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No. The GOSAC is not required to include a member with lived and/or living experience.
At least one member from a county’s board of health
One (1) executive team member of a Community Service Board,
One (1) sheriff (or designated representative)[14]
Yes. The (GOSAC) was established by to act as the “Government Participation Mechanism” described in Georgia’s settlement .[1] Its role is to consult and recommend on allocations of the state share.[2] The GOSAC’s recommendations are made by majority vote, but the retains “final authority” over allocation of funds from Georgia Opioid Crisis Abatement Trust.[3] The GOSAC is required to meet at least quarterly.[4] Unlike most states’ opioid settlement advisory bodies, the GOSAC does not publish its meetings materials on its .[5]
The composition of the nine-member (9) (GOSAC) is defined by executive order and the state’s settlement MOU. The GOSAC includes eight (8) voting members and one non-voting chair,[6] and each appointee must have a “background in opioid use disorder, addiction treatment or policy, public health policy, mental health treatment or policy, or opioid-related law enforcement.”[7]
The MOU merely requires the to appoint “at least 1 member.”[8]
The governor made five initial appointments — four (4) members of the GOSAC and its single non-voting chair — via a May 2023 .[9]
Members of GOSAC are appointed for three-year terms.[10] Current GOSAC members are listed .
No (up to each locality) (but see ). Local governments in Georgia are not required to individually establish opioid settlement advisory bodies. However, localities 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.
The local governments of the of the Georgia Department of Behavioral Health and Developmental Disabilities are required to create , who are each responsible for consulting local governments and the Commission on best uses of funds within the region.[11] However, “[i]n every instance the Trustee shall retain final authority over disbursement” of this “” sub-share.[12]
Members of each RAC are listed . RACs are required to contain between three and seven members, “not all of whom may reside in the same County”:[13]
State of Georgia and Local Governments: Memorandum of Understanding Concerning National Distributor and Johnson & Johnson Opioid Settlements (“Georgia Distributor and J&J MOU”), Secs. . See also . 266 Ga. Gov’t Reg. 10 (LexisNexis June 2023) (“the aforementioned GPM is hereby established as the Georgia Opioid Settlement Advisory Commission ('GOSAC’)”). ↑
. Georgia Opioid Crisis Abatement Trust Website. Accessed September 1, 2024. See also Governor Kemp’s May 18 2023 . 266 Ga. Gov’t Reg. 10 (LexisNexis June 2023); Georgia Distributor and J&J MOU, Secs. . ↑
Georgia Distributor and J&J MOU, Sec. ; State of Georgia and Local Governments: Memorandum of Understanding Concerning National Settlements with Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Walmart Inc., CVS Health Corporation and CVS Pharmacy, Inc., and Walgreen Co. (“Georgia Subsequent Settlement MOU”), Sec. . ↑
Georgia Distributor and J&J MOU, Sec. . ↑
As September 1, 2024. If you see this change, . ↑
. 266 Ga. Gov’t Reg. 10 (LexisNexis June 2023). ↑
Georgia Distributor and J&J MOU, Sec. . ↑
Georgia Distributor and J&J MOU, Sec. . ↑
Each “for a term of office expiring May 18, 2026.” May 18, 2023 . 266 Ga. Gov’t Reg. 10 (LexisNexis June 2023). ↑
Georgia Distributor and J&J MOU, Sec. . ↑
. Georgia Opioid Crisis Abatement Trust website. Accessed September 1, 2024. ↑
Georgia Distributor and J&J MOU, Sec. ; Georgia Subsequent Settlement MOU, Sec. . See also . Georgia Opioid Crisis Abatement Trust. April 26, 2024. ↑
Georgia Distributor and J&J MOU, Sec. . See also . Georgia Opioid Crisis Abatement Trust website. Accessed September 1, 2024. ↑
Georgia Distributor and J&J MOU, Sec. . ↑
Here are the entities that ultimately decide how each of Georgia’s opioid settlement shares are spent:
25% local share: decisionmakers for cities and counties
75% state share: of the decides majority; and local officials for the city of Atlanta and Cobb, DeKalb, Fulton, and Gwinnett Counties decide remaining
(December 15, 2023)
(December 15, 2023)
This Community Guide will describe how Georgia is spending its opioid settlements and whether Georgia is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.
