Sec. V(B)(1) (minimum 95% opioid remediation spending); Walmart Settlement Agreement, Sec. V(B)(1) (minimum 85% opioid remediation spending). See Distributor Settlement Agreement, Sec. I.SS (âExhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expensesâ). â
Michigan Distributor and Janssen State-Subdivision Agreement, Sec. II.2; Michigan Subsequent Settlement State-Subdivision Agreement, Sec. II.2. See also 2023 Annual Report: A Planning Guide for State Policy Makers. Michigan Opioid Advisory Committee. Accessed August 19, 2024 (âThe OAC and the State legislature have no direct influence over spending practices of Michiganâs subdivisionsâ and âretain authority for spending decisionsâ). â
As of June 2024, this section of the state Attorney Generalâs Opioids website hosted information about certain countiesâ plans for and uses of settlement funds, i.e., Monroe County Opioid Analytics Dashboard, Berrien County: Opioid Settlement Taskforce, Calhoun County: Use of Opioid Settlement Funds, Eaton County: Strategic Plan, Kalamazoo County: Allocation of Settlement Funds, Lenawee County: Opioid Action Plan, Monroe County: Opioid Analytics Dashboard, and Montcalm County: Public Services. But see Ron French and Robin Erb. Millions to help opioid users still unspent in half of Michiganâs counties. Bridge Michigan â Michigan Health Watch. June 14, 2024. Accessed August 20, 2024. â
MDHHS: Opioid Strategy and Implementation of Opioid Settlements (âMDHHS has contracted with Michigan State University, the University of Michigan, and Wayne State University to provide technical assistance to local governments to ensure they have resources available to make the most impactful investment decisions for opioid settlements for their communities. Together with MDHHS, the universities have formed the Technical Assistance Collaborative (TAC) to share information with local governments regarding best practices for opioid-related issues. The TAC provides individualized technical assistance to counties requesting it, as well as educational webinars and resources that are available to all local governments across Michiganâ; âAs of October 2023, 21 counties have engaged with the Technical Assistance Collaborative for technical assistance on evidence-based investments for their opioid settlementsâ). â
Michigan Opioid Settlement County Reporting: Data Overview. Michigan Association of Counties. June 2024. Accessed September 1, 2024 (âThirty (30) of the 83 counties, or 36 percent (36%), completed the surveyâ). â
50% state share: Yes (required). Pursuant to the Michigan Open Meetings Act and according to its bylaws, the Opioid Advisory Commission (OAC) is required to include the opportunity for public comment in its meetings,[1] which must take place at least quarterly but in practice have occurred about every other month.[2]
Community Impact Survey. The OAC has also issued a intended to âinclude community voices â especially individuals and families who have been directly impacted â in conversations around planning and use of state opioid settlement funds.â[3]
Virtual listening sessions and regional events. The OAC links to past virtual listening sessions and regional events on its (under âCommunity Voicesâ).[4] Keep an eye out for future programming,[5] and subscribe to OAC meeting notifications by emailing this address: .[6]
Community Engagement and Planning Collaborative (CEPC). The OAC has also convened an advisory group to support and advise on âkey priority areas related to community engagement and health equity.â[7]
âFeedback or questions.â The Michigan Department of Health and Human Servicesâ (MDHHS) has an , and has stated that â[f]eedback or questions regarding the opioid settlements and investments or the MDHHS opioids settlements website may be directed to .â[8]
The include dedicated public comment periods as well.[9] The Task force is subject to the and must hold at least four public meetings per year.[10] It is also required to âpromote stakeholder participation,â[11] and its activities may include engaging in âoutreach to ensure all stakeholders in impacted areas are informed, educated, and empowered.â[12]
50% local share: Generally, yes. Though local governments are not required to seek public input as to opioid settlement spending specifically, Michiganâs requires public bodies to accept public comment at their meetings.[13] Each locality may choose to seek public input beyond this requirement. For example, the Board of Commissioners in Kalamazoo County established an Opioid Settlement Fund Task Force by , which meets regularly and receives feedback from members of the public.[14] Berrien Countyâs similarly provides that its â[c]ommunity members are encouraged to reach out with questions, concerns or feedback regarding opioid settlements or the Opioid Settlement Taskforce.â[15] Watch for other opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls.
