Where do these monies live?

Connecticut’s 15% local share is distributed directly to its municipalities.[1]

What can this share be spent on?

This share must be spent on abatement uses described in the national settlement agreements’ (non-exhaustive) Exhibit E, which includes prevention, harm reduction, treatment, recovery, and other strategies.[2]

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

Localities decide autonomously (but must report expenditures to Connecticut Opioid Settlement Advisory Committee). Decisionmakers for the municipalities will ultimately decide for themselves how to spend their monies on Exhibit E uses.[3] See, e.g., New Haven (reporting city’s uses of direct shares on grants to community health centers), New London (reporting on mayor’s intent to ask city’s council to establish a dedicated fund).

Are supplantation uses prohibited for this share?

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

Can I see how this share has been spent?

Yes (public reporting required). View annual municipal settlement proceeds reports on the Connecticut Opioid Settlement Advisory Committee’s (OSAC) website. Municipalities that directly receive settlement funds must submit an annual expenditure report to the OSAC,[4] and the Department of Mental Health and Addiction Services must publish these reports on its website.[5]

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. Letter to State Legislative Leaders “Re: Opioid Distributors/Johnson & Johnson Settlement.” Office of the Attorney General of Connecticut. August 3, 2021 (“The proceeds of the settlement will be distributed as follows: 85% will be distributed to the state and 15% to municipalities who sign on to the settlement agreements. (The 85% distributed to the state consists of 70% for prospective abatement efforts only, and the remaining 15% is intended for abatement generally)”). ↑

2. Letter to Chief Executive Officers and Counsel for Litigating Municipalities “Re: Settlement Agreement with Pharmaceutical Distributors and Johnson & Johnson: Guidance for Municipalities.” Cara Passaro, Chief Counsel to the Attorney General and Director of Legislative Affairs. July 21, 2021 (“How are the funds to be used by municipalities? Funds are to be used exclusively for opioid abatement purposes, including, but not limited to, expanding access to opioid use disorder prevention, intervention, treatment, and recovery options”). See also Distributor Settlement Agreement, Sec. 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. Attorney General Tong Announces Arrival of $13.5 Million to Connecticut from $26 Billion Opioid Distributor Settlement. Office of the Attorney General of Connecticut press release. October 26, 2022. Accessed August 13, 2024 (“Fifteen percent of the settlement funds are going directly to cities and towns, with the remaining 85 percent going to the state”). See also Kevin Maloney. With CCM’s assistance, Connecticut towns and cities will receive at least $300 million in funding from national settlement on opioid costs. Connecticut Conference of Municipalities press release. No publication date available. Accessed August 13, 2024 (“we are grateful that towns and cities will receive the maximum payments – at least $300 million over the next 18 years … In October, CCM’s Board of Directors formed the Special Committee on Opioids Settlement to offer guidance to towns and cities on the receipt and dissemination of funds through the National Opioids Settlement”). ↑

4. Conn. Gen. Stat. Sec. 17a-674c(e). ↑

5. Conn. Gen. Stat. Sec. 17a-674d(j)(4) (“The department shall create and maintain an Internet web site where the committee shall publish … reports received from municipalities pursuant to subsection (e) of section 17a-674c”). ↑

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

• 85% Opioid Settlement Fund share: Connecticut Opioid Settlement Advisory Committee

• 15% local share: local officials for municipalities

Has the state established an advisory body for settlement funds?

Yes. The Opioid Settlement Advisory Committee (OSAC) was created by state law to approve allocations from the 85% Opioid Settlement Fund.[1] OSAC is responsible for “[r]ecommend[ing] and approv[ing] . . . criteria for the application, awarding, and disbursement” of this share.[2] It is also empowered to “recommend and approve goals, objectives . . . sustainability plans, and performance indicators” across three key areas:

• Substance use disorder prevention, treatment, recovery, and harm reduction efforts, including “methods of engaging persons who utilize harm reduction program services in treatment and recovery.”

• Reducing disparities in access to services and supports.

