Where do these monies live?

This 24.5% local share is distributed directly to participating counties, cities, villages, and towns according to the default allocations in Exhibit C of West Virginia’s MOU.[1] Counties and their municipalities can agree to allocate the funds differently than according to the default in Exhibit C.[2] Each county and municipality receiving funds is required to set up a separate account to hold their opioid settlement proceeds separate from their general coffers.[3]

What can this share be spent on?

In general,[4] this share must be spent on the approved purposes described in Exhibit A of West Virginia’s MOU,[5] which mirrors much of the national settlement agreements’ Exhibit E but differs from it in key respects, including but not limited to its omission of syringe service programs from its “Core Strategies” list and the inclusion of an extra law enforcement category of funding to curtail the oversupply of “licit and illicit opioids.”[6]

Localities may use up to one-half of their settlements funds to reimburse for past abatement expenditures (including past “law enforcement and regional jail fees”), provided that these uses are recorded via resolution or similar government action.[7]

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

Local governments decide autonomously. Local officials in the counties, cities, villages, and towns will ultimately decide for themselves how to spend their monies on approved purposes but must report its uses to the West Virginia First Foundation.[8]

Are supplantation uses prohibited for this share?

No, supplantation is not prohibited. Like most states, West Virginia does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 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?

Eventually (public reporting required). Expenditures from this share will likely be published on the Foundation’s website. State law and the MOU require local governments to submit an annual report to the West Virginia First Foundation specifying their expenditures on approved purposes.[9] The Foundation is then required to publish a consolidated report of opioid settlement expenditures.[10]

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. West Virginia First Memorandum of Understanding (MOU) B.2(b)(i) (“24.5% of the Net Opioid Funds shall be allocated as LG Shares. These LG Shares shall be allocated amongst the Local Governments using the default percentages set forth in Exhibit C”) and W. Va. Code Sec. 5-31-1(d) (legislature finding that “[a]ll 55 counties and virtually all participating municipalities, representing 99.6 percent of the population of West Virginia, have executed the memorandum of understanding”). See also MOU A.5 (defining “Local Government(s)” to mean “all counties, cities, villages, and towns located within the geographic boundaries of the State”) and MOU B.4 (“If a Local Government for any reason is excluded from a specific Settlement or Judgment, the allocation percentage for that Local Government shall be redistributed among the participating Local Governments for that Settlement or Judgment”). ↑

2. MOU B.2(b)(i). ↑

3. State Auditor County Guidance Regarding Accounting for Opioid Settlement Funds. Accessed September 2, 2024 (requiring county commissions to create separate accounts at a public meeting) and State Auditor Municipal Guidance Regarding Accounting for Opioid Settlement Funds. Accessed September 2, 2024 (requiring municipal councils to create separate accounts at a public meeting, except municipalities whose shares are less than $500, whose funds are redistributed to the county in which they sit). The separate accounts in both the counties and municipalities are to be interest-baring and any interest is to remain in fund and be subject to the same requirements. ↑

4. See, e.g., MOU D (“Payment of all Attorneys' Fees and Litigation Expenses shall be awarded consistent with the orders of the Court and upon recommendation of Judge Christopher Wilkes (WVMLP Special Master). Such award shall be final and non-appealable”). ↑

5. MOU A.1 (defining “Approved Purpose(s)” to mean “evidence-based strategies, programming and/or services used to expand the availability of treatment for individuals affected by substance use disorders and/or addiction, to develop, promote and provide evidence-based substance use prevention strategies, to provide substance use avoidance and awareness education, to engage in enforcement to curtail the sale, distribution, promotion or use of opioids and other drugs, to decrease the oversupply of licit and illicit opioids and to support recovery from addiction to be performed by qualified providers as is further set forth in Exhibit A and Paragraph B(3)”) and B.3 (“All Net Opioid Funds, regardless of allocation, shall be used in a manner consistent with the Approved Purposes definition”). ↑

6. MOU Exhibit A Schedule A (“Core Strategies” generally) and Exhibit A Sec. I(1) (“Funding for law enforcement efforts to curtail the sale, distribution, promotion or use of opioids and other drugs to reduce the oversupply of licit and illicit opioids, including regional jail fees”). Compare the national settlement agreements’ Exhibit E, Schedule A Sec. H(1) (“Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD treatment, access to sterile syringes and linkage to care and treatment of infectious diseases”). ↑

