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A sculpture made from prescription pill bottles is displayed during a protest by advocates outside the Department of Justice in Washington.
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Editorial: Lackluster accountability continues to mar Pa.'s opioid settlement spending

Carolyn Kaster/AP

Editorial: Lackluster accountability continues to mar Pa.'s opioid settlement spending

Penn­syl­va­nia gov­ern­ments will re­ceive and dis­trib­ute over $1 bil­lion in funds from the his­toric set­tle­ment with opi­oid com­pa­nies that juiced the ep­i­demic of ad­dic­tion. This once-in-a-life­time op­por­tu­nity to slow the tide of death and de­spair must not be wasted. We will never have this much money again.

That means that those de­cid­ing how this pub­lic money will be spent must be com­pletely trans­par­ent in what de­ci­sions they make and why they make them, and must be ac­count­able for any fail­ures.

The Penn­syl­va­nia Opi­oid Mi­s­use and Ad­dic­tion Abate­ment Trust con­tin­ues to fail to be com­pletely trans­par­ent, while hold­ing coun­ties ac­count­able for their use of set­tle­ment funds with no pub­lic rea­son­ing, of­ten mak­ing its de­ci­sions af­ter-the-fact.

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In Western Penn­syl­va­nia, some ap­pro­pri­a­tions in out­ly­ing coun­ties have been re­jected by the trust, and oth­ers raise ques­tions about whether the wind­fall is be­ing put to the most ef­fec­tive uses.

Ex­hibit E

Over­all, the state’s sys­tem of dis­trib­ut­ing and track­ing opi­oid set­tle­ment funds lacks the struc­tures needed to en­sure their ef­fi­cacy. Trans­par­ency and ac­count­abil­ity are the only way to en­sure that opi­oid cri­sis set­tle­ment funds con­tinue be­ing tar­geted di­rectly at fix­ing this cri­sis — and not to­wards un­suc­cess­ful treat­ments or fill­ing un­re­lated bud­get gaps or boost­ing law en­force­ment.

The ap­proved meth­ods for spend­ing this money are con­tained in an ex­pan­sive doc­u­ment called Ex­hibit E. It gives coun­ties broad lat­i­tude to de­cide what ex­pen­di­tures would do the most good in their par­tic­u­lar cir­cum­stances, and that’s good.

For ex­am­ple, it al­lows in­di­rect spend­ing to tackle the cri­sis, such as pay­ing for pa­tients’ trans­por­ta­tion to opi­oid treat­ment pro­grams or re­search­ing non-opi­oid meth­ods to treat chronic pain.

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But not ev­ery treat­ment Ex­hibit E al­lows is ac­tu­ally ef­fec­tive. Spe­cif­i­cally, some meth­ods for “pre­ven­tion” are proven to work and oth­ers just as­sumed or hoped to be help­ful, and some of those will fail.

Coun­ties must prove the ef­fec­tive­ness of the pro­grams they fund — track­ing how many peo­ple they work with and their out­comes — or lose the fund­ing. Or­ga­ni­za­tions that work with peo­ple with opi­oid use dis­or­der must show how many cli­ents they suc­cess­fully get into le­git­i­mate treat­ment pro­to­cols.

That’s the only way to dis­tin­guish pro­grams that help peo­ple from those that don’t. Some funded pro­grams in Western Penn­syl­va­nia might not check all the ex­perts’ boxes, but may still have suc­cess in their com­mu­ni­ties.

Does it work?

For ex­am­ple, West­more­land County has spent nearly $60,000 to res­ur­rect the 1980s anti-drug cur­ric­u­lum Drug Abuse Re­sis­tance Ed­u­ca­tion, or DARE. Given the pro­gram’s long his­tory of me­di­o­cre (at best) re­sults, the county needs to prove that it helps the peo­ple in the pro­gram, and does so as ef­fec­tively as oth­ers.

