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Opioid Settlement Fund Advisory Board

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Opioid Settlement Fund Advisory Board

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Understanding Opioid Settlement Agreements, Distribution and Use of Funds in New York State

New York State, through the Office of the Attorney General, receives funds from settlements with entities involved in manufacturing, distributing, and selling opioids. These funds are allocated to litigating entities which include New York State, counties, cities and other subdivisions.

These settlements include agreements that govern how this funding is distributed and used.  Each agreement sets forth distribution categories and the percentages of funding dedicated to each. This includes funds that flow to the Opioid Settlement Fund, which is governed by New York State Statute. OASAS is the lead state agency in overseeing the Opioid Settlement Fund (OSF).

The below charts set forth how these funds are distributed in two different ways. The first chart shows allocations based off the distribution categories in the National Settlement (Exhibit N). The second chart summarizes these funds based off how they are distributed. These charts are intended to provide a comprehensive view of how New York State allocates the opioid settlement funding.

 

The National Settlement

The National Agreement (Exhibit N) sets forth eight categories for restitution and abatement, which can be rolled up into four primary categories: Direct Share Allocation to Counties and Subdivisions, OSF Regional Abatements, OSF Discretionary State Abatement Share, and State Share.

Pie chart showing four primary categories for restitution and abatement: Direct Share Allocation to Counties and Subdivisions (46.1%), OSF Regional Abatements (16.4%), OSF Discretionary State Abatement Share (20%), and State Share (17.5%).

 

  1. Direct Share Allocation to Counties and Subdivisions (46.1%):
    • This is the largest portion, going directly to specific counties and subdivisions. This includes New York City (20%), Suffolk County (8.6%), Nassau County (6.7%), and all other NYS counties (10.8%). These funds are distributed directly to these entities. OASAS has no oversight of these funds.
  2. OSF Discretionary State Abatement Share for Public Projects (20%):
    • OASAS is the lead agency responsible for oversight of the Opioid Settlement Fund (OSF) which can be used for the administration of the OSF and for the “approved uses” as listed in Schedule C of the New York Opioid Settlement Sharing Agreement. The Opioid Settlement Fund Advisory Board (OSFAB) provides recommendations on how the funds could be used. Information is available below regarding the uses of the funding from the New York State Opioid Settlement Fund.
  3. State Share (17.5%):
    • This portion is allocated to the State for unrestricted purposes with a portion available to the New York State Attorney General for legal and enforcement actions related to the opioid settlements.
  4. OSF Regional Abatements (16.4%):
    • This portion also goes to the Opioid Settlement Fund (OSF) for “approved uses,” but is specifically designated for counties, the five large cities, and other litigating entities, excluding NYC and Nassau and Suffolk counties. 

Note: Each opioid settlement agreement may have slight variations from the National Agreement in the percentages across the categories.

 

The Distribution of Settlement Funds

Another way to understand the opioid settlement funding is in how the dollars are distributed or made available. Opioid settlement dollars are made available through two primary mechanisms: (1) they are provided directly to counties and subdivisions or (2) they are managed as part of the OSF.

More than half of the settlement funding (approximately 62%) is allocated to local governments either directly (46.5%) or through OSF regional abatements (15.5%). The remaining 38% is overseen by OASAS, and allocated according to the settlement agreements, OSFAB recommendations, and OASAS strategic priorities.

Pie chart showing more than half of settlement funding (approximately 62%) is allocated to local governments either directly (46.5%) or through OSF regional abatements (15.5%). The remaining 38% is overseen by OASAS.

 

Here's the breakdown of those three areas, from largest to smallest allocation:

  1. Direct Share Allocation to Counties and Subdivisions (46.5%):
    • This is the largest portion, going directly to specific counties and subdivisions. This includes New York City (20.2%), Suffolk County (7.4%), Nassau County (6.1%), and all other NYS counties (12.8%). OASAS has no oversight of these funds.
  2. OSF Discretionary State Abatement Share for Public Projects / State Share (38%):
    • This portion goes to the OSF, which is overseen by OASAS. This portion can only be spent on “approved uses,” which are listed in Schedule C. The Opioid Settlement Fund Advisory Board (OSFAB) provides recommendations on how the funds could be used. Information on the encumbrances from the New York State Opioid Settlement Fund are posted publicly and regularly updated on the OASAS OSF Tracker.
  3. OSF Regional Abatements (15.5%):
    • This portion of the Opioid Settlement Fund is designated for counties, the five large cities, and other litigating entities excluding NYC and Nassau and Suffolk counties. These funds are administered by OASAS and designated for “approved uses,” as described in Schedule C of the New York Opioid Settlement Sharing Agreement.

The data source for the above information is the Opioid Settlement Fund Projected Receipts by Source (PDF), September 2024.

 

Use of Opioid Settlement Fund

OASAS further details the use of the Opioid Settlement Fund through the OSF Tracker which includes tables with opioid settlement funds made available by priority areas and by date and initiative each state fiscal year. These tables include links to the procurement opportunities and awards made and includes information on the regional abatement portion of the OSF which goes directly to county local government units (LGUs) to address local need.