7. MOU B.3 (“The LG Share may be used as restitution for past expenditures so long as the past expenditures were made for purposes that would have qualified or were consistent with the categories of Approved Purposes listed in Exhibit A. 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 detailing and explaining its use of the funds for restitution. Moreover, up to one-half of the LG Share may be used to provide restitution for monies that were previously expended on opioid abatement activities, including law enforcement and regional jail fees”). See, e.g., Toni Milbourne. Jefferson Co. Commission takes first public look at potential opioid settlement dollars spending. The Journal. April 16, 2024. Accessed September 2, 2024 (“Attorney Stephen Skinner also told commissioners that the memorandum of understanding they signed allows the [Jefferson County] commission to use the funds to ‘reimburse’ themselves for past payments of Eastern Regional Jail fees. The explanation given for that use of the funds was that perhaps the county had to forgo given projects, because it had to pay required jail fees”). ↑

8. MOU B.2-3 (requiring local governments to spend their shares on approved purposes, decide their own intra-county allocations, decide reimbursement uses of funds, and otherwise providing for localities’ ability to autonomously spend their shares). See also Attorney General Morrisey, Auditor’s Office, Partner to Ensure Opioid Settlement Money Used Accordingly. Attorney General press release. December 21, 2023. Accessed September 2, 2024 (“Local governments have broad discretion to decide which approved uses are best to spend their share of the settlement money. See, e.g., Eric Aryes. Wheeling Leaders Discuss Use of Opioid Settlement Funds. The Intelligencer Wheeling News-Register. May 17, 2024. Accessed September 2, 2024 (“’The state of West Virginia received an opioid settlement of just under $1 billion, of which 22% was distributed to local cities and counties, for use a determined by the county commission – or in this case – city council,’ Wheeling City Manager Robert Herron said”). ↑

9. W. Va. Code Sec. 5-31-5(b) and MOU C.13. ↑

10. W. Va. Code Sec. 5-31-5(b) and MOU C.14. ↑

Where do these monies live?

The West Virginia First Foundation is a non-profit organization created to hold 72.5% of the state’s opioid settlement funds.[1] The Foundation’s share is subdivided as follows:

• 80% Board share (58% of total funds statewide). Most of the Foundation share is disbursed by the Foundation’s Board of Directors.[2]

• 20% regional share (14.5% of total funds statewide). During the first seven years of the Foundation’s funding (through approximately 2030),[3] 20% of its annual budget will be spent on West Virginia’s six regions and disbursed using fixed Regional Share Calculations.[4]

What can this share be spent on?

In general, and with limited exceptions,[5] the Foundation’s share must be spent on the approved purposes described in Exhibit A of West Virginia’s MOU,[6] which mirrors much of the national settlement agreements’ Exhibit E but differs from it in key respects, including but not limited to its omission of syringe service programs from its “Core Strategies” list and the inclusion of an extra law enforcement category of funding to curtail the oversupply of “licit and illicit opioids.”[7]

In addition to the Foundation’s mandatory regional allocations for its first seven years of funding,[8] it may also spend its share on “statewide programs, innovation, research, and education.”[9]

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

West Virginia First Foundation Board of Directors and regions decide, panels guide. The West Virginia First Foundation is governed by its Board of Directors,[10] and the Board is responsible for establishing procedures to disburse the Foundation’s 72.5% share of funds.[11] A Board-appointed Expert Panel is responsible for assisting the Board with its decision-making and advising the state’s six regions on spending settlement funds.[12]

• 80% Board share: Board decides. The Board will ultimately decide specific expenditures of its non-regional, Board-controlled share, which is disbursed by the Board “based on an evidence-based evaluation of need after consultation with the Expert Panel.”[13] The Foundation will distribute at least part of this share via a competitive grantmaking process.[14]

• 20% regional share: Regions decide. Regions are required to create governance structures to ensure that local governments “have input and equitable representation regarding regional decisions including representation on the board and selection of projects to be funded” from their regional shares.[15]

  • Regional Panels. The Foundation’s Expert Panel Policy requires the creation of 6 Regional Panels,[16] who are each responsible for assessing and communicating regional needs to the Foundation’s Expert Panel,[17] as well as “review[ing] all grant applications originating from their Region and submit[ting] their findings and recommendations to the [Expert] Panel.”[18] The Expert Panel reviews the input from the Regional Panels to determine funding recommendations that are submitted to the Foundation Board.[19]

Recommendations submitted by the Expert Panel and Regional Panels are not binding on the Board’s decision-making.[20]

Are supplantation uses prohibited for this share?

