Federal - S 2680

Opioid Crisis Response Act of 2018

Introduced

April 16, 2018

Description

The Opioid Crisis Response Act of 2018was proposed by Senate HELP Committee Committee Chairman Lamar Alexander and Ranking Member Patty Murray. The bill collects more than two dozen bipartisan proposals ranging from research at National Institutes of Health and jobs for people in recovery at the Department of Labor, to permanent amendments of the Controlled Substances Act that lift buprenorphine patient limits for physicians and permanently allow nurse practitioners and physician’s assistants to prescribe it. 

Section 510 authorizes $40million per year to the CDC for surveillance and education programs that address infectious diseases most commonly associated with injection drug use. This section is related to S.2579 and H.R. 5353.

Our Position

Support

Commentary

AIDS United strongly supports additional funding to the CDC for strategies to address opioid use-related infectious diseases.

Original Sponsor 1

Co-Sponsors 23

Latest Actions See More/Less

  • Sept. 12, 2018 — Additional cosponsor(s): 5

    Bennet, (D-Colo.)Hassan, (D-N.H.)Warren, (D-Mass.)
    Feinstein, (D-Calif.)Shaheen, (D-N.H.)
  • Aug. 28, 2018 — Additional cosponsor(s): 1

    Corker, (R-Tenn.)
  • July 11, 2018Cost Estimate issued by Congressional Budget Office.

  • May 7, 2018 — Reported to the Senate with an amendment in the nature of a substitute and without a written report by the Senate Health, Education, Labor and Pensions Committee and placed on the Senate Legislative Calendar. Congressional Record p. S2517

  • April 24, 2018 — Full committee consideration and markup held by the Senate Health, Education, Labor and Pensions Committee.

    April 24, 2018 — Committee Vote: Opioid Crisis Response — Substitute Amendment
      Alexander, R-Tenn. —

    Substitute amendment that would add provisions regarding advancing research to find alternatives to opioids, clarifying the Food and Drug Administration's regulation of non-addictive pain products and building a task force to develop best practices for trauma-informed identification, referral and support.

    Substitute amendment that would add provisions regarding advancing research to find alternatives to opioids, clarifying the Food and Drug Administration's regulation of non-addictive pain products and building a task force to develop best practices for trauma-informed identification, referral and support.

    Adopted without objection.

    April 24, 2018 — Committee Vote: Opioid Crisis Response — Mental Health Parity
      Cassidy, R-La. —

    Amendment that would require the assistant secretary of Labor of the Employee Benefits Security Administration to report to the House Energy and Commerce and the Senate Health Education Labor and Pensions committees on the results of all closed federal investigations completed during the preceding 12 month period concerning compliance with mental health and substance use disorder coverage requirements under current law.

    It would require the report to include the number of complaints received during the covered reporting period and to identify which agency conducted the investigation, whether the health plan that is the subject of the investigation is fully insured or not fully insured and a summary of any coordination between the applicable state regulators, the departments of Health and Human Services, Labor or the Treasury, and references to any guidance provided by the agencies addressing the category of violation committed.

    It also would specify that the provisions would apply to the second annual report regarding parity in mental health and substance use disorder benefits and each such annual report thereafter.

    Amendment that would require the assistant secretary of Labor of the Employee Benefits Security Administration to report to the House Energy and Commerce and the Senate Health Education Labor and Pensions committees on the results of all closed federal investigations completed during the preceding 12 month period concerning compliance with mental health and substance use disorder coverage requirements under current law.

    It would require the report to include the number of complaints received during the covered reporting period and to identify which agency conducted the investigation, whether the health plan that is the subject of the investigation is fully insured or not fully insured and a summary of any coordination between the applicable state regulators, the departments of Health and Human Services, Labor or the Treasury, and references to any guidance provided by the agencies addressing the category of violation committed.

    It also would specify that the provisions would apply to the second annual report regarding parity in mental health and substance use disorder benefits and each such annual report thereafter.

    Adopted by voice vote.

    April 24, 2018 — Committee Vote: Opioid Crisis Response — Medication-Assisted Treatment
      Hassan, D-N.H. —

    Amendment that would increase to 100 from 30 the total number of patients qualifying practitioners can prescribe medication-assisted treatment, if the practitioner submits a second notification to the secretary of Health and Human Services of the need and intent to treat up to 100 patients.

    It also would allow practitioners to treat up to 275 patients if they:

    • Are board certified in addiction medicine or addiction psychiatry by certain medical boards.
    • Provide medication-assisted treatment utilizing covered medications.
    • Have not had their enrollment and billing privileges in the Medicare program revoked.
    • Have not been found to have violated laws regarding the manufacture, distribution of dispersal of a controlled substance or a list I chemical.

    Amendment that would increase to 100 from 30 the total number of patients qualifying practitioners can prescribe medication-assisted treatment, if the practitioner submits a second notification to the secretary of Health and Human Services of the need and intent to treat up to 100 patients.

