Leadership Vacuum: Agencies in New York and Beyond Pass the Buck on Opioid Cash Oversight
Companies accused of recklessly marketing and distributing prescription opioid painkillers are paying to settle lawsuits over their role in fueling the addiction crisis. Itâs a pot of gold eyed by addiction treatment providers, companies creating the latest opioid-related products, and government officials struggling to balance budgets.
Nearly half of that money is , to be distributed by county commissioners and city councilors. The idea is that local leaders know their communities best and can do justice to these payouts, often described as âblood moneyâ by people whoâve lost loved ones to an overdose.
But many local leaders have little to no training in addiction policy and may lack robust local health departments and policy guardrails to assist them.
That has resulted in spending decisions that many clinicians, researchers, and addiction recovery advocates say are unlikely to save lives or treat substance use disorders.
In New York, where is directly controlled by local governments, counties have spent tens of thousands of dollars on surveillance cameras, technology to help police access data on locked cellphones, and goggles that simulate being drunk, according to public records obtained by the nonprofit advocacy group and shared exclusively with Ńîšóĺú´ŤĂ˝Ňîl Health News. Though the purchases were likely legal, many people consider them a slap in the face because they donât directly help people struggling with addiction or their families.
Without oversight, counties have the chance âto go rogueâ with this money, said , director of drug policy at VOCAL-NY, an advocacy organization that is tracking settlement money as part of its mission to serve people affected by the war on drugs.
When advocates and families of overdose victims raise concerns to the various state agencies that could hold localities accountable, those agencies often punt to one another, Budnella and other local advocates said.
It feels âlike the where itâs like everybodyâs pointing at each other,â Budnella said. âSomebody needs to be able to have the stick and slam their hand on the table and be like, âYouâre doing this wrong and this is the consequence.ââ
The experience in New York provides a microcosm of regulators evading oversight responsibility nationwide while varied interests vie for the financial windfall.
Years of data collected by Ńîšóĺú´ŤĂ˝Ňîl Health News, the Johns Hopkins Bloomberg School of Public Health, and the addiction nonprofit Shatterproof have found that settlement money was spent on law enforcement gear, such as night-vision goggles and bulletproof vests; unproven prevention initiatives, such as a drug-awareness magician for kids; and budget stopgaps.
Itâs unclear who should â or will â take action on such expenditures that many people harmed by the crisis consider questionable.
In each state, control of the money is split among various entities, creating a leadership vacuum. The federal government . Advocates and families whoâve lost loved ones have pushed for accountability but have limited power. A few states have passed new laws, but change is slow and uneven.
The require the majority of the money to be spent on âopioid remediation,â with . But the list is broad and open to interpretation. Further complicating the issue, many states â including New York â designate some portion of the settlement dollars as unrestricted, which allows for general spending.
Meanwhile, federal budget cuts have threatened addiction-related services and created more demand for funding. And though overdose deaths have decreased since , they still claim about 186 lives per day.
âWe really are wasting this opportunity to use these funds to turn the epidemic around,â said , a Binghamton, New York, resident, whose 28-year-old son, Jeff Dugon, died of a heroin overdose in 2014.

He was a chef who loved to rib Pleus about her bad knife skills. She thinks of him and smiles every time she peels garlic the way he taught her. If the money could spare other families such heartache, that would give her solace.
âWe need oversight,â said Pleus, who runs a nonprofit that is receiving opioid settlement cash from her county to serve people who use drugs and provide support groups for families.
In New York, there are three prime watchdog contenders: the Office of Addiction Services and Supports, the attorney general, and the comptroller.
The Lead State Agency
New Yorkâs opioid settlement documents designate the as the â.â
It distributes a portion of settlement dollars via grants, according to recommendations from the stateâs . It also has the power to âengage in oversight and audits of projects and programsâ funded by settlement cash and âmay withhold future fundsâ from local governments that do not comply with certain requirements, according to the agreement.
Agency spokesperson Jerry Gretzinger told Ńîšóĺú´ŤĂ˝Ňîl Health News the office has not yet exercised its power to withhold funds but understands its oversight role.
