Where do these monies live?
The state’s 15% share is deposited into the State of Montana Fund,[1] then allocated 50%-50% between the and the .[2] This share may be redirected to support the ’s statewide programming.[3]
What can this share be spent on?
With limited exceptions,[4] this share must be spent for “Opioid Remediation,”[5] which Montana explicitly defines to mean only forward-looking expenditures as described in the national settlement agreement’s (non-exhaustive) .[6] includes prevention, harm reduction, treatment, recovery, and other strategies.
Montana also defines remediation efforts in the state to specifically include opioid and polysubstance use disorder treatment and prevention strategies; substance use avoidance education; efforts to “decrease the oversupply of licit and illicit opioids, including Fentanyl”; recovery support; and “support for law enforcements (sic) addressing the impact of opioid-related substance abuse in the communities they serve, including misuse or illicit use of heroin and/or Fentanyl.”[7]
Who ultimately decides how to spend this share (and how)?
Montana Department of Public Health and Human Services and Montana Department of Justice decide. Decisionmakers for the (DPHHS) and (DOJ) will ultimately decide how to spend their monies on approved uses.[8] Both departments are required to share planned programs and activities with each other at least quarterly and communicate any needs for technical assistance,[9] and DPHHS must provide subject matter expertise on approved uses at DOJ’s request.[10] Each are encouraged to collaborate on programming.[11]
Is this share attached to an explicit bar against supplantation?
No, supplantation is discouraged but not prohibited. Montana’s (MOU) provides that “the State of Montana and its Local Governments [are] enter[ing] into this MOU … to develop a fair and transparent process for making decisions based on medical and scientific evidence concerning where and how to spend the funds from the Settlement Agreements to effectuate forward-looking abatement strategies and to supplement rather than replace existing spending”.[12] The absence of explicit “shall” or “shall not” (or equivalent) language renders this provision a strong discouragement against rather than an explicit prohibition of expenditures that replace (or “supplant”) — rather than supplement — existing resources.
Can I see how this share has been spent?
No (no public reporting required, only intrastate). Opioid settlement expenditures are not officially published in a centralized location for this share.[13]
Visit OpioidSettlementTracker.com’s for an updated collection of states’ and localities’ available expenditure reports.
What else should I know?
Not applicable.
Citations
