This share is distributed directly to Ohio’s counties, townships, cities, and villages according to Exhibit B of Ohio’s MOU.[1]
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] This share may also be used to reimburse past abatement expenditures.[5]
Localities decide autonomously. Decisionmakers for the counties, cities, townships, and villages will ultimately decide for themselves how to spend their monies on approved purposes.[6] Local governments’ governing bodies (i.e., board of county commissioners or city council) must pass resolutions to spend funds from this share on reimbursement uses.[7]
No, supplantation is not prohibited. Ohio does not explicitly prohibit supplantation uses of opioid settlement funds from the local share. This means that the 30% local share may be spent in ways that replace (or “supplant”) — rather than supplement — 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.com’s for an updated collection of states’ and localities’ available expenditure reports.
Not applicable.
(defining “Local Governments” to mean “all counties, townships, cities and villages within the geographic boundaries of the State of Ohio”), (“30% going to Local Governments (‘LG Share’)”), (“The [Local Governments] allocations are set forth in Exhibit B”), and (“The LG Share shall be paid in cash and directly to Local Governments”). Non-participating local governments’ amounts are redistributed to participating local governments. . See also (“If the LG Share is less than $500, then that amount will instead be distributed to the county in which the Local Government lies to allow practical application of the abatement remedy”). Additionally, Cuyahoga County and Summit County are excepted from several payouts given their previous bellwether settlements with companies including McKesson, AmerisourceBergen, Cardinal Health, Johnson & Johnson, and Teva. ↑
The Foundation and Local Government (LG) shares may both be used to fund the Local Government (attorneys’) Fee Fund (LGFF), which contains a maximum of 11.05% of the total monies from any settlement. and . See also (“The first 45% of the LGFF amount shall be drawn from the LG Share. The remaining 55% shall be drawn from the Foundation Share. No portion of the LGFF Amount may be assessed against or drawn from the State Share).” Any unused monies from the LGFF after payment of fees revert to the Foundation.
(“All Opioid Funds, regardless of allocation, shall be utilized in a manner consistent with the Approved Purposes definition”) and (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 (referring to itself as “Ohio Abatement Strategies”). ↑
Unlike the first two components, “Strategies for Sustainability” does not have a standalone section within the MOU’s , but Exhibit A’s 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.” ↑
(“The LG Share may also be used for past expenditures so long as the expenditures were made for purposes consistent with the remaining provisions of the Approved Purposes definition. Prior to using any portion of the LG Share as restitution for past expenditures, a Local Government shall pass a resolution or take equivalent governmental action that explains its determination that its prior expenditures for Approved Purposes are greater than or equal to the amount of the LG Share that the Local Government seeks to use for restitution”). See also (“For purposes of the Local Government Share, “Approved Purpose(s)” will also include past expenditures”). ↑
See , which contains several provisions that speak to local governments’ decision-making autonomy vis-à-vis their 30% share. See also . OneOhio Recovery Foundation website. Accessed August 14, 2024 (“[local governments’] direct payments are separate and distinct from those managed by the Foundation”). ↑
(“Prior to using any portion of the LG Share as restitution for past expenditures, a Local Government shall pass a resolution or take equivalent governmental action that explains its determination that its prior expenditures for Approved Purposes are greater than or equal to the amount of the LG Share that the Local Government seeks to use for restitution”). ↑
This share is distributed to the Ohio Attorney General’s Office.[1]
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]
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]
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.
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 for an updated collection of states’ and localities’ available expenditure reports.
Not applicable.
