**The Idaho Behavioral Health Council has put out a Request for Public Feedback on the appropriate use of opioid settlement funds allocated to the State for consideration at the Council’s July 2022 meeting. Feedback must be received by June 1, 2022 at IBHC@dhw.idaho.gov. More information can be found at https://behavioralhealthcouncil.idaho.gov/.**
The Attorney General of the State of Idaho has joined nationwide settlements resolving opioid-related claims with Johnson & Johnson and three major opioid distributers, AmerisourceBergen, Cardinal Health and McKesson. These settlements resolve legal claims by participating States and local governments stemming from actions that fueled the opioid-addiction crisis. All 44 Counties, 24 eligible Cities, and 7 Regional Health Districts have also agreed to participate in the settlements and will directly receive funds under the settlements. Certain Hospital, Fire, and School Districts have also agreed to participate in the settlements which has enabled Idaho to receive the maximum amount of funds available under the settlements.
Idaho and participating subdivisions will receive over 119 million dollars over 18 years. The State, participating cities and counties, and participating health districts entered into the Idaho Intrastate Allocation Agreement, which governs how opioid settlements funds allocated to Idaho will be split. The Agreement provides that 40% of funds will go to the State; 40% to participating cities and counties; and 20% to participating health districts. All of the opioid settlement funds must be used for approved opioid remediation programs. Opioid settlement funds allocated to the State will be deposited into the State-Directed Opioid Settlement Fund, created by Idaho Code § 57-825. Funds from the State Directed Opioid Settlement Fund will be appropriated by the Idaho Legislator to fund approved opioid remediation programs based on recommendations made by the Idaho Behavioral Health Council. Information about the Idaho Behavior Health Council is available at https://behavioralhealthcouncil.idaho.gov/.
This webpage will be updated periodically to provide current information on the status of the settlement agreements, participation by local governments, and payments made under the agreements
|Ada County, Idaho||Idaho County, Idaho|
|Adams County, Idaho||Idaho Falls City, Idaho|
|Ammon City, Idaho||Jefferson County, Idaho|
|Bannock County, Idaho||Jerome City, Idaho|
|Bear Lake County, Idaho||Jerome County, Idaho|
|Benewah County, Idaho||Kootenai County, Idaho|
|Bingham County, Idaho||Kuna City, Idaho|
|Blackfoot City, Idaho||Latah County, Idaho|
|Blaine County, Idaho||Lemhi County, Idaho|
|Boise City, Idaho||Lewis County, Idaho|
|Boise County, Idaho||Lewiston City, Idaho|
|Bonner County, Idaho||Lincoln County, Idaho|
|Bonneville County, Idaho||Madison County, Idaho|
|Boundary County, Idaho||Meridian City, Idaho|
|Burley City, Idaho||Minidoka County, Idaho|
|Butte County, Idaho||Moscow City, Idaho|
|Caldwell City, Idaho||Mountain Home City, Idaho|
|Camas County, Idaho||Nampa City, Idaho|
|Canyon County, Idaho||Nez Perce County, Idaho|
|Caribou County, Idaho||Oneida County, Idaho|
|Cassia County, Idaho||Owyhee County, Idaho|
|Chubbuck City, Idaho||Payette County, Idaho|
|Clark County, Idaho||Pocatello City, Idaho|
|Clearwater County, Idaho||Post Falls City, Idaho|
|Coeur D’Alene City, Idaho||Power County, Idaho|
|Custer County, Idaho||Preston City, Idaho|
|Eagle City, Idaho||Rexburg City, Idaho|
|Elmore County, Idaho||Shoshone County, Idaho|
|Franklin County, Idaho||Star City, Idaho|
|Fremont County, Idaho||Teton County, Idaho|
|Garden City, Idaho||Twin Falls City, Idaho|
|Gem County, Idaho||Twin Falls County, Idaho|
|Gooding County, Idaho||Valley County, Idaho|
|Hayden City, Idaho||Washington County, Idaho|
As of November 30, 2021, the Idaho Opioid Settlement Intrastate Allocation Agreement has become effective. This Allocation Agreement now governs how settlement funds from the Nationwide Settlements and the Purdue and Mallinckrodt Bankruptcies will be allocated. Eligible Local Governments who have not signed on yet still can sign-on to the Allocation Agreement by executing the sign-on form below and emailing it to email@example.com. Now that the Agreement is effective, a Local Government must sign on to the agreement to be eligible to receive opioid settlement funds.
