HomeMy WebLinkAbout6.f. Approving the of Agreement Authorizing Participating in National Opioid Settlements
City Council Meeting: April 18, 2023
EXEC U T I V E S U M M A R Y
AGENDA ITEM: Approval to Execute Opioid Settlement
Documents
AGENDA SECTION:
Consent
PREPARED BY: Logan Martin, City Administrator AGENDA NO. 6.f.
ATTACHMENTS: Resolution, Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve resolution approving the memorandum of
agreement between the State of Minnesota and local governments and authorizing
participation in national opioid settlements
BACKGROUND
In 2021, the Minnesota Attorney General’s Office announced that an agreement had been reached that will
govern how funds from recent settlements with opioid companies will be distributed in Minnesota. The city
then adopted a resolution authorizing a representative of the City to execute the Minnesota Opioids State-
Subdivision Memorandum of Agreement and related participation forms.
Since then, a new settlement with Teva, Allergan, CVS, Walgreens and Wal-Mart has been negotiated. The
terms in the agreement are nearly the same, with the exact amount of money allocated to the data from
Rosemount still undetermined. As a reminder, the funds will be directly provided to Dakota County for
utilization due to Rosemount’s current population (must be above 30,000 to receive funds directly). We are
working with our partners at the County to determine how the funds will be spent, and will continue to
ensure that Rosemount is able to achieve direct benefits / assistance via these funds.
RECOMMENDATION
Staff is recommending that the City Council approve the resolution to ensure that Rosemount can stay
involved and retain an option for opioid settlement distribution in Minnesota.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2023 - XX
A RESOLUTION AUTHORIZING ROSEMOUNT STAFF TO EXECUTE ALL NECESSARY
DOCUMENTS TO ENSURE ROSEMOUNT PARTICIPATION IN THE MULTISTATE
SETTLEMENTS RELATING TO OPIOID SUPPLY CHAIN PARTICIPANTS, AND IN THE
MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF AGREEMENT
WHEREAS, the State of Minnesota and numerous Minnesota cities and counties are engaged in
nationwide civil litigation against opioid supply chain participants related to the opioid crisis; and
WHEREAS, the Minnesota Attorney General has signed on to multistate settlement agreements
with several opioid supply chain participants, but those settlement agreements are still subject to
sign-on by local governments and final agreement by the companies and approval by the courts; and
WHEREAS, there is a deadline of April 18, 2023, for a sufficient threshold of Minnesota cities and
counties to sign on to the above-referenced multistate settlement agreements, and failure to timely
sign on may diminish the amount of funds received by not only that city or county but by all
Minnesota cities and counties from the settlement funds; and
WHEREAS, representatives of Minnesota’s local governments, the Office of the Attorney General,
and the State of Minnesota have reached agreement on the intrastate allocation of these settlement
funds between the State, and the counties and cities, as well as the permissible uses of these funds,
which will be memorialized in the Minnesota Opioids State-Subdivision Memorandum of
Agreement, as amended (the “State-Subdivision Agreement”); and
WHEREAS, the State-Subdivision Agreement creates an opportunity for local governments and
the State to work collaboratively on a unified vision to deliver a robust abatement and remediation
plan to address the opioid crisis in Minnesota;
NOW, THEREFORE, BE IT RESOLVED, Rosemount supports and agrees to the State-
Subdivision Agreement; and
BE IT FURTHER RESOLVED, Rosemount supports and opts in to all future multistate
settlement agreements with opioid supply chain participants; and
BE IT FURTHER RESOLVED, Rosemount authorizes city staff to execute all necessary
documents to ensure Rosemount participation in the multistate settlement agreements, including the
Participation Agreement and accompanying Release, and in the State-Subdivision Agreement.
______________________________
Jeffery D. Weisensel, Mayor
ATTEST:
_____________________________________
Erin Fasbender, City Clerk
New National Opioids Settlements: Teva, Allergan, CVS, Walgreens, and Walmart
Opioids Implementation Administrator
opioidsparticipation@rubris.com
Rosemount city, MN
Reference Number: CL-386858
TO LOCAL POLITICAL SUBDIVISIONS AND SPECIAL DISTRICTS:
THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW
NATIONAL OPIOID SETTLEMENTS. YOU MUST TAKE ACTION IN ORDER TO
PARTICIPATE.
If your subdivision is represented by an attorney with respect to opioid
claims, please contact your attorney.
Deadline: April 18, 2023
Five new proposed national opioid settlements (“New National Opioid Settlements ”)
have been reached with Teva, Allergan, CVS, Walgreens, and Walmart
(“Settling Defendants”). This Participation Package is a follow-up communication to
the Notice of National Opioid Settlements recently received electronically by your
subdivision or special district (“subdivision”).
You are receiving this Participation Package because Minnesota is participating in
the following settlements:
Teva
Allergan
CVS
Walgreens
Walmart
If a state does not participate in a particular Settlement, the subdivisions in that
state are not eligible to participate in that Settlement.
This electronic envelope contains:
Participation Forms for Teva, Allergan, CVS, Walgreens, and Walmart,
including a release of any claims.
Amended Minnesota Opioids State-Subdivision Memorandum of Agreement
(Amended MOA)
o Clean version for signature and a marked-up version showing
amendments.
Template Resolutions authorizing city or county staff to participate in the
settlements and execute the Amended MOA.
The Participation Form for each settlement must be executed, without
alteration, and submitted on or before April 18, 2023, in order for your
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subdivision to be considered for initial participation calculations and
payment eligibility.
The Amended MOA must also be executed and submitted as soon as
possible in order for your subdivision to be considered a “Participating
Local Government” under the Amended MOA.
Based upon subdivision participation forms received on or before April 18th,
the subdivision participation rate will be used to determine whether participation for
each deal is sufficient for the settlement to move forward and whether a state earns
its maximum potential payment under the settlement. If the settlement moves
forward, your release will become effective. If a settlement does not move forward,
that release will not become effective.
Any subdivision that does not participate cannot directly share in the settlement
funds, even if other participating subdivisions are sharing in settlement funds. Any
subdivision that does not participate will reduce the amount of money for programs
to remediate the opioid crisis in Minnesota. Please note, a subdivision will not
necessarily directly receive settlement funds by participating. T o promote efficiency
in the use of abatement funds and avoid administratively burdensome
disbursements that would be too small to add a meaningful abatement response,
certain smaller subdivisions do not automatically receive a direct allocation.
However, participation by such subdivisions will help maximize the amount of
abatement funds being paid to Minnesota, including those going to counties and
cities.
Pursuant to the attached Amended MOA, the following Minnesota subdivisions are
eligible to directly receive settlement funds:
All counties; and
All cities that:
o Have a population of more than 30,000 based on the United States
Census Bureau’s Vintage 2019 population totals,
o Have funded or otherwise managed an established health care or
treatment infrastructure (e.g., health department or similar agency),
or
o Have initiated litigation against the previously-settling Distributors
(McKesson, Cardinal Health, or AmerisourceBergen) or Janssen on or
before December 3, 2021
For subdivisions that fall outside the above eligibility thresholds, you must
participate if you wish to receive grants from settlement funds from the State or
other subdivisions in the future. Your participation will also increase the amount of
money coming to Minnesota for programs to remediate the crisis.
You are encouraged to discuss the terms and benefits of the New National Opioid
Settlements with your counsel, the Minnesota Attorney General’s Office, and other
contacts within Minnesota.
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Information and documents regarding the New National Opioid Settlements and
how they are being implemented in your state and how funds will be allocated
within your state allocation can be found on the national settlement website at
https://nationalopioidsettlement.com/. This website will be supplemented as
additional documents are created. The Minnesota Attorney General’s Office has
also set up a state-specific website, which may be found at
http://www.ag.state.mn.us/opioids/. This website includes Minnesota-specific
information regarding the opioid settlements, as well as Minnesota’s opioids
legislation, the Opioid Epidemic Response Advisory Council, and the Attorney
General’s opioid-related cases. Minnesota’s website will be supplemented as
additional documents are created.
How to return signed forms:
There are three methods for returning the executed Participation Forms and the
Amended MOA to the Implementation Administrator:
(1)Electronic Signature via DocuSign: Executing the Participation Forms and
Amended MOA electronically through DocuSign will return the signed forms
to the Implementation Administrator and associate your forms with your
subdivision’s records. Electronic signature is the most efficient method for
returning Participation Forms, allowing for more timely participation and the
potential to meet higher settlement payment thresholds, and is therefore
strongly encouraged.
(2)Manual Signature returned via DocuSign : DocuSign allows forms to be
downloaded, signed manually, then uploaded to DocuSign and returned
automatically to the Implementation Administrator. Please be sure to
complete all fields. As with electronic signature, returning manually signed
Participation Forms via DocuSign will associate your signed forms with your
subdivision’s records.
(3)Manual Signature returned via electronic mail : If your subdivision is unable to
return executed Participation Forms and the Amended MOA using DocuSign,
signed Participation Forms and the Amended MOA may be returned via
electronic mail to opioidsparticipation@rubris.com. Please include the name,
state, and reference ID of your subdivision in the body of the email and use
the subject line “Settlement Participation Forms – [Subdivision Name,
Subdivision State] – [Reference ID].”
Detailed instructions on how to sign and return the Participation Forms, including
changing the authorized signer, can be found at
https://nationalopioidsettlement.com . You may also contact
opioidsparticipation@rubris.com .
The sign-on period for subdivisions ends on April 18, 2023.
If you have any questions about executing these forms, please contact your counsel
or the Implementation Administrator at opioidsparticipation@rubris.com. If you
have questions for the Minnesota Attorney General’s Office, you can send an email
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to opioids@ag.state.mn.us. You can also call the Minnesota Attorney General’s
Office Opioid Issues phone line at (612) 429-7126 and leave a message regarding
any questions you have or any additional information you would like.
Thank you,
National Opioids Settlements Implementation Administrator
The Implementation Administrator is retained to provide the settlement notice
required by the respective settlement agreements referenced above and to manage
the collection of settlement participation forms for each settlement.
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AMENDED MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF
AGREEMENT
WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been
harmed by misconduct committed by certain entities that engage in or have engaged in the
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic;
WHEREAS, certain Minnesota counties and cities, through their counsel, and the State, through
its Attorney General, are separately engaged in ongoing investigations, litigation, and settlement
discussions seeking to hold opioid manufacturers and distributors accountable for the damage
caused by their misconduct;
WHEREAS, the State and Local Governments share a common desire to abate and alleviate the
impacts of the misconduct described above throughout Minnesota;
WHEREAS, while the State and Local Governments recognize the sums which may be
available from the aforementioned litigation will likely be insufficient to fully abate the public
health crisis caused by the opioid epidemic, they share a common interest in dedicating the most
resources possible to the abatement effort;
WHEREAS, the investigations and litigation with several companies have resulted in National
Settlement Agreements with those companies, which the State has already committed to join;
WHEREAS, Minnesota’s share of settlement funds from the National Settlement Agreements
will be maximized only if all Minnesota counties, and cities of a certain size, participate in the
settlements;
WHEREAS, the National Settlement Agreements will set a default allocation between each state
and its political subdivisions unless they enter into a state-specific agreement regarding the
distribution and use of settlement amounts;
WHEREAS, this Amended Memorandum of Agreement is intended to facilitate compliance by
the State and by the Local Governments with the terms of the National Settlement Agreements
and is intended to serve as a State-Subdivision Agreement under the National Settlement
Agreements;
WHEREAS, this Amended Memorandum of Agreement is also intended to serve as a State-
Subdivision Agreement under resolutions of claims concerning alleged misconduct in the
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic entered in
bankruptcy court that provide for payments (including payments through a trust) to both the State
and Minnesota counties and cities and allow for the allocation between a state and its political
subdivisions to be set through a state-specific agreement; and
WHEREAS, specifically, this Amended Memorandum of Agreement is intended to serve under
the Bankruptcy Resolutions concerning Purdue Pharma, Mallinckrodt, and Endo as a qualifying
Statewide Abatement Agreement.
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I.Definitions
As used in this MOA (including the preamble above):
“Approved Uses” shall mean forward-looking strategies, programming, and services to
abate the opioid epidemic that fall within the list of uses on Exhibit A. Consistent with
the terms of the National Settlement Agreements and Bankruptcy Resolutions,
“Approved Uses” shall include the reasonable administrative expenses associated with
overseeing and administering Opioid Settlement Funds. Reimbursement by the State or
Local Governments for past expenses are not Approved Uses.
“Backstop Fund” is defined in Section VI.B below.
“Bankruptcy Defendants” mean any Opioid Supply Chain Participants that have filed for
federal bankruptcy protection, including, but not limited to, Purdue Pharma L.P.,
Mallinckrodt plc, and Endo International plc.
“Bankruptcy Resolution(s)” means resolutions of claims concerning alleged misconduct
in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic
by the Bankruptcy Defendants entered in bankruptcy court that provide for payments
(including payments through a trust) to both the State and Minnesota counties and
municipalities and allow for the allocation between the state and its political subdivisions
to be set through a state-specific agreement.
“Counsel” is defined in Section VI.B below.
“County Area” shall mean a county in the State of Minnesota plus the Local
Governments, or portion of any Local Government, within that county.
“Governing Body” means (1) for a county, the county commissioners of the county, and
(2) for a municipality, the elected city council or the equivalent legislative body for the
municipality.
“Legislative Modification” is defined in Section II.C below.
“Litigating Local Governments” mean a Local Government that filed an opioid lawsuit(s)
on or before December 3, 2021, as defined in Section VI.B below.
“Local Abatement Funds” are defined in Section II.B below.
“Local Government” means all Minnesota political subdivisions within the geographic
boundaries of the state of Minnesota.
“MDL Matter” means the matter captioned In re National Prescription Opiate Litigation ,
MDL 2804, pending in the United States District Court for the Northern District of Ohio.
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“Memorandum of Agreement” or “MOA” means this agreement, the Amended
Minnesota Opioids State-Subdivision Memorandum of Agreement.
“National Settlement Agreements” means a national opioid settlement agreement with the
Parties and one or more Opioid Supply Chain Participants concerning alleged misconduct
in manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic,
which includes structural or payment provisions requiring or anticipating the participation
of both the State and its political subdivisions in the national opioid settlement agreement
and allows for the allocation of Opioid Settlement Funds between the State and its
political subdivisions to be set through a state-specific agreement.
“Opioid Settlement Funds” shall mean all funds allocated by the National Settlement
Agreements and any Bankruptcy Resolutions to the State and Local Governments for
purposes of opioid remediation activities or restitution, as well as any repayment of those
funds and any interest or investment earnings that may accrue as those funds are
temporarily held before being expended on opioid remediation strategies.
“Opioid Supply Chain Participants” means entities that engage in, have engaged in, or
have provided consultation services regarding the manufacture, marketing, promotion,
distribution, or dispensing of an opioid analgesic, including, but not limited to, Janssen,
AmerisourceBergen, Cardinal Health, McKesson, Teva Pharmaceuticals, Allergan plc,
CVS Health Corporation, Walgreens Boots Alliance, Inc., and Walmart Inc. “Opioid
Supply Chain Participants” also means all subsidiaries, affiliates, officers, directors,
employees, or agents of such entities.
“Parties” means the State and the Participating Local Governments.
“Participating Local Government” means a political subdivision within the geographic
boundaries of the State of Minnesota that has signed this Memorandum of Agreement
and has executed a release of claims by signing on to the National Settlement
Agreements. For the avoidance of doubt, a Local Government must sign this MOA to
become a “Participating Local Government.”
“Region” is defined in Section II.H below.
“State” means the State of Minnesota by and through its Attorney General, Keith Ellison.
“State Abatement Fund” is defined in Section II.B below.
II.Allocation of Settlement Proceeds
A.Method of distribution. Pursuant to the National Settlement Agreements and any Bankruptcy
Resolutions, Opioid Settlement Funds shall be distributed directly to the State and directly to
Participating Local Governments in such proportions and for such uses as set forth in this
MOA, provided Opioid Settlement Funds shall not be considered funds of
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the State or any Participating Local Government unless and until such time as each
distribution is made.
