Where do these monies live?

This share is distributed to the Ohio Attorney General’s Office.[1]

What can this share be spent on?

With limited exceptions,[2] this share must be spent on approved purposes, which the MOU defines to mean the “evidence-based[,] forward-looking strategies, programming[,] and services” described in its Ohio Abatement Strategies list (“Exhibit A” of Ohio’s MOU).[3] Exhibit A contains three categories of interventions: Strategies for Community Recovery, for Statewide Innovation & Recovery, and for Sustainability.[4]

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

State Attorney General decides. The Ohio Attorney General’s Office will ultimately decide how this share is spent on approved purposes.[5] According to an FAQ from the OneOhio Recovery Foundation, the state’s 15% share of the Distributor settlement will be used “to leverage statewide buying power to offer prevention, treatment and recovery support services.”[6]

The Attorney General and governor may also decide to use this share to fund the OneOhio Recovery Foundation’s statewide programming.[7]

Is this share attached to an explicit bar against supplantation?

No, supplantation is not prohibited. Ohio does not explicitly prohibit supplantation uses of opioid settlement funds from the state share. This means that the 15% 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 (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. MOU B.1 (“15% to the Office of the Ohio Attorney General as Counsel for the State of Ohio (‘State Share’)”). ↑

2. MOU C.9 (“Any attorney fees related to representation of the State of Ohio shall not be paid from the [Local Government Fee Fund] but paid directly from the State Share or through other sources”). ↑

3. MOU B.2 (“All Opioid Funds, regardless of allocation, shall be utilized in a manner consistent with the Approved Purposes definition”) and MOU A.7 (defining “Approved Purpose(s)” to mean “evidence-based forward-looking strategies, programming and services … as is further set forth in the agreed Opioid Abatement Strategies attached as Exhibit A”). See also MOU Exhibit A (referring to itself as “Ohio Abatement Strategies”). ↑

4. Unlike the first two components, “Strategies for Sustainability” does not have a standalone section within the MOU’s Exhibit A, but Exhibit A’s first page describes “Strategies for Sustainability” as including “collaborat[ion] to share resources and knowledge” and “build[ing] sustainable financing strategy and infrastructure to reverse the damage that has been done and prevent future epidemics and crises.” ↑

5. MOU B.1-2 (“15% to the Office of the Ohio Attorney General as Counsel for the State of Ohio” for use “in a manner consistent with the Approved Purposes definition”). ↑

6. See also Foundation FAQs. OneOhio Recovery Foundation website. Accessed August 14, 2024. ↑

7. MOU D.11(b) (“Funds for statewide programs, innovation, research, and education may also be expended by the Foundation. … Expenditures for these purposes may also be funded by the Foundation with funds received from either the State Share (as directed by the State)”). See also MOU A.1 (defining “the State” to mean “the State of Ohio acting through its Governor and Attorney General”). ↑

Where do these monies live?

This share is distributed directly to Ohio’s counties, townships, cities, and villages according to Exhibit B of Ohio’s MOU.[1]

What can this share be spent on?

With limited exceptions,[2] this share must be spent on approved purposes, which the MOU defines to mean the “evidence-based[,] forward-looking strategies, programming[,] and services” described in its Ohio Abatement Strategies list (“Exhibit A” of Ohio’s MOU).[3] Exhibit A contains three categories of interventions: Strategies for Community Recovery, for Statewide Innovation & Recovery, and for Sustainability.[4] This share may also be used to reimburse past abatement expenditures.[5]

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

Localities decide autonomously. Decisionmakers for the counties, cities, townships, and villages will ultimately decide for themselves how to spend their monies on approved purposes.[6] Local governments’ governing bodies (i.e., board of county commissioners or city council) must pass resolutions to spend funds from this share on reimbursement uses.[7]

Is this share attached to an explicit bar against supplantation?

No, supplantation is not prohibited. Ohio does not explicitly prohibit supplantation uses of opioid settlement funds from the local share. This means that the 30% local share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.

Can I see how this share has been spent?