(“15% to the Office of the Ohio Attorney General as Counsel for the State of Ohio (‘State Share’)”). ↑
(“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”). ↑
(“All Opioid Funds, regardless of allocation, shall be utilized in a manner consistent with the Approved Purposes definition”) and (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 (referring to itself as “Ohio Abatement Strategies”). ↑
Here are the entities that ultimately decide how each of Ohio’s opioid settlement shares are spent:
55% OneOhio Recovery Foundation share:
30% local share: local officials for counties, cities, townships, and villages
15% state share
Unlike the first two components, “Strategies for Sustainability” does not have a standalone section within the MOU’s , but Exhibit A’s 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.” ↑
(“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”). ↑
See also . OneOhio Recovery Foundation website. Accessed August 14, 2024. ↑
(“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 (defining “the State” to mean “the State of Ohio acting through its Governor and Attorney General”). ↑
The OneOhio Recovery Foundation holds 55% of Ohio’s opioid settlement funds.[1]
With limited exceptions,[2] this share must be spent on approved purposes, which the state’s 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] The Foundation has published additional guidance on expenditures from this share, including this resource on how applicants can ensure that projects and programs are presented as evidence-based,[5] and has periodically identified funding priority areas for its grant cycles, including for its 2024 Regional Grants.[6]
The MOU explicitly requires uses of the Foundation’s funds to benefit local communities.[7]
OneOhio Recovery Foundation Expert Panel guides, Board of Directors decides (regions recommend regional grantees). In general, the OneOhio Recovery Foundation’s Board of Directors (Board) ultimately decides how the Foundation’s 55% share is spent,[8] whether as grants to regions,[9] as statewide programming,[10] or as investments.[11]
Most of the Foundation’s share has been spent as grants to ,[12] and according to the percentage allocations in the MOU’s .[13] Each region must create its own governance structure to receive input from its local governments and is responsible for making allocation decisions that will “equitably serve the needs of the entire Region.”[14] Regional grantmaking follows a :
Eligible entities, including non-profits, for-profits, and governments,[15] apply for funding through the OneOhio .
The 19 Regional Grant Review Committees then review the applications and share their recommendations for awards with the Expert Panel.[16]
The Expert Panel conducts a review to ensure alignment with evidence-based practices and approved purposes.[17]
The OneOhio Grant Oversight Committee then reviews the input of both the Regional Grant Review Committee(s) and the Expert Panel input before making its own recommendation to the Foundation’s Board, which exercises final approval power via vote.[18]
Supplantation is partially prohibited. The OneOhio Recovery Foundation’s provides that expenditures by Foundation grantees “should be for new, expanded, or improved services to meet the criteria for Approved Purposes,” and that grant funds received from this share may not be used to “supplant or replace funds currently expended for like services.”[19] This means that grantees’ awarded funds from the 55% OneOhio Recovery Foundation share must be spent in ways that supplement — rather than replace (or “supplant”) — existing resources.[20]
Yes (neither public nor intrastate reporting required). Review the OneOhio Recovery Foundation's page, which displays the Foundation's grantees and awarded amounts.
Visit OpioidSettlementTracker.com’s for an updated collection of states’ and localities’ available expenditure reports.
Not applicable.
(“55% to the Foundation … (‘Foundation Share’)”). See . OneOhio Recovery Foundation. April 2023. Accessed August 14, 2024 (depicting 55% of “Opioid Lawsuit Dollars” to the Foundation). See also (allowing funds obtained outside of the opioid litigation to be directed to the Foundation) and . OneOhio Recovery Foundation website. Accessed August 14, 2024 (“The Foundation can also receive private donations which would not be subject to the settlement terms”). ↑
The Foundation and Local Government (LG) shares may both be used to fund the Local Government (attorneys’) Fee Fund (LGFF), which contains a maximum of 11.05% of the total monies from any settlement. and . See also (“The first 45% of the LGFF amount shall be drawn from the LG Share. The remaining 55% shall be drawn from the Foundation Share. No portion of the LGFF Amount may be assessed against or drawn from the State Share).” Any unused monies from the LGFF after payment of fees revert to the Foundation. . See also . OneOhio Recovery Foundation. April 2023. Accessed August 14, 2024 (chart depicts the Foundation’s operating costs as against its investments and grants). ↑
(“All Opioid Funds, regardless of allocation, shall be utilized in a manner consistent with the Approved Purposes definition”) and (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 (referring to itself as “Ohio Abatement Strategies”). ↑
Unlike the first two components, “Strategies for Sustainability” does not have a standalone section within the MOU’s , but Exhibit A’s 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.” ↑