âOASAS has a duty to ensure these funds are used responsibly and strategically to build programs that will have a lasting impact in reversing this crisis,â Gretzinger wrote in a statement.
The office is currently auditing 19 local governmentsâ use of the money to ensure compliance with âreporting and recordkeeping requirements,â he said. However, that may not encompass the broader question of whether money was spent on appropriate uses, which many advocates want addressed.
Some people are frustrated with the narrow role OASAS has carved out.
For example, required local governments for the first time to publicly report how they spent settlement money. OASAS on its site. But it does not review the accuracy or detail of that data, instead relying on âthe information as it is providedâ by localities, Gretzinger said.
âThat doesnât feel like oversight,â said , a deputy director at the Legal Action Center, which obtained public records about local spending in New York.
Members of the stateâs Opioid Settlement Fund Advisory Board have also to provide more data and evaluation of how dollars are being used. But at a , OASAS Commissioner Chinazo Cunningham deflected.
âOASAS has no oversight over these portions of dollars,â she said of the 46% of settlement money that goes directly to counties and cities. âIn terms of what kind of data each county collects,â she added, âwe cannot dictate exactly what that information is.â
The Top Law Enforcement Officer
New York has been one of the leading national voices on prosecuting pharmaceutical companies that fueled the overdose crisis. Her office has issued on the topic, touting her role in securing billions of opioid settlement dollars for the state.
But when asked about the attorney generalâs role in ensuring this windfall is spent appropriately, her office passed the buck to other agencies.
âWhile our partners in state and local governments distribute and oversee these funds, we will continue our work to hold accountable the companies responsible for fueling the spread of addictions and overdoses,â spokesperson Grant Fox wrote in a statement.
That stance contrasts starkly with many peopleâs views of the officeâs responsibility.
A state senator, a member of the opioid settlement advisory board, and several advocates named the attorney generalâs office as a key enforcement entity.
âThe money is here because of their efforts,â said Democratic state , who chairs the committee on alcoholism and substance use disorders and has introduced of related to settlement funds. âI believe it is under the Office of the Attorney General to enforce.â
Budnella, the advocate with VOCAL-NY, agreed, saying, âIt would be a shame for all of their work that they have done to secure all this funding for it to be misspent.â

Attorneys general in and have taken more active roles, issuing lists of ways opioid settlement money cannot be spent. The lists include many law enforcement expenditures that have raised concerns for advocates in New York.
Jamesâ office did not respond to a specific question about whether sheâd consider creating a similar list.
The Fiscal Watchdog
Some people have suggested that the state comptroller, as a steward of New Yorkâs finances, could play an oversight role, perhaps by conducting or requiring audits.
Early this year, the Reason Foundation, a libertarian think tank, that would create audit requirements for organizations receiving settlement cash. The blueprint suggests recipients of more than $1 million in opioid settlements be required to undergo an independent review of financial statements and transaction testing to determine whether funds were used for their intended purpose. Smaller grantees, receiving less than $1 million, could simply provide an unaudited accounting of the funds.
Itâs ânot telling states what is and what isnât an appropriate use,â said , a co-author of the Reason Foundation plan. âWeâre simply trying to ensure recipients follow through with their promises.”
No state has adopted the model law yet. But the office of New York told Ńîšóĺú´ŤĂ˝Ňîl Health News it is already conducting an audit.
The process, which began in February, âis looking at OASASâ oversightâ of the opioid settlement money, said spokesperson Mary Mueller. It includes settlement money controlled by the state and local governments.
Mueller said any future enforcement action âwill depend on the results of our current work and our ongoing monitoring.â
The office is following in the footsteps of comptrollers and auditors in , , and , Tennessee, who have taken action on settlement cash.
These initial steps have given some advocates and researchers hope for the future of opioid settlement dollars, which are expected to flow for more than a decade.
âWeâre already years in and weâve seen the craziest storiesâ of this money and a , said , a co-author of the Reason Foundationâs model law. âIf we can prevent that at least a little and have these funds be a bit more focused, I donât think itâs too late.â
