55% Remediation Trust Fund Share
Where do these monies live?
Fifty-five percent (55%) of Illinois’ settlement monies are directed to the Illinois Opioid Remediation Fund (Remediation Fund) administered by the Illinois Department of Human Services (IDHS).[1]
What can this share be spent on?
With limited exceptions,[2] this share must be spent on the abatement uses described in Exhibit B of the Illinois Opioid Allocation Agreement,[3] which is identical to the national settlement agreements’ (non-exhaustive) Exhibit E and includes prevention, harm reduction, treatment, recovery, and other strategies.[4]
Remediation Fund monies must be spent on forward-looking abatement uses and in ways that “equitabl[y]” support abatement services in the seven service regions listed in Exhibit C of the Illinois Opioid Allocation Agreement.[5]
Who ultimately decides how to spend this share (and how)?
Opioid Remediation Advisory Board guides, Governor’s Opioid Overdose Prevention and Recovery Steering Committee decides, Office of Opioid Settlement Administration administers. The Illinois Opioid Remediation Advisory Board (Advisory Board or “IORAB”) and the Governor’s Opioid Overdose Prevention and Recovery Steering Committee (Steering Committee) both play a role in determining Remediation Fund expenditures.
The Advisory Board, a sub-committee of the Steering Committee,[6] provides non-binding recommendations for forward-looking abatement expenditures to the Steering Committee.[7] The Advisory Board’s working groups help it develop recommendations,[8] as does the Illinois Office of Opioid Settlement Administration within IDHS.[9]
The Governor’s Steering Committee, which oversees implementation of the State Overdose Action Plan (SOAP),[10] then makes the final determination on how to spend Remediation Fund monies.[11]
The Advisory Board’s January 2024 meeting minutes describe this decision-making and implementation process for Remediation Fund expenditures:[12]
The Illinois Department of Human Services Division of Substance Use Prevention and Recovery (IDHS/SUPR) “reviews pending recommendations to determine if they are an existing recommendation, duplicate existing efforts, or can be funded by existing resources.”
If the Advisory Board “votes to approve a recommendation, the recommendation moves to the Steering Committee and the Attorney General's (AG) Office for certification of the recommendations.”[13]
After the AG’s Office certifies the recommendation, how the strategy is implemented (e.g., “a NOFO, intergovernmental agreement or funding expansion”) is determined by the Illinois Grant Accountability and Transparency Act (GATA) and procurement rules.
“SUPR experts develop the statement of work (SOW) that describes grant requirements,” the Regional Care Coordination Agency (RCCA) develops a notice of funding opportunity, and the RCCA selects grantees.
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 55% Remediation Fund share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.
Can I see how this share has been spent?
Yes (neither public nor intrastate reporting required). Visit the Illinois Opioid Settlements Initiative’s Settlements Information page to see approved recommendations and expenditures.
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(c); 30 Ill. Comp. Stat. Ann. 105/6z-133(b). ↑
30 Ill. Comp. Stat. Ann. 105/6z-133(e) (“The Attorney General may use a portion of the proceeds in the Illinois Opioid Remediation State Trust Fund for administrative costs associated with opioid-related litigation, demands, or settlements”). ↑
Illinois Opioid Allocation Agreement, Sec. 3.A(c); 30 Ill. Comp. Stat. Ann. 105/6z-133(a)(1), (d). ↑
See also Illinois Opioid Remediation Advisory Board (“About the IORAB”). Illinois Department of Human Services website. Accessed August 21, 2024 (“These opioid core abatement strategies align with recommendations in the State Overdose Action Plan (SOAP) [] a comprehensive, equity-centric outline for combatting the opioid epidemic”). ↑
Illinois Opioid Allocation Agreement, Sec. 3.A(c) (“funds disbursed from the Remediation Fund shall go to support abatement uses that provide services in each of the seven regions identified in Exhibit C, with the allocation of resources being equitable across regions, taking into consideration population as well as other factors relevant to opioid abatement, including rates of Opioid Use Disorder, Overdose Deaths, and amounts of opioids shipped into each region as measured in Morphine Milligram Equivalents”); Illinois Exec. Order No. 2022-19, Recitals (“55% of these proceeds are allocated to the Illinois Opioid Remediation State Trust Fund … and must be used for forward-looking opioid abatement purposes”) and Agreement 3.A(c) (describing Remediation Fund uses). ↑
Illinois Exec. Order No. 2022-19, Sec. 4. ↑
Illinois. Exec. Order No. 2022-19, Sec. 4 (“The Board shall make advisory recommendations to the Committee regarding the forward-looking Approved Abatement Program uses of monies in the Fund as set out in the Agreement”); Illinois Opioid Allocation Agreement, Sec. 3.A(c) (“A Remediation Fund Advisory Board shall be appointed to provide nonbinding recommendations regarding the administration and distribution of the Illinois Remediation Fund”) ↑
Illinois Exec. Order No. 2022-19, Sec. 7 (describing the Advisory Board’s ability to create working groups). See also Build, Amplify, Support, Empower (BASE): Notice of Funding Opportunity Technical Assistance Session, Slide 4. Illinois Opioid Settlements Initiative presentation. February 29, 2024. Accessed August 22, 2024 (illustrating hierarchy between Steering Committee, IORAB, and “Working Groups”). ↑
Illinois Exec. Order No. 2022-19, Sec. 1 (establishing the Office of Opioid Settlement Administration within IDHS); Illinois Opioid Settlements Initiative website (“About OOSA“). Accessed August 22, 2024 (“The [Office] is led by the Statewide Opioid Settlement Administrator, who works collaboratively with the Illinois Opioid Remediation Advisory Board … to develop non-binding funding recommendations to present to the Illinois Opioid Prevention and Recovery Steering Committee”). More specifically, the Office of Opioid Settlement Administration resides within IDHS’ Division of Substance Use, Prevention and Recovery (“SUPR”). Illinois Exec. Order No. 2022-19, Sec. 2. ↑
Illinois Exec. Order No. 2020-02, Sec. II (“The purpose of the Steering Committee is to … oversee[] the ongoing implementation of the SOAP”). See also Illinois Opioid Crisis Response Advisory Council. Illinois Department of Human Services website. Accessed August 22, 2024 ("The Illinois Opioid Crisis Response Advisory Council is convened by the Illinois Department of Human Services/Division of Substance Use Prevention and Recovery (IDHS/SUPR). … The purpose of the Illinois Opioid Crisis Response Advisory Council is to inform the ongoing implementation of the State Opioid Action Plan (SOAP)”). ↑
Illinois Exec. Order No. 2022-19, Sec. 4 (“The Committee shall consider the Board’s advisory recommendations and make the final determination as to the uses of Fund monies”). ↑
IORAB Minutes 01.18.24. Illinois Opioid Remediation Advisory Board website. January 18, 2024. Accessed August 22, 2024. See also IORAB Minutes 1.12.2023 (“Discussion of IORAB Structure and Process”). Illinois Opioid Remediation Advisory Board website. January 12, 2023. Accessed August 22, 2024. ↑
See Illinois Exec. Order No. 2022-19, Sec. 4 (“The Attorney General or their designee will certify compliance with the terms of the Agreement, the Settlements, and any court order prior to expenditure”) ↑
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