Yes. The Michigan Department of Health and Human Services has established settlement-funded grant opportunities for which community organizations are eligible to apply. Visit their page to view current funding opportunities. Local governments also may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.
For updates on the state share, visit the OACâs , the Michigan Department of Health and Human Servicesâ (MDHHS) page, and the Michigan Opioid Task Forceâs . You can also subscribe to OAC meeting notifications by emailing and sign up for updates from MDHHSâ Opioid Task Force .
For updates on the local share, visit the Michigan Association of Countiesâ , which describes countiesâ funded plans and strategies, and the Michigan Attorney Generalâs website, which contains an section describing certain localitiesâ uses of funds.[16] Another way to find updates on the local share is to check the websites for your county commission, city council, or local health department (e.g., , , , ).
Not applicable.
Bylaws, . Michigan Opioid Advisory Commission. August 31, 2022 (âPursuant to Michiganâs Open Meetings Act, individuals may express their opinions on Commission matters. ⌠For a Commission agenda item, the Commission will ask if any member of the public wishes to make a comment before the Commission. ⌠Comments shall pertain to a topic or topics which might normally come before the Commissionâ). See also Mich. Comp. Laws Serv. Secs. 4.1851(10) ("The opioid advisory commission shall conduct its business in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275â); 15.263(5) (âA person must be permitted to address a meeting of a public body under rules established and recorded by the public bodyâ). For background on the requirements of the Michigan Open Meeting Act, consult this . â
Opioid Advisory Commission (ââ). Michigan Legislative Council website. Accessed September 1, 2024. â
. Michigan Opioid Advisory Commission. Accessed September 1, 2024.
Yes.
The Michigan Opioid Advisory Commission (OAC) was created by state law in 2022 as part of the Michigan Legislative Council.[1] The OAC is responsible for reviewing local, state, and federal initiatives, establishing priorities, and recommending Michigan Opioid Healing and Recovery Fund expenditures to the legislature.[2] The OAC must annually submit a report to the Governor, state Attorney General, and legislative leadership that includes:
A statewide, evidence-based needs assessment[3]
Goals and recommendations, sustainability plans, and performance indicators regarding prevention, treatment, recovery, and harm reduction efforts and reducing disparities in access to these services[4]
Evidence-based assessment of prior uses of Michigan Opioid Healing and Recovery Fund monies[5]
Recommended funding for âtasks, activities, projects, and initiatives that would support the objectives of the [OAC]â[6]
The OAC must comply with the Michigan and ,[8] and actions of the OAC require a majority vote. [9] OAC meetings must take place at least quarterly but in practice have occurred more frequently. Details on past and upcoming meetings can be found .
The was initially established by in 2019 as an advisory body to the Michigan Department of Health and Human Services (MDHHS).[10] Its charge is to provide recommendations to MDHHS and other departments,[11] coordinate activities across agencies,[12] and to âresearch, identify, recommend, and implement response actions to the opioid epidemic in Michigan.â[13] A in 2022 specified that the Task Force is to act as the government participation mechanism for the purpose of any opioid-related bankruptcy or settlement.[14]
Within the Task Forceâs broad mandate, it may undertake various activities, such as assessing the effectiveness of the stateâs response to the opioid crisis, developing strategies targeted as âimpacted areas,â performing stakeholder outreach, and recommending changes in state law.[15]
No. The Michigan Opioid Advisory Commission is not required to include member(s) with lived and/or living experience. But see the .