B.Overall allocation of funds. Opioid Settlement Funds will be initially allocated as follows:
(i) 25% directly to the State (“State Abatement Fund”), and (ii) 75% directly to
abatement funds established by Participating Local Governments (“Local Abatement
Funds”). This initial allocation is subject to modification by Sections II.F, II.G, and II.H,
below.
C.Statutory change .
1.The Parties agree to work together in good faith to propose and lobby for
legislation in the 2022 Minnesota legislative session to modify the distribution of
the State’s Opiate Epidemic Response Fund under Minnesota Statutes section
256.043, subd. 3(d), so that “50 percent of the remaining amount” is no longer
appropriated to county social services, as related to Opioid Settlement Funds that
are ultimately placed into the Minnesota Opiate Epidemic Response Fund
(“Legislative Modification”).1 Such efforts include, but are not limited to,
providing testimony and letters in support of the Legislative Modification.
2.It is the intent of the Parties that the Legislative Modification would affect only
the county share under section 256.043, subd. 3(d), and would not impact the
provision of funds to tribal social service agencies. Further, it is the intent of the
Parties that the Legislative Modification would relate only to disposition of
Opioid Settlement Funds and is not predicated on a change to the distribution of
the Board of Pharmacy fee revenue that is deposited into the Opiate Epidemic
Response Fund.
D.Bill Drafting Workgroup . The Parties will work together to convene a Bill Drafting
Workgroup to recommend draft legislation to achieve this Legislative Modification. The
Workgroup will meet as often as practicable in December 2021 and January 2022 until
recommended language is completed. Invitations to participate in the group shall be
extended to the League of Minnesota Cities, the Association of Minnesota Counties, the
Coalition of Greater Minnesota Cities, state agencies, the Governor’s Office, the Attorney
General’s Office, the Opioid Epidemic Response Advisory Council, the Revisor’s Office,
and Minnesota tribal representatives. The Workgroup will host meetings with Members
of the Minnesota House of Representatives and Minnesota Senate who have been
involved in this matter to assist in crafting a bill draft.
E.No payments until August 1, 2022 . The Parties agree to take all steps necessary to ensure
that any Opioid Settlement Funds ready for distribution directly to the State and
Participating Local Governments under the National Settlement Agreements or
1 It is the intent of the Parties that counties will continue to fund child protection services for
children and families who are affected by addiction, in compliance with the Approved Uses in
Exhibit A.
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Bankruptcy Resolutions are not actually distributed to the Parties until on or after August
1, 2022, in order to allow the Parties to pursue legislative change that would take effect
before the Opioid Settlement Funds are received by the Parties. Such steps may include,
but are not limited to, the Attorney General’s Office delaying its filing of Consent
Judgments in Minnesota state court memorializing the National Settlement Agreements.
This provision will cease to apply upon the effective date of the Legislative Modification
described above, if that date is prior to August 1, 2022.
F.Effect of no statutory change by August 1, 2022 . If the Legislative Modification
described above does not take effect by August 1, 2022, the allocation between the
Parties set forth in Section II.B shall be modified as follows: (i) 40% directly to the State
Abatement Fund, and (ii) 60% to Local Abatement Funds. The Parties further agree to
discuss potential amendment of this MOA if such legislation does not timely go into
effect in accordance with this paragraph.
G.Effect of later statutory change . If the Legislative Modification described above takes
effect after August 1, 2022, the allocation between the Parties will be modified as
follows:
(i) 25% directly to the State Abatement Fund, and (ii) 75% to Local Abatement Funds.
H.Effect of partial statutory change . If any legislative action otherwise modifies or
diminishes the direct allocation of Opioid Settlement Funds to Participating Local
Governments so that as a result the Participating Local Governments would receive less
than 75 percent of the Opioid Settlement Funds (inclusive of amounts received by
counties per statutory appropriation through the Minnesota Opiate Epidemic Response
Fund), then the allocation set forth in Section II.B will be modified to ensure
Participating Local Governments receive 75% of the Opioid Settlement Funds.
I.Participating Local Governments receiving payments. The proportions set forth in
Exhibit B provide for payments directly to: (i) all Minnesota counties; and (ii) all
Minnesota cities that (a) have a population of more than 30,000, based on the United
States Census Bureau’s Vintage 2019 population totals, (b) have funded or otherwise
managed an established health care or treatment infrastructure (e.g., health department or
similar agency), or (c) have initiated litigation against AmerisourceBergen, Cardinal
Health, McKesson, or Janssen as of December 3, 2021.
J.Allocation of funds between Participating Local Governments. The Local Abatement
Funds shall be allocated to Participating Local Governments in such proportions as set
forth in Exhibit B, attached hereto and incorporated herein by reference, which is based
upon the MDL Matter’s Opioid Negotiation Class Model.2 The proportions shall not
change based on population changes during the term of the MOA. However, to the extent
2 More specifically, the proportions in Exhibit B were created based on Exhibit G to the National
Settlement Agreements, which in turn was based on the MDL Matter’s allocation criteria. Cities
under 30,000 in population that had shares under the Exhibit G default allocation were removed
and their shares were proportionally reallocated amongst the remaining subdivisions.
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required by the terms of the National Settlement Agreements, the proportions set forth in
Exhibit B must be adjusted: (i) to provide no payment from the National Settlement
Agreements to any listed county or municipality that does not participate in the National
Settlement Agreements; and (ii) to provide a reduced payment from the National
Settlement Agreements to any listed county or city that signs on to the National
Settlement Agreements after the Initial Participation Date.
K.Redistribution in certain situations . In the event a Participating Local Government
merges, dissolves, or ceases to exist, the allocation percentage for that Participating Local
Government shall be redistributed equitably based on the composition of the successor
Local Government. In the event an allocation to a Local Government cannot be paid to
the Local Government, such unpaid allocations will be allocated to Local Abatement
Funds and be distributed in such proportions as set forth in Exhibit B.
L.City may direct payments to county . Any city allocated a share may elect to have its full
share or a portion of its full share of current or future annual distributions of settlement
funds instead directed to the county or counties in which it is located, so long as that
county or counties are Participating Local Governments[s]. If a city is located in more
than one county, the city’s funds will be directed based on the MDL Matter’s Opioid
Negotiation Class Model.
III.Special Revenue Fund
A.Creation of special revenue fund. Every Participating Local Government receiving
Opioid Settlement Funds through direct distribution shall create a separate special
revenue fund, as described below, that is designated for the receipt and expenditure of
Opioid Settlement Funds.
B.Procedures for special revenue fund. Funds in this special revenue fund shall not be
commingled with any other money or funds of the Participating Local Government. The
funds in the special revenue fund shall not be used for any loans or pledge of assets,
unless the loan or pledge is for an Approved Use. Participating Local Governments may
not assign to another entity their rights to receive payments of Opioid Settlement Funds
or their responsibilities for funding decisions, except as provided in Section II.L.
C.Process for drawing from special revenue funds.
1.Opioid Settlement Funds can be used for a purpose when the Governing Body
includes in its budget or passes a separate resolution authorizing the expenditure
of a stated amount of Opioid Settlement Funds for that purpose or those purposes
during a specified period of time.
2.The budget or resolution must (i) indicate that it is an authorization for
expenditures of opioid settlement funds; (ii) state the specific strategy or strategies
the county or city intends to fund, using the item letter and/or number in Exhibit
A to identify each funded strategy, if applicable; and (iii) state the amount
dedicated to each strategy for a stated period of time.
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D.Local government grantmaking. Participating Local Governments may make contracts
with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds.
E.Interest earned on special revenue fund . The funds in the special revenue fund may be
invested, consistent with the investment limitations for local governments, and may be
placed in an interest-bearing bank account. Any interest earned on the special revenue
funds must be used in a way that is consistent with this MOA.
IV.Opioid Remediation Activities
A.Limitation on use of funds . This MOA requires that Opioid Settlement Funds be utilized
only for future opioid remediation activities, and Parties shall expend Opioid Settlement
Funds only for Approved Uses and for expenditures incurred after the effective date of
this MOA, unless execution of the National Settlement Agreements requires a later date.
Opioid Settlement Funds cannot be used to pay litigation costs, expenses, or attorney fees
arising from the enforcement of legal claims related to the opioid epidemic, except for the
portion of Opioid Settlement Funds that comprise the Backstop Fund described in Section
VI. For the avoidance of doubt, counsel for Litigating Local Governments may recover
litigation costs, expenses, or attorney fees from the common benefit, contingency fee, and
cost funds established in the National Settlement Agreements, as well as the Backstop
Fund described in Section VI.
B.Public health departments as Chief Strategists. For Participating Local Governments that
have public health departments, the public health departments shall serve as the lead
agency and Chief Strategist to identify, collaborate, and respond to local issues as Local
Governments decide how to leverage and disburse Opioid Settlement Funds. In their role
as Chief Strategist, public health departments will convene multi-sector meetings and
lead efforts that build upon local efforts like Community Health Assessments and
Community Health Improvement Plans, while fostering community focused and
collaborative evidence-informed approaches that prevent and address addiction across the
areas of public health, human services, and public safety. Chief Strategists should consult
with municipalities located within their county in the development of any Community
Health Assessment, and are encouraged to collaborate with law enforcement agencies in
the county where appropriate.
C.Administrative expenses. Reasonable administrative costs for the State or Local
Government to administer its allocation of the Opioid Settlement Funds shall not exceed
actual costs, 10% of the relevant allocation of the Opioid Settlement Funds, or any
administrative expense limitation imposed by the National Settlement Agreements or
Bankruptcy Resolution, whichever is less.
D.Regions . Two or more Participating Local Governments may at their discretion form a
new group or utilize an existing group (“Region”) to pool their respective shares of
settlement funds and make joint spending decisions. Participating Local Governments
may
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choose to create a Region or utilize an existing Region under a joint exercise of powers
under Minn. Stat. § 471.59.
E.Consultation and partnerships .
1.Each county receiving Opioid Settlement Funds must consult annually with the
municipalities in the county regarding future use of the settlement funds in the
county, including by holding an annual meeting with all municipalities in the
county in order to receive input as to proposed uses of the Opioid Settlement
Funds and to encourage collaboration between Local Governments both within
and beyond the county. These meetings shall be open to the public.
2.Participating Local Governments within the same County Area have a duty to
regularly consult with each other to coordinate spending priorities.
3.Participating Local Governments can form partnerships at the local level whereby
Participating Local Governments dedicate a portion of their Opioid Settlement
Funds to support city- or community-based work with local stakeholders and
partners within the Approved Uses.
F.Collaboration . The State and Participating Local Governments must collaborate to
promote effective use of Opioid Settlement Funds, including through the sharing of
expertise, training, and technical assistance. They will also coordinate with trusted
partners, including community stakeholders, to collect and share information about
successful regional and other high-impact strategies and opioid treatment programs.
V.Reporting and Compliance
A.Construction of reporting and compliance provisions . Reporting and compliance
requirements will be developed and mutually agreed upon by the Parties, utilizing the
recommendations provided by the Advisory Panel to the Attorney General on
Distribution and Allocation of Opioid Settlement Funds.
B.Reporting Workgroup . The Parties will work together to establish a Reporting
Workgroup that includes representatives of the Attorney General’s Office, state
stakeholders, and city and county representatives, who will meet on a regular basis to
develop reporting and compliance recommendations. The Reporting Workgroup must
produce a set of reporting and compliance measures by June 1, 2022. Such reporting and
compliance measures will be effective once approved by representatives of the Attorney
General’s Office, the Governor’s Office, the Association of Minnesota Counties, and the
League of Minnesota Cities that are on the Workgroup.
C.Application of Reporting Addendum and State Law . The requirements of the Reporting
and Compliance Addendum agreed to by the Minnesota Governor’s Office, the
Minnesota Attorney General’s Office, the Association of Minnesota Counties, the League
of Minnesota Cities, and members of the Minnesota Opioid Epidemic Response Advisory
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9
Council, as well as the requirements of Minnesota Statutes section 256.042,
subdivision 5(d), apply to Local Governments receiving Opioid Settlement Funds under
National Settlement Agreements and Bankruptcy Resolutions within the scope of this
MOA.
VI.Backstop Fund
A.National Attorney Fee Fund . When the National Settlement Agreements provide for the
payment of all or a portion of the attorney fees and costs owed by Litigating Local
Governments to private attorneys specifically retained to file suit in the opioid litigation
(“National Attorney Fee Fund”), the Parties acknowledge that the National Settlement
Agreements may provide for a portion of the attorney fees of Litigating Local
Governments.
B.Backstop Fund and Waiver of Contingency Fee . The Parties agree that the Participating
Local Governments will create a supplemental attorney fees fund (the “Backstop Fund”)
to be used to compensate private attorneys (“Counsel”) for Local Governments that filed
opioid lawsuits on or before December 3, 2021 (“Litigating Local Governments”). By
order3 dated August 6, 2021, Judge Polster capped all applicable contingent fee
agreements at 15%. Judge Polster’s 15% cap does not limit fees from the National
Attorney Fee Fund or from any state backstop fund for attorney fees, but private
attorneys for local governments must waive their contingent fee agreements to receive
payment from the National Attorney Fee Fund. Judge Polster recognized that a state
backstop fund can be designed to incentivize private attorneys to waive their right to
enforce contingent fee agreements and instead apply to the National Attorney Fee Fund,
with the goals of achieving greater subdivision participation and higher ultimate payouts
to both states and local governments. Accordingly, in order to seek payment from the
Backstop Fund, Counsel must agree to waive their contingency fee agreements relating to
these National Settlement Agreements and first apply to the National Attorney Fee Fund.
C.Backstop Fund Source . The Backstop Fund will be funded by seven percent (7%) of the
share of each payment made to the Local Abatement Funds from the National Settlement
Agreements (annual or otherwise), based upon the initial allocation of 25% directly to the
State Abatement Fund and 75% directly to Local Abatement Funds, and will not include
payments resulting from the Purdue, Mallinckrodt, or Endo Bankruptcies. In the event
that the initial allocation is modified pursuant to Section II.F. above, then the Backstop
Fund will be funded by 8.75% of the share of each payment made to the Local Abatement
Funds from the National Settlement Agreements (annual or otherwise), based upon the
modified allocation of 40% directly to the State Abatement Fund and 60% directly to the
Local Abatement Funds, and will not include payments resulting from the Purdue,
Mallinckrodt, or Endo Bankruptcies. In the event that the allocation is modified pursuant
to Section II.G. or Section II.H. above, back to an allocation of 25% directly to the State
Abatement Fund and 75% directly to Local Abatement Funds, then the Backstop Fund
will be funded by 7% of the share of each payment made to the Local Abatement
3 Order, In re: Nat’l Prescription Opiate Litig., Case No. 17-MD-02804, Doc. No. 3814 (N.D.
Ohio August 6, 2021).
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Funds from the National Settlement Agreements (annual or otherwise), and will not
include payments resulting from the Purdue, Mallinckrodt, or Endo Bankruptcies.
D.Backstop Fund Payment Cap . Any attorney fees paid from the Backstop Fund, together
with any compensation received from the National Settlement Agreements’ Contingency
Fee Fund, shall not exceed 15% of the total gross recovery of the Litigating Local
Governments’ share of funds from the National Settlement Agreements. To avoid doubt,
in no instance will Counsel receive more than 15% of the amount paid to their respective
Litigating Local Government client(s) when taking into account what private attorneys
receive from both the Backstop Fund and any fees received from the National Settlement
Agreements’ Contingency Fee Fund.
E.Requirements to Seek Payment from Backstop Fund . A private attorney may seek
payment from the Backstop Fund in the event that funds received by Counsel from the
National Settlement Agreements’ Contingency Fee Fund are insufficient to cover the
amount that would be due to Counsel under any contingency fee agreement with a
Litigating Local Government based on any recovery Litigating Local Governments
receive from the National Settlement Agreements. Before seeking any payment from the
Backstop Fund, private attorneys must certify that they first sought fees from the National
Settlement Agreements’ Contingency Fee Fund, and must certify that they agreed to
accept the maximum fees payments awarded to them. Nothing in this Section, or in the
terms of this Agreement, shall be construed as a waiver of fees, contractual or otherwise,
with respect to fees that may be recovered under a contingency fee agreement or
otherwise from other past or future settlements, verdicts, or recoveries related to the
opioid litigation.