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

Can I see how this share has been spent?

Eventually (public reporting required). Expenditures from this share will likely be published on the Foundation’s website. State law and the MOU require the West Virginia First Foundation to publish an annual report detailing expenditures from this share.[21]

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. West Virginia First Memorandum of Understanding (MOU) B.2(b)(ii) (“The Foundation will receive 72.5% of the Net Opioid Funds (‘Foundation Share’)”). W Va. Code Sec. 5-31-2 (“‘Foundation’ means the West Virginia First Foundation created under the memorandum of understanding”) and Sec. 5-31-3 (state law recognizing the West Virginia First Foundation, and stipulating that it will have “a governing board, an expert panel, and other additional and regional entities necessary for the purpose of receiving and disbursing opioid funds and other purposes set forth in the order and the memorandum of understanding”). Articles of Incorporation of West Virginia First Foundation, Art. V (“The Corporation is organized as a non-profit”). ↑

2. MOU C.11(d) (“After the Regional Shares are distributed as set forth in Section 11(c), the Disbursement of Funds from the Foundation Share approved for disbursement by the Board for Approved Purposes shall be disbursed based on an evidence-based evaluation of need after consultation with the Expert Panel. The Parties do not intend to require any specific regional allocation of the Foundation Share other than those distributed pursuant to Paragraph 11(c)”). ↑

3. The Foundation’s Articles of Incorporation were filed on May 18, 2023. ↑

4. MOU C.11(c) (“The Foundation shall spend 20% of its annual budget in the six regions during the Foundation's first seven years of funding to be divided according to each Region's fixed Regional Share Calculation. After seven years, all regional spending will be as set forth in Section 11(d)”). See also MOU A.7 (providing that Regional Share Calculations are made by combining local government’s individual shares in Exhibit C for all of the subdivisions in each county listed in Exhibit B) and MOU A.15 (defining “regions” as “the division of the Local Governments into six (6) separate areas as set forth in Exhibit B”). But see Notice of Questions and Responses Regarding RFPs, Q. II.4. West Virginia First Foundation (Foundation). January 19, 2024. Accessed September 1, 2024 (“Under the MOU, the Foundation has certain mandatory distributions to the regions for the first seven years. The Foundation anticipates that there will be additional distributions and expenditures from the Foundation to the regions based upon the various grant applications, evaluations, and approvals”). ↑

5. MOU A.8 (defining “Net Opioid Funds” to exclude “Opioid Seed Fund payment”), MOU A.17 (providing that the seed funds “are available for use in proper creation and documentation of the West Virginia Opioid Foundation and to fund their start-up work, and subsequent operation”), and MOU B.2(a) (“Subject to relevant approvals, the State shall pay into the West Virginia Seed Fund the $10,000,000 received from McKinsey & Company as a result of the February 3, 2021, consent judgment with the State”) and MOU D (“Payment of all Attorneys' Fees and Litigation Expenses shall be awarded consistent with the orders of the Court and upon recommendation of Judge Christopher Wilkes (WVMLP Special Master). Such award shall be final and non-appealable”), Articles of Incorporation of West Virginia First Foundation, Art. IX.A (describing Foundation’s power to “pay reasonable compensation for services rendered”). See also Articles of Incorporation of West Virginia First Foundation, Art. X.G (“The Board may provide Directors with reasonable allowance for expenses actually incurred in connection with their duties”) and Art. XIII (describing Foundation’s ability to purchase insurance “on behalf of the Directors or officers of the Corporation”). ↑

6. MOU A.1 (defining “Approved Purpose(s)” to mean “evidence-based strategies, programming and/or services used to expand the availability of treatment for individuals affected by substance use disorders and/or addiction, to develop, promote and provide evidence-based substance use prevention strategies, to provide substance use avoidance and awareness education, to engage in enforcement to curtail the sale, distribution, promotion or use of opioids and other drugs, to decrease the oversupply of licit and illicit opioids and to support recovery from addiction to be performed by qualified providers as is further set forth in Exhibit A and Paragraph B(3)”), MOU B.3 (“All Net Opioid Funds, regardless of allocation, shall be used in a manner consistent with the Approved Purposes definition”), and MOU C.10 (“All expenditures [from the Foundation Share] must be consistent with the categories of Approved Purposes as set forth in Exhibit A hereto”). See also MOU C.11(c) (“Regions may, after consulting with the Expert Panel, expend the sums received under this Section 11(c) for any Approved Purposes”). ↑

