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

• 80% statewide abatement share: Rhode Island General Assembly

• 20% city and town share: local officials for cities and towns

Where do these monies live?

The remaining 20% of settlement funds is paid directly to participating cities and towns according to Exhibit A of Rhode Island’s state-local agreement.[1]

Participating cities and towns are encouraged to pool their funds,[2] and each may also direct their shares to the state.[3]

What can this share be spent on?

In general, and with limited exceptions,[4] this share must be spent on the approved purposes described in the national settlement agreement’s (non-exhaustive) Exhibit E,[5] which includes prevention, harm reduction, treatment, recovery, and other strategies.

Though local governments are encouraged to use monies on forward-looking strategies,[6] they may use their shares to reimburse past abatement expenditures if those reimbursement uses are documented through a resolution or equivalent action.[7]

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

Local governments decide autonomously. Decisionmakers for the cities and towns will ultimately decide for themselves how to spend their monies on Exhibit E uses.[8]

Is this share attached to an explicit bar against supplantation?

No, supplantation is not prohibited. Like most states, Rhode Island does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that City and Town 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. Rhode Island Memorandum of Understanding Between the State and Cities and Towns Receiving Opioid Settlement Funds (MOU) II.A(1) (“20% directly to the Participating Cities and Towns (‘City and Town Share’) for Approved Purposes in accordance with Section III below”), MOU III.A (“Exhibit A … assigns each Eligible City or Town a percentage share of funds”), MOU I.H (defining “Participating City or Town” to mean those that are signatories to the MOU and participants to the settlement agreements, with the following cities and towns listed as explicitly eligible in MOU I.D: “Barrington, Bristol, Burrillville, Central Falls, Charlestown, Coventry, Cranston, Cumberland, East Greenwich, East Providence, Exeter, Foster, Glocester, Hopkinton, Jamestown, Johnston, Lincoln, Little Compton, Middletown, Narragansett, New Shoreham, Newport, North Kingstown, North Providence, North Smithfield, Pawtucket, Portsmouth, Providence, Richmond, Scituate, Smithfield, South Kingstown, Tiverton, Warren, Warwick, West Greenwich, West Warwick, Westerly, and Woonsocket”). ↑

2. MOU III.C (“Participating Cities and Towns may, and are encouraged to, share, pool, or collaborate on opioid abatement efforts with their respective allocation of the City and Town Share in any manner they choose”). ↑

3. MOU III.D (“Participating Cities and Towns may, at their discretion, forego their allocation of the City and Town Share and direct their allocation to the Statewide Abatement Share by affirmatively notifying the Advisory Committee and any relevant settlement fund administrator on an annual basis”). ↑

4. MOU I.A (“Qualifying expenditures may include reasonable related administrative expenses”) and MOU I.G (defining “Opioid Settlement Funds” to exclude “funds needed to pay an administrator or a Rhode Island Qualified Settlement Administrator, or designated by a Settlement Agreement or court order for State or Participating Subdivision attorneys’ fees and costs”).

   See also MOU III.G (“The Parties agree that attorneys representing the Participating Cities and Towns in litigation against the Opioids Defendants will satisfy any contractual obligations relating to those legal representations through the mechanisms provided for in the Settlement Agreements. Notwithstanding the provisions of part B of this subsection, no portion of the City and Town Share shall be used to pay any attorneys’ fees, costs, or other contractual obligations relating to legal representation in litigation against the Opioids Defendants”). ↑

5. MOU I.A ("'Approved Purposes' means care, treatment, and other programs and expenditures designed to (1) address the misuse and abuse of opioid products; (2) treat or mitigate opioid use or related disorders; or (3) mitigate other alleged effects of, including on those injured as a result of, the opioid epidemic as identified by... Exhibit E ... or any other relevant Settlement Agreement"), MOU II.B ("All Opioid Settlement Funds, regardless of allocation, shall be utilized solely for Approved Purposes"). ↑

6. MOU III.B (“The City and Town Share shall be used for Approved Purposes and the Parties intend for the Opioid Settlement Funds to be used on forward-looking opioid abatement efforts”). ↑

7. MOU III.B (“But, the City and Town Share may also be used for past expenditures so long as the expenditures were made for Approved Purposes and are not otherwise restricted by a confirmed plan in a bankruptcy proceeding. Prior to using any portion of the City and Town Share as restitution for past expenditures, a Participating City or Town 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 City and Town Share that the City or Town seeks to use for restitution”). ↑

8. MOU III.A-F (providing for cities’ and towns’ direct receipt of shares, responsibility for their approved uses, ability to collaborate amongst themselves, redirect their shares, and otherwise describing their autonomous uses of funds). See also Municipal Opioid Briefing. Rhode Island Attorney General Presentation. August 2, 2022. Accessed August 25, 2024 (see “Direct Funds: How can cities and towns spend them?”). ↑

