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HomeMy WebLinkAboutAROR Admin of the Opioid Settlement fundsThe Cavalry: ARORP and the Administration of Opioid Settlement Funds In the Summer 2022 issue of County Lines, I wrote about the formation of the Arkansas Opioid Recovery Partnership (ARORP, www.arorp.ors) and the hiring of Kirk Lane as ARORP Director. Less than six months later, ARORP is bringing the cavalry to your communities, families, and opioid addicts. ARORP has come so far already that this edition of County Lines will also include an update from ARORP Director Lane and ARORP Deputy Director Tenesha Barnes, about ARORP programs and projects that are already making a difference. We are very excited to bring this wonderful news to you. With this article, I will outline and summarize the important components of the process under which ARORP receives funding proposals, reviews and analyzes proposals, and approves and funds proposals, to abate the opioid epidemic in Arkansas. We have invested significant brainpower and care to create a process that is both simple and evidence -driven; both thorough and efficient. In early September 2022, Arkansas cities and counties, through the Directors of the Arkansas Municipal League (AML) and Association of Arkansas Counties (AAC), approved distribution agreements that are incorporated as exhibits into the Arkansas Opioids Memorandum of Understanding (MOU). The MOU, executed in July 2021 by the Governor, Attorney General, AAC Director, and AML Director, includes an equal split of Arkansas settlement dollars among the state, counties, and cities-1/3 of every Arkansas dollar is allocated to the state, 1/3 of every Arkansas dollar is allocated to cities, and 1/3 of every Arkansas dollar is allocated to counties. The county and city distribution agreements govern the distribution and use of settlement funds designated for Arkansas counties and cities. Both the MOU and the distribution agreements are posted on the ARORP website along with other important legal documents: www.arorp.org/abo Through the county and city distribution agreements, the counties and cities created ARORP, and directed that their opioid settlement funds be disbursed by ARORP in a manner consistent with requirements and restrictions contained in opioid settlement agreements and court orders. It is extremely important to follow these requirements —most of the settlements include payment streams across many years, and failure to follow the requirements of the settlements could jeopardize future settlement payments. This is one reason we created a Qualified Settlement Fund (QSF) through an Arkansas court, to provide court supervision of the process and ensure the proper administration of the counties' and cities' settlement funds and opioid abatement program. But while the QSF court supervises the settlement funds and the QSF administrator manages the settlement funds, the administration of abatement funding is done by ARORP, as set forth in the county and city distribution agreements. The distribution agreements define the ARORP mission statement: "Evaluate proposals, make recommendations, and empower evidence -based programs and strategies to abate the Arkansas opioid epidemic, in a manner consistent with approved purposes as defined in the Arkansas Opioids MOU, settlement agreements, and court orders approving settlements and bankruptcies." Consistent with the MOU, the many settlement agreements and court orders, and the ARORP mission statement, nine principles guide the work of ARORP. Each guiding principle is thoughtful and important: 1. The Partnership seeks a shared framework for disbursing opioid abatement funds. Abatement efforts will be most effective if Arkansas governments unite and work cooperatively together, as they have in opioid litigation, on behalf of the people. 2. The Partnership should seek to use limited funds to supplement and expand existing public and private abatement efforts and funding, rather than supplanting or duplicating existing abatement efforts and funding. 3. The Partnership should fund public and private evidence -based projects, and funded projects should be evaluated for effectiveness moving forward, with ongoing funding contingent on demonstrated effectiveness as appropriate. 4. The Partnership should fund public and private programs and strategies that abate the opioid epidemic at the community and family levels. 5. The Partnership should support diversion from arrest/incarceration and should support access to peer support and treatment in correctional settings. 6. The Partnership should fund anti -stigma programs and involve communities in education and prevention efforts. 7. Priority should be given to evidence -based and evidence -informed prevention, treatment, recovery, or harm reduction programs, services, supports, and resources. 8. The Partnership should ensure diversity of representation and funding, including racial and geographic diversity, including people with lived experience, and including less populated and geographically isolated communities. 