7. MOU Exhibit A Schedule A (“Core Strategies” generally) and Exhibit A Sec. I(1) (“Funding for law enforcement efforts to curtail the sale, distribution, promotion or use of opioids and other drugs to reduce the oversupply of licit and illicit opioids, including regional jail fees”). Compare with the national settlement agreements’ Exhibit E, Schedule A Sec. H(1) (“Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD treatment, access to sterile syringes and linkage to care and treatment of infectious diseases”). ↑

8. MOU C.11(c) (“The Foundation shall spend 20% of its annual budget in the six regions during the Foundation's first seven years of funding to be divided according to each Region's fixed Regional Share Calculation. After seven years, all regional spending will be as set forth in Section 11 (d)). ↑

9. MOU C.11(b). ↑

10. See generally W. Va. Code Secs. 5-31-3 and 5-31-4, MOU C.1 (governing board), and MOU C.5 (referring to board members as the Foundation’s fiduciaries). See also Articles of Incorporation of West Virginia First Foundation, Art. X.A (“The affairs of the Corporation shall by managed by and under the authority of the Board of Directors”). ↑

11. MOU C.11(a) (“The Foundation Board shall develop and approve procedures for the disbursement of Opioid Funds of the Foundation consistent with this Memorandum of Understanding”). ↑

12. MOU C.9 (“The Board shall appoint the Expert Panel. The Expert Panel should include experts in the fields of substance abuse treatment, mental health, law enforcement, pharmacology, finance, and healthcare policy and management. 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”), MOU C.11(f) (“The [Board’s] proposed procedures shall set forth the role of the Expert Panel in advising the Regions and the Board concerning disbursements of Opioid Funds of the Foundation as set forth in this MOU”). See also Emily Rice. Foundation Director Challenges Opioid Settlement Board To Distribute Funds Before 2025 (“The board appointed members of its Statewide Expert Panel, as required by the legislature, at its monthly meeting Thursday Aug. 1”). West Virginia Public Broadcasting. August 2, 2024. Accessed September 1, 2024; Steven Allen Adams. West Virginia First Foundation introduces expert panel (describing Foundation’s expert panel has having been “officially introduced to the public [on September 17, 2024]”). News and Sentinel. September 18, 2024. Accessed September 1, 2024. ↑

13. MOU C.11(d) (“After the Regional Shares are distributed as set forth in Section 11 (c), the Disbursement of Funds from the Foundation Share approved for disbursement by the Board for Approved Purposes shall be disbursed based on an evidence-based evaluation of need after consultation with the Expert Panel”). ↑

14. West Virginia First Foundation Grants and Requests for Proposals. West Virginia First Foundation website. Accessed September 1, 2024. See also Articles of Incorporation of the West Virginia First Foundation, Art. VIII.D (“the purposes of the Corporation are … To fund the programs and services described in Section 1.5(b)(i) above by disbursing through a competitive grant process funds to private organizations and government agencies engaged in such program”). ↑

15. MOU C.2 (“Each Region shall create their own governance structure, ensuring that all Local Governments have input and equitable representation regarding regional decisions including representation on the board and selection of projects to be funded from the Regional Share Calculation”). ↑

16. Expert Panel Policy I.C. West Virginia First Foundation. Accessed September 1, 2024. ↑

17. Expert Panel Policy III.D-E. West Virginia First Foundation. Accessed September 1, 2024. ↑

18. Expert Panel Policy III.G. West Virginia First Foundation. Accessed September 1, 2024. ↑

19. Expert Panel Policy IV.F. West Virginia First Foundation. Accessed September 1, 2024. ↑

20. Expert Panel Policy III.I and IV.H. West Virginia First Foundation. Accessed September 1, 2024. ↑

21. W. Va. Code Sec. 5-31-5(b) and MOU C.14. ↑

Can I provide input on spending?

• 72.5% West Virginia First Foundation share: Not… yet? (required) The Foundation’s Public Access Policy requires its Board of Directors to provide an opportunity for public comments and questions at each of its regular quarterly meetings, with each speaker being given no more than 5 minutes.[1] However, as of September 1, 2024, the Foundation’s Board meetings have not yet included any dedicated public comment periods.[2] Upcoming meeting dates of the Board and information to attend virtually are available on the Foundation’s website.