• Improving health outcomes in “traditionally underserved populations, including, but not limited to, persons who live in rural or tribal communities, are members of racial or ethnic minorities or were formerly incarcerated.”[3]

Recipients of Opioid Settlement Fund monies are required to report their expenditures to OSAC,[4] as are municipalities, who receive their 15% share directly.[5] The Department of Mental Health and Addiction Services (DMHAS) is required to maintain a website that hosts OSAC’s meetings minutes, various reports, and policies.[6]

Although state law requires OSAC to hold public meetings at least quarterly,[7] in practice it has convened every other month.[8]

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

Not necessarily (individuals or family members). State law requires the Commissioner of Mental Health and Addiction Services to appoint “three individuals with experience living with a substance use disorder or family members of an individual with experience living with a substance use disorder” to the OSAC.[9] This means that the OSAC’s membership requirements could be satisfied without the inclusion of an individual who themselves have lived and/or living experience.

What is the overall membership of the state advisory body?

The composition of the forty five-member (45) Opioid Settlement Advisor Committee (OSAC) is established by state law:[10]

• Secretary of the Office of Policy and Management or their designee[11]

• State Attorney General or their designee[12]

• Commissioners of Children and Families, Mental Health and Addiction Services, and Public Health or their designees[13]

• Various legislative leaders (8 total):

  • President Pro Tempore of the Connecticut Senate and Speaker of the Connecticut House of Representatives

  • Majority and minority leaders of each chamber

  • Chairpersons and ranking members of the Appropriations Committee and Public Health Committee in each chamber[14]

• Twenty-three (23) municipal representatives, appointed by the Governor[15]

• Executive Director of the Commission on Racial Equity in Public Health, or their designee[16]

• Eight (8) individuals appointed by the Commissioner of Mental Health and Addiction Services, including:

  • Provider of community-based substance use treatment services for adults and provider of community-based substance use treatment for adolescents (both non-voting)[17]

  • Addiction medicine-licensed health care professional with prescribing authority (non-voting)[18]

  • Three (3) individuals with lived experience of substance use disorder or family members of individuals with such experience[19]

  • Two (2) individuals with experience supporting “infants and children affected by the opioid crisis”[20]

Members of the OSAC generally serve two-year terms and may serve a maximum of two consecutive terms, and any member can be removed by their appointing authority for “misfeasance, malfeasance, or wil[l]ful neglect of duty.”[21] The current OSAC roster can be found here.

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). Municipalities in Connecticut are not required to establish opioid settlement advisory bodies. However, municipalities may independently 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. Conn. Gen. Stat. Sec. 17a-674d(f)(3). ↑

2. Conn. Gen. Stat. Sec. 17a-674d(f)(1). ↑

3. Conn. Gen. Stat. Sec. 17a-674d(f)(2). ↑

4. Conn. Gen. Stat. Sec. 17a-674d(h) (requiring expenditure reporting from recipients of the Opioid Settlement Fund’s 85% share). ↑

5. Conn. Gen. Stat. Sec. 17a-674c(e) (requiring expenditure reporting from municipalities for their 15% share). Letter to State Legislative Leaders “Re: Opioid Distributors/Johnson & Johnson Settlement.” Office of the Attorney General of Connecticut. August 3, 2021 (“The proceeds of the settlement will be distributed as follows: 85% will be distributed to the state and 15% to municipalities who sign on to the settlement agreements. (The 85% distributed to the state consists of 70% for prospective abatement efforts only, and the remaining 15% is intended for abatement generally)”). ↑

6. Conn. Gen. Stat. Sec. 17a-674d(j). ↑

7. Conn. Gen. Stat. Sec. 17a-674d(i). ↑

8. See CT Opioid Settlement Advisory Committee (“Meetings”). Connecticut State Department of Mental Health and Addiction Services website. Accessed September 1, 2024 (displaying meeting dates since 2023). ↑

9. Conn. Gen. Stat. §Sec. 17a-674d(b)(7)(D) (emphasis added). ↑

10. Conn. Gen. Stat. Sec. 17a-674d(b)(1)-(7). ↑

11. Conn. Gen. Stat. Sec. 17a-674d(b)(1). ↑

12. Conn. Gen. Stat. Sec. 17a-674d(b)(2). ↑

13. Conn. Gen. Stat. Sec. 17a-674d(b)(3). ↑

14. Conn. Gen. Stat. Sec. 17a-674d(b)(4). Interestingly, the legislative members of OSAC may be represented by those members’ designees, but only if “such persons have experience living with a substance use disorder or are the family member of a person who has experience living with substance use disorder.” Id. ↑

15. Conn. Gen. Stat. Sec. 17a-674d(b)(5). ↑

16. Conn. Gen. Stat. Sec. 17a-674d(b)(6). ↑

17. Conn. Gen. Stat. Sec. 17a-674d(b)(7)(A)-(B). ↑

18. Conn. Gen. Stat. Sec. 17a-674d(b)(7)(C). ↑

19. Conn. Gen. Stat. Sec. 17a-674d(b)(7)(D) ↑

20. Conn. Gen. Stat. Sec. 17a-674d(b)(7)(E). ↑

21. Conn. Gen. Stat. Sec. 17a-674d(e). A member may continue to serve even after their term expires “until a successor is appointed.” Id. ↑

Can I provide input on spending?