F.Special Master . A special master will administer the Backstop Fund, including overseeing
any distribution, evaluating the requests of Counsel for payment, and determining the
appropriate amount of any payment from the Backstop Fund. The special master will be
selected jointly by the Minnesota Attorney General and the Hennepin County Attorney,
and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug;
or Hon. Jack Van de North. The special master will be compensated from the Backstop
Fund. In the event that a successor special master is needed, the Minnesota Attorney
General and the Hennepin County Attorney will jointly select the successor special
master from the above-listed individuals. If none of the above-listed individuals is
available to serve as the successor special master, then the Minnesota Attorney General
and the Hennepin County Attorney will jointly select a successor special master from a
list of individuals that is agreed upon between the Minnesota Attorney General, the
Hennepin County Attorney, and Counsel.
G.Special Master Determinations . The special master will determine the amount and timing
of any payment to Counsel from the Backstop Fund. The special master shall make one
determination regarding payment of attorney fees to Counsel, which will apply through
the term of the recovery from the National Settlement Agreements. In making such
determinations, the special master shall consider the amounts that have been or will be
received by the private attorney’s firm from the National Settlement Agreements’
Contingency Fee Fund relating to Litigating Local Governments; the contingency fee
contracts; the dollar amount of recovery for Counsel’s respective clients who are
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Litigating Local Governments; the Backstop Fund Payment Cap above; the complexity of
the legal issues involved in the opioid litigation; work done to directly benefit the Local
Governments within the State of Minnesota; and the principles set forth in the Minnesota
Rules of Professional Conduct, including the reasonable and contingency fee principles
of Rule 1.5. In the interest of transparency, Counsel shall provide information in their
initial fee application about the total amount of fees that Counsel have received or will
receive from the National Attorney Fee Fund related to the Litigating Local
Governments.
H.Special Master Proceedings . Counsel seeking payment from the Backstop Fund may also
provide written submissions to the special master, which may include declarations from
counsel, summaries relating to the factors described above, and/or attestation regarding
total payments awarded or anticipated from the National Settlement Agreements’
Contingency Fee Fund. Private attorneys shall not be required to disclose work product,
proprietary or confidential information, including but not limited to detailed billing or
lodestar records. To the extent that counsel rely upon written submissions to support their
application to the special master, the special master will incorporate said submission or
summary into the record. Any proceedings before the special master and documents filed
with the special master shall be public, and the special master’s determinations regarding
any payment from the Backstop Funds shall be transparent, public, final, and not
appealable.
I.Distribution of Any Excess Funds . To the extent the special master determines that the
Backstop Fund exceeds the amount necessary for payment to Counsel, the special master
shall distribute any excess amount to Participating Local Governments according to the
percentages set forth in Exhibit B.
J.Term . The Backstop Fund will be administered for (a) the length of the National
Litigation Settlement Agreements’ payments; or (b) until all Counsel for Litigating Local
Governments have either (i) received payments equal to the Backstop Fund Payment Cap
above or (ii) received the full amount determined by the special master; whichever occurs
first.
K.No State Funds Toward Attorney Fees . For the avoidance of doubt, no portion of the
State Abatement Fund will be used to fund the Backstop Fund or in any other way to
fund any Litigating Local Government’s attorney fees and expenses. Any funds that the
State receives from the National Settlement Agreements as attorney fees and costs or in
lieu of attorney fees and costs, including the Additional Restitution Amounts, will be
treated as State Abatement Funds.
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VII.General Terms
A.Scope of agreement .
1.This MOA applies to the National Settlement Agreements and the Bankruptcy
Resolutions.4
2.This MOA will also apply to future National Settlement Agreements and
Bankruptcy Resolutions with Opioid Supply Chain Participants that include
structural or payment provisions requiring or anticipating the participation of both
the State and its political subdivisions, and allows for the allocation between the
State and its political subdivisions to be set through a state-specific agreement.
3.The Parties acknowledge that this MOA does not excuse any requirements placed
upon them by the terms of the National Settlement Agreements or any Bankruptcy
Resolution, except to the extent those terms allow for a State-Subdivision
Agreement to do so.
B.When MOA takes effect .
1.This MOA shall become effective at the time a sufficient number of Local
Governments have joined the MOA to qualify this MOA as a State-Subdivision
Agreement under the National Settlement Agreements or as a Statewide
Abatement Agreement under any Bankruptcy Resolution. If this MOA does not
thereby qualify as a State-Subdivision Agreement or Statewide Abatement
Agreement, this MOA will have no effect.
2.The Parties may conditionally agree to sign on to the MOA through a letter of
intent, resolution, or similar written statement, declaration, or pronouncement
declaring their intent to sign on to the MOA if the threshold for Party participation
in a specific Settlement is achieved.
C.Dispute resolution .
1.If any Party believes another Party has violated the terms of this MOA, the
alleging Party may seek to enforce the terms of this MOA in Ramsey County
District Court, provided the alleging Party first provides notice to the alleged
offending Party of the alleged violation and a reasonable opportunity to cure the
alleged violation.
2.If a Party believes another Party, Region, or individual involved in the receipt,
4 For the avoidance of doubt, this includes settlements reached with AmerisourceBergen,
Cardinal Health, McKesson, Janssen, Teva Pharmaceuticals, Allergan plc, CVS Health
Corporation, Walgreens Boots Alliance, Inc., and Walmart Inc., and Bankruptcy Resolutions
involving Purdue Pharma L.P., Mallinckrodt plc, and Endo International plc.
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distribution, or administration of Opioid Settlement Funds has violated any
applicable ethics codes or rules, a complaint shall be lodged with the appropriate
forum for handling such matters.
3.If a Party believes another Party, Region, or individual involved in the receipt,
distribution, or administration of Opioid Settlement Funds violated any Minnesota
criminal law, such conduct shall be reported to the appropriate criminal
authorities.
D.Amendments . The Parties agree to make such amendments as necessary to implement
the intent of this MOA.
E.Applicable law and venue. Unless otherwise required by the National Settlement
Agreements or a Bankruptcy Resolution, this MOA, including any issues related to
interpretation or enforcement, is governed by the laws of the State of Minnesota. Any
action related to the provisions of this MOA must be adjudicated by the Ramsey County
District Court. If any provision of this MOA is held invalid by any court of competent
jurisdiction, this invalidity does not affect any other provision which can be given effect
without the invalid provision.
F.Relationship of this MOA to other agreements and resolutions. All Parties acknowledge
and agree that the National Settlement Agreements will require a Participating Local
Government to release all its claims as provided in the National Settlement Agreements
to receive direct allocation of Opioid Settlement Funds. All Parties further acknowledge
and agree that based on the terms of the National Settlement Agreements, a Participating
Local Government may receive funds through this MOA only after complying with all
requirements set forth in the National Settlement Agreements to release its claims. This
MOA is not a promise from any Party that any National Settlement Agreements or
Bankruptcy Resolution will be finalized or executed.
G.When MOA is no longer in effect. This MOA is effective until one year after the last
date on which any Opioid Settlement Funds are being spent by the Parties pursuant to the
National Settlement Agreements and any Bankruptcy Resolution.
H.No waiver for failure to exercise. The failure of a Party to exercise any rights under this
MOA will not be deemed to be a waiver of any right or any future rights.
I.No effect on authority of Parties. Nothing in this MOA should be construed to limit the
power or authority of the State of Minnesota, the Attorney General, or the Local
Governments, except as expressly set forth herein.
J.Signing and execution. This MOA may be executed in counterparts, each of which
constitutes an original, and all of which constitute one and the same agreement. This
MOA may be executed by facsimile or electronic copy in any image format. Each Party
represents that all procedures necessary to authorize such Party’s execution of this MOA
have been performed and that the person signing for such Party has been authorized to
execute the MOA in an official capacity that binds the Party.
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This Amended Minnesota Opioids State-Subdivision Memorandum of Agreement is signed
on /date_1_mn_agreement/ by Logan Martin:
Signature:/signer_1_mn_agreement/
Name:/name_1_mn_agreement/
Title:/title_1_mn_agreement/
Date:/date_1_mn_agreement/
On behalf of: Rosemount city
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PART ONE: TREATMENT
1
EXHIBIT A
List of Opioid Remediation Uses
Settlement fund recipients shall choose from among abatement strategies, including but not
limited to those listed in this Exhibit. The programs and strategies listed in this Exhibit are not
exclusive, and fund recipients shall have flexibility to modify their abatement approach as
needed and as new uses are discovered.
A.TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance
Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or
evidence- informed programs5 or strategies that may include, but are not limited to, those
that:6
1.Expand availability of treatment for OUD and any co-occurring SUD/MH
conditions, including all forms of Medication for Opioid Use Disorder
(“MOUD”)7 approved by the U.S. Food and Drug Administration, including by
making capital expenditures to purchase, rehabilitate, or expand facilities that
offer treatment.
2.Support and reimburse evidence-based services that adhere to the American
Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any
co- occurring SUD/MH conditions.
3.Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MOUD, as well as counseling, psychiatric
support, and other treatment and recovery support services.
5 Use of the terms “evidence-based,” “evidence-informed,” or “best practices” shall not limit the
ability of recipients to fund innovative services or those built on culturally specific needs.
Rather, recipients are encouraged to support culturally appropriate services and programs for
persons with OUD and any co-occurring SUD/MH conditions.
6 As used in this Exhibit, words like “expand,” “fund,” “provide” or the like shall not indicate a
preference for new or existing programs.
7 Historically, pharmacological treatment for opioid use disorder was referred to as “Medication-
Assisted Treatment” (“MAT”). It has recently been determined that the better term is
“Medication for Opioid Use Disorder” (“MOUD”). This Exhibit will use “MOUD” going
forward. Use of the term MOUD is not intended to and shall in no way limit abatement
programs or strategies now or into the future as new strategies and terminology evolve.
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4.Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence-
based or evidence-informed practices such as adequate methadone dosing and low
threshold approaches to treatment.
5.Support mobile intervention, treatment, and recovery services, offered by
qualified professionals and service providers, such as peer recovery coaches, for
persons with OUD and any co-occurring SUD/MH conditions and for persons
who have experienced an opioid overdose.
6.Provide treatment of trauma for individuals with OUD (e.g., violence, sexual
assault, human trafficking, or adverse childhood experiences) and family
members (e.g., surviving family members after an overdose or overdose fatality),
and training of health care personnel to identify and address such trauma.
7.Support detoxification (detox) and withdrawal management services for people
with OUD and any co-occurring SUD/MH conditions, including but not limited to
medical detox, referral to treatment, or connections to other services or supports.
8.Provide training on MOUD for health care providers, first responders, students, or
other supporting professionals, such as peer recovery coaches or recovery
outreach specialists, including telementoring to assist community-based providers
in rural or underserved areas.
9.Support workforce development for addiction professionals who work with
persons with OUD and any co-occurring SUD/MH or mental health conditions.
10.Offer fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11.Offer scholarships and supports for certified addiction counselors, licensed
alcohol and drug counselors, licensed clinical social workers, licensed mental
health counselors, and other mental and behavioral health practitioners or
workers, including peer recovery coaches, peer recovery supports, and treatment
coordinators, involved in addressing OUD and any co-occurring SUD/MH or
mental health conditions, including, but not limited to, training, scholarships,
fellowships, loan repayment programs, continuing education, licensing fees, or
other incentives for providers to work in rural or underserved areas.
12.Provide funding and training for clinicians to obtain a waiver under the federal
Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MOUD for
OUD, and provide technical assistance and professional support to clinicians who
have obtained a DATA 2000 waiver.
13.Dissemination of web-based training curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based
training curriculum and motivational interviewing.
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14.Develop and disseminate new curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service for Medication–
Assisted Treatment.
B.SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the programs or strategies that:
1.Provide comprehensive wrap-around services to individuals with OUD and any
co-occurring SUD/MH conditions, including housing, transportation, education,
job placement, job training, or childcare.
2.Provide the full continuum of care of treatment and recovery services for OUD
and any co-occurring SUD/MH conditions, including supportive housing, peer
support services and counseling, community navigators, case management, and
connections to community-based services.
3.Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD
and any co-occurring SUD/MH conditions.
4.Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance
programs, training for housing providers, or recovery housing programs that allow
or integrate FDA-approved medication with other support services.
5.Provide community support services, including social and legal services, to assist
in deinstitutionalizing persons with OUD and any co-occurring SUD/MH
conditions.
6.Support or expand peer-recovery centers, which may include support groups,
social events, computer access, or other services for persons with OUD and any
co-occurring SUD/MH conditions.
7.Provide or support transportation to treatment or recovery programs or services
for persons with OUD and any co-occurring SUD/MH conditions.
8.Provide employment training or educational services for persons in treatment for
or recovery from OUD and any co-occurring SUD/MH conditions.
9.Identify successful recovery programs such as physician, pilot, and college
recovery programs, and provide support and technical assistance to increase the
number and capacity of high-quality programs to help those in recovery.
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10.Engage non-profits, faith-based communities, and community coalitions to
support people in treatment and recovery and to support family members in their
efforts to support the person with OUD in the family.
11.Provide training and development of procedures for government staff to
appropriately interact and provide social and other services to individuals with or
in recovery from OUD, including reducing stigma.
12.Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
13.Create or support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions, including but not limited to new
Americans, African Americans, and American Indians.
14.Create and/or support recovery high schools.
15.Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
C.CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD
and any co-occurring SUD/MH conditions through evidence-based or evidence-informed
programs or strategies that may include, but are not limited to, those that:
1.Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for
OUD treatment.
2.Fund Screening, Brief Intervention and Referral to Treatment (“SBIRT”)
programs to reduce the transition from use to disorders, including SBIRT
services to pregnant women who are uninsured or not eligible for Medicaid.
3.Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and
young adults when transition from misuse to opioid disorder is common.
4.Purchase automated versions of SBIRT and support ongoing costs of the
technology.
5.Expand services such as navigators and on-call teams to begin MOUD in hospital
emergency departments.
6.Provide training for emergency room personnel treating opioid overdose patients
on post-discharge planning, including community referrals for MOUD, recovery
case management or support services.
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7.Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.
8.Support crisis stabilization centers that serve as an alternative to hospital
emergency departments for persons with OUD and any co-occurring SUD/MH
conditions or persons that have experienced an opioid overdose.
9.Support the work of Emergency Medical Systems, including peer support
specialists, to connect individuals to treatment or other appropriate services
following an opioid overdose or other opioid-related adverse event.
10.Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar
settings; offer services, supports, or connections to care to persons with OUD
and any co-occurring SUD/MH conditions or to persons who have experienced
an opioid overdose.
11.Expand warm hand-off services to transition to recovery services.
12.Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
13.Develop and support best practices on addressing OUD in the workplace.
14.Support assistance programs for health care providers with OUD.
15.Engage non-profits and the faith community as a system to support outreach for
treatment.
16.Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions.
D.ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who
are involved in, are at risk of becoming involved in, or are transitioning out of the
criminal justice system through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, those that:
1.Support pre-arrest or pre-arraignment diversion and deflection strategies for
persons with OUD and any co-occurring SUD/MH conditions, including
established strategies such as:
1.Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (“PAARI”);
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6
2.Active outreach strategies such as the Drug Abuse Response Team
(“DART”) model;
3.“Naloxone Plus” strategies, which work to ensure that individuals who
have received naloxone to reverse the effects of an overdose are then
linked to treatment programs or other appropriate services;
4.Officer prevention strategies, such as the Law Enforcement Assisted
Diversion (“LEAD”) model;
5.Officer intervention strategies such as the Leon County, Florida Adult
Civil Citation Network or the Chicago Westside Narcotics Diversion to
Treatment Initiative; or
6.Co-responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.
