Where do these monies live?

The best available evidence indicates that this share is distributed to each of the state’s 64 parishes according to Exhibit B of Louisiana's Memorandum of Understanding.[1] There are three types of parishes,[2] all of which receive their distributions directly from and report to the Louisiana Opioid Abatement Task Force (Task Force) and the Opioid Abatement Administration Corporation (OAAC).[3]

What can this share be spent on?

With limited exceptions,[4] all parishes must spend their shares on the forward-looking uses described in Exhibit A of Louisiana’s Memorandum of Understanding and prioritize treatment for people with opioid use disorder (OUD) not covered by Medicaid or private insurance.[5]

Louisiana’s Exhibit A differs from the national settlement agreement’s (non-exhaustive) Exhibit E by explicitly prioritizing abstinence-based treatment, prosecutorial diversion programs, and more general opioid-related law enforcement expenditures.[6]

Who ultimately decides how to spend this share (and how)?

Parishes decide autonomously (but must report to the Louisiana Opioid Abatement Task Force and Opioid Abatement Administration Corporation). Decisionmakers for the state’s 64 parishes will ultimately decides specific expenditures for themselves, but they must report their expenditures to the Task Force and OAAC to receive their funds.[7]

The Louisiana Opioid Abatement Task Force was created in 2021 to advise the state Attorney General, parishes, and municipalities on settlement spending priorities.[8] Subsequent agreements have delegated the Task Force’s program administration duties to the Opioid Abatement Administration Corporation (OAAC),[9] which acts as the “conduit” for distributions of funds to parishes and sheriffs.[10]

Are supplantation uses prohibited for this share?

No, supplantation is not prohibited. Like most states, Louisiana 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.

Can I see how this share has been spent?

Up to each locality (no public reporting required, only intrastate). Opioid settlement expenditures are not officially published in a centralized location for this share. Though parishes are required to report expenditures to the state,[11] these reports are not publicly accessible.[12]

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

1. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. C.1(a) (allocating 80% to “local governments” other than Sheriffs), C.1(c)-(e) (providing for calculation of and payments to parishes), A.2 (defining “local government(s)” to mean, in part, “all parishes [and] incorporated municipalities”), A.12 (defining parish). See also Informational Webinar, Slide 15 (“Key Provision of CEA”). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (“All 64 parishes receive direct distribution of $$$”). ↑

2. These are “Qualified Parishes,” “Lead Parishes,” and “Other Parishes.” Qualified Parishes (i.e., East Baton Rouge, Jefferson, and Orleans) are parishes with populations of at least 300,000 individuals. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. A.11. “Lead Parishes” are the parishes designated in Exhibit B of Louisiana’s opioid settlement Memorandum of Understanding. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. C.1(e). “Other Parishes” include the remaining 52 non-qualified, non-lead parishes. Id. ↑

3. Informational Webinar, Slide 15 (“Key Provision of CEA”). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (“All 64 parishes receive direct distribution of $$$” and “report directly to Taskforce/OAAC”); Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. B.7 (describing Parishes’ reporting requirements to the Task Force). As originally drafted, Louisiana’s MOU provided direct payments only to Qualified Parishes and Lead Parishes, requiring Lead Parishes to distribute funds to and report on behalf of the Non-Qualified (Non-Lead) Parishes. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. C.1(d)-(e). See also Informational Webinar, Slide 11 (“The ‘MOU’ Problem”). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (“Lead parishes would become answerable for other parish’s expenditures”). It was later recognized that this structure reflected “a disparity between the true intent of the MOU and the language of the MOU relating to the distribution of the Louisiana Opioid Settlement Proceeds” and that “the Task Force recognizes that all parishes identified in the MOU are entitled to receive Proceeds directly.” Cooperative Endeavor Agreement Between the Opioid Abatement Corporation and a Qualified Parish (Orleans Parish), Recitals. Accessed August 13, 2024. In an August 2023 informational webinar, the Task Force and OAAC described the use of Cooperative Endeavor Agreements (CEAs) as a “solution” to this “MOU problem.” See Informational Webinar, slides 11-16. Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (describing use of CEAs to enable all parishes to receive their monies from and report directly to the Task Force and OAAC). For an example of a CEA, see, e.g., Jefferson Parish, Orleans Parish. See also Agenda of St. Martin Parish Council, Sec. 9 (“SUMMARY NO. 042-RS). June 6, 2023. Accessed August 13, 2024 (“A Resolution authorizing … to execute a Cooperative Endeavor Agreement with the Louisiana Opioid Abatement Taskforce and/or Opioid Abatement Corporation, all relative to the receipt of the Parish’s allotment under the Memorandum of Understanding which serves as the basis of a settlement”). See also President’s Report – May 16, 2023 (“Opioid Settlement Update”). St. Martin Parish website. Accessed August 13, 2024 (“the Taskforce approved the distribution of the allotments identified in Exhibit B to each Parish, Sheriff, and qualified Parish contingent upon the Lead Parishes’ written concurrence. … On Wednesday, January 18, 2023, the Taskforce’s executive counsel, Loren Lampert, and I had a conference with the Lead Parishes together with representatives of the Louisiana Police Jury Association including the Executive Director, Guy Cormier. Every “Lead Parish” concurred that EACH parish should indeed receive its allotment DIRECTLY”). ↑

4. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. C.1(g) (capping administrative costs at 3%), D.5 (capping local governments’ attorneys’ fees at 7.5% for the Distributor and Janssen settlements). See also Informational Webinar, Slide 10 (“Funding Allocation under MOU”). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (“Funds reserved (3% admin, 7.5% litigation fees)”). ↑

5. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. C.1(d)-(e) (requiring Qualified Parishes and “all other Parishes” to spend their shares on Approved Purposes), A.6 (defining “Approved Purposes” to mean “evidence-based forward-looking strategies, programming and services used to (i) provide treatment for citizens of the state of Louisiana affected by substance use disorders, (ii) provide support for citizens of the State of Louisiana in recovery from addiction who are under the care of Substance Abuse & Mental Health Services Administration ‘SAMHSA’ qualified and appropriately licensed health care providers, (iii) target treatment of citizens of the State of Louisiana who are not covered by Medicaid or not covered by private insurance for addictive services. See Exhibit A”). ↑

6. Compare Exhibit A of Louisiana’s MOU with Exhibit E of the national settlement agreements. ↑

7. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. B.7 (describing parishes’ reporting requirements to the “State” and “Taskforce”); Informational Webinar, Slide 15 (“Key Provision of CEA”). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (“All 64 parishes receive direct distribution of $$$”, “All 64 parishes report directly to Taskforce/OAAC,” “$$$ Conditioned upon reporting”). ↑

8. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. B (requiring its creation and describing its membership, meetings, and reporting duties) (dated October 21, 2021). See also Informational Webinar, Slide 7 (“Opioid Memorandum of Understanding”). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (“[c]reates the Louisiana Opioid Abatement Taskforce to advise the state and local governments”). ↑

9. See Informational Webinar, Slides 8-9 (“Louisiana Opioid Abatement Task Force” and “Opioid Abatement Administration Corp.”). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024. ↑

10. See Informational Webinar, Slides 8-9 (“Louisiana Opioid Abatement Task Force” and “Opioid Abatement Administration Corp.”). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. Accessed August 13, 2024 (“If the Taskforce received funding directly, it would be state money”; this “necessitates the [creation of the] Opioid Abatement Administration Corporation (OAAC) as the distribution conduit to parishes and sheriffs” to allow “[f]unds [to] retain their private character until distributed”). The Task Force and OAAC are in some contexts described to be the same entity. See, e.g., Resolution No. 141337. Jefferson Parish. March 1, 2023. Accessed August 13, 2024 (“the Opioid Abatement Administration Corporation, a non-profit corporation of the State of Louisiana, referred to as the ‘Task Force…’”). ↑

11. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. B.7. ↑

12. Louisiana’s MOU requires the State and Task Force to annually “publish a report detailing for the preceding time-period (1) the amount of the State Share received, (2) the allocation of any awards approved (listing the recipient, the amount awarded, the program to be funded, and disbursement terms), and (3) the amounts disbursed for approved allocations.” Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. B.8. It is unclear what the “State Share” is referencing and where these reports will be published. ↑

Can I provide input on spending?

• 80% local share: Generally, yes. Though local governments are not required to seek public input as to opioid settlement spending specifically, Louisiana’s Open Meetings Law requires public bodies to allow public comment at their meetings,[1] and local governments may also individually choose to seek public input beyond these comment periods. For example, the City of New Orleans awarded a contract to Tulane University to develop recommendations on settlement funds “using a community stakeholder approach” that includes soliciting input from “people currently using drugs” and “representatives from community agencies who frequently engage with individuals who use drugs.”[2] Watch for other opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls.

  • The state government has not established recurring opportunities for the public to provide input on uses of local governments’ collective 80% share.[3] The Louisiana Opioid Abatement Taskforce (OATF), which advises parishes and municipalities on the use of settlement funds, provides a generic contact form on its website. The OATF also included a call for public comment in its August 2023 meeting, as did the Board of the Louisiana Opioid Abatement Administration Corporation (OAAC) in a December 2023 meeting. Outside of those limited prior occasions and the OATF website’s generic contact form, opportunities for state-collected public are limited.

