Advisory Bodies
Has the state established an advisory body for settlement funds?
Yes.
The Michigan Opioid Advisory Commission (OAC) was created by state law in 2022 as part of the Michigan Legislative Council.[1] The OAC is responsible for reviewing local, state, and federal initiatives, establishing priorities, and recommending Michigan Opioid Healing and Recovery Fund expenditures to the legislature.[2] The OAC must annually submit a report to the Governor, state Attorney General, and legislative leadership that includes:
A statewide, evidence-based needs assessment[3]
Goals and recommendations, sustainability plans, and performance indicators regarding prevention, treatment, recovery, and harm reduction efforts and reducing disparities in access to these services[4]
Evidence-based assessment of prior uses of Michigan Opioid Healing and Recovery Fund monies[5]
Recommended funding for “tasks, activities, projects, and initiatives that would support the objectives of the [OAC]”[6]
As applicable, “recommended additional legislation needed to accomplish the objectives of the [OAC]”[7]
The OAC must comply with the Michigan Open Meetings Act and Freedom of Information Act,[8] and actions of the OAC require a majority vote. [9] OAC meetings must take place at least quarterly but in practice have occurred more frequently. Details on past and upcoming meetings can be found here.
The Michigan Opioids Task Force was initially established by executive order in 2019 as an advisory body to the Michigan Department of Health and Human Services (MDHHS).[10] Its charge is to provide recommendations to MDHHS and other departments,[11] coordinate activities across agencies,[12] and to “research, identify, recommend, and implement response actions to the opioid epidemic in Michigan.”[13] A subsequent executive order in 2022 specified that the Task Force is to act as the government participation mechanism for the purpose of any opioid-related bankruptcy or settlement.[14]
Within the Task Force’s broad mandate, it may undertake various activities, such as assessing the effectiveness of the state’s response to the opioid crisis, developing strategies targeted as “impacted areas,” performing stakeholder outreach, and recommending changes in state law.[15]
Is the state advisory body required to include member(s) with lived and/or living experience?
No. The Michigan Opioid Advisory Commission is not required to include member(s) with lived and/or living experience. But see the Community Engagement and Planning Collaborative.
The Michigan Opioids Task Force is not required to include member(s) with lived and/or living experience, although “membership by individuals with direct lived experience in substance use and related services is a priority.”[16]
What is the overall membership of the state advisory body?
Michigan Opioid Advisory Commission
The Opioid Advisory Commission (OAC) has 12 voting members with “experience in substance abuse prevention, health care, mental health, law enforcement, local government, first responder work, or similar fields”:[17]
Four (4) members appointed by the Michigan Senate majority leader[18]
Four (4) members appointed by the Speaker of the Michigan House of Representatives[19]
One (1) member appointed by the Michigan Senate minority leader[20]
One (1) member appointed by the minority leader of the Michigan House of Representatives[21]
One (1) member jointly appointed by the Michigan Senate majority leader and the Speaker of the Michigan House of Representatives from a list of three (3) people provided by the Governor[22]
One (1) member jointly appointed by the Michigan Senate majority leader and the Speaker of the Michigan House of Representatives from a list of three (3) people provided by the Attorney General[23]
Appointments must be made to ensure that the OAC’s members reflect the geographic diversity of the state “to the extent possible.” [24] The Director of the Michigan Department of Health and Human Services and the Legislative Council’s administrator (or their designees) serve as a non-voting, ex officio members.[25]
Terms: Initially appointed voting members serve(d) staggered terms of one to three years, after which the standard term is 3 years (or until a successor is appointed, “whichever is later”).[26] State legislative leaders may agree to remove an OAC member “for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.”[27]
Current OAC members are listed here.
Michigan Opioids Task Force
The Michigan Opioids Task Force has 22 members, half of whom represent various executive agencies (e.g., the directors of MDHHS, the Michigan State Police, and the Department of Insurance and Financial Services, the state attorney general, etc.).[28] These members are ex officio and serve at the pleasure of the governor.[29] There are also 10 local government representatives appointed by the governor to represent each of Michigan’s ten Prepaid Inpatient Health Plans (PIHPs),[30] as well as a representative from the Michigan Supreme Court.[31] Local government representatives serve 4-year terms.[32]
As a whole, the Task Force “should possess experience, expertise, and education” in more of more of the following areas: public health, substance use, or health equity.[33]
Local government members of the Task Force’s can be found here and the full membership is available in meeting minutes.[34]
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). Local governments in Michigan are not required to 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. For example, the Cass County Board of County Commissioners appointed an Opioid Settlement Advisory Committee “to determine a plan for opioid settlement funds for the County.”[35]
What else should I know?