2.Support pre-trial services that connect individuals with OUD and any co-
occurring SUD/MH conditions to evidence-informed treatment, including
MOUD, and related services.
3.Support treatment and recovery courts that provide evidence-based options for
persons with OUD and any co-occurring SUD/MH conditions.
4.Provide evidence-informed treatment, including MOUD, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are incarcerated in jail or prison.
5.Provide evidence-informed treatment, including MOUD, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are leaving jail or prison or have recently left
jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6.Support critical time interventions (“CTI”), particularly for individuals living with
dual-diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional
settings.
7.Provide training on best practices for addressing the needs of criminal justice-
involved persons with OUD and any co-occurring SUD/MH conditions to law
enforcement, correctional, or judicial personnel or to providers of treatment,
recovery, harm reduction, case management, or other services offered in
connection with any of the strategies described in this section.
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E.ADDRESS THE NEEDS OF THE PERINATAL POPULATION, CAREGIVERS,
AND FAMILIES, INCLUDING BABIES WITH NEONATAL OPIOID
WITHDRAWAL SYNDROME.
Address the needs of the perinatal population and caregivers with OUD and any co-
occurring SUD/MH conditions, and the needs of their families, including babies with
neonatal opioid withdrawal syndrome (“NOWS”), through evidence-based or evidence-
informed programs or strategies that may include, but are not limited to, those that:
1.Support evidence-based or evidence-informed treatment, including MOUD,
recovery services and supports, and prevention services for the perinatal
population—or individuals who could become pregnant—who have OUD and
any co-occurring SUD/MH conditions, and other measures to educate and provide
support to caregivers and families affected by Neonatal Opioid Withdrawal
Syndrome.
2.Expand comprehensive evidence-based treatment and recovery services, including
MOUD, for uninsured individuals with OUD and any co-occurring SUD/MH
conditions for up to 12 months postpartum.
3.Provide training for obstetricians or other healthcare personnel who work with the
perinatal population and their families regarding treatment of OUD and any co-
occurring SUD/MH conditions.
4.Expand comprehensive evidence-based treatment and recovery support for
NOWS babies; expand services for better continuum of care with infant-caregiver
dyad; and expand long-term treatment and services for medical monitoring of
NOWS babies and their caregivers and families.
5.Provide training to health care providers who work with the perinatal population
and caregivers on best practices for compliance with federal requirements that
children born with NOWS get referred to appropriate services and receive a plan
of safe care.
6.Provide child and family supports for caregivers with OUD and any co-occurring
SUD/MH conditions, emphasizing the desire to keep families together.
7.Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
8.Offer home-based wrap-around services to persons with OUD and any co-
occurring SUD/MH conditions, including, but not limited to, parent skills
training.
9.Provide support for Children’s Services—Fund additional positions and services,
including supportive housing and other residential services, relating to children
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PART TWO: PREVENTION
8
being removed from the home and/or placed in foster care due to custodial opioid
use.
F.PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, the following:
1.Funding medical provider education and outreach regarding best prescribing
practices for opioids consistent with the Guidelines for Prescribing Opioids for
Chronic Pain from the U.S. Centers for Disease Control and Prevention, including
providers at hospitals (academic detailing).
2.Training for health care providers regarding safe and responsible opioid
prescribing, dosing, and tapering patients off opioids.
3.Continuing Medical Education (CME) on appropriate prescribing of opioids.
4.Providing Support for non-opioid pain treatment alternatives, including training
providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5.Supporting enhancements or improvements to Prescription Drug Monitoring
Programs (“PDMPs”), including, but not limited to, improvements that:
1.Increase the number of prescribers using PDMPs;
2.Improve point-of-care decision-making by increasing the quantity, quality,
or format of data available to prescribers using PDMPs, by improving the
interface that prescribers use to access PDMP data, or both; or
3.Enable states to use PDMP data in support of surveillance or intervention
strategies, including MOUD referrals and follow-up for individuals
identified within PDMP data as likely to experience OUD in a manner that
complies with all relevant privacy and security laws and rules.
6.Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy
and security laws and rules.
7.Increasing electronic prescribing to prevent diversion or forgery.
8.Educating dispensers on appropriate opioid dispensing.
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G.PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include, but are not limited to, the
following:
1.Funding media campaigns to prevent opioid misuse, including but not limited to
focusing on risk factors and early interventions.
2.Corrective advertising or affirmative public education campaigns based on
evidence.
3.Public education relating to drug disposal.
4.Drug take-back disposal or destruction programs.
5.Funding community anti-drug coalitions that engage in drug prevention efforts.
6.Supporting community coalitions in implementing evidence-informed prevention,
such as reduced social access and physical access, stigma reduction—including
staffing, educational campaigns, support for people in treatment or recovery, or
training of coalitions in evidence-informed implementation, including the
Strategic Prevention Framework developed by the U.S. Substance Abuse and
Mental Health Services Administration (“SAMHSA”).
7.Engaging non-profits and faith-based communities as systems to support
prevention.
8.Funding evidence-based prevention programs in schools or evidence-informed
school and community education programs and campaigns for students, families,
school employees, school athletic programs, parent-teacher and student
associations, and others.
9.School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in
preventing the uptake and use of opioids.
10.Create or support community-based education or intervention services for
families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH
conditions.
11.Support evidence-informed programs or curricula to address mental health needs
of young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
12.Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health
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workers or other school staff, to address mental health needs in young people that
(when not properly addressed) increase the risk of opioid or another drug misuse.
H.PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the following:
1.Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach
workers, persons being released from jail or prison, or other members of the
general public.
2.Public health entities providing free naloxone to anyone in the community.
3.Training and education regarding naloxone and other drugs that treat overdoses
for first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.
4.Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5.Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6.Public education relating to emergency responses to overdoses.
7.Public education relating to immunity and Good Samaritan laws.
8.Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9.Syringe service programs and other evidence-informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer
support services, referrals to treatment, fentanyl checking, connections to care,
and the full range of harm reduction and treatment services provided by these
programs.
10.Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11.Supporting mobile units that offer or provide referrals to harm reduction services,
treatment, recovery supports, health care, or other appropriate services to persons
that use opioids or persons with OUD and any co-occurring SUD/MH conditions.
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PART THREE: OTHER STRATEGIES
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12.Providing training in harm reduction strategies to health care providers, students,
peer recovery coaches, recovery outreach specialists, or other professionals that
provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions.
13.Supporting screening for fentanyl in routine clinical toxicology testing.
I.FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the
following:
1.Law enforcement expenditures related to the opioid epidemic.
2.Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
3.Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid-related emergency events.
J.LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include, but are not limited to, the following:
1.Statewide, regional, local or community regional planning to identify root causes
of addiction and overdose, goals for reducing harms related to the opioid
epidemic, and areas and populations with the greatest needs for treatment
intervention services, and to support training and technical assistance and other
strategies to abate the opioid epidemic described in this opioid abatement strategy
list.
2.A dashboard to (a) share reports, recommendations, or plans to spend opioid
settlement funds; (b) to show how opioid settlement funds have been spent; (c) to
report program or strategy outcomes; or (d) to track, share or visualize key opioid-
or health-related indicators and supports as identified through collaborative
statewide, regional, local or community processes.
3.Invest in infrastructure or staffing at government or not-for-profit agencies to
support collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD
and any co-occurring SUD/MH conditions, supporting them in treatment or
recovery, connecting them to care, or implementing other strategies to abate the
opioid epidemic described in this opioid abatement strategy list.
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4.Provide resources to staff government oversight and management of opioid
abatement programs.
5.Support multidisciplinary collaborative approaches consisting of, but not limited
to, public health, public safety, behavioral health, harm reduction, and others at
the state, regional, local, nonprofit, and community level to maximize collective
impact.
K.TRAINING
In addition to the training referred to throughout this document, support training to abate
the opioid epidemic through activities, programs, or strategies that may include, but are
not limited to, those that:
1.Provide funding for staff training or networking programs and services to improve
the capability of government, community, and not-for-profit entities to abate the
opioid crisis.
2.Support infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, or implement other strategies to abate the opioid
epidemic described in this opioid abatement strategy list (e.g., health care,
primary care, pharmacies, PDMPs, etc.).
L.RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1.Monitoring, surveillance, data collection and evaluation of programs and
strategies described in this opioid abatement strategy list.
2.Research non-opioid treatment of chronic pain.
3.Research on improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to
opioid use disorders.
4.Research on novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.
5.Research on innovative supply-side enforcement efforts such as improved
detection of mail-based delivery of synthetic opioids.
6.Expanded research on swift/certain/fair models to reduce and deter opioid
misuse within criminal justice populations that build upon promising
approaches used to address other substances (e.g., Hawaii HOPE and
Dakota 24/7).
7.Epidemiological surveillance of OUD-related behaviors in critical
populations, including individuals entering the criminal justice system,
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including, but not limited to approaches modeled on the Arrestee Drug
Abuse Monitoring (“ADAM”) system.
8.Qualitative and quantitative research regarding public health risks and
harm reduction opportunities within illicit drug markets, including surveys
of market participants who sell or distribute illicit opioids.
9.Geospatial analysis of access barriers to MOUD and their association with
treatment engagement and treatment outcomes.
M.POST-MORTEM
1.Toxicology tests for the range of opioids, including synthetic opioids, seen in
overdose deaths as well as newly evolving synthetic opioids infiltrating the drug
supply.
2.Toxicology method development and method validation for the range of synthetic
opioids observed now and in the future, including the cost of installation,
maintenance, repairs and training of capital equipment.
3.Autopsies in cases of overdose deaths resulting from opioids and synthetic
opioids.
4.Additional storage space/facilities for bodies directly related to opioid or synthetic
opioid related deaths.
5.Comprehensive death investigations for individuals where a death is caused by or
suspected to have been caused by an opioid or synthetic opioid overdose, whether
intentional or accidental (overdose fatality reviews).
6.Indigent burial for unclaimed remains resulting from overdose deaths.
7.Navigation-to-care services for individuals with opioid use disorder who are
encountered by the medical examiner’s office as either family and/or social
network members of decedents dying of opioid overdose.
8.Epidemiologic data management and reporting to public health and public safety
stakeholders regarding opioid overdose fatalities.
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EXHIBIT B
Local Abatement Funds Allocation
Subdivision Allocation Percentage
AITKIN COUNTY 0.5760578506020%
Andover city 0.1364919450741%
ANOKA COUNTY 5.0386504680954%
Apple Valley city 0.2990817344560%
BECKER COUNTY 0.6619330684437%
BELTRAMI COUNTY 0.7640787092763%
BENTON COUNTY 0.6440948102319%
BIG STONE COUNTY 0.1194868774775%
Blaine city 0.4249516912759%
Bloomington city 0.4900195550092%
BLUE EARTH COUNTY 0.6635420704652%
Brooklyn Center city 0.1413853902225%
Brooklyn Park city 0.2804136234778%
BROWN COUNTY 0.3325325415732%
Burnsville city 0.5135361296508%
CARLTON COUNTY 0.9839591749060%
CARVER COUNTY 1.1452829659572%
CASS COUNTY 0.8895681513437%
CHIPPEWA COUNTY 0.2092611794436%
CHISAGO COUNTY 0.9950193750117%
CLAY COUNTY 0.9428475281726%
CLEARWATER COUNTY 0.1858592042741%
COOK COUNTY 0.1074594959729%
Coon Rapids city 0.5772642444915%
Cottage Grove city 0.2810994719143%
COTTONWOOD COUNTY 0.1739065270025%
CROW WING COUNTY 1.1394859174804%
DAKOTA COUNTY 4.4207140602835%
DODGE COUNTY 0.2213963257778%
DOUGLAS COUNTY 0.6021779472345%
Duluth city 1.1502115379896%
Eagan city 0.3657951576014%
Eden Prairie city 0.2552171572659%
Edina city 0.1973054822135%
FARIBAULT COUNTY 0.2169409335358%
FILLMORE COUNTY 0.2329591105316%
FREEBORN COUNTY 0.3507169823793%
GOODHUE COUNTY 0.5616542387089%
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Subdivision Allocation Percentage
GRANT COUNTY 0.0764556498477%
HENNEPIN COUNTY 19.0624622261821%
HOUSTON COUNTY 0.3099019273452%
HUBBARD COUNTY 0.4582368775192%
Inver Grove Heights city 0.2193400520297%
ISANTI COUNTY 0.7712992707537%
ITASCA COUNTY 1.1406408131328%
JACKSON COUNTY 0.1408950443531%
KANABEC COUNTY 0.3078966749987%
KANDIYOHI COUNTY 0.1581167542252%
KITTSON COUNTY 0.0812834506382%
KOOCHICHING COUNTY 0.2612581865885%
LAC QUI PARLE COUNTY 0.0985665133485%
LAKE COUNTY 0.1827750320696%
LAKE OF THE WOODS
COUNTY
0.1123105027592%
Lakeville city 0.2822249627090%
LE SUEUR COUNTY 0.3225703347466%
LINCOLN COUNTY 0.1091919983965%
LYON COUNTY 0.2935118186364%
MAHNOMEN COUNTY 0.1416417687922%
Mankato city 0.3698584320930%
Maple Grove city 0.1814019046900%
Maplewood city 0.1875101678223%
MARSHALL COUNTY 0.1296352091057%
MARTIN COUNTY 0.2543064014046%
MCLEOD COUNTY 0.1247104517575%
MEEKER COUNTY 0.3744031515243%
MILLE LACS COUNTY 0.9301506695846%
Minneapolis city 4.8777618689374%
Minnetonka city 0.1967231070869%
Moorhead city 0.4337377037965%
MORRISON COUNTY 0.7178981419196%
MOWER COUNTY 0.5801769148506%
MURRAY COUNTY 0.1348775389165%
NICOLLET COUNTY 0.1572381052896%
NOBLES COUNTY 0.1562005111775%
NORMAN COUNTY 0.1087596675165%
North St. Paul city 0.0575844069340%
OLMSTED COUNTY 1.9236715094724%
OTTER TAIL COUNTY 0.8336175418789%
PENNINGTON COUNTY 0.3082576394945%
PINE COUNTY 0.5671222706703%
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Subdivision Allocation Percentage
PIPESTONE COUNTY 0.1535154503112%
Plymouth city 0.1762541472591%
POLK COUNTY 0.8654291473909%
POPE COUNTY 0.1870129873102%
Proctor city 0.0214374127881%
RAMSEY COUNTY 7.1081424150498%
RED LAKE COUNTY 0.0532649128178%
REDWOOD COUNTY 0.2809842366614%
RENVILLE COUNTY 0.2706888807449%
RICE COUNTY 0.2674764397830%
Richfield city 0.2534018444052%
Rochester city 0.7363082848763%
ROCK COUNTY 0.2043437335735%
ROSEAU COUNTY 0.2517872793025%
Roseville city 0.1721905548771%
Savage city 0.1883576635033%
SCOTT COUNTY 1.3274301645797%
Shakopee city 0.2879873611373%
SHERBURNE COUNTY 1.2543449471994%
SIBLEY COUNTY 0.2393480708456%
ST LOUIS COUNTY 4.7407767169807%
St. Cloud city 0.7330089009029%
St. Louis Park city 0.1476314588229%
St. Paul city 3.7475206797569%
STEARNS COUNTY 2.4158085321227%
STEELE COUNTY 0.3969975262520%
STEVENS COUNTY 0.1439474275223%
SWIFT COUNTY 0.1344167568499%
TODD COUNTY 0.4180909816781%
TRAVERSE COUNTY 0.0903964133868%
WABASHA COUNTY 0.3103038996965%
WADENA COUNTY 0.2644094336575%
WASECA COUNTY 0.2857912156338%
WASHINGTON COUNTY 3.0852862512586%
WATONWAN COUNTY 0.1475626355615%
WILKIN COUNTY 0.0937962507119%
WINONA COUNTY 0.7755267356126%
Woodbury city 0.4677270171716%
WRIGHT COUNTY 1.6985269385427%
YELLOW MEDICINE COUNTY 0.1742264836427%
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AMENDED MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF
AGREEMENT
WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been
harmed by misconduct committed by certain entities that engage in or have engaged in the
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic;
WHEREAS, certain Minnesota counties and cities, through their counsel, and the State, through
its Attorney General, are separately engaged in ongoing investigations, litigation, and settlement
discussions seeking to hold opioid manufacturers and distributors accountable for the damage
caused by their misconduct;
WHEREAS, the State and Local Governments share a common desire to abate and alleviate the
impacts of the misconduct described above throughout Minnesota;
WHEREAS, while the State and Local Governments recognize the sums which may be available
from the aforementioned litigation will likely be insufficient to fully abate the public health crisis
caused by the opioid epidemic, they share a common interest in dedicating the most resources
possible to the abatement effort;
WHEREAS, the investigations and litigation with Johnson & Johnson, AmerisourceBergen,
Cardinal Health, and McKessonseveral companies have resulted in National Settlement
Agreements with those companies, which the State has already committed to join;
WHEREAS, Minnesota’s share of settlement funds from the National Settlement Agreements will
be maximized only if all Minnesota counties, and cities of a certain size, participate in the
settlements;
WHEREAS, the National Settlement Agreements will set a default allocation between each state
and its political subdivisions unless they enter into a state-specific agreement regarding the
distribution and use of settlement amounts;
WHEREAS, this Amended Memorandum of Agreement is intended to facilitate compliance by
the State and by the Local Governments with the terms of the National Settlement Agreements and
is intended to serve as a State-Subdivision Agreement under the National Settlement Agreements;
WHEREAS, this Amended Memorandum of Agreement is also intended to serve as a State-
Subdivision Agreement under resolutions of claims concerning alleged misconduct in the
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic entered in
bankruptcy court that provide for payments (including payments through a trust) to both the State
and Minnesota counties and cities and allow for the allocation between a state and its political
subdivisions to be set through a state-specific agreement; and
WHEREAS, specifically, this Amended Memorandum of Agreement is intended to serve under
the Bankruptcy Resolutions concerning Purdue Pharma and, Mallinckrodt, and Endo as a
qualifying Statewide Abatement Agreement.