The is not required to include member(s) with lived and/or living experience, although âmembership by individuals with direct lived experience in substance use and related services is a priority.â[16]
The (OAC) has 12 voting members with âexperience in substance abuse prevention, health care, mental health, law enforcement, local government, first responder work, or similar fieldsâ:[17]
Four (4) members appointed by the Michigan Senate majority leader[18]
Four (4) members appointed by the Speaker of the Michigan House of Representatives[19]
One (1) member appointed by the Michigan Senate minority leader[20]
One (1) member appointed by the minority leader of the Michigan House of Representatives[21]
Appointments must be made to ensure that the OACâs members reflect the geographic diversity of the state âto the extent possible.â [24] The Director of the Michigan Department of Health and Human Services and the Legislative Councilâs administrator (or their designees) serve as a non-voting, ex officio members.[25]
Terms: Initially appointed voting members serve(d) staggered terms of one to three years, after which the standard term is 3 years (or until a successor is appointed, âwhichever is laterâ).[26] State legislative leaders may agree to remove an OAC member âfor incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.â[27]
Current OAC members are listed .
The has 22 members, half of whom represent various executive agencies (e.g., the directors of MDHHS, the Michigan State Police, and the Department of Insurance and Financial Services, the state attorney general, etc.).[28] These members are ex officio and serve at the pleasure of the governor.[29] There are also 10 local government representatives appointed by the governor to represent each of Michiganâs ,[30] as well as a representative from the Michigan Supreme Court.[31] Local government representatives serve 4-year terms.[32]
As a whole, the Task Force âshould possess experience, expertise, and educationâ in more of more of the following areas: public health, substance use, or health equity.[33]
Local government members of the Task Forceâs can be found and the full membership is available in meeting minutes.[34]
No (up to each locality). Local governments in Michigan 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, the Cass County Board of County Commissioners appointed an âto determine a plan for opioid settlement funds for the County.â[35]
The (OAC) has observed that â[w]hile members of the OAC are legislatively appointed, there are no statutory requirements (MCL 4.1851) that provide for equitable community or Tribal representation.â[36] Thus, the OAC created a (CEPC) by charter in 2023 to âhelp promote equity through strategic community partnerships ⌠and act[] as a direct conduit between communities and the [OAC].â[37] One goal of the CEPC is to support and advise the OAC in a way that reflects â[a]wareness and inclusion of the needs and desires expressed by specific communities, directly impacted by the opioid epidemic,â[38] including by prioritizing membership of individuals representing lived experience.[39] Read the to learn more about its work, goals, and eligibility factors.
Mich. Comp. Laws Serv. Sec. 4.1851(1). See . â
Mich. Comp. Laws Serv. Sec. 4.1851(13)(b). â
Mich. Comp. Laws Serv. Secs. 4.1851(13)(c)(i)(A)-(D). This assessment must: summarize current local, state, and federal funding steams; discuss how to prevent overdose, address disparities in healthcare access, and prevent youth substance use; analyze the effects of substance use disorders and co-occurring mental health conditions based on quantitative and qualitative data; and describe the most common risk factors associated with substance use disorders and co-occurring mental health conditions. Id. â
As applicable, ârecommended additional legislation needed to accomplish the objectives of the [OAC]â[7]
One (1) member jointly appointed by the Michigan Senate majority leader and the Speaker of the Michigan House of Representatives from a list of three (3) people provided by the Governor[22]
One (1) member jointly appointed by the Michigan Senate majority leader and the Speaker of the Michigan House of Representatives from a list of three (3) people provided by the Attorney General[23]
Mich. Comp. Laws Serv. Sec. 4.1851(13)(c)(iii). â
Mich. Comp. Laws Serv. Sec. 4.1851(13)(c)(iv). â
Mich. Comp. Laws Serv. Sec. 4.1851(13)(c)(v). â
Mich. Comp. Laws Serv. Secs. 4.1851(10)-(11). â
Mich. Comp. Laws Serv. Sec. 4.1851(9) (âSeven voting members of the opioid advisory commission constitute a quorum for transacting businessâ). â