The Opioid Advisory Commission (OAC) has observed that “[w]hile members of the OAC are legislatively appointed, there are no statutory requirements (MCL 4.1851) that provide for equitable community or Tribal representation.”[36] Thus, the OAC created a Community Engagement and Planning Collaborative (CEPC) by charter in 2023 to “help promote equity through strategic community partnerships … and act[] as a direct conduit between communities and the [OAC].”[37] One goal of the CEPC is to support and advise the OAC in a way that reflects “[a]wareness and inclusion of the needs and desires expressed by specific communities, directly impacted by the opioid epidemic,”[38] including by prioritizing membership of individuals representing lived experience.[39] Read the CEPC’s charter to learn more about its work, goals, and eligibility factors.
Citations
Mich. Comp. Laws Serv. Sec. 4.1851(1). See Public Act 84 of 2022. ↑
Mich. Comp. Laws Serv. Sec. 4.1851(13)(b). ↑
Mich. Comp. Laws Serv. Secs. 4.1851(13)(c)(i)(A)-(D). This assessment must: summarize current local, state, and federal funding steams; discuss how to prevent overdose, address disparities in healthcare access, and prevent youth substance use; analyze the effects of substance use disorders and co-occurring mental health conditions based on quantitative and qualitative data; and describe the most common risk factors associated with substance use disorders and co-occurring mental health conditions. Id. ↑
Mich. Comp. Laws Serv. Secs. 4.1851(13)(c)(ii)(A)-(B). ↑
Mich. Comp. Laws Serv. Sec. 4.1851(13)(c)(iii). ↑
Mich. Comp. Laws Serv. Sec. 4.1851(13)(c)(iv). ↑
Mich. Comp. Laws Serv. Sec. 4.1851(13)(c)(v). ↑
Mich. Comp. Laws Serv. Secs. 4.1851(10)-(11). ↑
Mich. Comp. Laws Serv. Sec. 4.1851(9) (“Seven voting members of the opioid advisory commission constitute a quorum for transacting business”). ↑
Michigan Executive Order 2019-18(1)(1) (rescinded by Michigan Executive Order 2022-12). ↑
Id. ↑
Michigan Executive Order 2022-12, Sec. 2(a). Note that this 2022 executive order rescinded the original 2019 order. ↑
Michigan Executive Order 2022-12, Secs. 2(c)(1), 2(c)(2), 2(c)(6)-(7), and 2(c)(9). ↑
Michigan Executive Order 2022-12, Sec. 1(c). ↑
Mich. Comp. Laws Serv. Sec. 4.1851(2)(a). ↑
Mich. Comp. Laws Serv. Sec. 4.1851(2)(a)(i). ↑
Mich. Comp. Laws Serv. Sec. 4.1851(2)(a)(ii). ↑
Mich. Comp. Laws Serv. Sec. 4.1851(2)(a)(iii). ↑
Mich. Comp. Laws Serv. Sec. 4.1851(2)(a)(iv). ↑
Mich. Comp. Laws Serv. Sec. 4.1851(2)(a)(v). ↑
Mich. Comp. Laws Serv. Sec. 4.1851(2)(a)(vi). ↑
Mich. Comp. Laws Serv. Sec. 4.1851(3). ↑
Mich. Comp. Laws Serv. Secs. 4.1851(2)(b)-(c). ↑
Mich. Comp. Laws Serv. Secs. 4.1851(5). The Senate Majority Leader and the Speaker of the House of Representatives decided the initial terms. Of the first 12 voting members appointed, four were appointed to 1-year terms, four were appointed to 2-year terms, and four were appointed to 2-year terms. Mich. Comp. Laws Serv. Sec. 4.1851(5). ↑
Mich. Comp. Laws Serv. Sec. 4.1851(7). ↑
Michigan Executive Order 2022-12, Sec. 1(b)(1)(A)-(K). With the exception of the state’s chief medical executive, all of these members may select a designee from their respective agency to serve on the Task Force. See Michigan Executive Order 2022-12, Sec. 1(b)(1)(B). ↑
Michigan Executive Order 2022-12, Sec. 1(d). ↑
Michigan Executive Order 2022-12, Sec. 1(b)(2)(A). The PIHPs manage Medicaid substance use services in contract with the state of Michigan. ↑
Michigan Executive Order 2022-12, Sec. 1(b)(3). ↑
Michigan Executive Order 2022-12, Sec. 1(e). ↑
Michigan Executive Order 2022-12, Sec. 1(c). ↑
The Task Force website lists only the local government members. However, minutes from Task Force meeting specify present and absent members in full. See, e.g., Michigan Opioids Task Force Meeting Minutes. May 15, 2024. Accessed September 1, 2024. ↑
Opioid Settlement Funds. Cass County, Michigan website. Accessed July 4, 2024. ↑
Community Engagement & Planning Collaborative Charter, Rationale. Michigan Opioid Advisory Commission. October 12, 2023. ↑
Community Engagement & Planning Collaborative Charter, Statement of Purpose. Michigan Opioid Advisory Commission. October 12, 2023. ↑
Community Engagement & Planning Collaborative Charter, Candidate Eligibility and Prioritization. Michigan Opioid Advisory Commission. October 12, 2023. ↑
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