. OneOhio Recovery Foundation. April 22, 2024. Accessed August 14, 2024 ↑
See . OneOhio Recovery Foundation website. Accessed September 1, 2024. ↑
(“Opioid Funds directed to the Foundation shall be used to benefit the local community consistent with the by-laws of the Foundation documents”). See also . OneOhio Recovery Foundation website. Accessed August 14, 2024. (“55% will be set aside for the OneOhio Recovery Foundation to develop and oversee the funding of short-term and long-term planning and supports that local communities need to continue to address this crisis”). ↑
(describing Board’s powers to create its own disbursement procedures) and (describing Board’s powers to determine the expert panel’s role in Foundation operations). ↑
(“Within 90 days of the first receipt of any Opioid Funds and annually thereafter, the Board, assisted by its investment advisors and Expert Panel, shall determine the amount and timing of Foundation funds to be distributed as Regional Shares”). See also (“[T]he Board, assisted by its investment advisors and Expert Panel, shall determine the amount and timing of Foundation funds to be distributed as Regional Shares”). ↑
) (“Funds for statewide programs, innovation, research, and education may also be expended by the Foundation”). See also See also . OneOhio Recovery Foundation website. Accessed August 14, 2024 (“Funds can be used for both regional projects and statewide programs, innovation, research, and education”). ↑
(“The Foundation shall consult with a professional investment advisor to adopt a Foundation investment policy that will seek to assure that the Foundation’s investments are appropriate, prudent, and consistent with best practices for investments of public funds”). (“the Board, assisted by its investment advisors and Expert Panel, shall determine the amount and timing of Foundation funds to be distributed as Regional Shares”). See also . OneOhio Recovery Foundation. April 2023. Accessed August 14, 2024 (chart depicts the Foundation’s investment’s as against its grantmaking and operational costs). ↑
See, e.g., . OneOhio Recovery Foundation. April 30, 2024. Accessed August 14, 2024. (describing approximately $51.19 million distributed as grants to the 19 regions from about $58 million in total funds, i.e., roughly 88%). See the “Regions” drop-down header on the ’s website, which links to information for each of the 19 regions (e.g., ). See also (“The State of Ohio will be divided into 19 Regions (See attached Exhibit C)”). ↑
("The Regional Shares for each Region are set forth in Exhibit D”). ↑
(“Each Region shall create their own governance structure so it ensures all Local Governments have input and equitable representation regarding regional decisions including representation on the board and selection of projects to be funded from the region’s Regional Share”). ↑
. OneOhio Recovery Foundation. Accessed August 14, 2024 (“Applicants may be non-profit entities, for-profit entities, or government entities. Individuals are not eligible to apply. All grantees must provide services that align with the Ohio Abatement Strategies and must clear a compliance check in order to be eligible for funding”). ↑
. OneOhio Recovery Foundation. April 16, 2024. Accessed August 14, 2024 (“Each of the 19 OneOhio Regions will create a Regional Grant Review Committee to review and recommend recipients for funding”). See also . OneOhio Recovery Foundation. Accessed August 14, 2024 ↑
(“Proposed disbursements to Regions of Regional Shares shall be reviewed only to determine whether the proposed disbursement meets the criteria for Approved Purposes”). See also . OneOhio Recovery Foundation. Accessed August 14, 2024 (“The Expert Panel will ensure proposals align with evidence-baed practices and are consistent with the Ohio Abatement Strategies and Approved Purposes”). ↑
. OneOhio Recovery Foundation. Accessed August 14, 2024 (“The OneOhio Grant Oversight Committee will review region recommendations and Expert Panel input before making funding recommendations to the full Board of Directors” and “The Board of Directors must vote to approve grant funding awards”). ↑
OneOhio Recovery Foundation Fiscal Policy (June 12, 2024) (“Grantee expenses should be for new, expanded, or improved services to meet the criteria for Approved Purposes. No MOU funds shall be used to supplant or replace funds currently expended for like services”). Note that the Foundation is also empowered to expend its share on “statewide programs, innovation, research, and education,” with no requirement that these uses are granted or otherwise within the purview of the “Grant Disbursements” section of its Fiscal Policy. . ↑
See also . OneOhio Recovery Foundation (“The OneOhio MOU prohibits grantees from replacing existing funds with OneOhio Recovery Foundation funds. Replacing existing funding or efforts would be considered supplantation. However, adding to, expanding, or enhancing existing work is allowable. For example, if a city were to decide to reduce or replace previously allocated city funds with OneOhio Recovery Foundation funds to support an existing abatement program, this would be considered supplantation and, therefore, would be unallowable”). Updated April 16, 2024. Accessed September 1, 2024. ↑
. OneOhio Recovery Foundation website. Accessed September 1, 2024. ↑