Michigan Executive Order 2019-18(1)(1) (rescinded by Michigan Executive Order 2022-12). â
Id. â
Michigan Executive Order 2022-12, Sec. 2(a). Note that this 2022 executive order rescinded the original 2019 order. â
Michigan Executive Order 2022-12, Secs. 2(c)(1), 2(c)(2), 2(c)(6)-(7), and 2(c)(9). â
Michigan Executive Order 2022-12, Sec. 1(c). â
Mich. Comp. Laws Serv. Sec. 4.1851(2)(a). â
Mich. Comp. Laws Serv. Sec. 4.1851(2)(a)(i). â
Mich. Comp. Laws Serv. Sec. 4.1851(2)(a)(ii). â
Mich. Comp. Laws Serv. Sec. 4.1851(2)(a)(iii). â
Mich. Comp. Laws Serv. Sec. 4.1851(2)(a)(iv). â
Mich. Comp. Laws Serv. Sec. 4.1851(2)(a)(v). â
Mich. Comp. Laws Serv. Sec. 4.1851(2)(a)(vi). â
Mich. Comp. Laws Serv. Sec. 4.1851(3). â
Mich. Comp. Laws Serv. Secs. 4.1851(2)(b)-(c). â
Mich. Comp. Laws Serv. Secs. 4.1851(5). The Senate Majority Leader and the Speaker of the House of Representatives decided the initial terms. Of the first 12 voting members appointed, four were appointed to 1-year terms, four were appointed to 2-year terms, and four were appointed to 2-year terms. Mich. Comp. Laws Serv. Sec. 4.1851(5). â
Mich. Comp. Laws Serv. Sec. 4.1851(7). â
Michigan Executive Order 2022-12, Sec. 1(b)(1)(A)-(K). With the exception of the stateâs chief medical executive, all of these members may select a designee from their respective agency to serve on the Task Force. See Michigan Executive Order 2022-12, Sec. 1(b)(1)(B). â
Michigan Executive Order 2022-12, Sec. 1(d). â
Michigan Executive Order 2022-12, Sec. 1(b)(2)(A). The PIHPs manage Medicaid substance use services in contract with the state of Michigan. â
Michigan Executive Order 2022-12, Sec. 1(b)(3). â
Michigan Executive Order 2022-12, Sec. 1(e). â
Michigan Executive Order 2022-12, Sec. 1(c). â
The Task Force website lists only the local government members. However, minutes from Task Force meeting specify present and absent members in full. See, e.g., Michigan Opioids Task Force Meeting Minutes. May 15, 2024. Accessed September 1, 2024. â
Opioid Settlement Funds. Cass County, Michigan website. Accessed July 4, 2024. â
Community Engagement & Planning Collaborative Charter, Rationale. Michigan Opioid Advisory Commission. October 12, 2023. â
Community Engagement & Planning Collaborative Charter, Statement of Purpose. Michigan Opioid Advisory Commission. October 12, 2023. â
Community Engagement & Planning Collaborative Charter, Candidate Eligibility and Prioritization. Michigan Opioid Advisory Commission. October 12, 2023. â
Opioid Advisory Commission (âCommunity Voicesâ). Michigan Legislative Council website. Accessed September 1, 2024. â
For example, in February 2024, MDHHS noted that â[m]any more opportunities [are] soon to be announced, including listening session series.â Dr. Natasha Bagdasarian and Amy Epkey. Fiscal Year 2025 Opioid Settlement Budget, Slide 8 (âCommunity Engagement Effortsâ). Michigan Department of Health and Human Services. February 28, 2024. â
No subject line or additional content is necessary. â
As of September 1, 2024, members are listed as âcoming soon.â Opioid Advisory Commission (âCommunity Voicesâ). Michigan Legislative Council website. Accessed September 1, 2024. See also Community Engagement & Planning Collaborative Charter. Michigan Opioid Advisory Commission. October, 12 2023. â
State of Michigan is a leader in addressing opioid addiction. Michigan Department of Health & Human Services press release. October 26, 2023 (âThe Michigan Department of Health and Human Services (MDHHS) has launched an opioid settlements website as part of its continued effort to provide up-to-date information about how opioid settlements funds are being invested to support programs and resources that benefit Michiganders, local communities and stakeholdersâ). â
See, e.g., March 13, 2024 Approved Minutes. Michigan Opioids Task Force. Accessed September 1, 2024. See also 2023 MDHHS Opioid Annual Report. Michigan Department of Health and Human Services. Accessed September 1, 2024 (âThe OAC is a legislative commission, whereas the Executive branch called for the formation of the Michigan Opioids Task Force. The OAC is tasked to review initiatives/activities related to SUD services and establish priorities to address SUD/co-occurring conditions for purpose of recommending funding initiatives to the legislature. The Michigan Opioids Task Force is charged with identifying root causes of the opioid epidemic and implementing response actions. The OAC reports to the Legislative Council Administrator and overall purpose is to advise the legislature, whereas the Michigan Opioids Task Force reports to MDHHS. The OACâs role is advisory. The Michigan Opioids Task Force will be required to report to the Governor regularly and will be expected to issue an annual reportâ). â
