State reviewing $26 billion settlement offer on opioids
A bipartisan group of state attorneys general revealed a $26 billion national settlement this week with drugmaker Johnson & Johnson and three companies that distributed opioid painkillers. Michigan Attorney General Dana Nessel announced Michigan could see up to $800 million of the grand total. Nessel has 30 days to review the documents and decide to sign on to the settlement. After that, local units of government will have 150 days to do the same.
Details released at this point are as follows:
Funding overview
- The three distributors collectively will pay up to $21 billion over 18 years.
- Johnson & Johnson will pay up to $5 billion over nine years with up to $3.7 billion paid during the first three years.
- The total funding distributed will be determined by the overall degree of participation by both litigating and non-litigating state and local governments.
- The substantial majority of the money is to be spent on opioid treatment and prevention.
- Each state’s share of the funding has been determined by agreement among the states using a formula that takes into account the population of the state along with the impact of the crisis on the state – the number of overdose deaths, the number of residents with substance use disorder, and the number of opioids prescribed.
Injunctive relief overview
Requires Cardinal, McKesson and AmerisourceBergen, through court orders, to:
- Establish a centralized independent clearinghouse to provide all three distributors and state regulators with aggregated data and analytics about where drugs are going and how often, eliminating blind spots in the current systems used by distributors.
- Use data-driven systems to detect suspicious opioid orders from customer pharmacies.
- Terminate customer pharmacies’ ability to receive shipments, and report those companies to state regulators, when they show certain signs of diversion.
- Prohibit shipping of and report suspicious opioid orders.
- Prohibit sales staff from influencing decisions related to identifying suspicious opioid orders.
- Require senior corporate officials to engage in regular oversight of anti-diversion efforts.
Requires Johnson & Johnson, through court orders, to:
- Stop selling opioids.
- Not fund or provide grants to third parties for promoting opioids.
- Not lobby on activities related to opioids.
- Share clinical trial data under the Yale University Open Data Access Project.
While this has been a long-awaited settlement, there is still much in the process to come. MAC will continue to be a resource for counties as needed regarding this matter. Please reach out to Meghann Keit-Corrion at keit@micounties.org with any questions.
Wayne’s Bell, Shiawassee’s Webster picked for juvenile justice group
Alisha Bell of Wayne County and Marlene Webster of Shiawassee County were named this week to the state’s Task Force on Juvenile Justice Reform, Gov. Gretchen Whitmer’s office announced.
In June 2021, Whitmer signed Executive Order 2021-6 creating the Task Force on Juvenile Justice, which will be chaired by Lt. Gov. Garlin Gilchrist and “will focus on analyzing our juvenile justice system, while recommending proven practices and strategies for reform grounded in data, research, and fundamental constitutional principles.”
“Reimagining Michigan’s juvenile justice system will take collaboration, innovation, and information,” said Michigan Supreme Court Justice Elizabeth T. Clement, who will serve on the panel and who spoke on juvenile justice issues at MAC’s 2021 Legislative Conference. “We will make Michigan a national leader in providing the support children need to stay out of the criminal justice system and on a path to success.”
Bell, chair of Wayne’s commission and a board member of the National Association of Counties (NACo) has long been active in criminal justice and juvenile justice issues. In recent years, she has advocated for cash bond reform and initiated the Stepping Up resolution which diverts people with mental illness and substance abuse from jails and into treatment.
“I look forward to working with other task force members to find ways to help young people by creating reforms that will help them find better paths to success,” Bell said in a statement.
Bell and Webster, who will represent counties with fewer than 100,000 residents, will serve terms through July 2023.
For more information on MAC’s juvenile justice positions, contact Meghann Keit-Corrion at keit@micounties.org.
Podcast 83 discusses community-building with foundation leaders
MAC’s Podcast 83 team is taking a summer hiatus from live broadcasts. In the latest of a series of newsmaker interviews for the summer, Podcast 83 hosted Kyle Caldwell of the Council of Michigan Foundations and Diana Sieger of the Grand Rapids Community Foundation.
MAC’s Steve Currie talked with them about foundation-county opportunities with American Rescue Plan funds.
Click here to view the episode.
Members can view any previous episode of the podcast on the podcast webpage.
Regional Summits held in Grand Rapids, Frankenmuth
MAC’s Deena Bosworth discusses legislative issues with attendees at the July 22 summit in Frankenmuth.
About 60 county leaders gathered in two locations this week as MAC resumed in-person events with its 2021 Regional Summit series.
The summits are one-day events designed to give commissioners and others a quick look at key public policy topics. This week’s sessions, in Grand Rapids and Frankenmuth, for example, focused heavily on the effects of COVID-19, both in how counties can best utilize federal aid and protect their work forces as the virus still rages.
“It was good to be able to gather county leaders again, since an important part of these sessions is the opportunity for commissioners from different counties to share concerns and tips with each other,” said Executive Director Stephan Currie.
The 2021 summit series wraps up next week with sessions in Escanaba (July 26) and Gaylord (July 29). You can still register for the July 29 session by sending an email to conference@micounties.org.
