TITLE
Title
APPROVE SUPPLEMENTAL AGREEMENT FOR ADDITIONAL FUNDS FROM ADDITIONAL SETTLEMENTS OF OPIOID LITIGATION
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SPONSOR
Sponsor
Andrea Leslie-Fite, County Attorney
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BACKGROUND
Background
Opioid misuse and addiction have been a long-standing and devastating problem in Guilford County, in North Carolina, and throughout the US. It has torn apart countless families with the devastating impact of misuse and addiction; it has required the expenditure of millions of dollars of Guilford County resources and required countless hours of time and resources from the men and women who are on the front-line of trying to address this problem: our first responders, law enforcement, counselors, and health providers. This crisis shows little signs of slowing down and continues to be a destructive epidemic impacting all of Guilford County.
In addition to the $26 billion national settlements concerning the Big Three Distributors and Johnson & Johnson (“Wave One Settlements”), which, as of last year, began making payments out to communities across the county, there are five (5) additional proposed national settlements. The new settlement proposals concern CVS, Walgreens, Walmart, Teva, and Allergan (“Wave Two Settlements”). Similar to the process that occurred with respect to the Big Three and Johnson & Johnson settlements, these new proposed settlements have an opt-in procedure before they become effective. This will result in $21 billion in additional funding. North Carolina’s state and local governments stand to receive more than $600 million from the Wave Two Settlements over 15 years - in addition to the more than $750 million we have already received from the Wave One Settlements. North Carolina will receive its full share of payments from the Wave Two Settlements only if all eligible governments, including Guilford County, sign onto each settlement. Defendants will agree to finalize Wave Two Settlements only if the vast majority of local governments across the nation sign onto them.
Guilford County received an invitation to sign onto each of the five (5) new Wave Two Settlements as well as a supplement to the North Carolina Memorandum of Agreement (MOA) on the allocation, use, and reporting of funds from the Wave One settlements. The supplement to the MOA is called the Supplemental Agreement for Additional Funds from Additional Settlements of Opioid Litigation (“SAFF”). The SAFF provides that the bulk of North Carolina’s money from the Wave Two Settlements will go to counties and municipalities to address the opioid crisis. The SAAF extends the basis terms of the MOA governing Wave One Settlements to the Wave Two Settlements. Like the MOA, the SAAF has support from the North Carolina Association of County Commissioners (NCACC), the North Carolina League of Municipalities (NCLM), and the North Carolina Attorney General’s Office. Guilford County is projected to receive $17,401,853.30 over the next fifteen (15) years.
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BUDGET IMPACT
Budget Impact
NO ADDITIONAL COUNTY FUNDS REQUIRED
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REQUESTED ACTION
Requested Action
Adopt the attached Resolution approving the supplement to the MOA, called the Supplemental Agreement for Additional Funds from Additional Settlements of Opioid Litigation, (“SAFF”) between the State of North Carolina and various local governments, including Guilford County, relating to the settlement of the national opioid litigation, and authorize and direct staff to take such measures as are required to implement the terms of the SAFF and receive the settlement funds, including that any additional documents needing signatures as a result of allocation of opioid settlement funds coming to North Carolina local governments may be authorized and executed by Guilford County Manager and Attorney, without requiring additional Board approval.
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