Up to each locality (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. OneOhio Memorandum of Understanding (MOU) A.2 (defining “Local Governments” to mean “all counties, townships, cities and villages within the geographic boundaries of the State of Ohio”), B.1 (“30% going to Local Governments (‘LG Share’)”), B.3 (“The [Local Governments] allocations are set forth in Exhibit B”), and B.7 (“The LG Share shall be paid in cash and directly to Local Governments”). Non-participating local governments’ amounts are redistributed to participating local governments. MOU B.4. See also MOU B.5 (“If the LG Share is less than $500, then that amount will instead be distributed to the county in which the Local Government lies to allow practical application of the abatement remedy”). Additionally, Cuyahoga County and Summit County are excepted from several payouts given their previous bellwether settlements with companies including McKesson, AmerisourceBergen, Cardinal Health, Johnson & Johnson, and Teva. ↑

2. The Foundation and Local Government (LG) shares may both be used to fund the Local Government (attorneys’) Fee Fund (LGFF), which contains a maximum of 11.05% of the total monies from any settlement. MOU C.1-2 and C.5 . See also MOU C.3 (“The first 45% of the LGFF amount shall be drawn from the LG Share. The remaining 55% shall be drawn from the Foundation Share. No portion of the LGFF Amount may be assessed against or drawn from the State Share).” Any unused monies from the LGFF after payment of fees revert to the Foundation. MOU C.8. See also Overview of the Foundation. OneOhio Recovery Foundation. April 2023. Accessed August 14, 2024 (chart depicts the Foundation’s operating costs as against its investments and grants). ↑

3. MOU B.2 (“All Opioid Funds, regardless of allocation, shall be utilized in a manner consistent with the Approved Purposes definition”) and MOU A.7 (defining “Approved Purpose(s)” to mean “evidence-based forward-looking strategies, programming and services … as is further set forth in the agreed Opioid Abatement Strategies attached as Exhibit A”). See also MOU Exhibit A (referring to itself as “Ohio Abatement Strategies”). ↑

4. Unlike the first two components, “Strategies for Sustainability” does not have a standalone section within the MOU’s Exhibit A, but Exhibit A’s first page describes “Strategies for Sustainability” as including “collaborat[ion] to share resources and knowledge” and “build[ing] sustainable financing strategy and infrastructure to reverse the damage that has been done and prevent future epidemics and crises.” ↑

5. MOU B.2 (“The LG Share may also be used for past expenditures so long as the expenditures were made for purposes consistent with the remaining provisions of the Approved Purposes definition. Prior to using any portion of the LG Share as restitution for past expenditures, a Local Government shall pass a resolution or take equivalent governmental action that explains its determination that its prior expenditures for Approved Purposes are greater than or equal to the amount of the LG Share that the Local Government seeks to use for restitution”). See also MOU A.7 (“For purposes of the Local Government Share, “Approved Purpose(s)” will also include past expenditures”). ↑

6. See MOU B generally, which contains several provisions that speak to local governments’ decision-making autonomy vis-à-vis their 30% share. See also Foundation FAQs. OneOhio Recovery Foundation website. Accessed August 14, 2024 (“[local governments’] direct payments are separate and distinct from those managed by the Foundation”). ↑

7. MOU B.2 (“Prior to using any portion of the LG Share as restitution for past expenditures, a Local Government shall pass a resolution or take equivalent governmental action that explains its determination that its prior expenditures for Approved Purposes are greater than or equal to the amount of the LG Share that the Local Government seeks to use for restitution”). ↑

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

Has the state established an advisory body for settlement funds?

Yes. Ohio’s settlement MOU directs the creation of a 29-member (“Board”) to govern the and oversee disbursement of settlement monies from the Foundation’s 55% share.[1]

Expert Panel. The Foundation also includes a Board-appointed that uses “experts in addition, pain management, and public health, including individuals with lived experience and other fields relating to substance use disorder, to make recommendations to the Board that will seek to ensure that all nineteen (19) regions can address the opioid epidemic locally, as well as statewide.”[2] The Expert Panel is authorized to “consult with and offer expert advice to the Regions on projects recommended for funding.”[3] As described in the Foundation’s ,[4] the Expert Panel also:

• Supports the grant process by providing recommendations on statewide grants and initiatives, clarifying and/or creating abatement strategies “when necessary,”[5] and conducting technical reviews of grant applications.[6]

• Advises the Foundation, including by assisting the Board “in determining the amount and timing of Foundation funds to be distributed as Regional Shares” and “monitor[ing] data and trends related to behavioral health.”[7]