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I. Definitions
As used in this MOA (including the preamble above):
“Approved Uses” shall mean forward-looking strategies, programming, and services to
abate the opioid epidemic that fall within the list of uses on Exhibit A. Consistent with
the terms of the National Settlement Agreements and Bankruptcy Resolutions, “Approved
Uses” shall include the reasonable administrative expenses associated with overseeing and
administering Opioid Settlement Funds. Reimbursement by the State or Local
Governments for past expenses are not Approved Uses.
“Backstop Fund” is defined in Section VI.B below.
“Bankruptcy Defendants” mean any Opioid Supply Chain Participants that have filed for
federal bankruptcy protection, including, but not limited to, Purdue Pharma L.P. and,
Mallinckrodt plc, and Endo International plc.
“Bankruptcy Resolution(s)” means resolutions of claims concerning alleged misconduct in
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic by
the Bankruptcy Defendants entered in bankruptcy court that provide for payments
(including payments through a trust) to both the State and Minnesota counties and
municipalities and allow for the allocation between the state and its political subdivisions
to be set through a state-specific agreement.
“Counsel” is defined in Section VI.B below.
“County Area” shall mean a county in the State of Minnesota plus the Local Governments,
or portion of any Local Government, within that county.
“Governing Body” means (1) for a county, the county commissioners of the county, and
(2) for a municipality, the elected city council or the equivalent legislative body for the
municipality.
“Legislative Modification” is defined in Section II.C below.
“Litigating Local Governments” mean a Local Government that filed an opioid lawsuit(s)
on or before December 3, 2021, as defined in Section VI.B below.
“Local Abatement Funds” are defined in Section II.B below.
“Local Government” means all counties and citiesMinnesota political subdivisions within
the geographic boundaries of the state of Minnesota.
“MDL Matter” means the matter captioned In re National Prescription Opiate Litigation,
MDL 2804, pending in the United States District Court for the Northern District of Ohio.
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“Memorandum of Agreement” or “MOA” means this agreement, the Amended Minnesota
Opioids State-Subdivision Memorandum of Agreement.
“National Settlement Agreements” means the a national opioid settlement agreements with
the Parties and one or all of the Settling Defendants more Opioid Supply Chain Participants
concerning alleged misconduct in manufacture, marketing, promotion, distribution, or
dispensing of an opioid analgesic, which includes structural or payment provisions
requiring or anticipating the participation of both the State and its political subdivisions in
the national opioid settlement agreement and allows for the allocation of Opioid Settlement
Funds between the State and its political subdivisions to be set through a state-specific
agreement.
“Opioid Settlement Funds” shall mean all funds allocated by the National Settlement
Agreements and any Bankruptcy Resolutions to the State and Local Governments for
purposes of opioid remediation activities or restitution, as well as any repayment of those
funds and any interest or investment earnings that may accrue as those funds are
temporarily held before being expended on opioid remediation strategies.
“Opioid Supply Chain Participants” means entities that engage in, or have engaged in, or
have provided consultation services regarding the manufacture, marketing, promotion,
distribution, or dispensing of an opioid analgesic, including, but not limited to, Janssen,
AmerisourceBergen, Cardinal Health, McKesson, Teva Pharmaceuticals, Allergan plc,
CVS Health Corporation, Walgreens Boots Alliance, Inc., and Walmart Inc. “Opioid
Supply Chain Participants” also means all including their subsidiaries, affiliates, officers,
directors, employees, or agents of such entities., acting in their capacity as such.
“Parties” means the State and the Participating Local Governments.
“Participating Local Government” means a county or citypolitical subdivision within the
geographic boundaries of the State of Minnesota that has signed this Memorandum of
Agreement and has executed a release of claims with the Settling Defendants by signing
on to the National Settlement Agreements. For the avoidance of doubt, a Local
Government must sign this MOA to become a “Participating Local Government.”
“Region” is defined in Section II.H below.
“Settling Defendants” means Johnson & Johnson, AmerisourceBergen, Cardinal Health,
and McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a
National Settlement Agreement.
“State” means the State of Minnesota by and through its Attorney General, Keith Ellison.
“State Abatement Fund” is defined in Section II.B below.
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II. Allocation of Settlement Proceeds
A. Method of distribution. Pursuant to the National Settlement Agreements and any
Bankruptcy Resolutions, Opioid Settlement Funds shall be distributed directly to the State
and directly to Participating Local Governments in such proportions and for such uses as
set forth in this MOA, provided Opioid Settlement Funds shall not be considered funds of
the State or any Participating Local Government unless and until such time as each annual
distribution is made.
B. Overall allocation of funds. Opioid Settlement Funds will be initially allocated as follows:
(i) 25% directly to the State (“State Abatement Fund”), and (ii) 75% directly to abatement
funds established by Participating Local Governments (“Local Abatement Funds”). This
initial allocation is subject to modification by Sections II.F, II.G, and II.H, below.
C. Statutory change.
1. The Parties agree to work together in good faith to propose and lobby for legislation
in the 2022 Minnesota legislative session to modify the distribution of the State’s
Opiate Epidemic Response Fund under Minnesota Statutes section 256.043,
subd. 3(d), so that “50 percent of the remaining amount” is no longer appropriated
to county social services, as related to Opioid Settlement Funds that are ultimately
placed into the Minnesota Opiate Epidemic Response Fund (“Legislative
Modification”).1 Such efforts include, but are not limited to, providing testimony
and letters in support of the Legislative Modification.
2. It is the intent of the Parties that the Legislative Modification would affect only the
county share under section 256.043, subd. 3(d), and would not impact the provision
of funds to tribal social service agencies. Further, it is the intent of the Parties that
the Legislative Modification would relate only to disposition of Opioid Settlement
Funds and is not predicated on a change to the distribution of the Board of
Pharmacy fee revenue that is deposited into the Opiate Epidemic Response Fund.
D. Bill Drafting Workgroup. The Parties will work together to convene a Bill Drafting
Workgroup to recommend draft legislation to achieve this Legislative Modification. The
Workgroup will meet as often as practicable in December 2021 and January 2022 until
recommended language is completed. Invitations to participate in the group shall be
extended to the League of Minnesota Cities, the Association of Minnesota Counties, the
Coalition of Greater Minnesota Cities, state agencies, the Governor’s Office, the Attorney
General’s Office, the Opioid Epidemic Response Advisory Council, the Revisor’s Office,
and Minnesota tribal representatives. The Workgroup will host meetings with Members of
1 It is the intent of the Parties that counties will continue to fund child protection services for
children and families who are affected by addiction, in compliance with the Approved Uses in
Exhibit A.
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the Minnesota House of Representatives and Minnesota Senate who have been involved in
this matter to assist in crafting a bill draft.
E. No payments until August 1, 2022. The Parties agree to take all steps necessary to ensure
that any Opioid Settlement Funds ready for distribution directly to the State and
Participating Local Governments under the National Settlement Agreements or
Bankruptcy Resolutions are not actually distributed to the Parties until on or after August
1, 2022, in order to allow the Parties to pursue legislative change that would take effect
before the Opioid Settlement Funds are received by the Parties. Such steps may include,
but are not limited to, the Attorney General’s Office delaying its filing of Consent
Judgments in Minnesota state court memorializing the National Settlement Agreements.
This provision will cease to apply upon the effective date of the Legislative Modification
described above, if that date is prior to August 1, 2022.
F. Effect of no statutory change by August 1, 2022. If the Legislative Modification described
above does not take effect by August 1, 2022, the allocation between the Parties set forth
in Section II.B shall be modified as follows: (i) 40% directly to the State Abatement Fund,
and (ii) 60% to Local Abatement Funds. The Parties further agree to discuss potential
amendment of this MOA if such legislation does not timely go into effect in accordance
with this paragraph.
G. Effect of later statutory change. If the Legislative Modification described above takes
effect after August 1, 2022, the allocation between the Parties will be modified as follows:
(i) 25% directly to the State Abatement Fund, and (ii) 75% to Local Abatement Funds.
H. Effect of partial statutory change. If any legislative action otherwise modifies or
diminishes the direct allocation of Opioid Settlement Funds to Participating Local
Governments so that as a result the Participating Local Governments would receive less
than 75 percent of the Opioid Settlement Funds (inclusive of amounts received by counties
per statutory appropriation through the Minnesota Opiate Epidemic Response Fund), then
the allocation set forth in Section II.B will be modified to ensure Participating Local
Governments receive 75% of the Opioid Settlement Funds.
I. Participating Local Governments receiving payments. The proportions set forth in
Exhibit B provide for payments directly to: (i) all Minnesota counties; and (ii) all
Minnesota cities that (a) have a population of more than 30,000, based on the United States
Census Bureau’s Vintage 2019 population totals, (b) have funded or otherwise managed
an established health care or treatment infrastructure (e.g., health department or similar
agency), or (c) have initiated litigation against the Settling DefendantsAmerisourceBergen,
Cardinal Health, McKesson, or Janssen as of December 3, 2021.
J. Allocation of funds between Participating Local Governments. The Local Abatement
Funds shall be allocated to Participating Local Governments in such proportions as set
forth in Exhibit B, attached hereto and incorporated herein by reference, which is based
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upon the MDL Matter’s Opioid Negotiation Class Model.2 The proportions shall not
change based on population changes during the term of the MOA. However, to the extent
required by the terms of the National Settlement Agreements, the proportions set forth in
Exhibit B must be adjusted: (i) to provide no payment from the National Settlement
Agreements to any listed county or municipality that does not participate in the National
Settlement Agreements; and (ii) to provide a reduced payment from the National
Settlement Agreements to any listed county or city that signs on to the National Settlement
Agreements after the Initial Participation Date.
K. Redistribution in certain situations. In the event a Participating Local Government merges,
dissolves, or ceases to exist, the allocation percentage for that Participating Local
Government shall be redistributed equitably based on the composition of the successor
Local Government. In the event an allocation to a Local Government cannot be paid to the
Local Government, such unpaid allocations will be allocated to Local Abatement Funds
and be distributed in such proportions as set forth in Exhibit B.
L. City may direct payments to county. Any city allocated a share may elect to have its full
share or a portion of its full share of current or future annual distributions of settlement
funds instead directed to the county or counties in which it is located, so long as that county
or counties are Participating Local Governments[s]. Such an election must be made by
January 1 each year to apply to the following fiscal year. If a city is located in more than
one county, the city’s funds will be directed based on the MDL Matter’s Opioid
Negotiation Class Model.
III. Special Revenue Fund
A. Creation of special revenue fund. Every Participating Local Government receiving Opioid
Settlement Funds through direct distribution shall create a separate special revenue fund,
as described below, that is designated for the receipt and expenditure of Opioid Settlement
Funds.
B. Procedures for special revenue fund. Funds in this special revenue fund shall not be
commingled with any other money or funds of the Participating Local Government. The
funds in the special revenue fund shall not be used for any loans or pledge of assets, unless
the loan or pledge is for an Approved Use. Participating Local Governments may not
assign to another entity their rights to receive payments of Opioid Settlement Funds or their
responsibilities for funding decisions, except as provided in Section II.L.
2 More specifically, the proportions in Exhibit B were created based on Exhibit G to the National
Settlement Agreements, which in turn was based on the MDL Matter’s allocation criteria. Cities
under 30,000 in population that had shares under the Exhibit G default allocation were removed
and their shares were proportionally reallocated amongst the remaining subdivisions.
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C. Process for drawing from special revenue funds.
1. Opioid Settlement Funds can be used for a purpose when the Governing Body
includes in its budget or passes a separate resolution authorizing the expenditure of
a stated amount of Opioid Settlement Funds for that purpose or those purposes
during a specified period of time.
2. The budget or resolution must (i) indicate that it is an authorization for expenditures
of opioid settlement funds; (ii) state the specific strategy or strategies the county or
city intends to fund, using the item letter and/or number in Exhibit A to identify
each funded strategy, if applicable; and (iii) state the amount dedicated to each
strategy for a stated period of time.
D. Local government grantmaking. Participating Local Governments may make contracts
with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds.
E. Interest earned on special revenue fund. The funds in the special revenue fund may be
invested, consistent with the investment limitations for local governments, and may be
placed in an interest-bearing bank account. Any interest earned on the special revenue
funds must be used in a way that is consistent with this MOA.
IV. Opioid Remediation Activities
A. Limitation on use of funds. This MOA requires that Opioid Settlement Funds be utilized
only for future opioid remediation activities, and Parties shall expend Opioid Settlement
Funds only for Approved Uses and for expenditures incurred after the effective date of this
MOA, unless execution of the National Settlement Agreements requires a later date.
Opioid Settlement Funds cannot be used to pay litigation costs, expenses, or attorney fees
arising from the enforcement of legal claims related to the opioid epidemic, except for the
portion of Opioid Settlement Funds that comprise the Backstop Fund described in Section
VI. For the avoidance of doubt, counsel for Litigating Local Governments may recover
litigation costs, expenses, or attorney fees from the common benefit, contingency fee, and
cost funds established in the National Settlement Agreements, as well as the Backstop Fund
described in Section VI.
B. Public health departments as Chief Strategists. For Participating Local Governments that
have public health departments, the public health departments shall serve as the lead
agency and Chief Strategist to identify, collaborate, and respond to local issues as Local
Governments decide how to leverage and disburse Opioid Settlement Funds. In their role
as Chief Strategist, public health departments will convene multi-sector meetings and lead
efforts that build upon local efforts like Community Health Assessments and Community
Health Improvement Plans, while fostering community focused and collaborative
evidence-informed approaches that prevent and address addiction across the areas of public
health, human services, and public safety. Chief Strategists should consult with
municipalities located within their county in the development of any Community Health
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Assessment, and are encouraged to collaborate with law enforcement agencies in the
county where appropriate.
C. Administrative expenses. Reasonable administrative costs for the State or Local
Government to administer its allocation of the Opioid Settlement Funds shall not exceed
actual costs, 10% of the relevant allocation of the Opioid Settlement Funds, or any
administrative expense limitation imposed by the National Settlement Agreements or
Bankruptcy Resolution, whichever is less.