    It also would allow practitioners to treat up to 275 patients if they:

    • Are board certified in addiction medicine or addiction psychiatry by certain medical boards.
    • Provide medication-assisted treatment utilizing covered medications.
    • Have not had their enrollment and billing privileges in the Medicare program revoked.
    • Have not been found to have violated laws regarding the manufacture, distribution of dispersal of a controlled substance or a list I chemical.
    • Adopted by voice vote.

      April 24, 2018 — Committee Vote: Opioid Crisis Response — Opioid Alternative Treatment
        Bennet, D-Colo. —

      Amendment that would authorize $5 million annually in fiscal 2019 through 2023 for the secretary of Health and Human Services to award grants to hospitals and other acute care settings relating to alternatives to opioids for pain management.

      Amendment that would authorize $5 million annually in fiscal 2019 through 2023 for the secretary of Health and Human Services to award grants to hospitals and other acute care settings relating to alternatives to opioids for pain management.

      Adopted by voice vote.

      April 24, 2018 — Committee Vote: Opioid Crisis Response — Peer Recovery Support Services
        Kaine, D-Va. —

      Amendment that would give states resources to ensure recovery homes can help residents recover from opioid use disorders.

      Amendment that would give states resources to ensure recovery homes can help residents recover from opioid use disorders.

      Adopted by voice vote.

      April 24, 2018 — Committee Vote: Opioid Crisis Response — Mental Health Parity Enforcement
        C. Murphy, D-Conn. —

      Amendment that would allow the secretary of Labor to collect civil penalties from insurance companies and employers for not covering mental health and addiction treatment.

      Amendment that would allow the secretary of Labor to collect civil penalties from insurance companies and employers for not covering mental health and addiction treatment.

      Rejected 11-12.

      April 24, 2018 — Committee Vote: Opioid Crisis Response — Illegal Marketing or Distribution of Opioids�
        Sanders, I-Vt. —

      Amendment that would specify that illegal marketing or distribution of opioids includes:

      • The knowing false advertisement, promotion, direct-to-consumer marketing material or other marketing material that conveys that an opioid has no addiction-forming or addiction-sustaining liability or has less of an addiction-forming or addiction-sustaining liability than one or more other opioids.
      • Supplying states or communities with a quantity of opioids determined to be not medically reasonable.
      • Failing to report any order or pattern of orders for the distribution of opioids that would cause a reasonable person to believe the opioids were not being dispensed in a medically reasonable manner.

      It would subject those who engage in illegal marketing or distribution of opioids to civil penalties.

      It also would direct the secretary of Health and Human Services, acting through the administrator of the Food and Drug Administration, and in consultation with the attorney general, acting through the administrator of the Drug Enforcement Administration, to investigate all opioid manufacturers and their executives to determine whether they violated interstate commerce laws regarding adulterated or misbranded food, drugs, devices, tobacco products or cosmetics.

      It also would establish an Opioids Reimbursement Fund for the HHS secretary, in consultation with the commissioner of the Food and Drug Administration, to combat the abuse of opioids in the United States.

      Amendment that would specify that illegal marketing or distribution of opioids includes:

    • The knowing false advertisement, promotion, direct-to-consumer marketing material or other marketing material that conveys that an opioid has no addiction-forming or addiction-sustaining liability or has less of an addiction-forming or addiction-sustaining liability than one or more other opioids.
    • Supplying states or communities with a quantity of opioids determined to be not medically reasonable.
    • Failing to report any order or pattern of orders for the distribution of opioids that would cause a reasonable person to believe the opioids were not being dispensed in a medically reasonable manner.
    • It would subject those who engage in illegal marketing or distribution of opioids to civil penalties.

      It also would direct the secretary of Health and Human Services, acting through the administrator of the Food and Drug Administration, and in consultation with the attorney general, acting through the administrator of the Drug Enforcement Administration, to investigate all opioid manufacturers and their executives to determine whether they violated interstate commerce laws regarding adulterated or misbranded food, drugs, devices, tobacco products or cosmetics.

      It also would establish an Opioids Reimbursement Fund for the HHS secretary, in consultation with the commissioner of the Food and Drug Administration, to combat the abuse of opioids in the United States.

      Rejected 8-15.

      April 24, 2018 — Committee Vote: Opioid Crisis Response — National Health Services Corps Funding
        Sanders, I-Vt. —

      Amendment that would increase the funding authorization for the National Health Services Corp., which provides scholarships and debt forgiveness for medical students who served in underserved areas.

      Specifically it would authorize:

      • $372 million in fiscal 2020.
      • $434 million in fiscal 2021.
      • $496 million in fiscal 2022.
      • $558 million in fiscal 2023.
      • $620 million in fiscal 2024.

      Amendment that would increase the funding authorization for the National Health Services Corp., which provides scholarships and debt forgiveness for medical students who served in underserved areas.

      Specifically it would authorize:

    • $372 million in fiscal 2020.
    • $434 million in fiscal 2021.
    • $496 million in fiscal 2022.
    • $558 million in fiscal 2023.
    • $620 million in fiscal 2024.
    • Rejected 11-12.