• 85% Opioid Settlement Fund share: Yes (required). State law requires the Opioid Settlement Advisory Committee (OSAC) to ensure “robust public involvement, accountability and transparency” when allocating and accounting for the Opioid Settlement Fund share,[1] and its bylaws requires the OSAC to “allow participation of members of the public in Committee meetings during designated public participation portion of the meeting.”[2] OSAC’s Opioid Settlement Advisory Committee Public Participation Guidelines describe how individuals or organizations can request a public presentation, offer comments, or submit written materials.[3]

  • In Fall 2023, OSAC received public input through an online portal that was open for just thirty (30) days,[4] during which it received 132 recommendations for funding priorities.[5]

  • Members of the public also had the chance to weigh in with feedback on draft recommendations from the Connecticut Opioid REsponse (CORE) Initiative, which held a public review period for its final set of funding priorities submitted to OSAC in March 2024.[6]

• 15% municipalities’ share: Up to each locality (not required). Local governments are not required to seek public input on spending their share of settlement funds. However, each may choose to seek such input. For example, Torrington’s mayor has announced that the city has “opted to use the city council and a public hearing process to determine how to spend the funds,”[7] and Bristol’s mayor “encourages anyone with “innovative ideas” on how to address the issue of substance abuse prevention to attend the meeting of the Opioid Task Force.”[8] You can read municipalities’ reports of their planning processes in their required reporting to OSAC.[9]

Can I apply for grants?

It depends. As of September 1, 2024, the state has not established specific grant opportunities with state settlement funds, but community organizations are eligible to receive funding from the Opioid Settlement Fund via the Opioid Settlement Advisory Committee.[10] Local governments may create grant programs to distribute their share of funds. The existence, parameters, and processes for local settlement grant programs will vary by locality, so stay alert for new opportunities. Visit the Opioid Settlement Community Grants Portals (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.

Where do I go for updates?

• For updates on the Opioid Settlement Fund share, visit the Opioid Settlement Advisory Committee’s website.

• To find updates on the local share, a good starting point is to check the websites for your county commission, city council, or local health department. Municipalities’ payments and expenditures are published on the Opioid Settlement Advisory Committee’s website.

What else should I know?

Not applicable.

Citations

1. Conn. Gen. Stat. Sec. 17a-674d(a). ↑

2. Connecticut State Opioid Settlement Advisory Committee Bylaws, Art. III, Sec. 8. July 11, 2023. It is unclear whether this requirement applies to the activities of OSAC’s six subcommittees. Minutes from subcommittees’ recent meetings do not show dedicated public comment periods. ↑

3. Opioid Settlement Advisory Committee Public Participation Guideline. Connecticut State Opioid Settlement Advisory Committee. July 11, 2023. ↑

4. See Opioid Settlement Advisory Committee Opens Portal to Collect Public Input on Funding of Initiatives to Combat the Opioid Crisis. Connecticut Department of Mental Health and Addiction Services press release. October 3, 2023. Accessed September 1, 2024. ↑

5. January 9, 2024 Meeting Minutes. Connecticut Opioid Settlement Advisory Committee. Accessed September 1, 2024 (“The Opioid Settlement Advisory Committee opened a public input portal as part of our statutory charge is to have a healthy public input and a transparent process. As there are multiple intakes for the committee, we also really wanted to open it up to the public as well, so we opened the portal from October 17th, 2023 – November 17th, 2023. In that time, we got 132 funding recommendations”). ↑

6. David Fiellin. Connecticut Opioid Response (CORE) Strategic Plan Draft Report Summary. September 12, 2023. CORE is an initiative based out of the Yale School of Medicine and Yale School of Public Health. The initiative drafted an initial report in 2016, at the request of the governor. The more recent report and recommendations were developed by CORE at the request of the Department of Mental Health and Addiction Services (DMHAS), in coordination with the state’s Alcohol and Drug Policy Council (ADPC). ↑

