12-20% State Share
Where do these monies live?
Twenty percent (20%) of Illinois’ opioid settlement monies are allocated to the state.[1] A separate agreement between the state and city of Chicago directs 40% of the state’s share of the Distributor and Janssen settlements — 8% of Illinois’ total monies from these settlements — to the city.[2] This leaves the state’s share at 12% for the Distributor and Janssen settlements (and at 20% for all other settlements).
What can this share be spent on?
The Illinois Opioid Allocation Agreement requires the state to spend at least a quarter of its original 20% share — just 5% — on the approved abatement programs listed in Exhibit B,[3] which is identical to the national settlement agreements’ (non-exhaustive) Exhibit E and includes prevention, harm reduction, treatment, recovery, and other strategies.[4]
For settlement agreements entered after the Distributor and Janssen settlements (e.g., CVS, Walgreens), the state will need to spend a greater percentage of this share on abatement uses to meet the minimum remediation spending requirements in those agreements.[5]
Who ultimately decides how to spend this share (and how)?
“State” decides (and reports partial spend). Beyond requiring that “the State” track and report only the monies from this share spent “to support opioid remediation programs,”[6] neither state law nor the state’s allocation agreement otherwise outline how or for what this share is used.[7]
Are supplantation uses prohibited for this share?
No, supplantation is not prohibited. Like most states, Illinois does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 12-20% 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 (no public reporting required, only some intrastate). Opioid settlement expenditures are not officially published in a centralized location for this share. While the state is required to “track and report all spending used to support opioid remediation programs,”[8] there is no requirement that these reports be published in a publicly accessible location.
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
Illinois Opioid Allocation Agreement, Sec. 3.A(a). Neither state law nor the state’s allocation agreement define “the state” to mean a specific entity, agency, department, or otherwise. ↑
Agreement Relating to the Distributor and J&J Opioid Settlements (“State-Chicago Agreement”), Sec. (c) (entered by the State of Illinois and City of Chicago on January 26, 2022). ↑
Illinois Opioid Allocation Agreement, Sec. 3.A(a). ↑
Distributor Settlement Agreement 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”). ↑
See, e.g., CVS Settlement Agreement, Sec. V(B)(1) (minimum 95.5% opioid remediation spending); Walgreens Settlement Agreement, Sec. V(B)(1) (minimum 95% opioid remediation spending); Walmart Settlement Agreement, Sec. V(B)(1) (minimum 85% opioid remediation spending). would be impossible, for example, for Illinois to satisfy the 95% opioid remediation spending requirement in the Walgreens settlement unless at least ¾ of the state share (i.e., 15% of Illinois’ total funds from the settlement) were spent on abatement uses. ↑
Illinois Opioid Allocation Agreement, Sec. 3.A(a). The Allocation Agreement does not further define “the State.” ↑
See, e.g., 30 Ill. Comp. Stat. Ann. 105/6z-133 (“In addition to proceeds directed by the Attorney General into the Illinois Opioid Remediation State Trust Fund, the Attorney General may, at his or her discretion, direct additional funds received from any opioid-related settlement into the DHS State Projects Fund”). ↑
Illinois Opioid Allocation Agreement, Sec. 3.A(a). ↑
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