The most cu­ri­ous ex­pen­di­ture may be But­ler’s $100,000 for the Hope is Dope com­mu­nity out­reach pro­gram, through But­ler County Com­mu­nity Col­lege. The cur­rent and only in­struc­tor, Steve Treu, runs an or­ga­ni­za­tion called Quan­tum Revo­lu­tion Coun­sel­ing, where he teaches well-be­ing on the ba­sis of an­cient oc­cult texts.

While the Emer­ald Tab­let (or en­ergy heal­ing or any­thing of the sort) gen­er­ally does not ap­pear among pub­lic health best prac­tices, it’s pos­si­ble — and com­mu­nity me­dia re­ports sug­gest this may be the case — that Mr. Treu’s per­sonal cha­risma and com­mu­nity-build­ing ef­forts re­ally do make a dif­fer­ence for his cli­ents.

Even so, But­ler County, and other coun­ties, must ask for real, doc­u­mented re­sults be­fore po­ny­ing up more fund­ing. That means de­tailed in­for­ma­tion on what the funds were ac­tu­ally used for and statis­ti­cal anal­y­sis of cli­ents. Pro­grams need to show that the money al­lowed them to serve more peo­ple and that their drug use was re­duced and their lives were ac­tu­ally im­proved.

Un­for­tu­nately, some coun­ties’ ac­count­ing of their own spend­ing has al­ready been lack­lus­ter. Paper­work filed with the Opi­oid Trust of­ten has blank fields, in­clud­ing in the all-im­por­tant de­scrip­tion of in­tended uses for funds. The Trust must be clear with coun­ties about its ex­pec­ta­tions — and then en­force them by withholding or retracting funds.

Trust­ing the Trust

One county where the Trust’s en­force­ment has al­ready been vis­i­ble is Law­rence. There, $17,000 went to up­grade in­for­ma­tion sys­tems in five Mahon­ing Town­ship po­lice cruis­ers. The dis­trict at­tor­ney in­stalled high-tech traf­fic cam­eras for $140,000. Another $41,000 was in­vested in dif­fer­ent types of drug and tox­i­col­ogy tests for the cor­o­ner’s of­fice.

These pay­ments don’t sup­port vic­tims of opi­oid ad­dic­tion and the the Opi­oid Trust rightly re­jected them. How­ever, the Trust does not pub­licly ex­plain its de­ci­sions, leav­ing other coun­ties to guess at its rea­son­ing and make de­ci­sions ac­cord­ingly. More pre­cise and public guid­ance would be help­ful to de­ci­sion-mak­ers and to the pub­lic.

This is part of a pat­tern of opac­ity at the Trust, which has al­ready bra­zenly skirted Sun­shine Law pro­vi­sions in its de­lib­er­a­tions. It’s hard to de­mand trans­par­ency and ac­count­abil­ity from county gov­ern­ments when the board tasked with over­see­ing them vi­o­lates these prin­ci­ples it­self.

After re­jec­tion, coun­ties have up to three months to “cure” the im­proper spend­ing. Oth­er­wise, the Trust can re­duce or with­hold pay­ments go­ing for­ward, and in­stead di­rect the money to ac­counts con­trolled by other gov­ern­ment of­fi­cials. It is un­clear if Law­rence County will have to re­fund the mon­ies it al­ready spent, since the Trust only re­jected the 2023 ex­pen­di­tures last month.

There are points of light. As we have pre­vi­ously ob­served, sev­eral coun­ties are us­ing the funds to en­hance med­i­ca­tion-as­sisted treat­ment in their jails. And other es­tab­lished, ev­i­dence-based pro­grams are get­ting needed boosts, in­clud­ing harm-re­duc­tion ap­proaches.

But many coun­ties’ spend­ing, and the Trust’s man­age­ment, re­mains hap­haz­ard. With­out more struc­tured ac­count­abil­ity, at the lo­cal and state level, Penn­syl­va­nia will look back on this mo­ment as a tragic missed op­por­tu­nity to heal and to save peo­ple and com­mu­ni­ties.

First Published: June 20, 2024, 9:30 a.m.

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A sculpture made from prescription pill bottles is displayed during a protest by advocates outside the Department of Justice in Washington.  (Carolyn Kaster/AP)
Carolyn Kaster/AP
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