Advisory Bodies

Has the state established an advisory body for settlement funds?

Yes. New York state law established the Opioid Settlement Fund Advisory Board (OSFAB) under the Office Of Addiction Services and Supports (OASAS) to make non-binding recommendations for statewide and regional expenditures of the 36.39% Opioid Settlement Fund share.[1] These recommendations are made in an annual report to the legislature and governor,[2] which must be made public.[3] OSFAB spending recommendations:[4]

• Must be evidence-based

• Must account for gaps in access to services or programs

• Must “incorporate mechanisms for measurable outcomes for determining the effectiveness of funds expended”

• May consider “federal, state or local initiatives and activities that have shown to be effective in preventing and treating substance use disorders as well as maintaining recovery and assisting with the collateral effects of substance use disorders for individuals and their families or support system”[5]

The OSFAB must also recommend research “related to addressing the opioid epidemic, including for outside grants” for OASAS to fund and oversee,[6] and is tasked with recommending policy changes to OASAS as well.[7] The OSFAB may also recommend the addition or removal of eligible expenditures to the legislature and governor “in response to changing substance use disorder needs in the state.”[8]

The OSFAB is required to meet at least quarterly,[9] though it has historically met more frequently,[10] and its meetings must comply with New York’s open meetings laws.[11]

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

Not necessarily. Though state law encourages the inclusion of individuals with lived experience,[12] OSFAB is required to “include individuals with personal or professional experience with substance use and addiction issues and co-occurring mental illnesses as well as providing services to those that have been disproportionately impacted by the enforcement and criminalization of addiction.”[13] The ability to include individuals with professional — rather than personal — experience means that the OSFAB is not necessarily required to include any members with lived and/or living experience.

What is the overall membership of the state advisory body?

The composition of the 21-member Opioid Settlement Fund Advisory Board is defined by state law:[14]

• The Commissioner of Addiction Services and Supports, the Commissioner of Mental Health, the Commissioner of Health, and Director of the Division of Budget (or their designees)

• Two (2) members appointed by the New York State Governor

• Three (3) members appointed by the Temporary President of the New York State Senate

• Three (3) members appointed by the Speaker of the New York State Assembly

• One member appointed by the New York Attorney General

• One member appointed by the New York City Mayor

• Seven (7) members from a list of nominees submitted by the New York State Association of Counties,[15] with appointments made by the governor (three members), temporary president of the state senate (one member), speaker of the state assembly (one member), minority leader of the state senate (one member), and minority leader of the state assembly (one member)

Current OSFAB members are listed here.

Terms and Qualifications: OSFAB members are appointed to three-year terms.[16] Appointed members are required to have “an expertise in public and behavioral health, substance use disorder treatment, harm reduction, criminal justice, public finance, or drug policy.”[17] Additionally, appointing authorities are directed to make “every effort” to “ensure a balanced and diverse board, representing the geographic regions and racial and ethnic demographics of the state as well as those with lived experiences of a substance use disorder.”[18]

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 New York are not required to establish opioid settlement advisory bodies. However, localities may choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.

What else should I know?

Not applicable.

Citations

1. N.Y. Mental Hyg. Law Sec. 25.18(c)(1). See also New York State Opioid Settlement Sharing Agreement, Sec. V. July 20, 2021. ↑
2. N.Y. Mental Hyg. Law Sec. 25.18(c)(9). See also New York State Opioid Settlement Sharing Agreement, Sec. V(B). July 20, 2021. ↑
3. N.Y. Mental Hyg. Law Sec. 25.18(c)(10). See also New York State Opioid Settlement Sharing Agreement, Sec. IV(E). July 20, 2021. ↑
4. N.Y. Mental Hyg. Law Sec. 25.18(c)(1). See also New York State Opioid Settlement Sharing Agreement, Sec. V(B). July 20, 2021. ↑
5. New York State Opioid Settlement Sharing Agreement, Sec. V(B). July 20, 2021 (“To the extent the State chooses not to follow a recommendation of the Advisory Board’s, it will make publicly available within 14 days after the decision is made a written explanation of the reasons for its decision … and allow 14 days for the Advisory Board to respond”). ↑
6. New York State Opioid Settlement Sharing Agreement, Sec. V(D). July 20, 2021. ↑
7. New York State Opioid Settlement Sharing Agreement, Sec. V(B). July 20, 2021. ↑
8. N.Y. Mental Hyg. Law Sec. 25.18(c)(2) (“No recommendation may be made to remove an eligible expenditure without three-fourths approval of present board members”). See also New York State Opioid Settlement Sharing Agreement, Sec. IV(B). July 20, 2021. ↑
9. N.Y. Mental Hyg. Law Sec. 25.18(c)(8) (“[T]o ensure recommendations are updated and consistent with the needs of the state”). See also New York State Opioid Settlement Sharing Agreement, Sec. V(A)(2). July 20, 2021. ↑
10. See Past Meetings. Opioid Settlement Fund Advisory Board website. Accessed September 1, 2024. ↑
11. N.Y. Mental Hyg. Law Sec. 25.18(c)(8). See also New York State Opioid Settlement Sharing Agreement, Sec. V(A)(2). July 20, 2021 (“The Advisory Board shall function in a manner consistent with New York’s meeting, open government or similar laws, and with the Americans with Disabilities Act”). ↑
12. N.Y. Mental Hyg. Law Sec. 25.18(c)(5) (“Every effort shall be made to ensure a balanced and diverse board, representing …. those with lived experiences of a substance use disorder”). ↑

13. N.Y. Mental Hyg. Law Sec. 25.18(c)(5) (emphasis added). See also New York State Opioid Settlement Sharing Agreement, Sec. V(A)(1). July 20, 2021. ↑
14. N.Y. Mental Hyg. Law Sec. 25.18(c)(3). See also New York State Opioid Settlement Sharing Agreement, Sec. V(A)(1). July 20, 2021. ↑
15. New York state law refers to “an association of counties that represents at least ninety percent of the counties in New York, counting both by number of counties and by population at the time such statewide opioid settlement agreement was finalized.” N.Y. Mental Hyg. Law Sec. 25.18(c)(3)(vii). The state’s opioid settlement sharing agreement refers specifically to the New York State Association of Counties. New York State Opioid Settlement Sharing Agreement, Sec. V(A)(1). July 20, 2021. ↑
16. N.Y. Mental Hyg. Law Sec. 25.18(c)(4). See also New York State Opioid Settlement Sharing Agreement, Sec. V(A)(1). July 20, 2021. ↑
17. N.Y. Mental Hyg. Law Sec. 25.18(c)(5). See also New York State Opioid Settlement Sharing Agreement, Sec. V(A)(1). July 20, 2021 (“The Advisory Board membership shall include persons, to the extent possible, who have expertise in public and behavioral health, substance use disorder treatment, harm reduction, criminal justice, or drug policy”). ↑
18. N.Y. Mental Hyg. Law Sec. 25.18(c)(5). ↑