For answers to frequently asked questions, the Trustees of the National Opioid Abatement Trust II have prepared the following FAQs, which will be updated from time to time with additions and changes based on relevant circumstances and information. Capitalized terms used but not defined in these FAQs have the definitions given to them in the NOAT II governing documents. The Plan and other important documents are available here.
The National Opioid Abatement Trust II was established for the benefit of Mallinckrodt plc’s public creditors. NOAT II is separate and distinct from the National Distributors / Janssen settlements.
Information about NOAT II, including copies of the NOAT II governing documents, is publicly accessible on this website under the tab marked “Important Documents.”
The SAA Filing Deadline was August 15, 2022.
Yes. The State’s allocation will be held in the reserve until the next occurring distribution date. If, at that time, the State has an effective SAA or GPM Notice that conforms to the requirements in the NOAT II governing documents, NOAT II will issue the State a Notice of Abatement Distribution. Following public notice, NOAT II will direct disbursement to the State.
An SAA or GPM Notice becomes effective fourteen (14) days after being filed with the Bankruptcy Court, unless otherwise ordered by that Court.
A GPM Notice identifies the Governmental Participation Mechanism used by a Non-SAA State to consult with its respective Local Governments. Section 6 of the NOAT II TDP provides further detail. States that file a GPM Notice with the Bankruptcy Court are subject to the Default Allocation, as described in Section 5.A.1 of the NOAT II TDP.
Yes, see Footnote 9 of the NOAT II TDP. Once a State’s SAA becomes effective, it supersedes any prior-filed GPM Notice. The State’s effective SAA will govern future NOAT II abatement distributions to the State.
Per Section 2.6 of the NOAT II Agreement and Section 7 of the NOAT II TDP, any State, Territory, or Qualifying Block Grantee that received an Abatement Distribution from NOAT II must submit a Beneficiary Abatement Use Report to the NOAT II Trustees.
The contents of the Beneficiary Abatement Use Report will enable (i) the Trust to satisfy its reporting requirements per Section 2.4 and Section 2.5 of the NOAT II Agreement and (ii) the NOAT II Beneficiaries to satisfy their reporting requirements to the Trust under Section 7.1 and Section 7.2 of the NOAT II TDP, as applicable.
Per Section 2.6 of the NOAT II Agreement, the Trustees have established the NOAT II Beneficiary Abatement Use Reporting Tool as the primary means of receiving NOAT II Beneficiary Abatement Use Reports. Any State, Territory, or Qualifying Block Grantee that received an Abatement Distribution from NOAT II must submit a Beneficiary Abatement Use Report to the NOAT II Trustees using the Tool.
The NOAT II Beneficiary Abatement Use Reporting Tool is accessible at www.noatii.com/reporting. Access is limited to NOAT II authorized representatives, or their designees. To request access, either e-mail reporting@noatii.com, or click the “Request Login Credentials” tab at www.noatii.com/reporting and follow the on-screen instructions to submit your request directly to the NOAT II reporting team.
The NOAT II Beneficiary Abatement Use Reporting Tool is accessible at www.noatii.com/reporting.
Access is limited to NOAT II authorized representatives, or their designees. To request access, either e-mail reporting@noatii.com, or click the “Request Login Credentials” tab at www.noatii.com/reporting and follow the on-screen instructions to submit your request directly to the NOAT II reporting team.
Per Section 2.5 and Section 2.6 of the NOAT II Agreement, the Trustees shall cause to be prepared and filed with the Bankruptcy Court an annual report on the Approved Opioid Abatement Uses with respect to such period. The contents of the Beneficiary Abatement Use Reports submitted by NOAT II Beneficiaries shall inform this annual report.
The NOAT II Trustees shall (i) post a copy of the NOAT II Opioid Abatement Report on the NOAT II Website and (ii) deliver such NOAT II Opioid Abatement Report to MDT II, in each case when such report is filed with the Bankruptcy Court.
Access to the NOAT II Beneficiary Abatement Use Reporting Tool is available year-round.
The deadline for calendar year 2022 NOAT II Beneficiary Abatement Use Report submissions was March 1, 2023.
The NOAT II Trustees have not yet finalized the deadline for calendar year 2023 submissions. Once the Trustees have finalized a deadline, the due date will be posted to the landing page of the NOAT II Beneficiary Abatement Use Reporting Tool at: www.noatii.com/reporting; and to the NOAT II Website at: https://www.nationalopioidabatementtrust.com.
Yes. Access to the NOAT II Beneficiary Abatement Use Reporting Tool is available year-round.
The Tool allows users to identify the period covered by their report, as well as individually itemize the timing of the abatement use data they are reporting, i.e., annually, semi-annually, quarterly, or monthly.
In the first quarter of each calendar year, the NOAT II Trustees will cause to be prepared the NOAT II Annual Report for submission to the Bankruptcy Court. At this time, there will be a four-week window during which the Tool will be unavailable to users. Advance notice of this deadline will be provided.
