Advisory Bodies
Has the state established an advisory body for settlement funds?
Yes. The Prescription Opioid Settlement Distribution Commission (POSDC) was established by state law as a subcommittee of the Behavioral Health Consortium.[1] The POSDC is responsible for with making recommendations to the Behavioral Health Consortium on the distribution of settlement funds and ensuring that their uses are “coordinated to abate the opioid crisis in Delaware and not diverted to other purposes.”[2]
The POSDC is also required by state law to create a Local Governments Committee to provide recommendations on the distribution of opioid settlement funds.[3]
Is the state advisory body required to include member(s) with lived and/or living experience?
No. The POSDC is not required to include a member with lived and/or living experience.
What is the overall membership of the state advisory body?
The POSDC’s current members are listed here. The POSDC is co-chaired by the state’s Attorney General and Governor (or their designees) and is required by state law to contain the following fifteen (15) members,[4] each whom may also select a designee to serve in their stead:[5]
State Attorney General
The Governor
The Secretary of the Department of Health and Social Services
Four (4) members of the state legislature, representing both chambers and parties
Two (2) members of the public who live in Delaware, one of whom is appointed by the Governor and the other by the Attorney General
Three (3) members representing each county government in Delaware (New Castle, Kent, and Sussex)
One (1) member representing a participating municipal government, appointed by the Governor from a list of candidates provided by the Delaware League of Local Governments
One (1) member representing a “substance use disorder advocacy group,” appointed by the Attorney General
One (1) member representing the “addiction recovery system,” appointed by the Governor
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) (see also Local Governments Committee). Though local governments in Delaware are not required to establish their own opioid settlement advisory bodies, the POSDC’s Local Governments Committee must include the three members of the POSDC representing county governments and the member representing municipal government. Additional representatives from municipal governments may also be included,[6] and members with lived and/or living experience are not required.
What else should I know?
The co-chairs of the POSDC — i.e., the Governor and Attorney General (or their designees) — are empowered by state law to create additional committees.[7] As of September 1, 2024, the POSDC links to six on its website: Behavioral Health Resources Committee, Budget and Reporting Committee, Equity Committee, Governance Committee, and the Public Outreach and Community Input Committee. Individuals who are not members of the POSDC can serve as a member of these additional committees.[8]
Citations
16 Del. C. Sec. 5195(a)(2). See also Behavioral Health Consortium. Office of the Lieutenant Governor Bethany Hall-Long. Delaware website. Accessed September 1, 2024 (“The Behavioral Health Consortium (BHC) is an advisory body comprised of community advocates, law enforcement, healthcare professionals, and state leaders that works towards solutions for action to address prevention, treatment, and recovery for mental health, substance use, and co-occurring disorders. The consortium continues to develop short-term and long-term strategies and initiatives to address the major addiction and mental health challenges we face in Delaware”). ↑
16 Del. C. Secs. 5196A(a) (“The Commission shall make recommendations to the Consortium regarding all distributions from the money in the Settlement Fund and the Impact Fund”), 5195(b)(2)(d) ("The Commission shall distribute settlement moneys, as well as opioid impact fees, to ensure that the use of settlement proceeds and impact fees is coordinated to abate the opioid crisis in Delaware and not diverted to other purposes. It is the intent of the General Assembly that moneys from statewide opioid settlement agreements and the prescription opioid impact fee are used to maximize harm reduction from the opioid crisis and to provide Delawareans with a coordinated opportunity to provide input on the best ways to spend these moneys in order to abate the opioid crisis”). ↑
16 Del. C. Sec. 5196A(e), (e)(3) ("If the Commission does not adopt the recommendations of the Local Government Committee, the Commission shall provide a written explanation of the decision and provide an opportunity for the Local Government Committee to respond”). See also Resolution No. 2022-1 Establishing the Local Government Committee and Initial Charter. Prescription Opioid Settlement Distribution Commission. November 14, 2022. ↑
16 Del. C. Secs. 5196A(b)-(c). ↑
16 Del. C. Sec. 5196A(b). ↑
16 Del. C. Sec. 5196A(e)(1). ↑
16 Del. C. Sec. 5196A(f). ↑
16 Del. C. Sec. 5196A(f). ↑
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