Advisory Bodies

Has the state established an advisory body for settlement funds?

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 expenditures from the Michigan Opioid Healing and Recovery Fund­­—which holds the 50% state share—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 “tasks, activities, projects, and initiatives that would support the objectives of the [OAC]”[6]

  • As applicable, “recommended additional legislation needed to accomplish the objectives of the [OAC]”[7]

  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 “research, identify, recommend, and implement response actions to the opioid epidemic in Michigan.”[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 Force’s broad mandate, it may undertake various activities, such as assessing the effectiveness of the state’s response to the opioid crisis, developing strategies targeted as “impacted areas,” 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.

The is not required to include member(s) with lived and/or living experience, although “membership by individuals with direct lived experience in substance use and related services is a priority.”[16]

The (OAC) has 12 voting members with “experience in substance abuse prevention, health care, mental health, law enforcement, local government, first responder work, or similar fields”:[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]

Appointments must be made to ensure that the OAC’s members reflect the geographic diversity of the state “to the extent possible.” [24] The Director of the Michigan Department of Health and Human Services and the Legislative Council’s 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, “whichever is later”).[26] State legislative leaders may agree to remove an OAC member “for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.”[27]

Current OAC members are listed .

The has 22 members, half of whom represent various executive agencies (e.g., the directors or their designees of MDHHS, the Michigan State Police, the Department of Insurance and Financial Services, and the Department of 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 Michigan’s ,[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 “should possess experience, expertise, and education” in one or more of the following areas: public health, substance use, or health equity.[33]

Local government members of the Task Force’s 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 “to determine a plan for opioid settlement funds for the County.”[35]

The Opioid Advisory Commission’s annual reports from 2023-2026 can be found on its under the heading “Commission Documents.”

1. Mich. Comp. Laws Serv. Sec. 4.1851(1). See . ↑

2. Mich. Comp. Laws Serv. Sec. 4.1851(13)(b). ↑

3. 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. ↑