Once the summits are complete, presentation slides will be posted to MAC’s website and shared with members.
Legislature uses referendum to repeal 1945 law on emergency powers
Acting on a referendum petition from the group Unlock Michigan, the Republican-led Legislature this week completed the repeal of the Emergency Powers of Governor Act of 1945, the law Gov. Gretchen Whitmer used extensively in 2020 to issue emergency orders on COVID-19.
The Michigan Supreme Court had previously declared the act unconstitutional.
Under Article II, Section 9 of the Michigan Constitution, residents can move a referendum petition on an act of the Legislature. The Legislature then has 40 days to act on the petition or the matter goes to the voters. The Senate supported petition’s call for repeal on a party line 20-15 vote, while the House approved it 60-48, with four Democrats voting with Republican majority. Under the referendum process, the governor cannot veto these actions. The House voted for the repeal to take effect immediately, however the Senate did not, so the official repeal of the act will occur 90 days after the Legislature formally adjourns during the current legislative session.
Staff picks
Shotwell, longtime Jackson commissioner, passes (MLive.com)
- Employee leave in the public sector: Current challenges and solutions (UKG.com)
- COVID-19 pandemic takes a bite out of state motor fuel taxes (Citizens Research Council)
- As electric vehicles take off, states test taxing options (Governing)
MAC is working with the state of Michigan and local government groups on a match program to earmark close to $4 billion in state American Rescue Plan (ARP) funds to invest, amplify and leverage the influx of federal funding to local governments.
The Michigan Senate this week adopted a supplemental spending bill to spend $385 million for the current budget year, which runs through Sept. 30.
Bills to revamp Michigan’s public mental health system were filed this week by Senate Majority Leader Mike Shirkey (R-Jackson) which would shift Michigan’s system away from public oversight and shift responsibility for managing public services and supports to private health plans.
A delegation of Michigan commissioners led by MAC President Veronica Klinefelt of Macomb County and First Vice President Phil Kuyers of Ottawa County attended the 2021 NACo Annual Conference July 9-12 near Washington, D.C.
Gerry Corkin, who has served more than 30 years as the chair of the Marquette County Board of Commissioners, was honored in June with the naming of street. Gerald Corkin Drive will provide access to the local airport and the SEI Facility, among other locations.
The Michigan Department of Health and Human Services (MDHHS) has launched a survey on buprenorphine prescribing practices, barriers and facilitators for the treatment of opioid use disorder. MDHHS sent a survey invitation email to all X-waivered providers in Michigan. This email includes a link to the survey along with a unique identifier code that must be entered at the beginning of the survey.
Staff picks
The Michigan House and Senate came together on a small piece of the budget this week — unfortunately not one that includes revenue sharing payments for counties or an additional $110 million for nursing facilities. All that the Senate and House could agree on prior to a July 1 deadline for delivering an FY22 state budget, was a bipartisan deal to close per pupil foundational allowance gap so each school will see a $8,700 per pupil base amount.
The Michigan Association of Counties (MAC) and Michigan County Medical Care Facilities Council (MCMCFC) are pleased to welcome attendees back to in-person events for the 2021 Michigan Counties Annual Conference held on Mackinac Island from Sept. 26-28. The event will provide attendees with trending policy briefings, networking with colleagues and specialized breakouts designed for MCMCFC members to earn Continuing Education credits.
Two bills were introduced this week to help local communities deal with providing increased public safety measures specific to exponential increases in tourism. Several regions across the state, not just Northern Michigan, are draining their taxpayer public safety funds to take care of large increases in tourism in their areas that require increased police road patrols, search and rescue missions, patrolling of municipal campgrounds, etc.
In the first of a special series of interview episodes for the summer, Podcast 83 welcomes Jessica Jennings of the National Association of Counties to discuss infrastructure spending and federal aid.
MAC offices to close for holiday; Legislative Update will skip July 9
With COVID case trends continuing to decline, state entities are lifting more of the restrictions and regulations adopted to address the coronavirus pandemic.
A MAC-supported revamp of the handling aid to Michigan veterans was signed into law this week by Gov. Gretchen Whitmer.
Legislation opposed by MAC to expand binding arbitration in labor disputes with corrections officers passed the House of Representatives this week, 97- 10.
A bill that prohibits a county from enacting or enforcing any law, ordinance, rule or policy that prevents an individual from cooperating with federal officials regarding the immigration status of another person passed out of the Military, Veterans, and Homeland Security Committee this week. The legislation now moves to the House floor.
The Michigan County Medical Care Facilities Council (MCMCFC) testified in support of legislation to address workforce shortages in nursing centers before the House Health Policy Committee this week.
Legislation to restore the operations of the Michigan Court of Claims to its historical practices cleared the House of Representatives this week with large, bipartisan majorities.
The Michigan Department of Treasury and Michigan State University Extension (MSU Extension) are excited to announce our next four “Fiscally Ready Communities” training opportunities. Each FREE training is 90-minute webinar designed to assist appointed and elected officials with entry and intermediate budgeting knowledge.
Staff picks
