Illinois qualifies for maximum funds in opioid settlements
Illinois Attorney General Kwame Raoul on Feb. 3 announced that more than 90 percent of eligible units of local government in the state have signed on to the $26 billion national opioid settlements.
Raoul said that will help Illinois to qualify to receive its maximum share of the historic settlement.
The attorney general’s office has also reached an agreement with units of local government to ensure the equitable distribution of the approximately $760 million Illinois could receive once the settlements are finalized.
In 2021, Raoul announced a $26 billion agreement with the nation’s three major pharmaceutical distributors – Cardinal, McKesson and AmerisourceBergen – and Johnson & Johnson.
In order to receive its entire portion of settlement proceeds, a state must either achieve 100 percent sign-on by local governments or take some other action to effect the release of all local governments’ claims, such as enacting a law preventing local governments from undertaking separate legal claims.
Beginning with state’s attorneys from Illinois’ largest units of local government (subdivisions) and later conducting outreach to state’s attorneys and municipalities throughout Illinois, the attorney general’s office has been able to produce a significant percentage of government subdivisions signing on to the settlements.
The approvals, along with a law enacted in Illinois, have resulted in Illinois now being eligible to receive its full settlement share.
Raoul’s office has also reached an Illinois Opioid Allocation Agreement with subdivisions to ensure the equitable distribution of settlement proceeds.
“We worked tirelessly with units of local government throughout the state to ensure that Illinois receives a maximum benefit from the $26 billion national opioid settlements when they are finalized,” Raoul said.
“Settlement money must be distributed equitably throughout Illinois to provide funding for critical recovery services. The Illinois Opioid Allocation Agreement is a step toward ensuring communities receive the resources needed to help abate the effects of the opioid crisis in our state.”
Under the terms of the settlements, states receive guaranteed base payments for signing on, but the base payment represents around half of the total money a state can receive.
States can only receive what equates to the other half of the total through “incentive” payments when all, or a significant portion of the state’s eligible subdivisions also sign on.
States may also enact a law stating that all government subdivisions are considered to have joined, or are prevented from undertaking separate legal claims.
To date, 93 out of Illinois’ 102 counties have signed on to the national settlements.
In addition, 102 out of 113 Illinois municipalities that are eligible to receive a direct distribution from the settlements have signed on.
In total, more than 290 Illinois subdivisions have joined the settlements.
The Illinois Opioid Allocation Agreement, negotiated by the attorney general’s office, will allocate the funds Illinois receives through the settlements, as well as any future settlements, to counties and municipalities throughout the state.
Illinois’ settlement money will also go to an Illinois Remediation Fund, which will receive recommendations from an advisory board to ensure equitable spending on abatement programs.
The advisory board will be established as a subcommittee of the state’s Opioid Overdose Prevention and Recovery Steering Committee.
At least half of the board’s voting members will be representatives of participating subdivisions, and the other half will be appointed by the state.
The advisory board’s recommendations will prioritize the equitable allocation of resources by evaluating factors including population, opioid usage rates, overdose deaths and the amount of opioids shipped into a region.
In 2020, drug-related overdose deaths nationwide rose to a record 93,000, a nearly 30 percent increase over the prior year, with opioid overdoses making up the bulk of those deaths.
According to the Illinois Department of Public Health, IDPH, while opioid-related fatalities in Illinois have been steadily increasing since 2013, the largest annual increase occurred in 2020.
In fact, more than 2,900 deaths, an average of eight deaths each day, were attributed to opioid overdoses during 2020, which represents an increase of more than 32 percent over 2019.
In addition, opioid overdoses have resulted in thousands of emergency room visits, hospital stays and immeasurable pain suffered by families and communities.
During 2020 alone, first responders were called to more than 19,400 opioid overdoses.
Raoul urges anyone who believes they or a loved one may be addicted to opioids to seek help by calling the Illinois Helpline for Opioids and Other Substances at 833-2FINDHELP, which operates 24 hours a day, seven days a week.