On or around September 24, 2021, eligible local governments will receive a nationwide notice that includes a unique registration code. Local Governments who wish to participate should go to https://settlement-registration.web.app/ and use that unique registration code to register to receive participation forms to participate in the settlements. Local Governments who wish to participate will also need to provide an email for the individual who will be authorized to sign on behalf of the local government. An example of the nationwide notice is included below.
If you do not receive a notice or are unable to locate your unique registration code please contact the Consumer Protection Division of the Idaho Attorney General’s Office for assistance.
|ADA COUNTY||IDAHO COUNTY|
|ADAMS COUNTY||Idaho Falls city|
|Ammon city||JEFFERSON COUNTY|
|BANNOCK COUNTY||Jerome City|
|BEAR LAKE COUNTY||JEROME COUNTY|
|BENEWAH COUNTY||KOOTENAI COUNTY|
|BINGHAM COUNTY||Kuna city|
|Blackfoot city||LATAH COUNTY|
|BLAINE COUNTY||LEMHI COUNTY|
|Boise City city||LEWIS COUNTY|
|BOISE COUNTY||Lewiston city|
|BONNER COUNTY||LINCOLN COUNTY|
|BONNEVILLE COUNTY||MADISON COUNTY|
|BOUNDARY COUNTY||Meridian city|
|Burley city||MINIDOKA COUNTY|
|BUTTE COUNTY||Moscow city|
|Caldwell city||Mountain Home city|
|CAMAS COUNTY||Nampa city|
|CANYON COUNTY||NEZ PERCE COUNTY|
|CARIBOU COUNTY||ONEIDA COUNTY|
|CASSIA COUNTY||OWYHEE COUNTY|
|Chubbuck city||PAYETTE COUNTY|
|CLARK COUNTY||Pocatello city|
|CLEARWATER COUNTY||Post Falls city|
|Coeur d’Alene city||POWER COUNTY|
|CUSTER COUNTY||Preston city|
|Eagle city||Rexburg city|
|ELMORE COUNTY||SHOSHONE COUNTY|
|FRANKLIN COUNTY||Star city|
|FREMONT COUNTY||TETON COUNTY|
|Garden City city||Twin Falls city|
|GEM COUNTY||TWIN FALLS COUNTY|
|GOODING COUNTY||VALLEY COUNTY|
|Hayden city||WASHINGTON COUNTY|
|Blackfoot Snake River Fire District||Minidoka County Fire|
|Boise School District||Moscow Fire|
|Bonneville County Fire Protection District #1||N Ada County Fire & Rescue|
|Caldwell Rural Fire||N. Bannock Fire|
|Central Fire Protection District||Nampa Fire Protection District|
|Eagle Fire||North Cassia Fire|
|Gem County Fire Prot. #1||Northern Lakes Fire Protection|
|Kootenai County Fire & Rescue||Shelley Firth Fire|
|Kootenai Health||Star Fire|
|Kuna Rural Fire||Twin Falls Rural Fire|
|Madison County Fire||West Ada School District|
|Meridian Rural Fire Protection District||Whitney Fire|
What are these Settlement Agreements About?
In Idaho, opioid overdose deaths have risen dramatically in recent years and both the State and local governments have expended significant funds fighting the opioid crisis. States and local governments across the country have spent the last several years investigating and litigating against many companies to hold those responsible accountable and to change the pharmaceutical industry for the better.