Michigan Executive Order 2022-12, Sec. 3(a). â
Michigan Executive Order 2022-12, Sec. 3(d). â
Michigan Executive Order 2022-12, Sec. 2(c)(6). â
Mich. Comp. Laws Serv. Sec. 15.263(5) ("A person must be permitted to address a meeting of a public body under rules established and recorded by the public body"). For background on the requirements of the Michigan Open Meeting Act, consult this resource (see, e.g., "under Michiganâs OMA, public bodies must provide time during the public meeting to permit the members of the public in attendance an opportunity to address the public body"). â
Resolution Establishing the Kalamazoo County Opioid Settlement Fund Task Force. Kalamazoo County Board of Commissioners. October 3, 2023; Opioid Settlements (âOpioid Settlement Fund Task Forceâ). Kalamazoo County Government website. Accessed September 1, 2024 (âThe 17-member Task Force meets the first Wednesday of every month from 11:30-12:30 in the Board Chambers and available virtuallyâ). See, e.g., Notice and Agenda for Opioid Settlement Fund Task Force August 7, 2024 Meeting. Kalamazoo County Board of Commissioners (âPublic Commentâ as agenda item #4); Notice and Agenda for Opioid Settlement Fund Task Force September 4, 2024 Meeting. Kalamazoo County Board of Commissioners (same). â
Berrien County Opioid Settlement Taskforce. Berrien County website. Accessed September 1, 2024. â
As of June 2024, this section of the Michigan Attorney Generalâs Opioids website hosted information about certain countiesâ plans for and uses of settlement funds, i.e., Monroe County Opioid Analytics Dashboard, Berrien County: Opioid Settlement Taskforce, Calhoun County: Use of Opioid Settlement Funds, Eaton County: Strategic Plan, Kalamazoo County: Allocation of Settlement Funds, Lenawee County: Opioid Action Plan, Monroe County: Opioid Analytics Dashboard, and Montcalm County: Public Services. â
Opioid Advisory Commission recommends, state legislature appropriates, Michigan Department of Health and Human Services decides (within parameters established by the Michigan state legislature). The Michigan state legislature ultimately appropriates monies from the Recovery Fund,[4] with the Opioid Advisory Commission (OAC) providing non-binding recommendations.[5] In practice, Recovery Fund expenditures are determined by a complicated network of âkey agencies,â including Michiganâs state legislature, the governorâs office, the Department of Health and Human Services (MDHHS), the OAC, and the Opioids Task Force, among others.[6]
MDHHS has previously described a decision-making process in which it drafted a spend plan, sought and incorporated community and partner feedback, and reached internal consensus on which subset of Exhibit E interventions to prioritize,[7] with the legislature ultimately appropriating funds after consulting the recommendations of the Opioid Advisory Commission.[8]
In past years, the legislature appropriated significant sums from the Recovery Fund to state departments, primarily MDHHS, and largely deferred to those departments on how to spend the funds.[9] The most recent FY2025 budget, however, includes both funding over which MDHHS maintains significant discretion and more targeted expenditures with varying levels of specificity from the state legislature.[10]
Please note: The OAC is different from the Michigan Opioids Task Force. The OAC was established via legislation, exists within the Michigan Legislative Council, and primarily advises the state legislature.[11] In contrast, the Michigan Opioids Task Force was established by executive order, operates as an advisory body within MDHHS, and primarily advises state departments.[12]
Yes, supplantation is prohibited. The Michigan Opioid Healing and Recovery Fund, which holds the 50% state share, is explicitly required by state law to âbe used to create or supplement programs or servicesâ and explicitly prohibited from being âused to replace any other governmental funds that would otherwise have been appropriated or expended for any other program or service.â[13]
Yes (no public reporting required, only intrastate). Visit Michiganâs Settlement Spending page, which includes a summary of initiatives funded with state settlement monies and annual reports. Annual financial reports are organized according to the subsets of Exhibit E categories prioritized by MDDHS each year (e.g., primary prevention, harm reduction, treatment, recovery support).[14]
Visit OpioidSettlementTracker.comâs Expenditure Report Tracker for an updated collection of statesâ and localitiesâ available expenditure reports.