  • Regional expert panels. Expert panels, established to provide input and recommendations on spending and review grant proposals from their designated region, are also required to “engage with the public of their Region quarterly to identify concerns and funding priorities.”[3]

• 24.5% 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.[4] 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. Visit the West Virginia First Foundation’s “Requests for Proposals” webpage to view current opportunities for grants from the 72.5% Foundation Share. 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 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 Foundation share, visit the West Virginia First Foundation’s website, which includes meeting minutes, a list of current Board members, and links to policies that govern its activities.

• To find updates on the local share, a good starting point is to check the websites for your county commission, city council, or local health department. See, e.g., the opioid settlement-specific websites maintained by Clarksburg, Harrison County, Kanawha County.

• You can also check for updates on Community Education Group’s Appalachian Opioid Remediation (AOR) Database, which tracks information about the 13 states of Appalachia.

What else should I know?

The Foundation’s website includes a general contact form.

Citations

1. Public Access Policy Sec. 1.6. West Virginia First Foundation, Inc. Feb. 2, 2024. ↑

2. See, e.g., West Virginia First Foundation Board of Director Meeting Minutes for August 1, 2024. Accessed September 1, 2024. ↑

3. Expert Panel Policy Sec. III(C). West Virginia First Foundation, Inc. Accessed September 1, 2024. These “identified needs” are “vetted by the Regional Panel and … submitted to the State Panel.” Id. Regional Panels also must “conduct a needs assessment in their Region every fiscal year to aid the

   Board in formulating the annual budgeted amount of disbursements,” Expert Panel Policy Sec. III(D), and “convey Regional needs to the State Panel,” Expert Panel Policy Sec. III(E). ↑

4. See, e.g., The Collective Power of Community: Clarksburg’s Community Conversation. City of Clarksburg News and Information page. August 9, 2024. Accessed September 1, 2024. ↑

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

• 72.5% West Virginia First Foundation share: West Virginia First Foundation Board of Directors and regions decide

• 24.5% local share: local officials for counties, cities, towns, and villages

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

1. 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”). ↑

2. 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. ↑

3. Expert Panel Policy Sec. IV(C). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

4. Expert Panel Policy Sec. IV(D). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

5. Expert Panel Policy Sec. IV(D). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

6. Expert Panel Policy Sec. IV(E). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

7. Expert Panel Policy Sec. IV(F). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

8. Expert Panel Policy Sec. IV(G). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

9. 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”). ↑

10. Expert Panel Policy Sec. III(D). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

11. Expert Panel Policy Sec. III(F). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

12. Expert Panel Policy Sec. III(G). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

13. Expert Panel Policy Secs. I(B), III(A), IV(A). West Virginia First Foundation, Inc. Accessed June 3, 2024 ↑

14. Expert Panel Policy Sec. II(E)(1)-(11). West Virginia First Foundation, Inc. Accessed July 15, 2024. ↑

15. Expert Panel Policy Sec. II(E)(4). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

16. Expert Panel Policy Secs. I(B), III(A), IV(A). West Virginia First Foundation, Inc. Accessed July 15, 2024. ↑

17. Expert Panel Policy Sec. III(B). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

18. 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. ↑

19. Expert Panel Policy Sec. II(B). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

20. Expert Panel Policy Sec. II(C). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

21. Expert Panel Policy Sec. II(D). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

22. Expert Panel Policy Sec. II(E)(1)-(11). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

23. 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. ↑

24. Expert Panel Policy Sec. II(G). West Virginia First Foundation, Inc. Accessed June 3, 2024. ↑

25. MOU Sec. C.9. Accessed September 1, 2024; Bylaws Sec. 6.13. Oct. 21, 2023. ↑

26. Expert Panel Policy Sec. I(B). West Virginia First Foundation, Inc. Accessed June 3, 2024 ↑

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

West Virginia First Foundation

• About the Foundation

• Notice of Questions and Responses Regarding RFPs (January 19, 2024)

• Contact us

West Virginia Attorney General

• County and Municipal Guidance Regarding Accounting for Opioid Settlement Funds

• Letter to cities and counties (December 20, 2023)

Community Education Group

• Appalachian Opioid Remediation (AOR) Database

• West Virginia: Allocation of Funds