• Advises the Foundation’s Grant Oversight Committee, which may include helping the Committee to establish “a regular process for fiscal and outcome reporting and review for all funded projects in order to ensure grantee accountability and funding impact.”[8]

Though the Foundation, including the Board and Expert Panel, is required to “operate in a transparent manner” and has adopted a ,[9] its actual practices have faced substantial transparency-related criticism.[10]

The Board is required to meet at least four times each year but has consistently met more frequently (typically monthly).[11] The Expert Panel and the Board’s various committees are not required to meet at a specific frequency but also typically meet at least monthly. Upcoming Board, Expert Panel, and Board committee meetings are listed on the Foundation’s ; information about past Board meetings may be found on the Foundation’s .

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

No. The OneOhio Recovery Foundation’s Board and the Expert Panel are not required to include member(s) with lived and/or living experience. However, the Foundation’s includes “lived or shared experience with substance use disorder” among the desired “diversity in background and experience” of its Board directors.[12]

What is the overall membership of the state advisory body?

Board of Directors: The Foundation’s has 29 directors, including 19 regional directors, six statewide directors, and four legislative directors:[13]

• The eight Metropolitan Regions and eleven Non-Metropolitan Regions each appoint one director.

• The governor appoints five directors.

• The state attorney general appoints one director.

• The President of the Ohio Senate, Minority Leader of the Ohio Senate, Speaker of the Ohio House, and Minority leader of the Ohio House each appoint one director.

Directors must be “representative of the communities within the State of Ohio with respect to their diversity in background and experience, especially with respect to matters involving the Foundation’s Charitable Purposes.”[14] Excepting initial staggered terms, [15] directors serve two-year terms and may be reappointed.[16]

Expert Panel: The Expert Panel includes up to nine members, all of whom are ultimately appointed by the Board from candidates submitted by the Board’s regional directors (six members), governor (two members), and state attorney general (one member).[17] The Board may reject a candidate it finds “unsatisfactory” and request a new candidate be submitted.[18] While the Expert Panel uses experts to inform its efforts, members themselves are not required to possess any specific expertise. Expert Panel members may also serve as members of the Foundation’s Board, but this is not required.[19]

Expert Panel members are generally appointed to two-year terms and may be appointed to two consecutive terms.[20] The governor’s leading director / staff member on SUD serves as an ex-officio member of the Expert Panel,[21] and the Foundation’s executive director may appoint additional non-voting, ex-officio members “as necessary.”[22]

Executive Director: The Foundation’s executive director serves as a non-voting, ex-officio member of both the Board and Expert Panel.[23] The executive director is appointed by the governor from a list of candidates provided by the Board,[24] and the Board is required to select candidates with “at least six (6) years of experience in addiction, mental health and/or public health, and management experience in those fields.”[25]

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 Ohio are not required to establish 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?

Ohio is divided into 19 regions for purposes of the OneOhio Recovery Foundation.[26] Each region must establish its own governance structure to ensure that local governments within the region “have input and equitable representation regarding regional decisions.”[27]

Citations

31. Select one of 19 regions from the “Regions” drop-down menu at the top of the page. ↑

Where do these monies live?

The holds 55% of Ohio’s opioid settlement funds.[1]

What can this share be spent on?

With limited exceptions,[2] this share must be spent on approved purposes, which the state’s defines to mean the “evidence-based[,] forward-looking strategies, programming[,] and services” described in its list (“Exhibit A” of Ohio’s MOU).[3]

Exhibit A contains three categories of interventions: Strategies for , for , and for Sustainability.[4] The Foundation has published additional guidance on expenditures from this share, including on how applicants can ensure that projects and programs are presented as evidence-based,[5] and has periodically identified funding priority areas for its grant cycles, including for its .[6]

The MOU explicitly requires uses of the Foundation’s funds to benefit local communities.[7]

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

OneOhio Recovery Foundation Expert Panel guides, Board of Directors decides (regions recommend regional grantees). In general, the ’s (Board) ultimately decides how the Foundation’s 55% share is spent,[8] whether as grants to regions,[9] as statewide programming,[10] or as investments.[11]

Most of the Foundation’s share has been spent as grants to ,[12] and according to the percentage allocations in the MOU’s .[13] Each region must create its own governance structure to receive input from its local governments and is responsible for making allocation decisions that will “equitably serve the needs of the entire Region.”[14] Regional grantmaking follows a :

• Eligible entities, including non-profits, for-profits, and governments,[15] apply for funding through the OneOhio .

