Advisory Bodies
Has the state established an advisory body for settlement funds?
Yes. The West Virginia First Memorandum of Understanding requires the creation of the West Virginia First Foundation, which is assisted in its duties by a “governing board,” expert panel, and “regional entities.”[1] The Foundation’s policies and bylaws describe its State Expert Panel and six Regional Expert Panels, which are required to provide non-binding input and guidance regarding expenditures from the 72.5% Foundation share.[2]
The State Expert Panel must:
Consult with each region prior to the disbursement of the region’s Regional Share Allocation[3]
Create a process for regions to submit proposals on uses of non-discretionary distributions[4]
Provide recommendations to regions on projects, services, or expenses to fund.[5]
Review grant applications received from the Regional Expert Panels to ensure compliance with approved purposes[6]
Determine strategies and funding recommendations for submission to the Foundation’s Board of Directors after reviewing and evaluating recommendations and information from the Regional Expert Panels[7]
Assist the Foundation’s Board of Directors “in making decisions about strategies for abating the opioid epidemic in West Virginia.”[8]
The six Regional Expert Panels are required to:
Engage with members of the public in their regions at least quarterly to “identify concerns and funding priorities,” then vet and submit “[a]ll identified needs” to the State Expert Panel.[9]
Conduct a needs assessment for their region every fiscal year[10]
Review applications received by a region to “ensure that the proposals meet the stated need, are [for] approved purpose(s) … and are submitted by reputable and capable entities.”[11]
Submit findings and recommendations to the State Expert Panel after reviewing grant applications[12]
Is the state advisory body required to include member(s) with lived and/or living experience?
Yes. The West Virginia First Foundation’s Expert Panel Policy provides that the State Expert Panel and each Regional Expert Panel must include a member with expertise on “recovery / lived experience.”[13]
Additionally, the Expert Panel Policy requires the Foundation’s Board to consider certain types of qualifications and experience when appointing its Expert Panel members,[14] including “personal lived experience in addiction,” which it describes as “highly preferred.”[15]
What is the overall membership of the state advisory body?
The State Expert Panel and each of the Regional Expert Panels have six members representing each of the following areas of expertise:
Treatment (including mental health and pharmacology)
Prevention
Recovery / lived experience
Systems of care, health policy, and management (including finance)
Law enforcement and judicial systems
First responders[16]
Selection process: Members of the Regional Expert Panels are nominated by the Foundation Board member representing the applicable region and approved by the greater Foundation Board.[17] Members of the State Expert Panel are nominated by members of the Regional Expert Panels representing each area of expertise and approved by the greater Foundation Board.[18]
Selection criteria: Panel members must be “experts and leaders in their respective fields,”[19] with “multiple years of work experience or an advanced degree in their respective fields.”[20] They should also be “representative … of the characteristics, demographics, and individualized needs of each region.”[21] The Expert Panel Policy includes a non-exhaustive list of eleven qualifications and experiences that must be considered when making appointments.[22]
Terms: Members are typically appointed for 3-year terms.[23] None may simultaneously serve on the State Expert Panel and a Regional Expert Panel.[24]
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 West Virginia 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?
The Foundation’s Board of Directors expanded the required areas of expertise for members of the State Expert Panel and Regional Expert Panels. As originally contemplated by the West Virginia First Memorandum of Understanding and the Foundation’s bylaws, the expert panel was to include “experts in the fields of substance abuse treatment, mental health, law enforcement, pharmacology, finance, and healthcare policy and management.”[25] The Foundation has since expanded the areas of expertise required by its Expert Panel Policy to include prevention, first responders, and “recovery / lived experience.”[26]
Citations
West Virginia First Memorandum of Understanding Sec. C.1 (MOU). Accessed September 1, 2024 (“The Parties shall create a private … Foundation … with a governing board … , a panel of experts …, and such other regional entities”). ↑
Expert Panel Policy. West Virginia First Foundation, Inc. Accessed June 3, 2024. Neither the State Expert Panel nor the Regional Expert Panels have the authority to bind (require) the Foundation’s Board of Directors to a particular action. Expert Panel Policy Sec. III(I), IV(H). See also MOU C.9. Accessed September 1, 2024 (“The Board shall appoint the Expert Panel. … The purpose of the Expert Panel is to assist the Board in making decisions about strategies for abating the opioid epidemic in local communities around the state”); Bylaws of West Virginia First Foundation, Inc., Sec. 6.13. Oct. 31, 2023. ↑
Expert Panel Policy Sec. IV(C). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy Sec. IV(D). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy Sec. IV(D). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy Sec. IV(E). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy Sec. IV(F). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy Sec. IV(G). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy Sec. III(C). West Virginia First Foundation, Inc. Accessed June 3, 2024. See also Expert Panel Policy Sec. III(E) (“Regional Panels shall convey Regional needs to the State Panel”). ↑
Expert Panel Policy Sec. III(D). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy Sec. III(F). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy Sec. III(G). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy Secs. I(B), III(A), IV(A). West Virginia First Foundation, Inc. Accessed June 3, 2024 ↑
Expert Panel Policy Sec. II(E)(1)-(11). West Virginia First Foundation, Inc. Accessed July 15, 2024. ↑
Expert Panel Policy Sec. II(E)(4). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy Secs. I(B), III(A), IV(A). West Virginia First Foundation, Inc. Accessed July 15, 2024. ↑
Expert Panel Policy Sec. III(B). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy Sec. IV(B). West Virginia First Foundation, Inc. Accessed June 3, 2024. See also Expert Panel Policy Sec. II(H) (“Regional Panel members shall submit nominations, for their respective fields, to the Board for consideration on the State Panel.”) Note that the initial members of the State Expert Panel will be nominated by the Expert Panel Subcommittee of the Foundation’s Board and approved by the full Foundation Board. Id. ↑
Expert Panel Policy Sec. II(B). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy Sec. II(C). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy Sec. II(D). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy Sec. II(E)(1)-(11). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
Expert Panel Policy §Sec.§ III(B), IV(B). West Virginia First Foundation, Inc. Accessed June 3, 2024. Initial terms are staggered between one to three years. Id. ↑
Expert Panel Policy Sec. II(G). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑
MOU Sec. C.9. Accessed September 1, 2024; Bylaws Sec. 6.13. Oct. 21, 2023. ↑
Expert Panel Policy Sec. I(B). West Virginia First Foundation, Inc. Accessed June 3, 2024 ↑
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