Per Section 2.6 of the NOAT II Agreement and Section 7 of the NOAT II TDP, any State, Territory, or Qualifying Block Grantee that received an Abatement Distribution from NOAT II must submit a Beneficiary Abatement Use Report to the NOAT II Trustees.
If a Local Government received an Abatement Distribution directly from NOAT II, its State may elect to have the Local Government submit a Beneficiary Abatement Use Report directly to the NOAT II Trustees. In such cases, the Trust will provide the Local Government access to the NOAT II Beneficiary Abatement Use Reporting Tool.
If you are unsure as to whether your State has elected to have your Local Government submit a NOAT II Beneficiary Abatement Use Report directly to the NOAT II Trustees, contact the NOAT II reporting team by sending an e-mail to: reporting@noatii.com.
If you have additional questions or require assistance, send an e-mail to: reporting@noatii.com. A member of the NOAT II reporting team will contact you.
Per the NOAT II governing documents, jurisdictions are eligible to receive NOAT II Funds based on whether they are a Qualifying Block Grantee (QBG) or are otherwise subject to their State’s or Territory’s allocation mechanism. You can search for publicly available information related to a State, Territory, or QBG by searching the “Locate Jurisdiction” field at the bottom of the home page of this website, located here.
Per the NOAT II governing documents, jurisdictions in States with effective Statewide Abatement Agreements (SAAs) are subject to the requirements detailed therein. States with effective Government Participation Mechanisms (GPMs) are subject to the Default Allocation Mechanism described in Section 5.A.1 of the NOAT II TDP. These documents inform NOAT II’s allocation calculations.
NOAT II will post a Notice of Abatement Distribution to this website.
For States with an effective Statewide Abatement Agreement (SAA), NOAT II shall endeavor to provide at least ten (10) days’ notice to the NOAT II Beneficiaries of any upcoming Abatement Distribution, provided however, that the NOAT II Trustees may shorten such notice period in their discretion.
For States with a Government Participation Mechanism (GPM), or Qualifying Block Grantees (QBGs), this Notice will be posted at least 14 days prior to any upcoming Abatement Distribution.
You can view a jurisdiction’s Notice of Abatement Distribution by either scrolling to the bottom of the Home page and selecting “Locate Jurisdiction,” or selecting “State/Territory Information” from the navigation bar at the top of this page.
Schedule B of the NOAT II TDP provides a list of approved abatement uses. Information about NOAT II, including the NOAT II TDP and accompanying Schedules, is publicly accessible on this website under the tab marked “Important Documents.”
NOAT II funds may only be used for approved uses as defined in the NOAT II governing documents.
At this time, NOAT II is able only to provide the planned allocation amount for the first year’s disbursement.
With regard to future NOAT II payments, see Section 4.2(b) of the NOAT II Trust Agreement.
NOAT II has reviewed all allocation mechanisms submitted through the NOAT II portal. Each such allocation mechanism has been filed with the Bankruptcy Court. To the extent additional information is required to determine allocations, NOAT II is communicating directly with the applicable NOAT II Beneficiary.
NOAT II is calculating allocations per the applicable allocation mechanism and the NOAT II governing documents. As allocations are completed, NOAT II provides Beneficiaries with a Notice of Planned Allocation. NOAT II is completing its work on a rolling basis.
Per the NOAT II governing documents, and prior to distributing NOAT II Funds to a State, Territory, or Qualifying Block Grantee (QBG), NOAT II will post a Notice of Abatement Distribution to this website.
For States with an effective Statewide Abatement Agreement (SAA), NOAT II shall endeavor to provide at least ten (10) days’ notice to the NOAT II Beneficiaries of any upcoming Abatement Distribution, provided however that the NOAT II Trustees may shorten such notice period in their discretion.
For States with a Government Participation Mechanism (GPM), or Qualifying Block Grantees (QBGs), this Notice will be posted at least 14 days prior to any upcoming Abatement Distribution.
Yes. At this time, NOAT II anticipates disbursing NOAT II funds once per month.
