Here are the entities that ultimately decide how each of Tennessee’s opioid settlement shares are spent:

• 70% Opioid Abatement Fund share: for the Community Funding portion of this share (65%), Tennessee Opioid Abatement Council; for the County Funding portion (35%), county officials

• 15% state share: Tennessee General Assembly

• 15% local share: local officials for counties and municipalities

Where do these monies live?

The Tennessee Opioid Abatement Fund holds 70% of the state’s opioid settlement funds.[1]

• Community Funding. Sixty-five percent (65%) of the Fund — or 45.5% of the state’s total — is used for statewide, regional, or local opioid abatement and remediation purposes.[2]

• County Funding. Thirty-five percent (35%) of the Fund — or 24.5% of the state’s total — is allocated to participating counties according to these allocation percentages.[3] Allocation percentages are recalculated every four years.[4]

What can this share be spent on?

Excepting certain costs,[5] Fund monies must only be used on “[p]rospective opioid abatement and remediation” uses,[6] and funds are explicitly prohibited by state law from being used to reimburse expenses incurred prior to May 24, 2021.[7]

The 35% County Funding portion must only be spent on uses specifically approved by the or on a .[8] The OAC’s list — (“Tennessee’s Opioid Abatement & Remediation Uses”) — has “largely adopted” the national settlement agreements’ (non-exhaustive) , [9] which includes prevention, harm reduction, treatment, recovery, and other strategies.

For the Community Funding portion of this share (65%), Tennessee Opioid Abatement Council decides; for the County Funding portion (35%), county officials decide.

• : OAC decides.[10] Prior to making its disbursement decisions,[11] the (OAC) is required by state law to consider the Department of Mental Health and Substance Abuse Services’ needs assessment and allow public comment from community stakeholders, localities, other interested parties.[12] In September 2023, the OAC announced a competitive grant application process to distribute this share.[13]

• : Counties decide (on OAC-approved strategies). Decisionmakers for the counties will ultimately decide for themselves how to spend their allocated shares on .[14] Each county retains decision-making authority over its funds.[15]

Supplantation is partially prohibited (“community funding” sub-share only). The Tennessee Opioid Abatement Council’s (OAC) for Community Grants includes terms prohibiting supplantation uses of awarded settlement funds.[16] This means that sixty-five percent (65%) of the Opioid Abatement Fund — or 45.5% of the state’s total opioid settlement funds — is attached to a bar against supplantation.[17]

However, neither nor the contain a general prohibition against supplantation uses of its opioid settlement funds,[18] and the current between the OAC and counties also does not address supplantation.[19] This means that the 35% of funds in the Opioid Abatement Fund allocated to counties — 24.5% of the state’s total settlement funds — may be spent in ways that replace (or “supplant”) — rather than supplement, existing resources.[20]

Yes (no public reporting required, only intrastate). View Community Funding awardees . View County Funding semiannual reports . Tennessee law requires the OAC to submit a report on expenditures from this share to the governor and legislative leadership each year.[21]

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

Not applicable.

1. Tenn. Code Ann. Sec. 9-4-1301(a) (“The opioid abatement fund is established and funded pursuant to this part”).

   (“The 70% Abatement Accounts Fund shall be directed to the Tennessee Opioid Abatement Fund”). to this Agreement in 2023 applied its terms to the settlements with Allergan, Teva, CVS, Walgreens, and Walmart. ↑

2. Tenn. Code Ann. Sec. 33-11-103(p). ↑

3. See also and Attachments D and E from . Office of the Attorney General and Reporter. March 2023. Accessed August 26, 2024.

Where do these monies live?

This share is distributed to the state’s general fund.[1]

What can this share be spent on?

In general, and with limited exceptions,[2] this share should be spent on the opioid remediation uses described in the national settlement agreement’s (non-exhaustive) Exhibit E,[3] which includes prevention, harm reduction, treatment, recovery, and other strategies.

Guidance from the Tennessee Attorney General states that “it is anticipated” that these funds will be used on forward-looking abatement.[4]

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

State legislature decides. The Tennessee General Assembly ultimately decides how to allocate this share on opioid remediation uses through the regular budgeting process.[5]

Is this share attached to an explicit bar against supplantation?

No, supplantation is not prohibited. Tennessee does not explicitly prohibit supplantation uses of settlement funds from its 15% state share. This means that the 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 for an updated collection of states’ and localities’ available expenditure reports.

Not applicable.

1. (“The 15% State Fund shall be directed to the State’s general fund unless directed to the Tennessee Opioid Abatement Fund by future legislation”). ↑

2. See, e.g., I.SS (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑

3. (“The Distributor/J&J Settlements have provisions concerning the use of funds and those are controlling. Generally they require that money from all three sub-funds be used for ‘Opioid Remediation’ as that term is defined in those agreements”) (emphasis added) and I.SS (“Exhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses”). ↑

This share is distributed directly to participating cities and counties according to the default allocations in of the national settlements.[1] Amounts for non-litigating municipalities with populations under 30,000 are reallocated to their participating counties.[2]

This share should spent on the opioid remediation uses described in the national settlement agreement’s (non-exhaustive) ,[3] which includes prevention, harm reduction, treatment, recovery, and other strategies. However, the MOA also provides that localities may use these funds to cover attorneys’ fees and litigation costs or as reimbursements for past remediation expenditures,[4] provided that localities report such uses to settlement administrators.[5]

Local governments decide autonomously. Decisionmakers for the counties and municipalities will ultimately decide for themselves whether and how to spend their monies on Exhibit E uses.[6]

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