It’s seeming less likely opioid settlement funds will help with drug epidemic

West Virginia is expected to receive about $1 billion in settlement money over the next few years, but there's no tracking how the money is spent in real time. (Getty Images)

The West Virginia First Foundation was formed to distribute funds the state will receive from multiple legal settlements with opioid manufacturers and distributors. The state is expected to receive about $1 billion in settlement money over the next few years.

The state will put $10 million — earned from the settlement with McKinsey & Company in 2021 — into a seed fund. The rest of the money, according to the First Foundation’s Memorandum of Understanding , will be divided between local governments (24.5%) and the First Foundation (72.5%). Three percent will go to the state to be held in escrow for expenses incurred related to opioid litigation.

There already have been issues with the foundation that was formed just last summer, including  a lack a diversity in the six elected members and a lack of recovery experience among Gov. Jim Justice’s appointed members .

There were also concerns that the executive director will be taking home a $230,000 salary .

The foundation has yet to give out any money, but is working with the state auditor’s office to launch a tracking system that will let people know who it gives the money to.

The problem is, once the foundation gives that money to an entity, it’s no longer tracked. Basically, the tracker will say the First Foundation gave X amount of dollars to a person or organization, but it doesn’t seem there will be any mechanism to follow up on what that money is used for. While there are some reporting requirements included for those receiving money in the organization’s founding documents, it’s difficult to know how exactly that will play out, and it likely won’t be reported in real time. There also won’t be any statewide tool to track where municipalities and counties are spending their money.

And that’s concerning because of how some municipalities — which are receiving separate pools of money — are choosing to spend those funds. Jackson County, for example, is spending $566,000 on a law enforcement training center with a shooting range.

Wheeling City Council was set to vote on using its money to buy two off-road utility vehicles for the Wheeling Police Department. However, members of the community showed up and asked the council to consider giving some of the money to people on the frontlines treating addiction and recovery. The proposal was then amended to purchase only one UTV instead of two, which then passed.

In April, Dr. Matthew Christiansen, the vice chair of the First Foundation’s board and director of the Office of Drug Control Policy, said he would like to see the board be “driven by outcomes” and prioritize giving money to organizations and programs that use strategies proven to have the greatest impact for communities.

Some municipalities have discussed using their money to pay jail bills , which is an approved use, but doesn’t directly help people with substance use disorder.

In Clay County, people worry that the foundation will invest in virtual services which won’t work in counties that don’t have broadband access.

There’s legislative hurdles too.

Evidence-based approaches, like harm reduction programs that experts support, have been targeted by West Virginia lawmakers.

Syringe services reduce the spread of HIV and the presence of discarded needles by giving the option of a safe way to dispose of used syringes, according to the Centers for Disease Control and Prevention .

State laws have made it burdensome for such programs to get started — they must obtain a license from the state Office for Health Facility Licensure and Certification, they must attempt to get back a syringe for every one they distribute and a proof of West Virginia residency is required for distribution. Those obstacles are proven to reduce the efficacy of such programs, which operate best when they are low-barrier and needs-based.

Last summer, the Women’s Health Center of West Virginia tried to start a harm reduction program with a syringe exchange program, but Charleston City Council denied the request to support its application. The center planned to continue the program without the syringe exchange.

This past legislative session, lawmakers overwhelmingly passed a law to prohibit syringe service programs from distributing smoking materials , an option to decrease intravenous drug use.

As Robin Pollini, an infectious disease epidemiologist at West Virginia University who specializes in drug use, said in response to the legislation, there’s no health justification for these bans.

Much of the opposition to harm reduction is stigma — and how is that going to affect how the opioid settlement money is spent?

Will options that will actually help those experiencing addition get passed over because people view people who use drugs negatively? Will cities and counties just use the out that they can give the money to first responders and be done with it?

Without a tracking system those will be hard questions to answer. But even with our small staff we’re going to try. You can help. If there’s opioid settlement in your area and you’re concerned about how the money is being spent, reach out to us at info@westvirginiawatch.com.

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The post It’s seeming less likely opioid settlement funds will help with drug epidemic appeared first on West Virginia Watch .