October 18, 2023

Quarterly Opioid Settlement Certifications Required

A common misperception among cities that received funds from the global opioid settlement involves the quarterly certification requirements. Cities are required to submit the KYOAAC Certification to the opioid abatement advisory commission each quarter, regardless of whether opioid monies are spent.

Confusion around the certification requirement stems from emails that cities received from Brown Greer, the opioid settlement administrator. Brown Greer’s email states that recipients are not required to submit a report unless opioid monies have been spent on expenses other than those authorized by the settlement. The reports referenced in the email are those required under the opioid settlement agreement, which are separate from those required by state law.

The opioid settlement agreement requires fund recipients to report unauthorized expenditures of opioid funds. Under the agreement, these reports can be submitted by individual recipients or by the state entity responsible for the settlement. In Kentucky, the Kentucky Office of Attorney General (KYOAG) assumed the reporting requirements for all government entities that have received settlement funds. Kentucky law mandates that local governments provide quarterly reporting to the KYOAG to ensure that the KYOAG has the necessary information to compile the reports.

KRS 15.293 governs the distribution of Kentucky’s portion of all opioid settlement agreements. The statute also authorizes the KYOAG to adopt administrative regulations to implement reporting requirements. 40 KAR 9:020, Section 2 requires local governments that received opioid settlement funds to provide quarterly certifications to the KYOAG on March 31, June 30, Sept. 30, and Dec. 31 of each year on the KYOACC Certification form.

Please contact the KLC Municipal Law Department for more information on this or any other municipal law matters.