Ultimate Decisionmaker
of the and local officials for the city of Atlanta and Cobb, DeKalb, Fulton, and Gwinnett Counties
Local officials of cities and counties
Decision-making Process
The Trustee of the Georgia Opioid Abatement Trust directly approves the majority of funding from this share with input from the (GOSAC) and .
Cobb, DeKalb, Fulton, and Gwinnett Counties and the city of Atlanta independently decide how to spend the remaining portion of regional funds.
Localities decide autonomously with guidance from their .
Supplantation
Not prohibited
Not prohibited
Grant Funding
Yes. See the Georgia Opioid Abatement Trust’s page.
Up to each locality (availability and processes will vary)
Public Input
Not… yet? (not required but anticipated)
Up to each locality (not required)
Advisory Body
Yes (required). See the .
GOSAC is not required to include member(s) with lived and/or living experience.
Up to each locality (not required). But see details on required by Georgia’s MOU.
Expenditures
Public reporting required. Expenditure data will eventually be available on the Georgia Opioid Crisis Abatement Trust’s .
Neither public nor intrastate reporting required
Updates
For updates on the state share, visit the website, which includes information about the Trust’s , the , , and .
To find updates on the local share, a good starting point is to check the website for your county commission, city council, or local health department.
$880.74 million[1]
[1] Total is rounded. See . Accessed September 1, 2024.
75% to the state and 25% to local governments
State-Local Agreements ( and ); Executive Order ()
25% local share: Up to each locality (not required). Local governments are not required to seek public input on uses of their shares. However, each may choose to seek such input. Watch for opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls.
To find updates on the local share, a good starting point is to check the website for your county commission, city council, or local health department.
Not applicable.
For certain counties, at least 9.45% of their funds is allocated to the county’s sheriff.[2]
For certain counties, at least 2% of their funds is allocated to the county’s public hospital(s).[3]
For certain counties, at least 1% of their funds is allocated to the county’s school district.[4]
Georgia’s MOU requires at least 70% of the state’s opioid settlement funds overall to be spent on prospective abatement purposes but does not assign specific abatement thresholds to each share.[7]
No, supplantation is not prohibited. Like most states, Georgia does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 25% local government 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.
Not applicable.
Where do these monies live?
It depends:
The Georgia Opioid Crisis Abatement Trust holds the state’s 75% share of settlement funds from the distributor and Janssen settlements,[1] and 30% of the state’s total funds from settlements with Allergan, CVS, Teva, Walgreens, and Walmart.[2] This constitutes most funds in this share.
Sixty percent (60%) of the state’s share of funds from settlements with Allergan, CVS, Teva, Walgreens, and Walmart – 45% of funds from these settlements – are held by the State Treasury.[3]
At least 30% of Georgia’s total opioid settlement funds — 40% of this 75% state share — is “earmarked” for regional uses across the state’s 11 regions:
Only QBG regions receive their monies directly; to do so, each had to certify that they have sufficient infrastructure to provide opioid abatement services.[6]
Georgia’s settlement MOUs require at least 70% of the state’s opioid settlement funds overall to be spent on prospective abatement purposes but does not assign specific abatement thresholds to each share.[9]
Trustee of the Georgia Opioid Abatement Trust decides majority; Georgia General Assembly and local officials for the city of Atlanta and Cobb, DeKalb, Fulton, and Gwinnett Counties decide remaining.[10]
For the 30% of funds that must be spent regionally:
No, supplantation is not prohibited. Like most states, Georgia does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 75% state share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.
Not applicable.