You can view a jurisdiction’s Notice of Abatement Distribution by either scrolling to the bottom of the Home page and selecting “Locate Jurisdiction,” or selecting “State/Territory Information” from the navigation bar at the top of this page. You also can visit a jurisdiction’s website from the list below:
States, Territories, and District of Columbia | ||
Alabama | Alabama Attorney General's Office | www.alabamaag.gov/ |
Alaska | Alaska Department of Health | health.alaska.gov/Pages/default.aspx |
Arizona | Arizona Attorney General | www.azag.gov/ |
Arkansas | Attorney General of Arkansas | arkansasag.gov/ |
California | Attorney General of California | oag.ca.gov/ |
Colorado | Colorado Attorney General | coag.gov/opioids/ |
Connecticut | Department of Mental Health and Addiction Services | portal.ct.gov/dmhas |
Delaware | Delaware Attorney General | attorneygeneral.delaware.gov/ |
Florida | State of Florida, Department of Children and Families | www.myflfamilies.com/service-programs/samh/ |
Georgia | Office of the Attorney General | law.georgia.gov/ |
Hawaii | Department of the Attorney General | ag.hawaii.gov/ |
Idaho | Idaho Office of the Attorney General | www.ag.idaho.gov/ |
Illinois | Illinois Office of the Attorney General | illinoisattorneygeneral.gov/ |
Indiana | Indiana Attorney General | www.in.gov/attorneygeneral/ |
Iowa | Iowa Department of Public Health | idph.iowa.gov/ |
Kansas | Kansas Attorney General's Office | ag.ks.gov/about-the-office/contact-us/contact-us |
Kentucky | Kentucky Attorney General | www.ag.ky.gov/Pages/default.aspx |
Louisiana | Louisiana Office of the Attorney General | www.ag.state.la.us/ |
Maine | Office of the Maine Attorney General | www.maine.gov/ag/ |
Maryland | Maryland Attorney General | www.marylandattorneygeneral.gov/ |
Massachusetts | Executive Office of Health and Human Services Bureau of Substance Addiction Services | www.mass.gov/orgs/bureau-of-substance-addiction-services |
Michigan | Michigan Department of Health and Human Services | www.michigan.gov/mdhhs |
Minnesota | Minnesota Department of Human Services | mn.gov/dhs/opioids/ |
Mississippi | Attorney General of Mississippi | www.ago.state.ms.us/ |
Missouri | Missouri Attorney General | ago.mo.gov/ |
Montana | Montana Department of Health & Human Services | dphhs.mt.gov/ |
Nebraska | Nebraska Attorney General | ago.nebraska.gov/ |
Nevada | Nevada Attorney General | ag.nv.gov/ |
New Hampshire | New Hampshire Department of Justice: Office of the Attorney General | www.doj.nh.gov/ |
New Jersey | New Jersey Office of the Attorney General | www.njoag.gov/ |
New Mexico | New Mexico Attorney General | www.nmag.gov/ |
New York | New York State Attorney General | ag.ny.gov/ |
North Carolina | North Carolina Attorney General | ncdoj.gov/ |
North Dakota | North Dakota Department of Health and Human Services | www.hhs.nd.gov/ |
Ohio | Ohio Attorney General | www.ohioattorneygeneral.gov/ |
Oklahoma | Oklahoma Department of Mental Health and Substance Abuse Services | oklahoma.gov/odmhsas.html |
Oregon | Oregon Department of Justice: Attorney General | www.doj.state.or.us/ |
Pennsylvania | PA Office of Attorney General | www.attorneygeneral.gov/ |
Rhode Island | Rhode Island Attorney General's Office | riag.ri.gov/ |
South Carolina | South Carolina Attorney General | www.scag.gov/ |
South Dakota | Department of Social Services | www.avoidopioidsd.com/ |
Tennessee | Tennessee Attorney General and Reporter | www.tn.gov/attorneygeneral.html |
Texas | Texas Attorney General | www.texasattorneygeneral.gov/ |
Utah | Utah Attorney General | attorneygeneral.utah.gov/ |
Vermont | Vermont Department of Health | www.healthvermont.gov/ |
Virginia | Virginia Attorney General | www.oag.state.va.us/ |
Washington | Washington State Health Care Authority | www.hca.wa.gov/ |
West Virginia | Office of the WV Attorney General | ago.wv.gov/Pages/default.aspx |
Wisconsin | Wisconsin Department of Justice: Office of the Attorney General | www.doj.state.wi.us/ |
Wyoming | Wyoming Department of Health | health.wyo.gov/ |
American Samoa | American Samoa Department of Legal Affairs: Attorney General's Office | www.legalaffairs.as.gov/office-of-the-attorney-general |
District of Columbia | Department of Behavioral Health | dbh.dc.gov/ |
Guam | Office of the Attorney General of Guam | oagguam.org/ |
N. Mariana Islands | Office of the Attorney General Commonwealth of the Northern Mariana Islands | www.cnmioag.org/ |
Puerto Rico | Department of Health of Puerto Rico | www.salud.gov.pr/ |
Virgin Islands | Department of Health | doh.vi.gov |
Qualifying Block Grantees | |
Cobb County | www.cobbcounty.org/ |
Gwinnett County | www.gwinnettcounty.com/web/gwinnett/Home |
DeKalb County | www.dekalbcountyga.gov |
Fulton County | fultoncountyga.gov/ |
Jefferson County | louisvilleky.gov/ |
Montgomery County | www.montgomerycountymd.gov |
Anne Arundel County | www.aacounty.org/ |
Baltimore City | www.baltimorecity.gov/ |
Baltimore County | www.baltimorecountymd.gov |
Prince George's County | www.princegeorgescountymd.gov |
City of Boston | www.boston.gov |
Wayne County | www.waynecounty.com/ |
Genesee County | www.geneseecountymi.gov |
Oakland County | www.oakgov.com |
Kent County | www.accesskent.com |
Macomb County | www.macombgov.org |
Douglas County | www.douglascounty-ne.gov/ |
Hillsborough County | hcnh.org/ |
Tulsa County | www.tulsacounty.org |
Spokane County | www.spokanecounty.org |
Pierce County | www.piercecountywa.gov |
King County | kingcounty.gov |
Clark County | clark.wa.gov/ |