American Rescue Plan Act Directs $1.65 Billion to Substance Abuse Prevention and Treatment Block Grant

President Biden’s American Rescue Plan Act of 2021 will direct $2.5 billion in funding to two components of the Substance Abuse and Mental Health Services Administration’s mental health and substance use programs aimed at increasing access to services. According to the U.S. Department of Health and Human Services (HHS), $825 million will go toward the Community Mental Health Services Block Grant program that states can use on community-based mental health treatment services, and $1.65 billion will go toward the Substance Abuse Prevention and Treatment Block Grant for states and territories to use to improve existing treatment infrastructure and community-based prevention and treatment programs.

Articles & Resources

Axios – Biden directing $2.5B to address mental health and addiction crisis

H.R.1319 – American Rescue Plan Act of 2021


Two Measures Reintroduced to Assess and Expand Prevention and Treatment Services

Last week, Representative Bill Foster (D-IL-11) reintroduced two bills to address the opioid epidemic. The Expanding Opportunities for Recovery Act would enable the Center for Substance Abuse Treatment to award grants to states to expand access to clinical services for opioid abuse, dependence, or addiction. This bill was previously introduced during the 116th Congress. Representative Foster also reintroduced the Examining Opioid Treatment Infrastructure Act, which would require the Government Accountability Office (GAO) to evaluate and submit to Congress a report on the inpatient and outpatient capacity, availability and needs for existing substance use disorder programs and services. This bill was introduced during the 114th Congress and passed in the House in May 2016. In a press release, Representative Foster said, “As we continue to fight the COVID-19 pandemic, we cannot forget that substance use disorder remains a major challenge for millions of Americans. I’m proud to introduce legislation to help provide resources for communities in Illinois and across the country to strengthen their ability to provide prevention and treatment programs for people who are struggling and need help.”

Articles & Resources

Representative Bill Foster – Foster Introduces Two Pieces of Legislation to Help Fight the Opioid Epidemic

H.R.1302 – Expanding Opportunities for Recovery Act of 2019

H.R.4982 – Examining Opioid Treatment Infrastructure Act of 2016


Bill to Close Orphan Drug Act Loophole and Promote Development of Opioid Use Disorder Treatments Back on Congressional Agenda

Last week, Representatives Madeleine Dean (D-PA-4) and Marc Veasey (D-TX-33) reintroduced the Fairness in Orphan Drug Exclusivity Act, which would update the Orphan Drug Act to eliminate a loophole allowing drug manufacturers to use an existing orphan drug status to obtain a seven-year market exclusivity on a new version of the drug even if manufacturers expect to recoup their research and development costs through U.S. sales. The Fairness in Orphan Drug Exclusivity Act would require that manufacturers show that they have no expectation of recouping their research and development costs for the drugs with a seven-year marketing exclusivity. In a press release, Representative Dean stated, “the Fairness in Orphan Drug Exclusivity Act will eliminate barriers for innovative medication assisted treatments (MAT) to come to market, boost competition in the marketplace, and drive down the cost of new medicines” while Representative Veasey added, “Each year, the opioid crisis impacts millions of families in every crevice of our country. The Fairness in Orphan Drug Exclusivity Act will help us curb the loss of life by expanding access to a wide range of new medication-assisted treatments that will create more options in the marketplace.” This bill was introduced during the 116th Congress and passed unanimously in the House in November 2020.

Articles & Resources

Representative Madeleine Dean –  Rep. Dean Reintroduces Fairness in Orphan Drug Exclusivity Act

H.R.4712 – Fairness in Orphan Drug Exclusivity Act


HHS Extends Public Comment Period for Proposed Modifications to HIPAA Privacy Rule

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has extended the public comment period for the Notice of Proposed Rulemaking (NPRM) to modify the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. As noted in a HHS press release the proposed changes to the HIPPA Privacy Rule include “enhancing flexibilities for disclosures in emergency or threatening circumstances, such as the Opioid and COVID-19 public health emergencies. Acting OCR Director Robinsue Frohboese stated, “OCR anticipates a high degree of public interest in providing input on the proposals because the HIPAA Privacy Rule affects nearly anyone who interacts with the health care system. The 45-day extension of the comment period to May 6, 2021, will give the public a full opportunity to consider the proposals and submit comments to inform future policy.” The public docket (HHS-OCR-2021-0006) will accept comments through May 6, 2021.