75% state share: Not… yet? (not required). The state has not established recurring opportunities for the public to provide input on uses of its 75% share.[1] However, the Trustee of the (GOSAC) intends for future GOSAC meetings to include dedicated opportunities for public comment.[2]
Yes. Georgia has established settlement-funded for which community organizations are eligible to apply. Local governments also 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 (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.
For updates on the state share, visit the website, which includes information about the Trust’s , , , and .
You can also from Community Education Group’s , which tracks information about the 13 states of Appalachia.
If you see this change, email . There is no legal requirement for decision-makers to seek public input on uses of this share. ↑
Vital Strategies and OpioidSettlementTracker.com have confirmed this intent in an August 2024 e-mail exchange with the , whose Commissioner also serves as Trustee of the . ↑
This share is distributed to Georgia’s :[1]
Excepting a 15% set-aside for attorneys’ fees,[5] this share must be spent on the uses described in the national settlement agreement’s (non-exhaustive) , which includes prevention, harm reduction, treatment, recovery, and other strategies.[6]
Localities decide autonomously (with regional advisory council guidance). Decisionmakers for the counties and municipalities will ultimately decide for themselves how to spend their monies on Exhibit E uses.[8] For example, established an to recommend strategies to the county’s board of commissioners.[9]
The local governments of the of the Georgia Department of Behavioral Health and Developmental Disabilities are required to create , who are each responsible for consulting local governments and the Advisory Commission on best uses of funds within the region.[10]
Visit OpioidSettlementTracker.com’s for an updated collection of states’ and localities’ available expenditure reports.
State of Georgia and Local Governments: Memorandum of Understanding Concerning National Distributor and Johnson & Johnson Opioid Settlements (“Georgia Distributor and J&J MOU”), Sec. ; State of Georgia and Local Governments: Memorandum of Understanding Concerning National Settlements with Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Walmart Inc., CVS Health Corporation and CVS Pharmacy, Inc., and Walgreen Co. (“Georgia Subsequent Settlement MOU”), Sec. . ↑
Georgia Distributor and J&J MOU, Sec. (“If a county who is a Participating Local Government under this Memorandum has a sheriff who is a Litigating Subdivision listed in of the National Distributor Settlement”); Georgia Subsequent Settlement MOU, Sec. (substantively the same). ↑
Georgia Distributor and J&J MOU, Sec. (“If a county who is a Participating Local Government under this Memorandum has a hospital which is a Litigating Subdivision listed in ”); Georgia Subsequent Settlement MOU, Sec. (substantively the same). ↑
Georgia Distributor and J&J MOU, Sec. (“If a county who is a Participating Local Government under this Memorandum has a school district which is a Litigating Subdivision listed in ”); Georgia Subsequent Settlement MOU, Sec. (substantively the same). ↑
Georgia Distributor and J&J MOU, Sec. (setting aside 15% of local governments’ 25% share to fund the Local Government Cost and Fee Fund (attorneys’ fees)); Georgia Subsequent Settlement MOU, Sec. . See also Georgia Distributor and J&J MOU, Sec. (summarizing exceptions); Georgia Subsequent Settlement MOU, Sec. (summarizing exceptions); Distributor Settlement Agreement, Sec. (“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”). ↑
Georgia Distributor and J&J MOU, Secs. , ; Georgia Subsequent Settlement MOU, Sec. . See also Distributor Settlement Agreement, Sec. (“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”). ↑
Georgia Distributor and J&J MOU, Sec. (adding that any funds used to reimburse past expenditures may not be spent on past Medicaid expenses or other expenses subject to federal clawback); Georgia Subsequent Settlement MOU, Sec. (same). ↑
Georgia Distributor and J&J MOU, Sec. ; Georgia Subsequent Settlement MOU, Sec. . ↑
. Cobb County Board of Commissioners. April 23, 2024. Accessed August 26, 2024. See also Larry Felton Johnson. . Cobb Courier. June 16, 2024. Accessed August 26, 2024. ↑
Georgia Distributor and J&J MOU, Secs. ; Georgia Subsequent Settlement MOU, Sec. . See also . Georgia Opioid Crisis Abatement Trust website. Accessed August 26, 2024. ↑
The of the Georgia Department of Behavioral Health and Developmental Disabilities.[4]
The five (QBGs), i.e., the City of Atlanta, Cobb County, DeKalb County, Fulton County, and Gwinnett County.[5]
With limited exceptions,[7] this share must be spent on the uses described in the national settlement agreements’ (non-exhaustive) ,[8] which includes prevention, harm reduction, treatment, recovery, and other strategies.