D. Regions. Two or more Participating Local Governments may at their discretion form a
new group or utilize an existing group (“Region”) to pool their respective shares of
settlement funds and make joint spending decisions. Participating Local Governments may
choose to create a Region or utilize an existing Region under a joint exercise of powers
under Minn. Stat. § 471.59.
E. Consultation and partnerships.
1. Each county receiving Opioid Settlement Funds must consult annually with the
municipalities in the county regarding future use of the settlement funds in the
county, including by holding an annual meeting with all municipalities in the
county in order to receive input as to proposed uses of the Opioid Settlement Funds
and to encourage collaboration between Local Governments both within and
beyond the county. These meetings shall be open to the public.
2. Participating Local Governments within the same County Area have a duty to
regularly consult with each other to coordinate spending priorities.
3. Participating Local Governments can form partnerships at the local level whereby
Participating Local Governments dedicate a portion of their Opioid Settlement
Funds to support city- or community-based work with local stakeholders and
partners within the Approved Uses.
F. Collaboration. The State and Participating Local Governments must collaborate to
promote effective use of Opioid Settlement Funds, including through the sharing of
expertise, training, and technical assistance. They will also coordinate with trusted
partners, including community stakeholders, to collect and share information about
successful regional and other high-impact strategies and opioid treatment programs.
V. Reporting and Compliance
A. Construction of reporting and compliance provisions. Reporting and compliance
requirements will be developed and mutually agreed upon by the Parties, utilizing the
recommendations provided by the Advisory Panel to the Attorney General on Distribution
and Allocation of Opioid Settlement Funds.
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B. Reporting Workgroup. The Parties will work together to establish a Reporting Workgroup
that includes representatives of the Attorney General’s Office, state stakeholders, and city
and county representatives, who will meet on a regular basis to develop reporting and
compliance recommendations. The Reporting Workgroup must produce a set of reporting
and compliance measures by June 1, 2022. Such reporting and compliance measures will
be effective once approved by representatives of the Attorney General’s Office, the
Governor’s Office, the Association of Minnesota Counties, and the League of Minnesota
Cities that are on the Workgroup.
C. Application of Reporting Addendum and State Law. The requirements of the Reporting
and Compliance Addendum agreed to by the Minnesota Governor’s Office, the Minnesota
Attorney General’s Office, the Association of Minnesota Counties, the League of
Minnesota Cities, and members of the Minnesota Opioid Epidemic Response Advisory
Council, as well as the requirements of Minnesota Statutes section 256.042,
subdivision 5(d), apply to Local Governments receiving Opioid Settlement Funds under
National Settlement Agreements and Bankruptcy Resolutions within the scope of this
MOA.
VI. Backstop Fund
A. National Attorney Fee Fund. When Tthe National Settlement Agreements provide for the
payment of all or a portion of the attorney fees and costs owed by Litigating Local
Governments to private attorneys specifically retained to file suit in the opioid litigation
(“National Attorney Fee Fund”), t. The Parties acknowledge that the National Settlement
Agreements may provide for a portion of the attorney fees of Litigating Local
Governments.
B. Backstop Fund and Waiver of Contingency Fee. The Parties agree that the Participating
Local Governments will create a supplemental attorney fees fund (the “Backstop Fund”)
to be used to compensate private attorneys (“Counsel”) for Local Governments that filed
opioid lawsuits on or before December 3, 2021 (“Litigating Local Governments”). By
order3 dated August 6, 2021, Judge Polster capped all applicable contingent fee agreements
at 15%. Judge Polster’s 15% cap does not limit fees from the National Attorney Fee Fund
or from any state backstop fund for attorney fees, but private attorneys for local
governments must waive their contingent fee agreements to receive payment from the
National Attorney Fee Fund. Judge Polster recognized that a state backstop fund can be
designed to incentivize private attorneys to waive their right to enforce contingent fee
agreements and instead apply to the National Attorney Fee Fund, with the goals of
achieving greater subdivision participation and higher ultimate payouts to both states and
local governments. Accordingly, in order to seek payment from the Backstop Fund,
Counsel must agree to waive their contingency fee agreements relating to these National
Settlement Agreements and first apply to the National Attorney Fee Fund.
3 Order, In re: Nat’l Prescription Opiate Litig., Case No. 17-MD-02804, Doc. No. 3814 (N.D. Ohio
August 6, 2021).
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C. Backstop Fund Source. The Backstop Fund will be funded by seven percent (7%) of the
share of each payment made to the Local Abatement Funds from the National Settlement
Agreements (annual or otherwise), based upon the initial allocation of 25% directly to the
State Abatement Fund and 75% directly to Local Abatement Funds, and will not include
payments resulting from the Purdue, or Mallinckrodt, or Endo Bankruptcies. In the event
that the initial allocation is modified pursuant to Section II.F. above, then the Backstop
Fund will be funded by 8.75% of the share of each payment made to the Local Abatement
Funds from the National Settlement Agreements (annual or otherwise), based upon the
modified allocation of 40% directly to the State Abatement Fund and 60% directly to the
Local Abatement Funds, and will not include payments resulting from the Purdue, or
Mallinckrodt, or Endo Bankruptcies. In the event that the allocation is modified pursuant
to Section II.G. or Section II.H. above, back to an allocation of 25% directly to the State
Abatement Fund and 75% directly to Local Abatement Funds, then the Backstop Fund will
be funded by 7% of the share of each payment made to the Local Abatement Funds from
the National Settlement Agreements (annual or otherwise), and will not include payments
resulting from the Purdue, or Mallinckrodt, or Endo Bankruptcies.
D. Backstop Fund Payment Cap. Any attorney fees paid from the Backstop Fund, together
with any compensation received from the National Settlement Agreements’ Contingency
Fee Fund, shall not exceed 15% of the total gross recovery of the Litigating Local
Governments’ share of funds from the National Settlement Agreements. To avoid doubt,
in no instance will Counsel receive more than 15% of the amount paid to their respective
Litigating Local Government client(s) when taking into account what private attorneys
receive from both the Backstop Fund and any fees received from the National Settlement
Agreements’ Contingency Fee Fund.
E. Requirements to Seek Payment from Backstop Fund. A private attorney may seek payment
from the Backstop Fund in the event that funds received by Counsel from the National
Settlement Agreements’ Contingency Fee Fund are insufficient to cover the amount that
would be due to Counsel under any contingency fee agreement with a Litigating Local
Government based on any recovery Litigating Local Governments receive from the
National Settlement Agreements. Before seeking any payment from the Backstop Fund,
private attorneys must certify that they first sought fees from the National Settlement
Agreements’ Contingency Fee Fund, and must certify that they agreed to accept the
maximum fees payments awarded to them. Nothing in this Section, or in the terms of this
Agreement, shall be construed as a waiver of fees, contractual or otherwise, with respect
to fees that may be recovered under a contingency fee agreement or otherwise from other
past or future settlements, verdicts, or recoveries related to the opioid litigation.
F. Special Master. A special master will administer the Backstop Fund, including overseeing
any distribution, evaluating the requests of Counsel for payment, and determining the
appropriate amount of any payment from the Backstop Fund. The special master will be
selected jointly by the Minnesota Attorney General and the Hennepin County Attorney,
and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug;
or Hon. Jack Van de North. The special master will be compensated from the Backstop
Fund. In the event that a successor special master is needed, the Minnesota Attorney
General and the Hennepin County Attorney will jointly select the successor special master
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from the above-listed individuals. If none of the above-listed individuals is available to
serve as the successor special master, then the Minnesota Attorney General and the
Hennepin County Attorney will jointly select a successor special master from a list of
individuals that is agreed upon between the Minnesota Attorney General, the Hennepin
County Attorney, and Counsel.
G. Special Master Determinations. The special master will determine the amount and timing
of any payment to Counsel from the Backstop Fund. The special master shall make one
determination regarding payment of attorney fees to Counsel, which will apply through the
term of the recovery from the National Settlement Agreements. In making such
determinations, the special master shall consider the amounts that have been or will be
received by the private attorney’s firm from the National Settlement Agreements’
Contingency Fee Fund relating to Litigating Local Governments; the contingency fee
contracts; the dollar amount of recovery for Counsel’s respective clients who are Litigating
Local Governments; the Backstop Fund Payment Cap above; the complexity of the legal
issues involved in the opioid litigation; work done to directly benefit the Local
Governments within the State of Minnesota; and the principles set forth in the Minnesota
Rules of Professional Conduct, including the reasonable and contingency fee principles of
Rule 1.5. In the interest of transparency, Counsel shall provide information in their initial
fee application about the total amount of fees that Counsel have received or will receive
from the National Attorney Fee Fund related to the Litigating Local Governments.
H. Special Master Proceedings. Counsel seeking payment from the Backstop Fund may also
provide written submissions to the special master, which may include declarations from
counsel, summaries relating to the factors described above, and/or attestation regarding
total payments awarded or anticipated from the National Settlement Agreements’
Contingency Fee Fund. Private attorneys shall not be required to disclose work product,
proprietary or confidential information, including but not limited to detailed billing or
lodestar records. To the extent that counsel rely upon written submissions to support their
application to the special master, the special master will incorporate said submission or
summary into the record. Any proceedings before the special master and documents filed
with the special master shall be public, and the special master’s determinations regarding
any payment from the Backstop Funds shall be transparent, public, final, and not
appealable.
I. Distribution of Any Excess Funds. To the extent the special master determines that the
Backstop Fund exceeds the amount necessary for payment to Counsel, the special master
shall distribute any excess amount to Participating Local Governments according to the
percentages set forth in Exhibit B.
J. Term. The Backstop Fund will be administered for (a) the length of the National Litigation
Settlement Agreements’ payments; or (b) until all Counsel for Litigating Local
Governments have either (i) received payments equal to the Backstop Fund Payment Cap
above or (ii) received the full amount determined by the special master; whichever occurs
first.
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K. No State Funds Toward Attorney Fees. For the avoidance of doubt, no portion of the State
Abatement Fund will be used to fund the Backstop Fund or in any other way to fund any
Litigating Local Government’s attorney fees and expenses. Any funds that the State
receives from the National Settlement Agreements as attorney fees and costs or in lieu of
attorney fees and costs, including the Additional Restitution Amounts, will be treated as
State Abatement Funds.
VII. General Terms
A. Scope of agreement.
1. This MOA applies to all settlements under the National Settlement Agreements
with Settling Defendants and the Bankruptcy Resolutions with Bankruptcy
Defendants.4
2. This MOA will also apply to future National Settlement Agreements and
Bankruptcy Resolutions with Opioid Supply Chain Participants that include
structural or payment provisions requiring or anticipating the participation of both
the State and its political subdivisions, and allows for the allocation between the
State and its political subdivisions to be set through a state-specific agreement.
2.3.The Parties agree to discuss the use, as the Parties may deem appropriate in the
future, of the settlement terms set out herein (after any necessary amendments) for
resolutions with Opioid Supply Chain Participants not covered by the National
Settlement Agreements or a Bankruptcy Resolution. The Parties acknowledge that
this MOA does not excuse any requirements placed upon them by the terms of the
National Settlement Agreements or any Bankruptcy Resolution, except to the
extent those terms allow for a State-Subdivision Agreement to do so.
B. When MOA takes effect.
1. This MOA shall become effective at the time a sufficient number of Local
Governments have joined the MOA to qualify this MOA as a State-Subdivision
Agreement under the National Settlement Agreements or as a Statewide Abatement
Agreement under any Bankruptcy Resolution. If this MOA does not thereby
qualify as a State-Subdivision Agreement or Statewide Abatement Agreement, this
MOA will have no effect.
2. The Parties may conditionally agree to sign on to the MOA through a letter of intent,
resolution, or similar written statement, declaration, or pronouncement declaring
their intent to sign on to the MOA if the threshold for Party participation in a
specific Settlement is achieved.
4 For the avoidance of doubt, this includes settlements reached with AmerisourceBergen, Cardinal
Health, and McKesson, and Janssen, Teva Pharmaceuticals, Allergan plc, CVS Health
Corporation, Walgreens Boots Alliance, Inc., and Walmart Inc., and Bankruptcy Resolutions
involving Purdue Pharma L.P., and Mallinckrodt plc, and Endo International plc.
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C. Dispute resolution.
1. If any Party believes another Party has violated the terms of this MOA, the alleging
Party may seek to enforce the terms of this MOA in Ramsey County District Court,
provided the alleging Party first provides notice to the alleged offending Party of
the alleged violation and a reasonable opportunity to cure the alleged violation.
2. If a Party believes another Party, Region, or individual involved in the receipt,
distribution, or administration of Opioid Settlement Funds has violated any
applicable ethics codes or rules, a complaint shall be lodged with the appropriate
forum for handling such matters.
3. If a Party believes another Party, Region, or individual involved in the receipt,
distribution, or administration of Opioid Settlement Funds violated any Minnesota
criminal law, such conduct shall be reported to the appropriate criminal authorities.
D. Amendments. The Parties agree to make such amendments as necessary to implement the
intent of this MOA.
E. Applicable law and venue. Unless otherwise required by the National Settlement
Agreements or a Bankruptcy Resolution, this MOA, including any issues related to
interpretation or enforcement, is governed by the laws of the State of Minnesota. Any
action related to the provisions of this MOA must be adjudicated by the Ramsey County
District Court. If any provision of this MOA is held invalid by any court of competent
jurisdiction, this invalidity does not affect any other provision which can be given effect
without the invalid provision.
F. Relationship of this MOA to other agreements and resolutions. All Parties acknowledge
and agree that the National Settlement Agreements will require a Participating Local
Government to release all its claims as provided in the National Settlement Agreements
against the Settling Defendants to receive direct allocation of Opioid Settlement Funds.
All Parties further acknowledge and agree that based on the terms of the National
Settlement Agreements, a Participating Local Government may receive funds through this
MOA only after complying with all requirements set forth in the National Settlement
Agreements to release its claims. This MOA is not a promise from any Party that any
National Settlement Agreements or Bankruptcy Resolution will be finalized or executed.
G. When MOA is no longer in effect. This MOA is effective until one year after the last date
on which any Opioid Settlement Funds are being spent by the Parties pursuant to the
National Settlement Agreements and any Bankruptcy Resolution.
H. No waiver for failure to exercise. The failure of a Party to exercise any rights under this
MOA will not be deemed to be a waiver of any right or any future rights.
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I. No effect on authority of Parties. Nothing in this MOA should be construed to limit the
power or authority of the State of Minnesota, the Attorney General, or the Local
Governments, except as expressly set forth herein.
J. Signing and execution. This MOA may be executed in counterparts, each of which
constitutes an original, and all of which constitute one and the same agreement. This MOA
may be executed by facsimile or electronic copy in any image format. Each Party
represents that all procedures necessary to authorize such Party’s execution of this MOA
have been performed and that the person signing for such Party has been authorized to
execute the MOA in an official capacity that binds the Party.
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This Amended Minnesota Opioids State-Subdivision Memorandum of Agreement is signed
this ___day of ____________, ______ by:
____________________________________________
Name and Title: _______________________________
On behalf of: _________________________________
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EXHIBIT A
List of Opioid Remediation Uses
Settlement fund recipients shall choose from among abatement strategies, including but not
limited to those listed in this Exhibit. The programs and strategies listed in this Exhibit are not
exclusive, and fund recipients shall have flexibility to modify their abatement approach as
needed and as new uses are discovered.
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use
Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence-
informed programs5 or strategies that may include, but are not limited to, those that:6
1. Expand availability of treatment for OUD and any co-occurring SUD/MH
conditions, including all forms of Medication for Opioid Use Disorder
(“MOUD”)7 approved by the U.S. Food and Drug Administration, including by
making capital expenditures to purchase, rehabilitate, or expand facilities that
offer treatment.
2. Support and reimburse evidence-based services that adhere to the American
Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co-
occurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MOUD, as well as counseling, psychiatric
support, and other treatment and recovery support services.
5 Use of the terms “evidence-based,” “evidence-informed,” or “best practices” shall not limit the
ability of recipients to fund innovative services or those built on culturally specific needs. Rather,
recipients are encouraged to support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions.