7. Andrew Brown. Many CT towns, cities still deciding how to spend opioid funds. CT Mirror. March 4, 2024. Accessed September 1, 2024. ↑

8. Brian M. Johnson. Seeking ideas: City opioid task force to consider settlement. The Bristol Press. July 14, 2024. Accessed September 1, 2024. ↑

9. See, e.g., Opioid Settlement Advisory Committee- Municipal Settlement Proceeds Report, PA 23-92. January 4, 2024. ↑

10. See Conn. Gen. Stat. Sec. 17a-674c(g)(4) (“Governmental and nonprofit nongovernmental entities shall be eligible to receive moneys from the fund for programs, services, supports and resources for prevention, treatment, recovery and harm reduction”); Connecticut State Opioid Settlement Advisory Committee Bylaws, Art. II, Sec. 5. July 11, 2023. ↑

Opioid Settlement Advisory Committee

• Introduction and Approval of Opioid Remediation Recommendations

• Opioid Settlement Advisory Committee Public Participation Guidelines

• Municipal Settlement Proceeds Report, PA 23-92 (January 2024)

Connecticut Opioid REsponse (CORE) Initiative

• Report on Funding Priorities for the Opioid Settlement Funds in the State of Connecticut (March 2024)

This Community Guide will describe how Connecticut is spending its opioid settlements and whether Connecticut is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.

Where do these monies live?

The Opioid Settlement Fund holds 85% of Connecticut’s opioid settlement funds.[1]

What can this share be spent on?

With limited exceptions,[2] this share must be spent on abatement uses consistent with the national settlement agreement’s (non-exhaustive) Exhibit E, which includes prevention, harm reduction, treatment, recovery, and other strategies.[3]

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

Subcommittees and stakeholders recommend, Connecticut Opioid Settlement Advisory Committee (OSAC) decides, Department of Mental Health and Addiction Services administers and oversees. The Opioid Settlement Advisory Committee,[4] which ultimately decides specific expenditures for this share,[5] consults recommendations from several stakeholders and subcommittees — including Yale’s Connecticut Opioid REsponse (CORE) Initiative[6] — before approving allocations of the Opioid Settlement Fund.[7] The Department of Mental Health and Addiction Services (DMHA) then disburses funds and oversees their uses.[8]

Are supplantation uses prohibited for this share?

Yes, supplantation is prohibited. State law explicitly states that the Opioid Settlement Fund’s expenditures “shall be supplemental to, and shall not supplant or take the place of, any other funds … that would otherwise have been expended for such purposes.”[9] Connecticut goes a step further by requiring the Secretary of the Office of Policy and Management to submit a letter each year to the Opioid Settlement Advisory Committee verifying that funds appropriated from the Opioid Settlement Fund in that fiscal year’s budget for “substance use disorder abatement infrastructure, programs, services, supports, and resources for prevention, treatment, recovery and harm reduction” are not less than the funds appropriated and allocated from the previous fiscal year’s budget for those purposes.[10]

Can I see how this share has been spent?

Yes (public reporting required). You can view “Approved Funding Recommendation” documents on the Connecticut Opioid Settlement Advisory Committee’s website. The Opioid Settlement Advisory Committee is also required to submit an annual report to the Connecticut General Assembly that summarizes its activities and expenditures from the Opioid Settlement Fund share,[11] and the Commissioner of Department of Mental Health and Addiction Services is required to publish the report on the department’s website.[12]

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. Conn. Gen. Stat. Sec. 17a-674c(a)-(b). See also Letter to State Legislative Leaders “Re: Opioid Distributors/Johnson & Johnson Settlement.” Office of the Attorney General of Connecticut. August 3, 2021 (“The proceeds of the settlement will be distributed as follows: 85% will be distributed to the state and 15% to municipalities who sign on to the settlement agreements. (The 85% distributed to the state consists of 70% for prospective abatement efforts only, and the remaining 15% is intended for abatement generally)”). ↑

2. See, e.g., Conn. Gen. Stat. Secs. 17a-674c(f)(8) (describing allowable administrative expenses and attorneys’ fees uses), (g)(2) (describing costs “to refund to the federal government a portion of the proceeds”). ↑