9. The Partnership will operate with all reasonable transparency. Additionally, eight guidelines inform individuals and organizations (including counties and cities) who submit proposals and seek funding to abate the opioid epidemic. Like the guiding principles for ARORP, each guideline for applicants is thoughtful and important: 1. A proposal submitted by any person or entity other than the Partnership Director shall include a letter or letters of support signed by the county judge of each county to be served by the proposal, and the mayor of each first-class city to be served by the proposal. It is the applicant's responsibility to obtain the necessary signatures of county and city support. 2. A proposal should demonstrate evidence -based strategies to abate the opioid epidemic in Arkansas, in a manner consistent with approved purposes as defined in the Arkansas Opioids MOU, settlement agreements, and court orders approving settlements and bankruptcies. 3. A proposal should address the guiding principles of the Partnership outlined above, with honest and candid analysis of strengths and weaknesses of the proposal considering the guiding principles. 4. A proposal should be designed to treat, prevent, and reduce opioid use disorder and the misuse of opioids or otherwise abate or remediate the opioid epidemic. Each proposal should discuss and demonstrate this nexus. 5. A proposal should include suggested data and benchmarks/milestones to assist with evaluation of the effectiveness of the proposal if approved. 6. A proposal should include a sustainment plan for continuation of the proposal after proposed funding from the Partnership. 7. The Partnership may require outcome -related data from any entity that receives abatement funds. 8. The Partnership may require a proposal to achieve benchmarks/milestones as a condition of ongoing funding. Project funding is not guaranteed and may be dependent on completion of deliverables and reporting. Noncompliance with state or federal law, noncompliance with guidelines, or noncompliance with project benchmarks/milestones, may result in funding termination. As noted in the guidelines, applicants must obtain signatures of support from county judges and mayors in areas to be served by abatement proposals. We included this requirement for you, especially county judges and mayors, who authorized the litigation brought by all Arkansas counties and cities. We recognize, as you do, that the opioid epidemic has spawned a variety of local problems in need of local solutions. We want you to have the opportunity to study and approve (or reject) proposals designed to serve your communities —because you are on the front lines, and you know your communities best. An applicant's failure to obtain your signature for a project in your county will prevent funding —so you have veto power over proposals designed to serve your area. And although your signature does not guarantee funding for a project, your signature carries great weight, because we want to pursue projects that you believe in, for your communities. When a project is approved and funded in your county, ARORP will notify you so you can promote and celebrate your local abatement efforts as you wish, and so that you have the knowledge to connect your citizens with resources that they need, in or near your community. We hope you are pleased to play this part in the process, and we thank you for your input and your service. The county and city distribution agreements call for the creation of the ARORP Advisory Board, to study proposals and make recommendations to the AAC Director, the AML Director, and the ARORP Director, regarding programs and strategies to abate the Arkansas opioid epidemic. AAC Director Chris Villines and AML Director Mark Hayes have empaneled an advisory board with 12 members, each bringing relevant experience and perspective, and a strong desire to serve our communities, families, and addicts, in response to the opioid epidemic (www.arorp.or /g our- teatn/). On November 4, 2022, the advisory board had its inaugural meeting. All twelve members of the board attended in -person, and it was glorious. Each board member introduced themselves and shared their background and experience that motivates them to serve on this board. After the board meeting, ARORP hosted a press conference to announce the formation of ARORP and the funding process described above, to introduce the ARORP Advisory Board, to unveil the ARORP website, and to explain the funding process to the public. Please read the ARORP update from Kirk Lane and Tenesha Barnes, to learn more about the many exciting programs and proposals that ARORP has studied, approved, and funded to date. Finally, the county and city distribution agreements provide that the counties and cities "desire the State as an equal 1/3 participant in the Partnership"just as the counties and cities desired to unite with the State from the beginning of the opioid litigation in 2018, and consistent with the unity reflected in the equal split in the Arkansas Opioids MOU. As stated plainly in the first ARORP principle: "Abatement efforts will be most effective if Arkansas governments unite and work cooperatively together, as they have in opioid litigation, on behalf of the people." With unity in mind, we were excited to hear from Arkansas Attorney General Tim Griffin at the meeting of the County Judges Association of Arkansas on February 9. Attorney General Griffin praised the great work of the counties and cities and ARORP, and he enthusiastically committed to cooperate and unify with the counties and cities on opioid abatement in Arkansas. This is wonderful news for Arkansas, and for your communities, families, and addicts. The cavalry has arrived and is grateful to serve!