• The 19 Regional Grant Review Committees then review the applications and share their recommendations for awards with the Expert Panel.[16]

• The Expert Panel conducts a review to ensure alignment with evidence-based practices and approved purposes.[17]

• The OneOhio Grant Oversight Committee then reviews the input of both the Regional Grant Review Committee(s) and the Expert Panel input before making its own recommendation to the Foundation’s Board, which exercises final approval power via vote.[18]

Is this share attached to an explicit bar against supplantation?

Supplantation is partially prohibited. The OneOhio Recovery Foundation’s provides that expenditures by Foundation grantees “should be for new, expanded, or improved services to meet the criteria for Approved Purposes,” and that grant funds received from this share may not be used to “supplant or replace funds currently expended for like services.”[19] This means that grantees’ awarded funds from the 55% OneOhio Recovery Foundation share must be spent in ways that supplement — rather than replace (or “supplant”) — existing resources.[20]

Can I see how this share has been spent?

What else should I know?

Not applicable.

Citations

• (incl. and upcoming Board, Expert Panel, and Committee meetings)

• (Board’s upcoming meetings and past meeting materials)

• Foundation Policies: , , , , , , , , ,

Ohio Attorney General

Community Education Group

Other

Can I provide input on spending?

• 55% OneOhio Recovery Foundation share: No opportunities available (not required). Though the Foundation’s governing documents and policies acknowledge the importance of public engagement,[1] none establish any specific requirements or processes for the Foundation to receive public input,[2] and the Foundation has not yet established recurring opportunities for the public to provide input on uses of its share.[3]

  • Board. The Foundation’s Board of Directors meetings are open to the public, but its have historically excluded public comment periods. Visit the Foundation’s and pages for information about upcoming and past meetings of the Board, Board committees, and Expert Panel.

  • Regions. Meetings of the 19 regional governing bodies are generally open to the public but are also not required to allow for public comment. Visit the Foundation’s to find information about each region, including its governing body members, upcoming meeting dates, past meeting minutes, and contact information.[4]

• 30% local share: Up to each locality (not required). Local governments are not required to seek public input on uses of their shares. However, each may choose to seek such input. Watch for other opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls.

• 15% state share: No opportunities available (not required). The state has not established recurring opportunities for the public to provide input on uses of its share.[5]

Can I apply for grants?

Yes. Visit the OneOhio Recovery Foundation’s to learn more about grant opportunities from the 55% OneOhio Recovery Foundation share.[6] Local governments 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 (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 OneOhio Recovery Foundation’s share, visit the Foundation’s , which includes Foundation , upcoming Board and Expert Panel , and an . You can also sign up for the Foundation’s email updates .

• To find updates on the local share, a good starting point is to check the websites for your board of county commissioners, city council, or local health department. See, e.g., Summit County’s Opioid Healing Fund .

• A single resource containing updates specific to the state share could not be found,[7] but you can review general information on the Ohio Attorney General’s page.

• You can also from Community Education Group’s , which tracks information about the 13 states of Appalachia.

What else should I know?

• The OneOhio Recovery Foundation was sued by a grassroots organization, , for allegedly violating open meeting and public records laws. An early stage of the open meetings litigation was decided in Harm Reduction Ohio’s favor (the case was later ).[8] In May 2023, the Supreme Court of Ohio ruled in a separate lawsuit by Harm Reduction Ohio against the Foundation that the latter must comply with the state’s public records laws.[9] However, Ohio’s fiscal years overturned this decision by exempting OneOhio and its regional boards from multiple state transparency and anti-corruption laws, including the state’s public records law.[10] The Foundation has adopted governing documents and a in which it voluntarily agrees to follow certain public access and transparency principles.[11]

• You can contact the OneOhio Recovery Foundation and/or request to be put in contact with your region using the Foundation’s or by emailing .

Citations

4. Select one of 19 regions from the “Regions” drop-down menu at the top of the page. ↑

10. 2023 Ohio House Bill 33 Sec. 182.02. ↑

DECISION-MAKING

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

• 55% OneOhio Recovery Foundation share:

• 30% local share: local officials for counties, cities, townships, and villages

• 15% state share: