Distribution of settlement funds by the Pennsylvania Opioid Misuse and Addiction Abatement Trust is governed by the terms set forth in the Order. The Order allocates 15% of funds to the Commonwealth of Pennsylvania, 70% to counties, and 15% to litigating subdivisions. In 2022, disbursements were made to the Commonwealth, counties, and subdivisions in August and in December, as settlement funds were received.
Beginning in 2023, disbursements will be made annually per the terms set forth in the Order:
- By September 1: Notification of payments from the Trust to counties and subdivisions.
- By November 15: Counties and subdivisions submit an annual certification to the Trust.
- On or about December 15: The Trust distributes funds to counties and subdivisions.
- On or about June 15: The Trust distributes funds to the Commonwealth.
On August 30, 2023, an Excel file with spreadsheets created by the Pennsylvania Office of Attorney General containing information regarding the 2023 estimated disbursements from the Pennsylvania Opioid Misuse and Addiction Abatement Trust (the “Trust”) was sent to distributees and posted to this website. Inadvertently omitted from the Excel file were payments to certain Litigating Subdivisions that participated in litigation against Mallinckrodt Pharmaceuticals.
A revised Excel file of the current best estimates of disbursements for 2023 is available here. These revisions impact the estimated disbursements from the Mallinckrodt settlement only, and do not impact any distributions to be made in accordance with the Distributors and J&J settlements. A memorandum providing assistance in interpreting the 2023 Estimated Disbursements was included with the Trust’s August 30, 2023 communication and remains applicable to the revised notice.
Recipients of funds from the Trust are reminded that to receive funds, an entity must submit a Certification Form no later than November 15 each year. Please note that 2023 payments will be distributed according to the payment information provided by a payee in 2022 unless a different method of payment is requested by the payee.
Payments received and disbursements allocated to the Commonwealth, counties, and subdivisions in 2022, and estimates for 2023, can be found here.
Spending and Reporting
Settlement funds must be spent according to the uses authorized in the settlement agreements and in accordance with Exhibit E. All funds must be spent within 18 months of receipt by the recipient unless a county or subdivision elects to use such funds for a multi-year capital project in accordance with Exhibit E.
Counties and subdivisions wishing to request a 6-month extension, beyond 18 months of receipt of funds, will have the option to request an extension when completing their annual report to the Trust. Due by March 15 each year, this report must include the actual expenditures of such funds and the amount of funds received but not spent by the close of the previous calendar year. At a special meeting on March 1, 2023, the Trust waived the reporting requirements for 2023. Reports on expenditures for the period from September 1, 2022 through December 31, 2023 must be submitted by March 15, 2024.
- A county or subdivision received their first payment on August 31, 2022. This county or subdivision may request an extension when completing their first report (due by March 15, 2024) to use these funds by August 31, 2024.
- A county or subdivision received their second payment on December 30, 2022. This county or subdivision may request an extension when completing their first report (due by March 15, 2024) to use these funds by December 30, 2024.
While these first two extensions must be requested, they will automatically be granted. No further extensions will automatically be granted. If a county or subdivision has not expended the funds or requested an extension when completing their report, further funds will be withheld until the payee is found to be within compliance; after 6 months forfeiture of funds may occur. Note: for funds to be considered expended, they must be spent or committed with a signed contract or memorandum of understanding.
On November 20, 2023, information regarding POMAAT Reporting Requirements for the Period September 1, 2022 - December 31, 2023 was sent to Counties and Litigating Subdivisions. This information included a preview of the POMAAT Settlement Allocation Report and POMAAT Settlement Reporting Tool Instructions. Webinars will be hosted in December 2023 and January 2024 for County and Litigating Subdivision contacts to preview the tool and ask questions. A recording of the webinar will be added to this site for those unable to join one of the live sessions.
In addition to the annual report to the Trust, non-opioid related expenditures must be reported to the National Administrators every six months. The reporting periods are January 1 through June 30 and July 1 through December 31. Any Participating Subdivision that spent settlement funds for non-opioid remediation purposes, must notify the Trust of the amount and purpose of the expenditure(s) within 90 days of the applicable reporting period.