Articles & Resources

Docket (HHS-OCR-2021-0006) – Proposed Modifications to the HIPAA Privacy Rule To Support, and Remove Barriers to, Coordinated Care and Individual Engagement; extension of comment period

HHS – Extension of the Public Comment Period for Proposed Modifications to the HIPAA Privacy Rule


What We Read Last Week

Several articles were published last week pertaining to the opioid epidemic, covering a variety of different components of the issue. Links to relevant articles are provided below.

Articles & Resources

American Heart Association – Cardiac arrest from opioid overdose has unique features affecting prevention and treatment

American Hospital Association – Leaders offer 7 standards of excellence in community health investments

American Pharmacists Association– Consistent education, use of opioid-sparing regimens can reduce misuse among kids having surgery

Chicago Tribune – With methadone lawsuit concluded, DuPage County Jail looks to expand opioid addiction treatment

Harvard Review of Psychiatry – An Evaluation of Opioid Use in Black Communities: A Rapid Review of the Literature

JAMA – Addiction Screening—The A Star Is Born Movie Series and Destigmatization of Substance Use Disorders

Law360 – McKinsey Seeks New MDL As Opioid Headaches Worsen

Law360 – NY AG Opioid Trial Now Set For June Amid Virus Concerns

Law360 – Opioid Litigation Is Prying Open Vaults Of Big Pharma Secrets

NPR – Drug Companies Plan Tax Breaks To Offset $26 Billion Opioid Settlement

NPR – Hospital Emergency Rooms Struggle With Overdose Spike During Pandemic

RAND – Is the Rise in Illicit Opioids Affecting Labor Supply and Disability Claiming Rates?

The BMJ – Association of first trimester prescription opioid use with congenital malformations in the offspring: population based cohort study

The New York Times – Doctor Who Prescribed Pain Pills Is Charged With 5 Counts of Murder

U.S. Attorney’s Office for the District of Connecticut – Former Bristol Resident Sentenced to 51 Months in Prison for Dealing Fentanyl and Crack

U.S. Attorney’s Office for the District of Connecticut – Norwalk Man Sentenced to 10 Years in Prison for Third Federal Narcotics Conviction

U.S. Attorney’s Office for the District of Massachusetts – Boston Man Pleads Guilty to Fentanyl Trafficking and Cocaine Conspiracy

U.S. Attorney’s Office for the District of New Jersey – Cardiologist Admits Unlawfully Distributing Thousands of Oxycodone Pills

U.S. Attorney’s Office for the District of New Jersey – Passaic County Man Admits Distributing Fentanyl

U.S. Attorney’s Office for the Eastern District of Virginia – Jury Convicts Richmond Fentanyl, Heroin, and Cocaine Trafficker

U.S. Attorney’s Office for the Northern District of New York – Capital Region Men Charged with Conspiring to Distribute Fentanyl

U.S. Attorney’s Office for the Northern District of West Virginia – Berkeley County woman sentenced for role in drug conspiracy

U.S. Attorney’s Office for the Western District of Arkansas – Texas Man Sentenced To 10 Years In Federal Prison For Possessing Over 20 Pounds Combined Of Fentanyl And Cocaine

U.S. Attorney’s Office for the Western District of Michigan – California Man Convicted for Role In Drug Trafficking and Money Laundering Conspiracies

U.S. Attorney’s Office for the Western District of Texas – San Antonio Physician Agrees to Pay $350,000 to Resolve Allegations that He Pre-Signed Prescriptions and Issued Prescriptions without Appropriate Examinations

U.S. Attorney’s Office for the Western District of Texas – San Antonio Physician Agrees to Pay $350,000 to Resolve Allegations that He Pre-Signed Prescriptions and Issued Prescriptions without Appropriate Examinations

U.S. Attorney’s Office for the Western District of Wisconsin – Madison Physician Agrees to Pay $110,000 to Resolve Allegations of Controlled Substance Prescribing Violations

University of California, San Diego – With Gene Therapy, Scientists Develop Opioid-Free Solution for Chronic Pain


This Week’s Calendar

  • Senate Committee on Health, Education, Labor and Pensions
    Nominations of Vivek Murthy to serve as Medical Director in the Regular Corps of the Public Health Service and Surgeon General of the Public Health Service, and Rachel Levine to serve as Assistant Secretary of Health and Human Services
    Wednesday, March 17th, 9:30am

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