6 As used in this Exhibit, words like “expand,” “fund,” “provide” or the like shall not indicate a
preference for new or existing programs.
7 Historically, pharmacological treatment for opioid use disorder was referred to as “Medication-
Assisted Treatment” (“MAT”). It has recently been determined that the better term is “Medication
for Opioid Use Disorder” (“MOUD”). This Exhibit will use “MOUD” going forward. Use of the
term MOUD is not intended to and shall in no way limit abatement programs or strategies now or
into the future as new strategies and terminology evolve.
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4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence-
based or evidence-informed practices such as adequate methadone dosing and low
threshold approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by
qualified professionals and service providers, such as peer recovery coaches, for
persons with OUD and any co-occurring SUD/MH conditions and for persons
who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual
assault, human trafficking, or adverse childhood experiences) and family
members (e.g., surviving family members after an overdose or overdose fatality),
and training of health care personnel to identify and address such trauma.
7. Support detoxification (detox) and withdrawal management services for people
with OUD and any co-occurring SUD/MH conditions, including but not limited to
medical detox, referral to treatment, or connections to other services or supports.
8. Provide training on MOUD for health care providers, first responders, students, or
other supporting professionals, such as peer recovery coaches or recovery
outreach specialists, including telementoring to assist community-based providers
in rural or underserved areas.
9. Support workforce development for addiction professionals who work with
persons with OUD and any co-occurring SUD/MH or mental health conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Offer scholarships and supports for certified addiction counselors, licensed
alcohol and drug counselors, licensed clinical social workers, licensed mental
health counselors, and other mental and behavioral health practitioners or
workers, including peer recovery coaches, peer recovery supports, and treatment
coordinators, involved in addressing OUD and any co-occurring SUD/MH or
mental health conditions, including, but not limited to, training, scholarships,
fellowships, loan repayment programs, continuing education, licensing fees, or
other incentives for providers to work in rural or underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal
Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MOUD for
OUD, and provide technical assistance and professional support to clinicians who
have obtained a DATA 2000 waiver.
13. Dissemination of web-based training curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based
training curriculum and motivational interviewing.
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14. Develop and disseminate new curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service for Medication–
Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any
co-occurring SUD/MH conditions, including housing, transportation, education,
job placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD
and any co-occurring SUD/MH conditions, including supportive housing, peer
support services and counseling, community navigators, case management, and
connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD
and any co-occurring SUD/MH conditions.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance
programs, training for housing providers, or recovery housing programs that allow
or integrate FDA-approved medication with other support services.
5. Provide community support services, including social and legal services, to assist
in deinstitutionalizing persons with OUD and any co-occurring SUD/MH
conditions.
6. Support or expand peer-recovery centers, which may include support groups,
social events, computer access, or other services for persons with OUD and any
co-occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services
for persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for
or recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college
recovery programs, and provide support and technical assistance to increase the
number and capacity of high-quality programs to help those in recovery.
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10. Engage non-profits, faith-based communities, and community coalitions to
support people in treatment and recovery and to support family members in their
efforts to support the person with OUD in the family.
11. Provide training and development of procedures for government staff to
appropriately interact and provide social and other services to individuals with or
in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions, including but not limited to new
Americans, African Americans, and American Indians.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD
and any co-occurring SUD/MH conditions through evidence-based or evidence-informed
programs or strategies that may include, but are not limited to, those that:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for
OUD treatment.
2. Fund Screening, Brief Intervention and Referral to Treatment (“SBIRT”)
programs to reduce the transition from use to disorders, including SBIRT services
to pregnant women who are uninsured or not eligible for Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and
young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the
technology.
5. Expand services such as navigators and on-call teams to begin MOUD in hospital
emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients
on post-discharge planning, including community referrals for MOUD, recovery
case management or support services.
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7. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital
emergency departments for persons with OUD and any co-occurring SUD/MH
conditions or persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support
specialists, to connect individuals to treatment or other appropriate services
following an opioid overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar
settings; offer services, supports, or connections to care to persons with OUD and
any co-occurring SUD/MH conditions or to persons who have experienced an
opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for
treatment.
16. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who
are involved in, are at risk of becoming involved in, or are transitioning out of the
criminal justice system through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for
persons with OUD and any co-occurring SUD/MH conditions, including
established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (“PAARI”);
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2. Active outreach strategies such as the Drug Abuse Response Team
(“DART”) model;
3. “Naloxone Plus” strategies, which work to ensure that individuals who
have received naloxone to reverse the effects of an overdose are then
linked to treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted
Diversion (“LEAD”) model;
5. Officer intervention strategies such as the Leon County, Florida Adult
Civil Citation Network or the Chicago Westside Narcotics Diversion to
Treatment Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-
occurring SUD/MH conditions to evidence-informed treatment, including
MOUD, and related services.
3. Support treatment and recovery courts that provide evidence-based options for
persons with OUD and any co-occurring SUD/MH conditions.
4. Provide evidence-informed treatment, including MOUD, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MOUD, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are leaving jail or prison or have recently left
jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (“CTI”), particularly for individuals living with
dual-diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional
settings.
7. Provide training on best practices for addressing the needs of criminal justice-
involved persons with OUD and any co-occurring SUD/MH conditions to law
enforcement, correctional, or judicial personnel or to providers of treatment,
recovery, harm reduction, case management, or other services offered in
connection with any of the strategies described in this section.
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E. ADDRESS THE NEEDS OF THE PERINATAL POPULATION, CAREGIVERS,
AND FAMILIES, INCLUDING BABIES WITH NEONATAL OPIOID
WITHDRAWAL SYNDROME.
Address the needs of the perinatal population and caregivers with OUD and any co-
occurring SUD/MH conditions, and the needs of their families, including babies with
neonatal opioid withdrawal syndrome (“NOWS”), through evidence-based or evidence-
informed programs or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MOUD,
recovery services and supports, and prevention services for the perinatal
population—or individuals who could become pregnant—who have OUD and
any co-occurring SUD/MH conditions, and other measures to educate and provide
support to caregivers and families affected by Neonatal Opioid Withdrawal
Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including
MOUD, for uninsured individuals with OUD and any co-occurring SUD/MH
conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with the
perinatal population and their families regarding treatment of OUD and any co-
occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for
NOWS babies; expand services for better continuum of care with infant-caregiver
dyad; and expand long-term treatment and services for medical monitoring of
NOWS babies and their caregivers and families.
5. Provide training to health care providers who work with the perinatal population
and caregivers on best practices for compliance with federal requirements that
children born with NOWS get referred to appropriate services and receive a plan
of safe care.
6. Provide child and family supports for caregivers with OUD and any co-occurring
SUD/MH conditions, emphasizing the desire to keep families together.
7. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
8. Offer home-based wrap-around services to persons with OUD and any co-
occurring SUD/MH conditions, including, but not limited to, parent skills
training.
9. Provide support for Children’s Services—Fund additional positions and services,
including supportive housing and other residential services, relating to children
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being removed from the home and/or placed in foster care due to custodial opioid
use.
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing
practices for opioids consistent with the Guidelines for Prescribing Opioids for
Chronic Pain from the U.S. Centers for Disease Control and Prevention, including
providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid
prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training
providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring
Programs (“PDMPs”), including, but not limited to, improvements that:
1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality,
or format of data available to prescribers using PDMPs, by improving the
interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MOUD referrals and follow-up for individuals
identified within PDMP data as likely to experience OUD in a manner that
complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy
and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
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G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include, but are not limited to, the
following:
1. Funding media campaigns to prevent opioid misuse, including but not limited to
focusing on risk factors and early interventions.
2. Corrective advertising or affirmative public education campaigns based on
evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention,
such as reduced social access and physical access, stigma reduction—including
staffing, educational campaigns, support for people in treatment or recovery, or
training of coalitions in evidence-informed implementation, including the
Strategic Prevention Framework developed by the U.S. Substance Abuse and
Mental Health Services Administration (“SAMHSA”).
7. Engaging non-profits and faith-based communities as systems to support
prevention.
8. Funding evidence-based prevention programs in schools or evidence-informed
school and community education programs and campaigns for students, families,
school employees, school athletic programs, parent-teacher and student
associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in
preventing the uptake and use of opioids.
10. Create or support community-based education or intervention services for
families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH
conditions.
11. Support evidence-informed programs or curricula to address mental health needs
of young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health
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workers or other school staff, to address mental health needs in young people that
(when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach
workers, persons being released from jail or prison, or other members of the
general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses
for first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer
support services, referrals to treatment, fentanyl checking, connections to care,
and the full range of harm reduction and treatment services provided by these
programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services,
treatment, recovery supports, health care, or other appropriate services to persons
that use opioids or persons with OUD and any co-occurring SUD/MH conditions.
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12. Providing training in harm reduction strategies to health care providers, students,
peer recovery coaches, recovery outreach specialists, or other professionals that
provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the
following:
1. Law enforcement expenditures related to the opioid epidemic.
2. Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
3. Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes
of addiction and overdose, goals for reducing harms related to the opioid
epidemic, and areas and populations with the greatest needs for treatment
intervention services, and to support training and technical assistance and other
strategies to abate the opioid epidemic described in this opioid abatement strategy
list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid
settlement funds; (b) to show how opioid settlement funds have been spent; (c) to
report program or strategy outcomes; or (d) to track, share or visualize key opioid-
or health-related indicators and supports as identified through collaborative
statewide, regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to
support collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and
any co-occurring SUD/MH conditions, supporting them in treatment or recovery,
connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
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4. Provide resources to staff government oversight and management of opioid
abatement programs.
5. Support multidisciplinary collaborative approaches consisting of, but not limited
to, public health, public safety, behavioral health, harm reduction, and others at
the state, regional, local, nonprofit, and community level to maximize collective
impact.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate
the opioid epidemic through activities, programs, or strategies that may include, but are
not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve
the capability of government, community, and not-for-profit entities to abate the
opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, or implement other strategies to abate the opioid
epidemic described in this opioid abatement strategy list (e.g., health care,
primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and
strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to
opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved
detection of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid
misuse within criminal justice populations that build upon promising
approaches used to address other substances (e.g., Hawaii HOPE and
Dakota 24/7).
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7. Epidemiological surveillance of OUD-related behaviors in critical
populations, including individuals entering the criminal justice system,
including, but not limited to approaches modeled on the Arrestee Drug
Abuse Monitoring (“ADAM”) system.
8. Qualitative and quantitative research regarding public health risks and
harm reduction opportunities within illicit drug markets, including surveys
of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MOUD and their association with
treatment engagement and treatment outcomes.
M. POST-MORTEM
1. Toxicology tests for the range of opioids, including synthetic opioids, seen in
overdose deaths as well as newly evolving synthetic opioids infiltrating the drug
supply.
2. Toxicology method development and method validation for the range of synthetic
opioids observed now and in the future, including the cost of installation,
maintenance, repairs and training of capital equipment.
3. Autopsies in cases of overdose deaths resulting from opioids and synthetic
opioids.
4. Additional storage space/facilities for bodies directly related to opioid or synthetic
opioid related deaths.
5. Comprehensive death investigations for individuals where a death is caused by or
suspected to have been caused by an opioid or synthetic opioid overdose, whether
intentional or accidental (overdose fatality reviews).
6. Indigent burial for unclaimed remains resulting from overdose deaths.
7. Navigation-to-care services for individuals with opioid use disorder who are
encountered by the medical examiner’s office as either family and/or social
network members of decedents dying of opioid overdose.
8. Epidemiologic data management and reporting to public health and public safety
stakeholders regarding opioid overdose fatalities.
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EXHIBIT B
Local Abatement Funds Allocation
Subdivision Allocation Percentage
AITKIN COUNTY 0.5760578506020%
Andover city 0.1364919450741%
ANOKA COUNTY 5.0386504680954%
Apple Valley city 0.2990817344560%
BECKER COUNTY 0.6619330684437%
BELTRAMI COUNTY 0.7640787092763%
BENTON COUNTY 0.6440948102319%
BIG STONE COUNTY 0.1194868774775%
Blaine city 0.4249516912759%
Bloomington city 0.4900195550092%
BLUE EARTH COUNTY 0.6635420704652%
Brooklyn Center city 0.1413853902225%
Brooklyn Park city 0.2804136234778%
BROWN COUNTY 0.3325325415732%
Burnsville city 0.5135361296508%
CARLTON COUNTY 0.9839591749060%
CARVER COUNTY 1.1452829659572%
CASS COUNTY 0.8895681513437%
CHIPPEWA COUNTY 0.2092611794436%
CHISAGO COUNTY 0.9950193750117%
CLAY COUNTY 0.9428475281726%
CLEARWATER COUNTY 0.1858592042741%
COOK COUNTY 0.1074594959729%
Coon Rapids city 0.5772642444915%
Cottage Grove city 0.2810994719143%
COTTONWOOD COUNTY 0.1739065270025%
CROW WING COUNTY 1.1394859174804%
DAKOTA COUNTY 4.4207140602835%
DODGE COUNTY 0.2213963257778%
DOUGLAS COUNTY 0.6021779472345%
Duluth city 1.1502115379896%
Eagan city 0.3657951576014%
Eden Prairie city 0.2552171572659%
Edina city 0.1973054822135%
FARIBAULT COUNTY 0.2169409335358%
FILLMORE COUNTY 0.2329591105316%
FREEBORN COUNTY 0.3507169823793%
GOODHUE COUNTY 0.5616542387089%
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Subdivision Allocation Percentage
GRANT COUNTY 0.0764556498477%
HENNEPIN COUNTY 19.0624622261821%
HOUSTON COUNTY 0.3099019273452%
HUBBARD COUNTY 0.4582368775192%
Inver Grove Heights city 0.2193400520297%
ISANTI COUNTY 0.7712992707537%
ITASCA COUNTY 1.1406408131328%
JACKSON COUNTY 0.1408950443531%
KANABEC COUNTY 0.3078966749987%
KANDIYOHI COUNTY 0.1581167542252%
KITTSON COUNTY 0.0812834506382%
KOOCHICHING COUNTY 0.2612581865885%
LAC QUI PARLE COUNTY 0.0985665133485%
LAKE COUNTY 0.1827750320696%
LAKE OF THE WOODS COUNTY 0.1123105027592%
Lakeville city 0.2822249627090%
LE SUEUR COUNTY 0.3225703347466%
LINCOLN COUNTY 0.1091919983965%
LYON COUNTY 0.2935118186364%
MAHNOMEN COUNTY 0.1416417687922%
Mankato city 0.3698584320930%
Maple Grove city 0.1814019046900%
Maplewood city 0.1875101678223%
MARSHALL COUNTY 0.1296352091057%
MARTIN COUNTY 0.2543064014046%
MCLEOD COUNTY 0.1247104517575%
MEEKER COUNTY 0.3744031515243%
MILLE LACS COUNTY 0.9301506695846%
Minneapolis city 4.8777618689374%
Minnetonka city 0.1967231070869%
Moorhead city 0.4337377037965%
MORRISON COUNTY 0.7178981419196%
MOWER COUNTY 0.5801769148506%
MURRAY COUNTY 0.1348775389165%
NICOLLET COUNTY 0.1572381052896%
NOBLES COUNTY 0.1562005111775%
NORMAN COUNTY 0.1087596675165%
North St. Paul city 0.0575844069340%
OLMSTED COUNTY 1.9236715094724%
OTTER TAIL COUNTY 0.8336175418789%
PENNINGTON COUNTY 0.3082576394945%
PINE COUNTY 0.5671222706703%
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Subdivision Allocation Percentage
PIPESTONE COUNTY 0.1535154503112%
Plymouth city 0.1762541472591%
POLK COUNTY 0.8654291473909%
POPE COUNTY 0.1870129873102%
Proctor city 0.0214374127881%
RAMSEY COUNTY 7.1081424150498%
RED LAKE COUNTY 0.0532649128178%
REDWOOD COUNTY 0.2809842366614%
RENVILLE COUNTY 0.2706888807449%
RICE COUNTY 0.2674764397830%
Richfield city 0.2534018444052%
Rochester city 0.7363082848763%
ROCK COUNTY 0.2043437335735%
ROSEAU COUNTY 0.2517872793025%
Roseville city 0.1721905548771%
Savage city 0.1883576635033%
SCOTT COUNTY 1.3274301645797%
Shakopee city 0.2879873611373%
SHERBURNE COUNTY 1.2543449471994%
SIBLEY COUNTY 0.2393480708456%
ST LOUIS COUNTY 4.7407767169807%
St. Cloud city 0.7330089009029%
St. Louis Park city 0.1476314588229%
St. Paul city 3.7475206797569%
STEARNS COUNTY 2.4158085321227%
STEELE COUNTY 0.3969975262520%
STEVENS COUNTY 0.1439474275223%
SWIFT COUNTY 0.1344167568499%
TODD COUNTY 0.4180909816781%
TRAVERSE COUNTY 0.0903964133868%
WABASHA COUNTY 0.3103038996965%
WADENA COUNTY 0.2644094336575%
WASECA COUNTY 0.2857912156338%
WASHINGTON COUNTY 3.0852862512586%
WATONWAN COUNTY 0.1475626355615%
WILKIN COUNTY 0.0937962507119%
WINONA COUNTY 0.7755267356126%
Woodbury city 0.4677270171716%
WRIGHT COUNTY 1.6985269385427%
YELLOW MEDICINE COUNTY 0.1742264836427%
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Resolution Authorizing Rosemount city Staff to Execute All Necessary Documents
to Ensure Rosemount city Participation in the Multistate Settlements Relating to
Opioid Supply Chain Participants, and in the Minnesota Opioids State-Subdivision
Memorandum of Agreement.
