Here are the entities that ultimately decide how each of Illinois’ opioid settlement shares are spent:
55% Remediation Trust Fund share: Governor’s Opioid Overdose Prevention and Recovery Steering Committee
25-33% local government share: decisionmakers for counties, cities, and other municipalities
12-20% state share: the “State” (not further specified)
Twenty-five percent (25%) of Illinois’ opioid settlement funds is paid to local governments in two distributions:[1]
10% is allocated directly to counties according to Exhibit A-2 of the Illinois Opioid Allocation Agreement.[2]
15% is allocated to municipalities and townships according to Exhibit A-1 of the Illinois Opioid Allocation Agreement.[3]
Additionally, 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.[4] This means that a total of 33% of Illinois’ funds from the Distributor and Janssen settlements are allocated to local governments.
Illinois’ Opioid Allocation Agreement requires at least 70% of its settlement proceeds to be used on “specified” opioid remediation or abatement programs,[5] and local governments’ spending restrictions depend on their sources of funds:
The 10% allocated to counties according to Exhibit A-2 must be spent on Exhibit B uses “to support opioid remediation programs in their community.”[6]
The 15% allocated to municipalities and townships according to Exhibit A-1 from the Distributor and Janssen settlements are not restricted for use on approved abatement programs.[7] For other settlements (e.g., CVS, Walgreens), at least a portion of monies in this allocation must be spent on abatement uses because these settlement agreements require a higher percentage of funds be spent on opioid remediation.[8]
The 8% of the state share from the Distributor and Janssen settlements allocated to Chicago must be spent by the city on Exhibit B’s approved abatement programs.[9]
The state’s Exhibit B is identical to the national settlement agreements’ Exhibit E and includes prevention, harm reduction, treatment, recovery, and other strategies.
Localities decide autonomously (but some must report spend). Decisionmakers for counties, municipalities, and townships, including the city of Chicago, will ultimately decide for themselves how to spend their funds from this share.[10] Counties must report their spending to the state,[11] and the city of Chicago must likewise report spending of the 8% of the state share from the Distributor and Janssen settlements allocated to it.[12] No such reporting obligations apply to other municipalities and townships.
No, supplantation is not prohibited. Like most states, Illinois does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that counties, cities, and towns may spend their shares ways that replace (or “supplant”) — rather than supplement — existing resources.
Up to each locality (no public reporting required, only some intrastate). Opioid settlement expenditures are not officially published in a centralized location for this share. Additionally, while counties and the city of Chicago must report some or all their settlement spending to the state,[13] there is no requirement that these reports be published in a publicly accessible location. There are no reporting requirements applicable to funds from this share allocated to municipalities and townships.[14]
Visit OpioidSettlementTracker.com’s Expenditure Report Tracker for an updated collection of states’ and localities’ available expenditure reports.
Not applicable.
See Illinois Opioid Allocation Agreement, Secs. 3.A(b)(i)-(ii); Agreement Relating to the Distributor and J&J Opioid Settlements (“State-Chicago Agreement”). ↑
Illinois Opioid Allocation Agreement, Sec. 3.A(b)(ii). ↑
Illinois Opioid Allocation Agreement, Sec. 3.A(b)(i). This 15% is distributed to (1) “municipalities and townships who are [participating local governments] and who filed a lawsuit against an Opioid Defendant by September 1, 2020,” and (2) “municipalities who are [participating local governments] with a population of at least 30,000 according to the 2019 United States Census Population Estimate whether or not they have filed a lawsuit against an Opioid Defendant.” Id. Any monies remaining from this 15% share are allocated to participating counties according to the percentages in Exhibit A-2. Id. ↑
Agreement Relating to the Distributor and J&J Opioid Settlements, Sec. (c) (“State-Chicago Agreement”). ↑
Illinois Opioid Allocation Agreement, Sec. 3.A (relating to “any [opioid settlement] sum”). ↑
Illinois Opioid Allocation Agreement, Sec. 3.A(b)(ii). ↑
Illinois Opioid Allocation Agreement, Sec. 3.A(b)(i). See, e.g., Exhibit A to the Allocation Agreement for a discussion of attorneys’ fees. ↑
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). It would be impossible, for example, for Illinois to satisfy the 95% opioid remediation spending requirement in the Walgreens settlement unless at least 2/3 of funds allocated to municipalities and townships (i.e., 10% of Illinois total settlement funds) was spent on abatement uses. ↑
State-Chicago Agreement, Sec. (c) (“The City is obligated to use the distributions in this paragraph (c) to support opioid remediation programs in its community through uses included in the list of Approved Abatement Programs attached as Exhibit B”). The state’s agreement with Chicago applies only to the state’s 20% share of the distributor and Janssen settlements. See State-Chicago Agreement (“The Parties agree to the following terms relating to the allocation of money from the Distributor and J&J Settlements…”). ↑
Opioid Allocation Agreement, Secs. 3.A(b)(i)-(ii); State-Chicago Agreement. See, e.g., City of Chicago Announces New Initiatives to Combat the Opioid Epidemic Using Funds from Settlements with Pharmaceutical Companies. City of Chicago Mayor press release. March 3, 2023. Accessed August 23, 2024 (reporting mayor’s and Chicago Department of Public Health’s joint announcement on funded programs). ↑
Opioid Allocation Agreement, Sec. 3.A(b)(ii) (“Each [local government] receiving an allocation from this [10%] shall track and quarterly report to the Attorney General all monies spent to support opioid remediation programs”). ↑
State-Chicago Agreement, Sec. (c) (“The City shall track and quarterly report to the Attorney General all monies spent to support opioid remediation programs from these monies”). ↑
Opioid Allocation Agreement, Sec. 3.A(b)(ii); State-Chicago Agreement, Sec. (c) (requiring reporting for the 8% of Illinois’ total opioid settlement funds from the Distributor and Janssen settlements that are allocated to the city of Chicago). ↑
Compare Opioid Allocation Agreement, Sec. 3.A(b)(ii) with Opioid Allocation Agreement, Sec. 3.A(b)(i). ↑
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]
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]
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.
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.
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.
Not applicable.
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”) ↑
Twenty percent (20%) of Illinois’ opioid settlement monies are allocated to the state.[1] A 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).
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 ,[3] which is identical to the national settlement agreements’ (non-exhaustive) 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]
“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]
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.
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 for an updated collection of states’ and localities’ available expenditure reports.
Not applicable.
Illinois Opioid Allocation Agreement, Sec. 3.A(a). ↑
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. . Neither state law nor the state’s allocation agreement define “the state” to mean a specific entity, agency, department, or otherwise. ↑
(“State-Chicago Agreement”), Sec. (c) (entered by the State of Illinois and City of Chicago on January 26, 2022). ↑
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, (minimum 95.5% opioid remediation spending); Walgreens Settlement Agreement, (minimum 95% opioid remediation spending); Walmart Settlement Agreement, (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. . The Allocation Agreement does not further define “the State.” ↑
Illinois Opioid Allocation Agreement, Sec. . ↑