• 20% sheriffs’ share: No opportunities available (not required). The sheriffs of each of the state’s 64 parishes have not established recurring opportunities for the public to provide input on uses of their shares.[4] However, each may choose to seek such input.

Can I apply for grants?

It depends. All of Louisiana’s opioid settlement funds are controlled by parishes and sheriffs, and both 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 Opioid Settlement Community Grants Portals (OpioidSettlementTracker.com and Legal Action Center) for the most up-to-date information on settlement grant opportunities for community organizations.

Where do I go for updates?

• For updates on the local share, visit the OATF’s website and check the website for your parish’s governing body (e.g., council or policy jury), city council, or local health department.[5]

• A single resource containing updates on Louisiana’s sheriffs’ share updates could not be found.[6] To contact your local sheriff for information about how these funds are being used, consult this directory.

What else should I know?

Not applicable.

Citations

1. La. Rev. Stat. Ann. Secs. 42:14(D) (“Except school boards, which shall be subject to R.S. 42:15, each public body conducting a meeting which is subject to the notice requirements of R.S. 42:19(A) shall allow a public comment period at any point in the meeting prior to action on an agenda item upon which a vote is to be taken. The governing body may adopt reasonable rules and restrictions regarding such comment period”),42:13(A)(3) (defining “[p]ublic body” to mean “village, town, and city governing authorities; parish governing authorities; school boards and boards of levee and port commissioners; boards of publicly operated utilities; planning, zoning, and airport commissions; and any other state, parish, municipal, or special district boards, commissions, or authorities, and those of any political subdivision thereof, where such body possesses policy making, advisory, or administrative functions, including any committee or subcommittee of any of these bodies enumerated in this paragraph”). ↑

2. 2023 Annual Opioid Report. New Orleans Health Department. March 2024. ↑

3. If you see this change, email tips@opioidsettlementtracker.com. There is no legal requirement for decision-makers to seek public input on uses of this share. ↑

4. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. C.1(a), A.13 (defining “sheriff” to mean “the sheriff in each of the 64 parishes”). See also Informational Webinar, Slide 10 (“Funding Allocations under MOU”). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. ↑

5. The Louisiana Department of Health’s Louisiana Opioid Settlement Tracker has long existed in draft mode only. See, e.g., “Lorem ipsum.” ↑

6. If you see this change, email tips@opioidsettlementtracker.com. ↑

Where do these monies live?

This share is distributed to the sheriffs of Louisiana’s 64 parishes.[1]

What can this share be spent on?

Louisiana’s opioid settlement Memorandum of Understanding does not require the sheriff’s 20% share of funds to be spent on Approved Purposes.[2] However, at least a portion of monies in this share must inevitably be spent on abatement uses (as illustrated by the national settlement agreements’ non-exhaustive Exhibit E, which includes prevention, harm reduction, treatment, recovery, and other strategies) for the state to meet its minimum opioid remediation spending requirements under the different agreements.[3]

Who ultimately decides how to spend this share (and how)?

Sheriffs decide autonomously. Each of the sheriffs for the 64 Louisiana parishes will presumably decide their own specific expenditures themselves, given that Louisiana’s opioid settlement Memorandum of Understanding contains no restrictions on how the funds are spent.[4] Additionally, although the Louisiana Opioid Abatement Task Force is required to reserve one of its five seats for a Louisiana Sheriff’s Association appointee,[5] the Task Force is not specifically required to oversee this share.[6]

Are supplantation uses prohibited for this share?

No, supplantation is not prohibited. Like most states, Louisiana does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 20% Sheriffs’ 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 (neither public nor intrastate reporting required). Opioid settlement expenditures are not officially published in a centralized location for this share.

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

1. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. C.1(a) (“twenty percent (20%) going to the benefit of Sheriffs”), A.13 (defining “Sheriff” to mean “the sheriff in each of the 64 parishes”). ↑

2. See, e.g., Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. C.1(d)-(e) (requiring “Qualified Parishes” and “all other Parishes” spend their shares on Approved Purposes” but no comparable language applicable to sheriffs), A.12 (specifically defining “Parish” to mean “one of the 64 parish governments”), A.13 (defining “Sheriff” separately to mean “the sheriff in each of the 64 parishes”). ↑

3. See, e.g., Distributor Settlement Agreement, Sec. V(B)(1) (minimum 85% opioid remediation spending); 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). ↑

4. See, e.g., Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. C.1(d)-(e) (requiring “Qualified Parishes” and “all other Parishes” spend their shares on Approved Purposes” but no comparable language applicable to sheriffs), A.12 (specifically defining “Parish” to mean “one of the 64 parish governments”), A.13 (defining “Sheriff” separately to mean “the sheriff in each of the 64 parishes”). ↑

5. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Sec. B.2(c). ↑

6. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. B.7-8 (describing Task Force’s reporting oversight powers as to parishes only and advising powers as to “the Attorney General and the Parishes and Municipalities" only). See also Louisiana State-Local Government Opioid Litigation Memorandum of Understanding, Secs. A.12-13 (specifically defining “Parish” to mean “one of the 64 parish governments,” and “Sheriff” as “the sheriff in each of the 64 parishes”). ↑

Here are the entities that ultimately decide how each of Louisiana’s opioid settlement shares are spent:

• 80% local share: decisionmakers for parishes

• 20% sheriffs’ share: sheriffs for each of Louisiana’s parishes

Louisiana Department of Health

• [1]

• (jointly presented with OATF)

[1] This site is not affiliated in any way with Christine Minhee’s (trademarked) OpioidSettlementTracker.com.

Has the state established an advisory body for settlement funds?

Yes. Louisiana’s settlement MOU created the Opioid Abatement Taskforce (OATF) to “advise the Attorney General and the Parishes and Municipalities on the priorities that should be addressed as part of the opioid epidemic and to review how monies have been spent and the results that have been achieved with the Opioid Funds.”[1] The Task Force’s program administration duties are delegated to the Opioid Abatement Administration Corporation (OAAC),[2] which acts as the “conduit” for distributions of funds to parishes and sheriffs.[3]

The OATF is required to meet at least once a year, either in person or virtually,[4] but in practice has met more frequently.

Is the state advisory body required to include member(s) with lived and/or living experience?

No. The OATF is not required to include a member with lived and/or living experience.

What is the overall membership of the state advisory body?

The composition of Louisiana’s five-member Opioid Abatement Taskforce is defined by the state’s settlement MOU:

• One member appointed by the Louisiana Municipal Association[5]

• One member appointed by the Police Jury Association of Louisiana[6]

• One member appointed by the Louisiana Sheriffs’ Association[7]

• One member appointed by the Secretary of the Louisiana Department of Public Health (or their designee)[8]

• One member appointed by the Governor who is a “licensed SAMHSA provider”[9]

OATF members designate their own chair and serve three-year terms.[10] The OATF roster as of August 2023 can be found here.[11]

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) (but see Louisiana Opioid Abatement Taskforce). Though the Louisiana Opioid Abatement Taskforce does advise parishes and municipalities on uses of their funds,[12] local governments in Louisiana are not each required to establish their own opioid settlement advisory bodies. However, localities may choose to establish advisory councils that include members with lived and/or living experience to help ensure that settlement spending reflects community priorities.

What else should I know?

Not applicable.

Citations

1. Louisiana State-Local Government Opioid Litigation Memorandum of Understanding (“Louisiana Settlement MOU”), Sec. B. ↑

2. Informational Webinar, Slide 9 (“Opioid Abatement Administration Corp.”). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. ↑

3. Informational Webinar, Slides 8-9 (“Louisiana Opioid Abatement Taskforce”). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023 (“If the Taskforce received funding directly, it would be state money”; this “necessitates the [creation of the] Opioid Abatement Administration Corporation (OAAC) as the distribution conduit to parishes and sheriffs” to allow “[f]unds [to] retain their private character until distributed”). The Task Force and OAAC are in some contexts described to be the same entity. See, e.g., Resolution No. 141337. Jefferson Parish. March 1, 2023 (“the Opioid Abatement Administration Corporation, a non-profit corporation of the State of Louisiana, referred to as the ‘Task Force…’”). ↑

4. Louisiana Settlement MOU, Sec. B.6. ↑

5. Louisiana Settlement MOU, Sec. B.2(a). ↑

6. Louisiana Settlement MOU, Sec. B.2(b). ↑

7. Louisiana Settlement MOU, Sec. B.2(c). ↑

8. Louisiana Settlement MOU, Sec. B.3(a). ↑

9. Louisiana Settlement MOU, Sec. B.3(b). ↑

10. Louisiana Settlement MOU, Secs. B.4-5. ↑

11. See Informational Webinar, Slide 8 (“Louisiana Opioid Abatement Taskforce”). Louisiana Opioid Abatement Task Force and Louisiana Opioid Abatement Administration Corporation. August 3, 2023. But see Opioid Abatement Task Force. Louisiana State Legislature website. Accessed September 1, 2024 (listing different members and a vacancy; likely out of date). ↑

12. Louisiana Settlement MOU, Sec. B. ↑

This Community Guide will describe how Louisiana is spending its opioid settlements and whether Louisiana is working to ensure community access to opioid settlement funds. Last revised September 1, 2024.