Charge

Created via Chapter 171 of the Laws of 2022 and pursuant to Mental Hygiene Law § 25.18, the Opioid Settlement Fund Advisory Board was established under the Office of Addiction Services and Supports to provide recommendations on how funding received by the Opioid Settlement Fund could be allocated.

Recommendations are required to be evidence-based and can consider federal, state, or local initiatives and activities that have shown to be effective in preventing and treating substance use disorders as well as maintaining recovery and assisting with the collateral effects of substance use disorders for individuals and their families or support system.

Members

  • Dr. Charles E. Argoff
  • Lawrence S. Brown, MD     
  • Anne Constantino
  • Raymond Ganoe      
  • Tracie Gardner   
  • Stephen Giordano, PhD  
  • Suzanne G. Lavigne     
  • Rebecca Linn-Walton, PhD, LCSW    
  • Ashley Livingston     
  • Stephanie Marquesano
  • Cheryll Moore
  • Johanne Morne
  • Debra Pantin
  • Carmen Rivera
  • Joyce Rivera  
  • Tisha M. Smith, EdD              
  • Justine Waldman, MD    
  • Blake Washington, Director, Division of the Budget (Peggy O’Shea, Designee)     
  • Kevin Watkins, MD  
  • Dr. Chinazo Cunningham, Commissioner, Office of Addiction Services and Supports
  • James V. McDonald, MD, MPH, Commissioner, Department of Health
  • Dr. Ann Marie Sullivan, Commissioner, Office of Mental Health

Reports

The Board provides their recommendations in a written report to the Governor, the temporary President of the Senate, the Speaker of the Assembly, the Chair of the Senate Finance Committee, the Chair of the Assembly Ways and Means Committee, and the Chairs of the Senate and Assembly Alcoholism and Substance Abuse Committees by November 1st each year.

Public Participation

The New York State Opioid Settlement Fund Advisory Board (Board) welcomes interested observers at its meetings. The meetings are open to the public in accordance with the Open Meeting Law. To make these meetings as productive as possible, however, the Board has established certain guidelines as it pertains to public participation. 

Meeting Guidelines

  1. Discussion and Public Presentations
    1. Board: Discussion during the meeting of the full Board is limited to Board members and staff. Public presentations will be limited to the time allotted on the agenda
    2. Presentations:
      1. Those who wish to participate shall identify themselves to a staff person prior to the meeting and indicate the agenda item they would like to support, oppose or comment on. Advance registration for public participation, whether in-person or via videoconferencing, may be required. Such advance registration requirements will be posted on the meeting notice.
      2. Except as otherwise provided in these Guidelines or at the discretion of the Chair, there will be a limit of three minutes for oral presentations. In the interest of having the meeting progress in a timely manner, one representative of an organization or facility shall be appointed as a spokesperson for that group. Also, it is requested that all members of the public, whether an individual or a representative of a group or facility, present only new views or ideas on an agenda item, rather than reiterate a thought or position similar to a previous presenter.
      3. Handouts are not permitted.
  2. Written Materials: Written materials relevant to the agenda of the Board must be sent, preferably by electronic transmission, to the Executive Secretary at least five business days prior to the meeting: Joelle Foskett, Director of Government Affairs, OASAS, 1450 Western Ave, Albany, NY 12203. The Executive Secretary will share communications with the Board Chair, who in turn will verbally summarize the material for the Board members. If the material is not submitted in advance, but is brought to a meeting, it will not be distributed but will instead be considered for a future meeting.
  3. Press Inquiries: All Press inquiries concerning Board or Department activities should be directed to the Executive Secretary.
  4. Observers will be accommodated within the physical limitations of the meeting room and in accordance with the number allowed by the building’s fire safety code.

Upcoming Meetings

May 22, 2025
1450 Western Avenue, Albany, NY 12203 10:30am-3:30pm
 
September 12, 2025
1450 Western Avenue, Albany, NY 12203 10:30am-3:30pm
 
October 16, 2025
1450 Western Avenue, Albany, NY 12203 10:30am-3:30pm

Past Meetings

2025 Meetings

February 27, 2025

Watch Meeting recording

 

2024 Meetings

October 28, 2024

 

October 8, 2024

 

September 24, 2024

 

September 13, 2024

 

July 10, 2024

 

May 17, 2024

 

February 26, 2024

 

2023 Meetings 

December 18, 2023

 

October 31, 2023

 

October 13, 2023

 

September 26, 2023

 

July 10, 2023

 

May 15, 2023

 

March 6, 2023

 

2022 Meetings

December 14, 2022

 

October 31, 2022 

 

October 19, 2022

Allocation Based on Votes

 

October 14, 2022 

 

September 30, 2022 

 

September 20, 2022

Watch Meeting

 

August 29, 2022 

 

August 3, 2022

 

July 18 to 19, 2022

 

June 28, 2022

 

June 14, 2022

Contact Opioid Settlement Fund Advisory Board

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