A broad coalition of states and local governments have reached final settlement agreements with four of those companies, Johnson & Johnson, and three distributors: AmerisourceBergen, Cardinal Health and McKesson. These settlement agreements would resolve legal claims by participating States and local governments stemming from actions that fueled the opioid addiction epidemic.
How Much Money is Available for the State and Local Governments?
The agreements provide for payments totaling $26 billion, with a total maximum amount of $119,896,000 available for the State of Idaho and participating local governments. Johnson & Johnson will make payments over 9 years. The three distributors will make payments over 17 years. The State and local governments must use the funding to support approved strategies for fighting the opioid crisis. A certain portion of the funding may also be used to compensate attorneys who have pursued the opioid litigation on behalf of the State and local governments.
The total amount of funding that Idaho and local governments may receive depends on how many eligible local governments participate in the settlement. The State and local governments can secure the maximum payment by fully resolving all of the pending and potential opioid-related claims by public entities within the State. In short, the more local governments that participate, the more funds available for everyone.
Does the Settlement Agreement Provide for Changes in Pharmaceutical Industry Practices?
Yes. The agreements provide for major changes in how prescriptions will be distributed and sold, including increased oversight, independent monitoring, and a national database funded by the distributors to help stop deliveries of opioids to pharmacies where diversion and misuse are occurring. Johnson & Johnson will be prohibited from selling or promoting opioids.
Which Local Governments are Eligible to Participate?
Eligible local governments include: (1) all counties; (2) all general purpose local governments who currently have pending claims against Johnson & Johnson and the three distributors; and (3) all other cities with a population of 10,000 or greater. A list of the local governments in Idaho who are eligible to participate can be found above.
In order to obtain the maximum amount of funding, releases of claims will also need to be obtained by certain school districts, hospital districts, health districts and fire districts.
How Can Eligible Local Governments Participate?
Eligible Local Governments can participate by executing a Settlement Participation form, releasing all opioid-related claims against Johnson & Johnson, the three major distributors, and their subsidiaries, and agreeing to be subject to a Consent Order filed in Idaho state court resolving these claims.
What is the Deadline for Local Governments to Participate?
The initial participation deadline for local governments is January 26, 2022. Local governments may still join the settlement agreements after that date, but the payments the local government will be eligible to receive may be significantly reduced. Additionally, many of the incentive payments under the agreement require early participation by local governments and would be reduced if local governments delayed in joining the agreements.
How Will the Settlement Money Be Divided Between the State and Participating Local Governments?
The settlement provides a default that would divide the money allocated to the State of Idaho among three funds: 15% to participating local governments; 15% to the State; and 70% to a trust fund to be used for opioid remediation projects. The default agreement also provides for how the 15% of funds allocated to local governments will be split. The default percent assigned to each eligible local government is available at https://www.ag.idaho.gov/content/uploads/2021/09/Default-Allocation-of-Idaho-Local-Government-Funds-by-Local-Government.pdf.
The State and local governments have the option of entering into an agreement on how to allocate funds that differs from the default. The Attorney General supports the State and local governments working together to reach an agreement on how to allocate funds that provides the best result for the State, local governments, and the citizens of the State of Idaho.
What Happens if an Eligible Local Government Decides Not to Participate?
If an eligible local government decides not to participate it will not be entitled to receive any of the funds under the settlement agreement. The local government would retain any opioid-related claims against Johnson & Johnson and the three distributors that it would otherwise have unless those claims were barred by legislative or judicial action.
How Can I Learn More About the Settlement Agreements?
All local governments eligible to participate will also receive an additional notice with more information about the settlement agreements and how to participate on or around September 19, 2021.
Additional information about the settlements is also available at https://nationalopioidsettlement.com/
If you have further questions, you may also contact the Attorney General’s Office at:
Office of the Attorney General
Consumer Protection Division
Attention: Opioid Settlement
P.O. Box 83720
Boise, ID 83720-0010