      April 24, 2018 — Committee Vote: Opioid Crisis Response — Vote to Report

      Reauthorize and restructure grants to states and Indian tribes for prevention, response and treatment to mitigate the opioid crisis.

      The bill would:

      • Grant the National Institutes of Health additional flexibility to spur development and research on of non-addictive painkillers, and other strategies to prevent, treat, and manage pain and substance use disorders.
      • Clarify the Food and Drug Administration's regulatory pathways for medical product manufacturers through guidance for new non-addictive pain and addiction products. It also would clarify that the FDA has authority to require packaging and disposal options for certain drugs and give patients safe disposal options.
      • Strengthen FDA and U.S. Customs and Border Protection coordination to improve detection and seizure of illegal drugs, such as fentanyl.
      • Provide for support for states to improve their Prescription Drug Monitoring Programs (PDMPs) and encourage data sharing between states.
      • Strengthen the health care workforce to increase access to mental health services in schools and community-based settings and to substance use disorder services in underserved areas.
      • Authorize the Centers for Disease Control and Prevention's work to combat the opioid crisis, including providing grants for states, localities, and tribes to collect data and implement key prevention strategies.
      • Address the effects of the opioids crisis on infants, children, and families, including by helping states improve plans of safe care for infants born with neonatal abstinence syndrome and helping to address child and youth trauma.
      • Authorize the Department of Labor to address the economic and workforce impacts for communities affected by the opioid crisis, through grants targeted at workforce shortages for the substance use and mental health treatment workforce, and to align job training and treatment services.
      • Require the Drug Enforcement Administration to issue regulations on how qualified providers can prescribe controlled substances in limited circumstances via telemedicine.
      • Allow hospice programs to safely and properly dispose of unneeded controlled substances to help reduce the risk of diversion and misuse.

      Reauthorize and restructure grants to states and Indian tribes for prevention, response and treatment to mitigate the opioid crisis.

      The bill would:

    • Grant the National Institutes of Health additional flexibility to spur development and research on of non-addictive painkillers, and other strategies to prevent, treat, and manage pain and substance use disorders.
    • Clarify the Food and Drug Administration's regulatory pathways for medical product manufacturers through guidance for new non-addictive pain and addiction products. It also would clarify that the FDA has authority to require packaging and disposal options for certain drugs and give patients safe disposal options.
    • Strengthen FDA and U.S. Customs and Border Protection coordination to improve detection and seizure of illegal drugs, such as fentanyl.
    • Provide for support for states to improve their Prescription Drug Monitoring Programs (PDMPs) and encourage data sharing between states.
    • Strengthen the health care workforce to increase access to mental health services in schools and community-based settings and to substance use disorder services in underserved areas.
    • Authorize the Centers for Disease Control and Prevention's work to combat the opioid crisis, including providing grants for states, localities, and tribes to collect data and implement key prevention strategies.
    • Address the effects of the opioids crisis on infants, children, and families, including by helping states improve plans of safe care for infants born with neonatal abstinence syndrome and helping to address child and youth trauma.
    • Authorize the Department of Labor to address the economic and workforce impacts for communities affected by the opioid crisis, through grants targeted at workforce shortages for the substance use and mental health treatment workforce, and to align job training and treatment services.
    • Require the Drug Enforcement Administration to issue regulations on how qualified providers can prescribe controlled substances in limited circumstances via telemedicine.
    • Allow hospice programs to safely and properly dispose of unneeded controlled substances to help reduce the risk of diversion and misuse.
    • Ordered reported favorably to the full Senate (as amended) 23-0.

  • April 24, 2018 — Additional cosponsor(s): 2

    Collins, S. (R-Maine)Rubio, (R-Fla.)
  • April 24, 2018 — Additional cosponsor(s): 2

    Casey, (D-Pa.)McCaskill, (D-Mo.)
  • April 23, 2018 — Additional cosponsor(s): 2

    Hatch, (R-Utah)Murkowski, (R-Alaska)
  • April 23, 2018 — Additional cosponsor(s): 1

    Smith, (D-Minn.)
  • April 18, 2018 — Additional cosponsor(s): 2

    Heitkamp, (D-N.D.)Jones, (D-Ala.)
  • April 18, 2018 — Additional cosponsor(s): 1

    Capito, (R-W.Va.)
  • April 17, 2018Draft bill text released by Sen. Alexander, R-Tenn.; Sen. Murray, D-Wash., Senate Health, Education, Labor and Pensions Committee.

  • April 17, 2018 — Additional cosponsor(s): 3

    Baldwin, (D-Wis.)Kaine, (D-Va.)Manchin (D-W.Va.)
  • April 17, 2018 — Additional cosponsor(s): 3

    Cassidy, (R-La.)Heller, (R-Nev.)Isakson, (R-Ga.)
  • April 16, 2018 — Original cosponsor(s): 1

    Murray, (D-Wash.)
  • April 16, 2018 — Read twice and referred to: Senate Health, Education, Labor and Pensions.Congressional Record p. S2141