15% State Share

Where do these monies live?

This share is distributed to the Ohio Attorney General’s Office.[1]

What can this share be spent on?

With limited exceptions,[2] this share must be spent on approved purposes, which the MOU defines to mean the “evidence-based[,] forward-looking strategies, programming[,] and services” described in its Ohio Abatement Strategies list (“Exhibit A” of Ohio’s MOU).[3] Exhibit A contains three categories of interventions: Strategies for Community Recovery, for Statewide Innovation & Recovery, and for Sustainability.[4]

Who ultimately decides how to spend this share (and how)?

State Attorney General decides. The Ohio Attorney General’s Office will ultimately decide how this share is spent on approved purposes.[5] According to an FAQ from the OneOhio Recovery Foundation, the state’s 15% share of the Distributor settlement will be used “to leverage statewide buying power to offer prevention, treatment and recovery support services.”[6]

The Attorney General and governor may also decide to use this share to fund the OneOhio Recovery Foundation’s statewide programming.[7]

Is this share attached to an explicit bar against supplantation?

No, supplantation is not prohibited. Ohio does not explicitly prohibit supplantation uses of opioid settlement funds from the state share. This means that the 15% state share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.

Can I see how this share has been spent?

No (neither public nor intrastate reporting required). Opioid settlement expenditures are not officially published in a centralized location for this share.

Visit OpioidSettlementTracker.com’s Expenditure Report Tracker for an updated collection of states’ and localities’ available expenditure reports.

What else should I know?

Not applicable.

Citations

1. MOU B.1 (“15% to the Office of the Ohio Attorney General as Counsel for the State of Ohio (‘State Share’)”). ↑
2. MOU C.9 (“Any attorney fees related to representation of the State of Ohio shall not be paid from the [Local Government Fee Fund] but paid directly from the State Share or through other sources”). ↑
3. MOU B.2 (“All Opioid Funds, regardless of allocation, shall be utilized in a manner consistent with the Approved Purposes definition”) and MOU A.7 (defining “Approved Purpose(s)” to mean “evidence-based forward-looking strategies, programming and services … as is further set forth in the agreed Opioid Abatement Strategies attached as Exhibit A”). See also MOU Exhibit A (referring to itself as “Ohio Abatement Strategies”). ↑
4. Unlike the first two components, “Strategies for Sustainability” does not have a standalone section within the MOU’s Exhibit A, but Exhibit A’s first page describes “Strategies for Sustainability” as including “collaborat[ion] to share resources and knowledge” and “build[ing] sustainable financing strategy and infrastructure to reverse the damage that has been done and prevent future epidemics and crises.” ↑
5. MOU B.1-2 (“15% to the Office of the Ohio Attorney General as Counsel for the State of Ohio” for use “in a manner consistent with the Approved Purposes definition”). ↑
6. See also Foundation FAQs. OneOhio Recovery Foundation website. Accessed August 14, 2024. ↑
7. MOU D.11(b) (“Funds for statewide programs, innovation, research, and education may also be expended by the Foundation. … Expenditures for these purposes may also be funded by the Foundation with funds received from either the State Share (as directed by the State)”). See also MOU A.1 (defining “the State” to mean “the State of Ohio acting through its Governor and Attorney General”). ↑