Not applicable.
Michigan State-Subdivision Agreement for Allocation of Distributor Settlement Agreement and Janssen Settlement Agreement (âMichigan Distributor and Janssen State-Subdivision Agreementâ), Sec. II.3; Michigan State-Subdivision Agreement for Allocation of Allergan, Teva, CVS, Walmart, and Walgreens Settlement Agreements (âMichigan Subsequent Settlement State-Subdivision Agreementâ), Sec. II.3; Mich. Comp. Laws Serv. Secs. 12.253(1)-(2). See also 2023 Annual Report: A Planning Guide for State Policy Makers. Michigan Opioid Advisory Committee. Accessed August 19, 2024 (noting that the State Share includes 100% of proceeds from the McKinsey settlement). â
Mich. Comp. Laws Serv. Sec. 12.253(8) (authorizing use of monies from the Opioid Healing and Recovery Fund for opioid-litigation costs and attorney fees). â
Mich. Comp. Laws Serv. Sec. 12.253(6) (âthe department of treasury shall expend money from the Michigan opioid healing and recovery fund, on appropriation, in a manner and for purposes consistent with the opioid judgment, settlement, or compromise of claims from which the money was receivedâ); Michigan Distributor and Janssen State-Subdivision Agreement, Secs. (ââOpioid Remediationâ is the term as defined by the Settlementsâ), (âAll Settlement Payments shall be utilized by Participating Local Governments and the State for Opioid Remediation, except as otherwise allowed by the Settlements. A minimum of 70% of Settlement Payments must be used solely for future Opioid Remediationâ); Michigan Subsequent Settlement State-Subdivision Agreement, Secs. , (same). Note that non-opioid remediation expenditures are capped under the national settlement agreements. See, e.g., the and settlements, Secs. V.B.1, V.B.2 (requiring states and subdivisions to spend a minimum 85% of funds on opioid remediation, which the settlements define to mean Exhibit E); CVS Settlement Agreement, (minimum 95.5% opioid remediation spending); Walgreens Settlement Agreement, (minimum 95% opioid remediation spending); Walmart Settlement Agreement, (minimum 85% opioid remediation spending). See Distributor Settlement Agreement, Sec. (âExhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expensesâ). See also . Resources for the Michigan Opioid Settlement. Accessed August 19, 2024 (âException: Specific to the , provides a list of allowable uses of fundsâ). â
Mich. Comp. Laws Serv. 12.253(6). â
Mich. Comp. Laws Serv. 4.1851(13)(c)(iv). See also . Michigan Department of Health and Human Services. Accessed August 20, 2024 (âThe OACâs role is advisoryâ). â
OAC: (âA Planning Guide for State Policy Makersâ) (âfinal spending authority [resides] with legislative appropriation, attorneys general, the Department of Health, or the state agencies responsible for substance use servicesâ). â
See, e.g., Opioid Strategy and Implementation of Opioid Settlements, slide 12 (ââ). Natasha Bagdasarian and Jared Welehodsky, Michigan Department of Health and Human Services. Undated presentation. Accessed August 20, 2024. See also . Michigan Department of Health and Human Services. November 15, 2023. Accessed August 20, 2024; . Michigan Department of Health and Human Services. March 31, 2023. Accessed August 20, 2024; Dr. Natasha Bagdasarian and Amy Epkey. . Michigan Department of Health and Human Services. February 28, 2024. Accessed August 20, 2024. â
Mich. Comp. Laws Serv. Secs. 4.1851(13)(a)-(c); . Michigan Legislative Council. Accessed September 1, 2024 (âThe commission makes an annual report to the Governor, the Attorney General, the Senate Majority Leader, the Speaker of the House, and the chairs of the Senate and House appropriation committeesâ). â
