The Opioid Litigation Proceeds Restricted Account holds 50% of Utahâs opioid settlement funds and is distributed to state agencies.[1]
With limited exceptions,[2] this share must be spent on the approved uses described in of Utahâs MOU,[3] which is identical to the national settlement agreementâs (non-exhaustive) and includes prevention, harm reduction, treatment, recovery, and other strategies. Reimbursement uses of opioid settlement funds are prohibited statewide.[4]
The Utah Opioid Task Forceâs has created a that identifies priorities, includes subject matter expert-recommended strategies, and is intended to âassist ... state and local communities in utilizing fundsâ without requiring specific uses.[5]
Opioid Task Force and Opioid Settlement Advisory Committee recommend, state legislature decides. The ultimately decides specific appropriations of the Opioid Litigation Proceeds Restricted Account.[6]
As described by the state in an , the writes appropriations of funds into the budget with âguidance through the and the .â[7] The makes the final determinations of appropriations to programs and projects from this share.
For fiscal year 2024, the legislature appropriated $2.8 million from this share to the (DHHS) for âintegrated healthcare services.â[8]
Yes, supplantation is prohibited. Utah state law explicitly prohibits supplantation uses of state and local opioid settlement funds.[9] This means that Utahâs opioid settlement funds only be spent in ways that supplement â rather than replace (or âsupplantâ) â existing state or local government resources.
Yes (public reporting required). View DHHSâ annual reports on its page.[10] DHHS must publish detailed expenditure reporting on its website for both the state and local shares.[11] Legislative changes in 2024 increased the level of required detail in these reports.[12]
Visit OpioidSettlementTracker.comâs for an updated collection of statesâ and localitiesâ available expenditure reports.
Not applicable.
(â50% of the Settlement Funds shall be allocated to the State (âState Shareâ)â), (âThe State Share shall be deposited by the National Settlement Fund Administrator into the Opioid Litigation Settlement Restricted Account and disbursed pursuant to the terms of that statuteâ). Utah Code Ann. Sec. 51-9-801(1) (creating Opioid Litigation Proceeds Restricted Account within the general fund). â
(âOut of any Settlement Funds, administrative expenses shall not exceed 1% of the Settlement Funds recovered by the State or any Settling Partyâ) and (âno portion of the State Share shall be used for the payment of Settling Party Local Government attorney fees and no portion of the State Share shall be used to established the Utah Fundâ). See also I.SS (âExhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expensesâ). â
(defining âApproved Usesâ to mean âthose uses identified in Exhibit A, Opioid Settlement Funds â Approved Usesâ) and (âAll Settlement Funds, other than those directed to attorney fees and costs, regardless of allocation, shall be utilized consistent with the Approved Usesâ). See also I.SS (âExhibit E provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expensesâ). â
Utah Code Ann. Sec. 26B-5-211(1)(b) (defining âopioid fundsâ to mean both the state and political subdivisionsâ monies) and Sec. 26B-5-211(2)(a) (âOpioid funds may not be used to ⌠reimburse expenditures that were incurred before the opioid funds were received by the governmental entityâ). â
. Utah Opioid Task Force, Opioid Settlement Advisory Committee. January 2024. Accessed August 27, 2024 (âThe [Committee] is composed of subject matter experts from a broad range of fields and has the singular task of providing guidance on utilizing settlement funds expected from various opioid litigationsâ). â
Utah Code Ann. Sec. 51-9-801(4) (money in the Opioid Litigation Proceeds Restricted Account is â[s]ubject to appropriation by the Legislatureâ). See also (âThe State Share shall be ⌠disbursed pursuant to the terms of th[e Opioid Litigation Settlement Restricted Account] statuteâ). See also . Utah Department of Health and Human Services (DHHS). Accessed August 27, 2024 (â[F]unding decisions at the state level [are] being made by the legislative appropriation processâ). â
. Utah Department of Health and Human Services. Accessed August 27, 2024 (âThe funds are allocated through the Social Services Appropriations Committee with guidance through the Opioid Task Force and the Opioid Settlement Advisory Committee. While not given a formal role in the settlement spending process by the stateâs legislation or memorandum of understanding, the Opioid Settlement Advisory Committee, a subcommittee of the Utah Opioid Task Force that was formed by the state attorney general in 2017, has created a with high-level spending recommendations for both county and state policymakers. Ultimately the Legislature's Executive Appropriation Committee determines how much funding will be allocated to identified programs and projects from the Opioid Litigation Settlement Restricted Accountâ). Cf . Utah Association of Counties. December 2023. Accessed August 27, 2024 (âThe State can only access its own money through Legislation. The Social Services Appropriations Subcommittee discusses what to do with the money during the Legislative Session and then writes it into the budget. The Office of Substance Use and Mental Health, the Opioid Task Force, and other entities can suggest to the Subcommittee what state opioid settlement monies should be used forâ). â
, Item 104. â
Utah Code Ann. Sec. 26B-5-211(1)(b) (defining âopioid fundsâ to include opioid settlement funds received by the state or a political subdivision), (2)(b) (providing that âopioid fundsâ may not be used to âsupplant or take the place of any funds that would otherwise have been expended for that purposeâ). See also Utah Code Ann. Sec. 26B-5-211(6)(e) (requiring the Utah Department of Health & Human Services, Office of Substance Use and Mental Healthâs annual opioid settlement report to include âa description of any finding or concern as to whether all opioid funds disbursed from the restricted account violated the prohibitionsâ against supplantation). â
See, e.g., . Utah Department of Health and Human Services. September 30, 2023. Accessed September 1, 2024. â
Utah Code Ann. Sec. 26B-5-211(6)-(7) (outlining the requirements for expenditure reporting submitted to the legislature by the DHHS Office of Substance Use and Mental Health to be made public on the DHHS website). See also Utah Code Ann. Sec. 26B-5-211(1)(b) (defining âopioid fundsâ to include opioid settlement funds received by the state or a political subdivision). â
(with an effective date of May 1, 2024). â