West Virginia advances bill requiring foundation distributing opioid money to hold public meetings

CHARLESTON, W.Va. (AP) — The private foundation in charge of distributing the lion’s share of West Virginia’s hundreds of millions of opioid-settlement dollars would be required to make its proceedings public under a bill advancing in the state Legislature.

Just under three-quarters of West Virginia’s $1 billion in settlement money is being funneled through the private West Virginia First Foundation, per an agreement drafted by the state Attorney General’s Office last year and signed by officials from every county in the state, which has the highest rate of opioid overdoses in the nation. Around a quarter will go directly to local communities and 3% will remain in trust.

The foundation’s board of directors, comprised of members appointed by Republican Gov. Jim Justice and elected by local governments, has expressed a willingness to hold open meetings, at the request of members of the public and the media. Just finalized late last year, the board has not yet considered any spending proposals. But it is currently working on completing its search for an executive director to run daily operations.

Democratic Del. Mike Pushkin of Kanawha County said Thursday he was glad to see the proposal requiring the board to follow open meeting laws be introduced so early in the 60-day legislative session, which started Wednesday.

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“The state got that money because a lot of people lost their lives, and it’s very important how it’s spent, what it’s spent on .... This money came at a great, great cost to the state,” he said before the bill was unanimously approved by the House Health and Human Resources Committee.

If the bill becomes law, the foundation would be required to provide public notice of each meeting and release an agenda in advance, as well as minutes documenting its actions afterward. It would also be required to allow the public to attend its meetings, except for proceedings not protected by state open meetings law, like discussions about personnel matters.

The proposal must also be approved by another House committee before going to the full chamber for a vote. If it passes the House, it would then move on to consideration in the state Senate.

Over the past four years, drug manufacturers, distribution companies, pharmacies and other companies with roles in the opioid business have reached settlements totaling more than $50 billion with governments.

West Virginia is receiving money from each of its settlement agreements on a staggered schedule, with annual payments coming until at least 2036. The West Virginia First Foundation is expected to receive around $367 million over the next five years alone.

The board must use the funds to abate the opioid crisis, according to the Foundation memorandum. That could mean evidence-based addiction treatment, recovery and prevention programs, among other initiatives.