WHEREAS, the State of Minnesota and numerous Minnesota cities and counties are
engaged in nationwide civil litigation against opioid supply chain participants related to
the opioid crisis; and
WHEREAS, the Minnesota Attorney General has signed on to multistate settlement
agreements with several opioid supply chain participants, but those settlement
agreements are still subject to sign-on by local governments and final agreement by the
companies and approval by the courts; and
WHEREAS, for the April 2023 agreements there is a deadline of April, 18 2023, for a
sufficient threshold of Minnesota cities and counties to sign on to the above-referenced
multistate settlement agreements, and failure to timely sign on may diminish the amount
of funds received by not only that city or county but by all Minnesota cities and counties
from the settlement funds; and
WHEREAS, representatives of Minnesota’s local governments, the Office of the Attorney
General, and the State of Minnesota have reached agreement on the intrastate allocation
of these settlement funds between the State, and the counties and cities, as well as the
permissible uses of these funds, which will be memorialized in the Minnesota Opioids
State-Subdivision Memorandum of Agreement, as amended (the “State-Subdivision
Agreement”); and
WHEREAS, the State-Subdivision Agreement creates an opportunity for local governments
and the State to work collaboratively on a unified vision to deliver a robust abatement and
remediation plan to address the opioid crisis in Minnesota;
NOW, THEREFORE, BE IT RESOLVED, Rosemount city supports and agrees to the State-
Subdivision Agreement; and
BE IT FURTHER RESOLVED, Rosemount city supports and opts in to the April 2023
multistate agreement and all future multistate settlement agreements with opioid supply
chain participants; and
BE IT FURTHER RESOLVED, Rosemount city authorizes city staff to execute all necessary
documents to ensure Rosemount city participation in the multistate settlement
agreements, including Participation Agreement(s) and accompanying Release(s), and the
State-Subdivision Agreement(s), unless and until such authority is revoked.
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
EXHIBIT K
Subdivision and Special District Settlement Participation Form
Will your subdivision or special district be signing the settlement participation forms for the Allergan and
Teva Settlements at this time?
[ ] Yes_ta [ ] No_ta
Governmental Entity: Rosemount city State: MN
Authorized Signatory: /officialname_teva_allergan/
Address 1: /address1_teva_allergan/
Address 2: /address2_teva_allergan/
City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/
Phone: /phone_teva_allergan/
Email: /email_teva_allergan/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated
November 22, 2022 (“Allergan Settlement”), and acting through the undersigned authorized official,
hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released
Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Allergan Settlement as
provided therein.
2.Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation
Activities.
3.The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to
the filing of the Consent Judgment, file a request to dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL
Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
4.The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to
Subdivisions and Special Districts as defined therein.
5.By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
6.The Governmental Entity agrees to use any monies it receives through the Allergan Settlement
solely for the purposes provided therein.
1
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
7.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided
in, and for resolving disputes to the extent provided in, the Allergan Settlement.
8.The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.
9.The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not
limited to, all provisions of Section V (Release), and along with all departments, agencies,
divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity whether elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a release to
the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely,
unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in
bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability
for any Released Claims against any Released Entity in any forum whatsoever. The releases
provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as
to give the Released Entities the broadest possible bar against any liability relating in any way
to Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Allergan Settlement shall be a complete bar to any Released Claim.
10.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Allergan Settlement.
11.In connection with the releases provided for in the Allergan Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her, would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Allergan Settlement.
12.Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to
which the Governmental Entity hereby agrees. To the extent this Settlement Participation
Form is interpreted differently from the Allergan Settlement in any respect, the Allergan
Settlement controls.
2
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
I have all necessary power and authorization to execute this Settlement Participation Form on behalf
of the Governmental Entity.
Signature:/signer_1_teva_allergan/
Name:/name_1_teva_allergan/
Title:/title_1_teva_allergan/
Date:/date_1_teva_allergan/
3
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
Exhibit K
Subdivision and Special District Settlement Participation Form
Governmental Entity: Rosemount city State: MN
Authorized Signatory: /officialname_teva_allergan/
Address 1: /address1_teva_allergan/
Address 2: /address2_teva_allergan/
City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/
Phone: /phone_teva_allergan/
Email: /email_teva_allergan/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement
dated November 22, 2022 (“Teva Settlement”), and acting through the undersigned authorized
official, hereby elects to participate in the Teva Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Teva Settlement, understands that
all terms in this Election and Release have the meanings defined therein, and agrees that by
this Election, the Governmental Entity elects to participate in the Teva Settlement as provided
therein.
2.Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Teva Settlement regarding Cessation of Litigation Activities.
3.The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of
the Consent Judgment, file a request to dismiss with prejudice any Released Claims that it has
filed. With respect to any Released Claims pending in In re National Prescription Opiate
Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs’ Executive
Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal
With Prejudice substantially in the form found at https://nationalopioidsettlement.com.
4.The Governmental Entity agrees to the terms of the Teva Settlement pertaining to
Subdivisions as defined therein.
5.By agreeing to the terms of the Teva Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
6.The Governmental Entity agrees to use any monies it receives through the Teva Settlement
solely for the purposes provided therein.
7.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided
in, and for resolving disputes to the extent provided in, the Teva Settlement.
1
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
8.The Governmental Entity has the right to enforce the Teva Settlement as provided therein.
9.The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Teva Settlement, including but not limited
to all provisions of Section V (Release), and along with all departments, agencies, divisions,
boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and
irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought,
filed, or claimed, or to otherwise seek to establish liability for any Released Claims against
any Released Entity in any forum whatsoever. The releases provided for in the Teva
Settlement are intended by Released Entitles and the Governmental Entity to be broad and
shall be interpreted so as to give the Released Entities the broadest possible bar against any
liability relating in any way to Released Claims and extend to the full extent of the power of
the Governmental Entity to release claims. The Teva Settlement shall be a complete bar to
any Released Claim.
10.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Teva Settlement.
11.In connection with the releases provided for in the Teva Settlement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and benefits
conferred by any law of any state or territory of the United States or other jurisdiction, or
principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims
that the creditor or releasing party does not know or suspect to exist in
his or her favor at the time of executing the release that, if known by
him or her, would have materially affected his or her settlement with
the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Teva Settlement.
12.Nothing herein is intended to modify in any way the terms of the Teva Settlement, to which
Governmental Entity hereby agrees. To the extent this Election and Release is interpreted
differently from the Teva Settlement in any respect, the Teva Settlement controls.
2
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:/signer_1_teva_allergan/
Name:/name_1_teva_allergan/
Title:/title_1_teva_allergan/
Date:/date_1_teva_allergan/
3
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
EXHIBIT K
Subdivision Participation and Release Form
Will your subdivision or special district be signing the settlement participation form for the CVS
Settlement at this time?
[ ] Yes_cv [ ] No_cv
Governmental Entity: Rosemount city State: MN
Authorized Signatory: /officialname_cvs/
Address 1: /address1_cvs/
Address 2: /address2_cvs/
City, State, Zip: /cit_cv/ /state_cv/ /zi_cv/
Phone: /phone_cvs/
Email: /email_cvs/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 (“CVS Settlement”), and acting through the undersigned authorized
official, hereby elects to participate in the CVS Settlement, release all Released Claims against all
Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the CVS Settlement, understands that all
terms in this Participation and Release Form have the meanings defined therein, and agrees that
by executing this Participation and Release Form, the Governmental Entity elects to participate
in the CVS Settlement and become a Participating Subdivision as provided therein.
2.The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
3.The Governmental Entity agrees to the terms of the CVS Settlement pertaining to Participating
Subdivisions as defined therein.
4.By agreeing to the terms of the CVS Settlement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary payments
beginning after the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the CVS Settlement
solely for the purposes provided therein.
1
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
6.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided in,
and for resolving disputes to the extent provided in, the CVS Settlement. The Governmental
Entity likewise agrees to arbitrate before the National Arbitration Panel as provided in, and for
resolving disputes to the extent otherwise provided in, the CVS Settlement.
7.The Governmental Entity has the right to enforce the CVS Settlement as provided therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the CVS Settlement, including without limitation all provisions of Section XI
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in the definition of Releasor,
provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the CVS Settlement are intended by the Parties to be
broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The CVS Settlement shall be a complete
bar to any Released Claim.
9.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the CVS Settlement.
10.In connection with the releases provided for in the CVS Settlement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and benefits
conferred by any law of any state or territory of the United States or other jurisdiction, or
principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her would
have materially affected his or her settlement with the debtor or released
party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity
hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the
Effective Date, any and all Released Claims that may exist as of such date but which Releasors do
not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no
fault whatsoever, and which, if known, would materially affect the Governmental Entities’
decision to participate in the CVS Settlement.
2
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
11.Nothing herein is intended to modify in any way the terms of the CVS Settlement, to which
Governmental Entity hereby agrees. To the extent this Participation and Release Form is
interpreted differently from the CVS Settlement in any respect, the CVS Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:/signer_1_cvs/
Name:/name_1_cvs/
Title:/title_1_cvs/
Date:/date_1_cvs/
3
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
EXHIBIT K
Subdivision Participation and Release Form
Will your subdivision or special district be signing the settlement participation form for the Walgreens
Settlement at this time?
[ ] Yes_wg [ ] No_wg
Governmental Entity: Rosemount city State: MN
Authorized Signatory: /officialname_walgreens/
Address 1: /address1_ walgreens/
Address 2: /address2_ walgreens/
City, State, Zip: /cit_wg/ /state_wg/ /zi_wg/
Phone: /phone_walgreens/
Email: /email_walgreens/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated December 9, 2022 (“Walgreens Settlement”), and acting through the undersigned
authorized official, hereby elects to participate in the Walgreens Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Walgreens Settlement, understands
that all terms in this Participation and Release Form have the meanings defined therein, and
agrees that by executing this Participation and Release Form, the Governmental Entity elects to
participate in the Walgreens Settlement and become a Participating Subdivision as provided
therein.
2.The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes
the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal with Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
3.The Governmental Entity agrees to the terms of the Walgreens Settlement pertaining to
Participating Subdivisions as defined therein.
4.By agreeing to the terms of the Walgreens Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the Walgreens
Settlement solely for the purposes provided therein.
1
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
6.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided in,
and for resolving disputes to the extent provided in, the Walgreens Settlement. The
Governmental Entity likewise agrees to arbitrate before the National Arbitration Panel as
provided in, and for resolving disputes to the extent otherwise provided in, the Walgreens
Settlement.
7.The Governmental Entity has the right to enforce the Walgreens Settlement as provided therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walgreens Settlement, including without limitation all provisions of Section XI
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected or
appointed to serve any of the foregoing and any agency, person, or other entity claiming by or
through any of the foregoing, and any other entity identified in the definition of Releasor,
provides for a release to the fullest extent of its authority. As a Releasor, the Governmental
Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or
claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to
establish liability for any Released Claims against any Released Entity in any forum
whatsoever. The releases provided for in the Walgreens Settlement are intended by the Parties
to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar
against any liability relating in any way to Released Claims and extend to the full extent of the
power of the Governmental Entity to release claims. The Walgreens Settlement shall be a
complete bar to any Released Claim.
9.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Walgreens Settlement.
10.In connection with the releases provided for in the Walgreens Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Walgreens Settlement.
2
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
11.Nothing herein is intended to modify in any way the terms of the Walgreens Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release Form
is interpreted differently from the Walgreens Settlement in any respect, the Walgreens
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release Form on
behalf of the Governmental Entity.
Signature:/signer_1_walgreens/
Name:/name_1_walgreens/
Title:/title_1_walgreens/
Date:/date_1_walgreens/
3
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
EXHIBIT K
Subdivision Participation Form
Will your subdivision or special district be signing the settlement participation form for the Walmart
Settlement at this time?
[ ] Yes_wm [ ] No_wm
Governmental Entity: Rosemount city State: MN
Authorized Official: /officialname_walmart/
Address 1: /address1_walmart/
Address 2: /address2_walmart/
City, State, Zip: /cit_wm/ /state_wm/ /zi_wm/
Phone: /phone_walmart/
Email: /email_walmart/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated November 14, 2022 (“Walmart Settlement”), and acting through the undersigned
authorized official, hereby elects to participate in the Walmart Settlement, release all Released Claims
against all Released Entities, and agrees as follows.
1. The Governmental Entity is aware of and has reviewed the Walmart Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Walmart Settlement and
become a Participating Subdivision as provided therein.
2. The Governmental Entity shall promptly, and in any event within 14 days of the Effective
Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the
Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioidsettlement.com/.
3. The Governmental Entity agrees to the terms of the Walmart Settlement pertaining to
Subdivisions as defined therein.
4. By agreeing to the terms of the Walmart Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5. The Governmental Entity agrees to use any monies it receives through the Walmart
Settlement solely for the purposes provided therein.
1
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
6.The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role
as provided in, and for resolving disputes to the extent provided in, the Walmart
Settlement.
7.The Governmental Entity has the right to enforce the Walmart Settlement as provided
therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Walmart Settlement, including but not limited to all provisions of Section X
(Release), and along with all departments, agencies, divisions, boards, commissions, districts,
instrumentalities of any kind and attorneys, and any person in their official capacity elected
or appointed to serve any of the foregoing and any agency, person, or other entity claiming
by or through any of the foregoing, and any other entity identified in the definition of
Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the
Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to
bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to
otherwise seek to establish liability for any Released Claims against any Released Entity in
any forum whatsoever. The releases provided for in the Walmart Settlement are intended by
the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest
possible bar against any liability relating in any way to Released Claims and extend to the
full extent of the power of the Governmental Entity to release claims. The Walmart
Settlement shall be a complete bar to any Released Claim.
9.In connection with the releases provided for in the Walmart Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor at the
time of executing the release that, if known by him or her, would have materially
affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Walmart Settlement.
10.Nothing herein is intended to modify in any way the terms of the Walmart Settlement, to
which Governmental Entity hereby agrees. To the extent this Election and Release is
interpreted differently from the Walmart Settlement in any respect, the Walmart Settlement
controls.
2
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96
I have all necessary power and authorization to execute this Election and Release on behalf of the
Governmental Entity.
Signature:/signer_1_walmart/
Name:/name_1_walmart/
Title:/title_1_walmart/
Date:/date_1_walmart/
3
DocuSign Envelope ID: 22F0A204-D813-4E73-8D10-6FF7F1308D96