In January 2024, the Georgia Department of Behavioral Health and Developmental Disabilities published “Continuum of Care” “to inform the public and potential applicants of current resources, missing provisions of service, and the extent of overdose prevalence in certain areas.”
The for the — currently the Commissioner of the Georgia Department of Behavioral Health and Developmental Disabilities[11] — ultimately approves specific expenditures for the majority of share after consulting the and .[12] This share includes 75% of the state’s total funds from the distributor and Janssen settlements and 30% of the state’s total funds from settlements with Allergan, CVS, Teva, Walgreens, and Walmart.
The was established in 2023 to provide recommendations to the Trustee on the Trust’s overall expenditures.[13]
The ultimately decides via appropriations how to spend 45% of the state’s total funds from settlements with Allergan, CVS, Teva, Walgreens, and Walmart.[14]
The local governments of the of the Georgia Department of Behavioral Health and Developmental Disabilities are required to create , who are each responsible for consulting local governments and the Advisory Commission on best uses of funds within the region.[15] However, “the Trustee … retain[s] final authority over disbursement” of this “” sub-share.[16]
— the City of Atlanta, Cobb County, DeKalb County, Fulton County, and Gwinnett County — are ultimately responsible for “approv[ing] opportunities in their community for opioid abatement” for this “” sub-share according to the terms of their own decision-making processes.[17]
Eventually (public reporting required). Expenditure data will eventually be available on the Georgia Opioid Crisis Abatement Trust’s . The state must publish on its website an annual report detailing expenditures from this share, including individual expenditure reports from each Regional Advisory Council.[18]
Visit OpioidSettlementTracker.com’s for an updated collection of states’ and localities’ available expenditure reports.
State of Georgia and Local Governments: Memorandum of Understanding Concerning National Distributor and Johnson & Johnson Opioid Settlements (“Georgia Distributor and J&J MOU”), Secs. , . ↑
State of Georgia and Local Governments: Memorandum of Understanding Concerning National Settlements with Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Walmart Inc., CVS Health Corporation and CVS Pharmacy, Inc., and Walgreen Co. (“Georgia Subsequent Settlement MOU”), Secs. . More specifically, the Trust receives 40% of the state’s 75% share from these settlements. ↑
Georgia Subsequent Settlement MOU, Secs. . ↑
, Slide 10. October 26, 2022. Accessed August 19, 2024. See also . Georgia Department of Behavioral Health and Developmental Disabilities website. Accessed August 19, 2024. ↑
Georgia Distributor and J&J MOU, Secs. , (“Each county with a population of at least 400,000 persons (‘Qualifying Block Grantee’) shall be counted as a separate Region”), ; Georgia Subsequent Settlement MOU, . See also . Georgia Opioid Crisis Abatement Trust website. Accessed August 19, 2024 (“Each QBG is a region”). ↑
Georgia Distributor and J&J MOU, Secs. ; Georgia Subsequent Settlement MOU, Sec. . ↑
Georgia Distributor and J&J MOU, Sec. (providing that “[t]he Trustee shall make disbursements of State Opioid Funds for (1) Approved Purposes … (2) for administrative expenses …. and (3) for attorneys’ fees and costs”); Georgia Subsequent Settlement MOU, Sec. (providing that State Opioid Funds must be used for Approved Purposes and administrative expenses). See also Georgia Distributor and J&J MOU, Secs. (“The State shall endeavor to keep such Trustee expenses reasonable in order to maximize the funding available for Opioid Abatement”), (“State outside counsel shall be compensated pursuant to separate agreement between the State and its outside counsel”), (summarizing exceptions); Georgia Subsequent Settlement MOU, Secs. (“The Trustee and the State shall endeavor to keep such expenses reasonable in order to maximize the funding available for opioid abatement”), (providing that Section VII of the 2022 MOU applies for purposes of attorney’s fees, costs, and expenses). ↑