See, e.g., 2022 Mich. Pub. Acts 166, (appropriating $23.2 million to MDHHS from the Opioid Healing and Recovery Fund âto create or supplement opioid-related programs and services in a manner consistent with the opioid judgement, settlement, or compromise of claims pertaining to violations, or alleged violations, of law related to the manufacture, marketing, distribution, dispensing, or sale of opioidsâ); 2023 Mich. Pub. Acts 119, (same). See also, e.g., . Michigan Department of Health and Human Services. Undated document. Accessed August 20, 2024 (âIn July 2022, the Michigan Legislature approved the Opioid Healing and Recovery Fund (settlement funds) appropriation of the FY 22 supplemental request ($16 million) and FY 23 authorization ($23.2 million) to MDHHS without restrictionsâ). â
See 2024 Mich. Pub. Acts 121, Secs. (appropriating approximately $19.2 million for MDHHS âto create or supplement opioid-related programs and services in a manner consistent with the opioid judgment, settlement, or compromise of claims pertaining to violations, or alleged violations, of law related to the manufacture, marketing, distribution, dispensing, or sale of opioidsâ), (requiring MDHHS to allocate $4 million âto establish a peer recovery support services program for eligible participantsâ), (requiring MDHHS to allocate grants ranging from $2 to $3.62 million to organizations meeting very specific criteria such as âa nonprofit organization that is organized under the laws of this state, that is exempt from federal income tax under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501, and is located in a city with a population greater than 10,000 that is located in a county with a population between 36,500 and 36,850, according to the most recent federal decennial census, to expand a womenâs recovery center that provides residential substance use disorder services, behavioral and physical health care, social services, and housing assistanceâ), (requiring MDHHS to provide $1.88 million âto supplement grants to recovery community organizationsâ), (requiring MDHHS to provide $2 million for âtribal communities, with the distribution method and types of uses of these funds determined in collaboration with the United Tribes of Michigan and each sovereign nationâ), (requiring MDDHS to provide $10 million âto department-designated community mental health entities for regional specific programming and supports to be used in collaboration with municipal opioid settlement fundsâ). â
Mich. Comp. Laws Serv. Secs. 4.1851(1), (13)(b). Note, however, that the OACâs annual report is submitted to both the legislature and state executive branch. Mich. Comp. Laws Serv. Sec. 4.1851(13)(c) (âBy March 30 of each year, provide a written report to the governor, the attorney general, the senate majority leader, the speaker of the house of representatives, and the chairs of the senate and house of representatives appropriations committeesâ). â
Michigan Executive Order 2022-12, ; . Michigan Department of Health and Human Services. Accessed August 20, 2024 (âThe OAC is a legislative commission, whereas the Executive branch called for the formation of the Michigan Opioids Task Force. The OAC is tasked to review initiatives/activities related to SUD services and establish priorities to address SUD/co-occurring conditions for purpose of recommending funding initiatives to the legislature. The Michigan Opioids Task Force is charged with identifying root causes of the opioid epidemic and implementing response actions. The OAC reports to the Legislative Council Administrator and overall purpose is to advise the legislature, whereas the Michigan Opioids Task Force reports to MDHHS. The OACâs role is advisory. The Michigan Opioids Task Force will be required to report to the Governor regularly and will be expected to issue an annual reportâ). â
Mich. Comp. Laws Serv. Sec. 12-253(7). â
See, e.g., . Michigan Department of Health and Human Services. November 15, 2023. Accessed August 20, 2024; 2024 . Michigan Department of Health and Human Services. March 31, 2023. Accessed August 20, 2024; Dr. Natasha Bagdasarian and Amy Epkey. . Michigan Department of Health and Human Services. February 28, 2024. Accessed August 20, 2024. â