3. Conn. Gen. Stat. Sec. 17a-674c(f) (“Moneys in the fund shall be spent only for the following substance use disorder abatement purposes, in accordance with the controlling judgment, consent decree or settlement, as confirmed by the Attorney General's review of such judgment, consent decree or settlement and upon the approval of the committee and the Secretary of the Office of Policy and Management”). Although Connecticut state law enumerates its own list of allowable abatement purposes, these are understood to function as a summary of the national settlement agreements’ “Exhibit E,” which “provides a non-exhaustive list of expenditures that qualify as being paid for Opioid Remediation. Qualifying expenditures may include reasonable related administrative expenses.” Distributor Settlement Agreement I.SS. See also Opioid Settlement Advisory Committee’s website, which links to Exhibit E as its “List of Opioid Remediation Uses.” ↑

4. The Committee is co-chaired by DMHAS and a municipal representative. Bylaws Article II Sec. 3. ↑

5. After the state Attorney General has confirmed that the use “is in accordance with the controlling judgment, consent decree or settlement” and approval from the Secretary of the Office of Policy and Management. Gen. Stat. Sec. 17a-674c(f). ↑

6. Julie Parry. Amid Opioid Overdose Crisis, Yale Program in Addiction Medicine Advises State on Drug Company Settlement Spending. Yale School of Medicine website. April 30, 2024. Accessed August 12, 2024 (“faculty and staff from the Yale Program in Addiction Medicine of the Yale School of Medicine and Yale School of Public Health, comprising the Connecticut Opioid REsponse (CORE) Initiative, recently released a 66-page report outlining evidence-based funding priorities to advise the Connecticut Opioid Settlement Advisory Committee (OSAC) on distribution of opioid settlement funds”). See also Introduction and Approval of Opioid Remediation Recommendations. Opioid Settlement Advisory Committee. July 11, 2023. Accessed August 12, 2024 (describing CORE report as just one type of stakeholder input). ↑

7. Conn. Gen. Stat. Sec. 17a-674d(f)(1)-(3). More specifically, the OSAC’s Referral Subcommittee summarizes input from stakeholders and reviews recommendations with the Connecticut Alcohol and Drug Policy Council (ADPC). The ADPC submits prioritized recommendations to the OSAC’s Research/Data Subcommittee, who determines if the recommendation is an evidence-based or promising practice, and if evaluation is needed. If the recommendation is an evidence-based or promising practice, the OSAC Finance/Compliance Subcommittee determines whether the recommendation is an allowable use. If so, the recommendation is reported to the full OSAC, who votes on the recommendation. If approved by the OSAC, the recommendation goes to the Office of Policy and Management (OPM) for approval. After approval from both OSAC and OPM, the Department of Mental Health and Addiction Services contracts with the provider (the state attorney general’s office reviews contract language). See Introduction and Approval of Opioid Remediation Recommendations. Opioid Settlement Advisory Committee. July 11, 2023. Accessed August 12, 2024. See also Andrew Brown. CT OKs $8M in opioid settlement money for a range of services. CT Mirror. May 14, 2024. Accessed August 12, 2024 (“Any proposal for how the money should be used has to go through a multi-step process before it can be approved by the full advisory committee. And even then, the committee has shown reluctance to dole out the money too quickly”). ↑

8. Conn. Gen. Stat. Sec. 17a-674c(g)(5) (“fund disbursements shall be made by the commissioner upon approval of the committee. The commissioner shall not make or refuse to make any disbursement allowable under this subsection without the approval of the committee. The commissioner shall adhere to the committee’s decisions regarding disbursement of moneys from the fund, provided such disbursement is a permissible expenditure under this section. The commissioner’s role in the distribution of moneys after the distribution has been approved by the committee and after the review and approval required under subsection (f) of this section shall be ministerial and shall not be discretionary”). ↑

9. Conn. Gen. Stat. § 17a-674c(g)(6) (“Moneys expended from the fund … shall be supplemental to, and shall not supplant or take the place of, any other funds, including, but not limited to, insurance benefits or local, state or federal funding, that would otherwise have been expended for such purposes”). ↑

10. Conn. Gen. Stat. Sec. 17a-674c(g)(6). ↑

11. Conn. Gen. Stat. Sec. 17a-674f(a). ↑

12. Conn. Gen. Stat. Sec. 17a-674f(b). ↑