This Community Guide will describe how Rhode Island is spending its opioid settlements and whether Rhode Island 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. Rhode Island’s establishes a 17-member to provide formal recommendations on the uses of settlement funds from the Statewide Abatement share.[1] The MOU:

• Requires the Advisory Committee to establish a process for receiving input from communities, providers, and local governments on abatement-related needs and proposals[2]

• Encourages the Advisory Committee to coordinate with established groups, including the Governor’s Overdose Prevention and Intervention Task Force and organizations focused on prevention, rescue, harm reduction, treatment, and recovery strategies[3]

The Advisory Committee is required to meet at least quarterly but has met more frequently since 2022.[4] The 2024 meetings calendar is available . Advisory Committee meetings are public and must comply with the .[5]

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

No. Rhode Island’s MOU does not require the Opioid Settlement Advisory Committee to include a member with lived and/or living experience.

What is the overall membership of the state advisory body?

The has 17 members: six state representatives, six city and town representatives, three expert representatives, and two community representatives.[6] Its specific composition is defined by the state’s :

• Rhode Island Attorney General or their designee

• Speaker of the Rhode Island House or their designee

• Rhode Island Senate President or their designee

• Chief Justice of the Rhode Island Supreme Court or their designee

• Director of the Rhode Island Department of Health

• Director of the Rhode Island Department of Behavioral Healthcare, Developmental Disabilities & Hospitals

• Mayor of the City of Providence or their designee

• Representative from a city or town in Bristol County

• Representative from a city or town in Kent County

• Representative from a city or town in Newport County

• Representative from a city or town in Providence County other than the City of Providence

• Representative from a city or town in Washington County

• Three expert representatives, appointed by a majority vote of the state representatives and city and town representatives[7]

• Two community representatives, appointed by a majority vote of the state representatives and city and town representatives[8]

Terms: County and expert representatives generally serve three-year terms,[9] while community representatives generally serve two-year terms.[10]

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?

Up to each locality (not required). Local governments in Rhode Island 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?

Not applicable.

Citations

Where do these monies live?

Rhode Island’s 80% statewide abatement share is held in the Rhode Island Statewide Opioid Abatement Account.[1]

What can this share be spent on?

In general, and with limited exceptions,[2] this share must be spent on the approved purposes described in the national settlement agreement’s (non-exhaustive) ,[3] which includes prevention, harm reduction, treatment, recovery, and other strategies.

Unlike local governments’ shares, which may be spent on reimbursement uses,[4] monies in the Rhode Island Statewide Opioid Abatement Account must only be used for forward-looking abatement purposes.[5]

Rhode Island is also using the Governor’s preexisting as a “roadmap” to guide distribution of funds and to ensure that Statewide Opioid Abatement Account monies are “equitably distributed, taking into consideration the history of structural racism and its impact on health.”[6] This plan focuses on four broad pillars: prevention, “rescue and harm reduction,” treatment, and recovery.[7]

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

Opioid Settlement Advisory Committee recommends, Executive Office of Health and Human Services and Governor select, state legislature appropriates. Specific expenditures for this share are made using a involving several state entities:[8]

1. Opioid Settlement Advisory Committee. The is required to create a process for gathering input from communities, provider organizations, and localities,[9] then annually recommending uses of the statewide abatement share to the Secretary of the Rhode Island Executive Office of Health and Human Services.[10]

2. EOHHS Secretary. The of the Rhode Island Executive Office of Health and Human Services (EOHHS) must make a “good faith effort” to incorporate the Advisory Committee’s recommendations into EOHHS’s annual budget.[11] If EOHHS “substantially deviates” from the Advisory Committee’s recommendations, it must provide a public written explanation.[12] Recommendations are ultimately “approved or rejected by the EOHHS Secretary, … then a budget is developed and sent to the Governor’s office.”[13]

3. Governor’s office. The selects recommendations for inclusion in their budget to be considered by the Rhode Island legislature.[14]

4. State general assembly. The passes a budget and sends it back to the Governor for final approval.[15]

After the Governor signs the budget, EOHHS coordinates with various state agencies to carry out planning and implementation of opioid abatement activities.”[16]

Is this share attached to an explicit bar against supplantation?

No, supplantation is not prohibited. Like most states, Rhode Island does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the Statewide Abatement share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.

Can I see how this share has been spent?

What else should I know?

Not applicable.

Citations

Executive Office of Health and Human Services

Rhode Island Opioid Settlement Advisory Committee, incl. 2024 Meeting Calendar

Prevent Overdose, RI (PORI)

Opioid Settlement

Rhode Island Attorney General

Latest Opioids News

Can I provide input on spending?

