Indiana has been hit hard by the opioid epidemic. The rates of opioid prescribing in Indiana reached a peak in 2012 when, on average, there were 112 opioid prescriptions for every 100 residents in the state. From 2012 through 2016, there were 58 Indiana counties with opioid prescribing rates greater than 100 prescriptions per 100 residents. The Attorney General's office is leading the fight to hold the manufacturers and distributors accountable.
- Indiana is also part of a bankruptcy settlement with Mallinckrodt, a drug manufacturer. The bankruptcy court requires that all the Mallinckrodt funds be used for abatement or restricted spending.
The settlements are governed by Indiana Code §§ 4-6-15. Under the terms of the statute governing distribution (IC 4-6-15-4), those cities and towns receiving less than $5,000 annually in abatement funding will have their distribution sent to the county. Subdivisions that hired their own attorneys and litigated on their own will also have their attorney fees deducted from their settlement payment, which will decrease the amount they will receive. For purposes of accounting for your settlement payments, please refer to the guidelines that were distributed in 2022 by the State Board of Accounts (SBOA). https://www.in.gov/sboa/files/September_-Volume-432.pdf
For information about reporting requirements on the use of restricted funds for abatement purposes and the use of the state’s 50% share of the proceeds, please contact the Family and Social Services Administration (FSSA) or visit https://www.in.gov/recovery/settlement/
For Distribution Estimates for Subdivisions:
For Approved Opioid Abatement Uses:
Estimates for 2023 and future years include projected payments for additional settlements with Walgreens, CVS, Teva, Allergan, and Walmart. The 2023 distributions for those settlements are expected later this year.
Click here to view the Distributors Settlement Agreement.
Click here to view the Opioid briefing for the commission
Click here to view the Johnson & Johnson Settlement Agreements