[Revised June 20, 2024]
In January I submitted a public records request to determine whether the IDOC is seeking to apply any portion of the state’s Opioid Settlement Fund towards opioid overdose prevention and mitigation.
The state is projected to receive $218 million of the $54 billion national settlement that is scheduled to be paid out over the next 18 years by pharmaceutical distributors and manufacturers found responsible for America’s opioid crisis.
My public records query returned documents showing that the IDOC requested $600,000 from initial settlement payments “for purposes relating to opioid abuse or recovery programs.” The same documents show that Idaho Gov. Brad Little responded to the department’s request with an adjusted recommendation of $597,100.
In an effort to follow the money, I submitted another public records request for all IDOC-involved memorandums of understanding (MOUs) and proposals to treat people in the agency’s custody for opioid use disorder. The IDOC refused to fulfill my request, stating that all related records contain trade secrets, and per Idaho, are exempt from public disclosure.
I responded to the agency’s refusal by submitting another request, this time for the contact information of the entity whose trade secrets are being protected. “At this time,” I wrote, “I also wish to request all information not defined as ‘trade secret’ — operational standards and guidelines, approving signatures, projected timelines and budget, etc. — within any MOU or proposal for IDOC-involved opioid use disorder treatment/medication pilot programs. Per Idaho Code 74-107(1), the department is only allowed to redact information defined as ‘trade secret,’ not entire contracts or arrangements containing trade secret information.”
This request, too, was denied, again citing trade secret exemptions.
Per the secrecy law passed by the 2022 Idaho Legislature, the IDOC is only allowed to cloak the names and contact information of those with whom its doing business when their business is to help execute people who are sentenced to death in Idaho.
And according to Idaho Code, any writing that “(1) contains information relating to the conduct or administration of the public’s business and (2) was prepared, owned, used or retained by a government agency” is subject to public inspection.” This includes memos, unfinished documents, emails and handwritten notes.
That the agency is unwilling to share any information on the people with whom it’s partnering to spend the funds is unfortunate. Along with Idaho’s press, public and lawmakers, those of us who fell under the foot of Big Pharma would like to know if the department intends to return the money to the companies responsible for helping to propel the opioid crisis.
The public records requests and responses mentioned in this story are found in the downloadable PDF below.
References:
IDOC Public Records Request numbers R017548-012824, R019828-042324, R020308-051624.
FY 2025 Idaho Legislative Budget Book (pg. 3-38)
Idaho Office of the Attorney General, “Wasden: Idaho Opioid Abatement Funds Now Exceed $26 Million,” www.ag.idaho.gov.
Idaho Behavioral Health Council (IBHC), Idaho Opioid Settlement Fund.
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