• 80% Statewide Abatement share: Yes (required). The Rhode Island Opioid Settlement Advisory Committee includes a dedicated public comment period at its meetings,[1] and is required by the state’s MOU to work with the Rhode Island Executive Office of Health and Human Services (EOHHS) to “establish a process for receiving input from Rhode Island’s communities, provider organizations, and cities and towns.”[2] Visit the Advisory Committee’s website to find upcoming meeting dates. Agendas for Advisory Committee meetings must be posted to the Rhode Island Secretary of State’s Open Meetings website at least two business days before each meeting.[3] The Advisory Committee is required by Rhode Island’s MOU to meet at least quarterly but has met more frequently throughout 2023 and 2024.[4] Check out the Advisory Committee’s dedicated open meetings page, including information from past meetings, and view the 2024 meeting schedule here. You can also contact the Opioid Settlement Advisory Committee at OHHS.OpioidSettlement@ohhs.ri.gov.

• 20% 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 opportunities to weigh in on city and county spending decisions, such as city council meetings and town halls.

Can I apply for grants?

Yes. The state has made grant funding available from the 80% Statewide Abatement share in the past.[5] Local governments may create grant programs to distribute funds from the 70% local share. 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 Portal (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 Statewide Abatement share, visit the Rhode Island Opioid Settlement Advisory Committee’s website and Prevent Overdose RI’s (PORI) Opioid Settlement page.[6]

• To find updates on the local share, a good starting point is to check the websites for your city/town council or local health department.

What else should I know?

Not applicable.

Citations

1. This is typically toward the end of the agenda. See Rhode Island Opioid Settlement Advisory Committee (“Meeting Materials”). Rhode Island Executive Office of Health and Human Services website. Accessed September 1, 2024. See, e.g., the Advisory Committee’s June 24, 2024 Meeting Agenda. Accessed September 1, 2024. See also Rhode Island Memorandum of Understanding Between the State and Cities and Towns Receiving Opioid Settlement Funds (RI State-Local MOU) Sec. V(E)(2) (“Meetings of the Advisory Committee shall be public, open meetings consistent with the Open Meetings Act, Chapter 46 of Title 42 of the Rhode Island General Laws”); R.I. Gen. Laws Sec. 42-46 et seq. (excluding explicit requirement that all public meetings include public comment, providing merely with R.I. Gen. Laws Sec. 42-46-6 that "[n]othing within this chapter shall prohibit any public body, or the members thereof, from responding to comments initiated by a member of the public during a properly noticed open forum even if the subject matter of a citizen’s comments or discussions were not previously posted, provided such matters shall be for informational purposes only and may not be voted on except where necessary to address an unexpected occurrence that requires immediate action to protect the public or to refer the matter to an appropriate committee or to another body or official, and that “[n]othing contained in this chapter requires any public body to hold an open-forum session to entertain or respond to any topic nor does it prohibit any public body from limiting comment on any topic at such an open-forum session”). For more information on the requirements of Rhode Island’s Open Meetings Act, see Know Your Rights: Open Meetings in RI. ACLU of Rhode Island. Last updated March 2018. Accessed September 1, 2024. ↑

2. RI State-Local MOU Sec. V(E)(3). ↑

3. See R.I. Gen. Laws Sec. 42-46-6(b) (“Public bodies shall give supplemental written public notice of any meeting within a minimum of forty-eight (48) hours, excluding weekends and state holidays in the count of hours, before the date.”) ↑

4. RI State-Local MOU Sec. V(E)(1). As of September 1, 2024, the Advisory Committee had met five (5) times in 2024. In 2023, the Advisory Committee held nine (9) meetings. See Rhode Island Opioid Settlement Advisory Committee (“Meeting Materials”). Rhode Island Executive Office of Health and Human Services website. Accessed September 1, 2024. ↑

5. See, e.g., Opioid Settlement Impact and Recovery Grants. Rhode Island Foundation website. Accessed September 1, 2024. See also Executive Office of Health and Human Services and the Rhode Island Foundation award $3.25 million in grants to address opioid use. EOHHS press release. May 4, 2023. Accessed September 1, 2024. ↑

6. “This website is an initiative of the Rhode Island Governor’s Overdose Task Force, in collaboration with the RI Department of Health (RIDOH), the RI Department of Behavioral Healthcare and Developmental Disabilities and Hospitals (BHDDH), the Executive Office of Health and Human Services (EOHHS), and the People, Place & Health Collective at Brown University’s School of Public Health.” Prevent Overdose RI (see What is this site?). Accessed September 1, 2024. ↑