Georgia Distributor and J&J MOU, Secs. , ; Georgia Subsequent Settlement MOU, Sec. . ↑
Georgia Distributor and J&J MOU, Sec. (adding that any funds used to reimburse past expenditures may not be spent on past Medicaid expenses or other expenses subject to federal clawback); Georgia Subsequent Settlement MOU, Sec. (same). ↑
Note that McKinsey settlement monies were allocated by the governor to the Department of Law, Department of Behavioral Health and Developmental Disabilities, and Department of Public Health and spent according to the recommendations listed . . Georgia Office of the Governor press release. February 17, 2022. Accessed August 26, 2024. ↑
Georgia Distributor and J&J MOU, Sec. (providing that “[t]he Commissioner of an agency of the Executive Branch of the State, or his or her designee or other designee of the Executive Branch of the State, shall act as Trustee” and that “[t]he agency or department shall be selected by the Governor, after consultation with the Attorney General”); . Georgia Opioid Crisis Abatement Trust website. Accessed August 26, 2024 (noting that Kevin Tanner, Commissioner of the Georgia Department of Behavioral Health and Developmental Disabilities, serves as the Trustee). ↑
Georgia Distributor and J&J MOU, Sec. (“The Trustee shall retain final decision-making authority over expenditures of State Opioid Funds for Approved Purposes”), III.c(vi) (“The Regional Advisory Councils shall be available to consult with the Government Participation Mechanism … to best determine how funds will be spent for opioid remediation within the established Regions”); Georgia Subsequent Settlement MOU, Secs. (“The remaining 40% after payment of fees and costs shall be transferred to the Trust by the receiving state agency and shall be expended by the Trustee on a regional basis”), (“The Regional Advisory Councils established pursuant to the 2022 MOU shall have the same duties and responsibilities in connection with the funds allocated to the Trust pursuant to this 2023 MOU as under the 2022 MOU, including … making themselves available to consult with
the Government Participation Mechanism” and “[i]n every instance the Trustee shall retain final authority over Regional Distributions”). See also . Georgia Opioid Crisis Abatement Trust website. Accessed August 26, 2024 (“The Georgia Opioid Crisis Abatement Trust is a established under the and administered by the Trustee and the Georgia Opioid Settlement Advisory Commission … in coordination with the Regional Advisory Councils (‘RACs’)”). ↑
266 Ga. Gov’t Reg. 10 (LexisNexis June 2023) (an signed by Georgia’s Governor on May 18, 2023 that established the Georgia Opioid Settlement Advisory Commission as the “Government Participation Mechanism” described in the state’s opioid settlement memoranda of understanding). See also Georgia Distributor and J&J MOU, Secs. (defining “Government Participation Mechanism”), (providing for establishment of a Government Participation Mechanism), (providing that the Trustee make disbursements of state settlement monies “after consultation with the Government Participation Mechanism”). ↑
Georgia Subsequent Settlement MOU, Sec. (“Of the State’s 75% share, after the payment of litigation fees and costs owed to the State’s outside counsel pursuant to the agreement entered into on September 10, 2018 or as may be amended, 60% of the remaining funds shall be transferred by the receiving state agency through the Office of Planning and Budget to the State Treasury and spent at the direction of the State Legislature for Approved Purposes by appropriation and in compliance with the terms of the Opioid Settlements and this Memorandum”) (emphasis added). ↑
Georgia Distributor and J&J MOU, Secs. ; Georgia Subsequent Settlement MOU, Sec. . See also . Georgia Opioid Crisis Abatement Trust website. Accessed August 26, 2024. ↑
Georgia Distributor and J&J MOU, Sec. ; Georgia Subsequent Settlement MOU, Sec. . See also Notice of Funding Opportunity, Sec. . Georgia Opioid Crisis Abatement Trust. April 26, 2024. Accessed August 26, 2024. ↑
Georgia Distributor and J&J MOU, Secs. ; Georgia Subsequent Settlement MOU, Sec. . See also . Georgia Opioid Crisis Abatement Trust website. Accessed August 26, 2024 (“Each QBG is a region and will receive its allocation directly from the Trust so long as it certifies that it has sufficient infrastructure to provide opioid abatement services. Each QBG will develop a process for funds to be requested and approved. If the QBG wants State Opioid Funding, the funding request must be reviewed by the Commission and approved by the Trustee”). See also Notice of Funding Opportunity, Sec. . Georgia Opioid Crisis Abatement Trust. April 26, 2024. Accessed August 26, 2024 (“QBGs have a level of autonomy in approving and overseeing the expenditure of their allocated funds, albeit within the guidelines and core strategies and approved uses described in the settlements. QBG funding is allocated for local initiatives within the specified jurisdictions. As such, each QBG has established its own application procedures; therefore, applicants must engage directly with their respective QBG for guidance, as the application steps will differ from those outlined in this NOFO. If your project area is within a QBG, please contact the appropriate county or city for further information regarding the specific application requirements"). ↑
Georgia Distributor and J&J MOU, Secs. (“The State, through the Trustee, shall provide an annual report detailing: (1) the amounts received by the Trust; (2) the allocation of any awards approved, listing the recipient, amount awarded, programs funded, and disbursement terms; and (3) the amounts actually disbursed. The Trustee shall also include an assessment of how well resources have been used by the State and the Local Governments and Regions to abate opioid addiction, overdose deaths, and the other consequences of the Opioid Crisis. The State shall publish its annual report and all Regional Advisory Council annual reports on its website”), (requiring each Regional Advisory Council to “provide a report annually to the Trustee and [Georgia Opioid Settlement Advisory Commission] detailing: (1) the amount received by each local government within the Region; (2) the allocation of any awards approved, listing the recipient, amount awarded, programs funded, and disbursement terms; and (3) the amounts actually disbursed and approved allocations. Each Participating Local Government within each Region shall provide any information necessary to facilitate such reporting to a single Regional Delegate selected by the Region to provide its annual report”); Georgia Subsequent Settlement MOU, Secs. (the same requirements except inclusive of funds remitted to the State Treasury and appropriated by the Georgia General Assembly), (same requirements for Regional Advisory Councils and Participating Local Governments). ↑
See also . Georgia Opioid Crisis Abatement Trust. April 26, 2024. Accessed August 26, 2024 (but noting that “applicants must engage directly with their respective QBG for guidance [on applying for QBG funds], as the application steps will differ from those outlined in this NOFO”). See also Jill Nolin. . Georgia Recorder. April 9, 2024. Accessed August 26, 2024 (“A total of $638 million will flow into Georgia, with three-fourths of the funds being distributed through the grant process unveiled Monday. Another 25%, or $159 million, will be shared among the city of Atlanta and the state’s largest counties. ... Of the money coming to Georgia, $479 million will be distributed through Georgia Opioid Crisis Abatement Trust using the grant process announced Monday. Groups can either apply for a regional grant or a state level grant if they can show the proposed project has broader impact. ... Each application will go through a multi-layered review process that will land before what’s called the Georgia Opioid Settlement Advisory Commission”). ↑